Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri, with full citations and source links on every page.
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Did paid phone invitations and per-attendee radio ads for a free legal seminar violate the rules?
The opinion said phone invitations raised Rule 4-7.3(b) solicitation issues and solicitation at the seminar would violate it; a radio ad fee based on attendance, not hiring, did not violate the rules.
What could defense counsel say to a state witness asking about a subpoena or independent counsel?
The opinion barred legal advice to the witness under Rule 4-4.3, allowed suggesting the witness's own lawyer, barred arranging counsel for a self-incriminating witness, and required withdrawal if…
Could a flat-fee lawyer withdraw over client noncooperation, and what refund was owed?
The opinion said the lawyer could ask the court for leave to withdraw but declined to determine the refund amount because that required resolving facts.
Could a Missouri lawyer contact former employees of an opposing corporation in an out-of-state case?
Under the opinion's old rule analysis, former managers at any level were off limits to ex parte lawyer contact; other former employees required the Rule 4-4.2 comment analysis, and Missouri rules…
Could a firm member sue the city while another firm member served as a part-time municipal judge?
The opinion found a conflict, required the member handling the suit to withdraw, and said the city could not waive the conflict as a governmental entity.
Could a nonshareholder lawyer employee of a professional corporation serve as director and officer?
The opinion said yes.
Could class counsel accept members recruited by another class member who forwarded their fees?
The opinion said yes, but required direct confirmation and case communication before acting for them, with a Rule 4-1.16 refund if they changed their minds.
Could salaried County Juvenile Office counsel defend adult criminal cases in Missouri?
The opinion said no to adult criminal defense in any Missouri municipal or circuit court under the stated salaried role.
Could a prosecutor stay in a personal-injury suit after a ticket from the same accident was resolved?
The opinion said no, said Missouri could not waive the conflict, and said resigning as prosecutor at that point would not let the lawyer remain.
Could a sole remaining lawyer keep a firm name shared with a deceased and departed lawyer?
The opinion said yes to retaining the stated firm name while identifying the deceased member as deceased on letterhead.
Could a lawyer join a living-trust company's client-intake and document-review program?
The opinion said the described program violated Rules 4-1.6, 4-1.7(b), 4-5.3, 4-5.4, 4-5.5, 4-7.3(b), and 4-8.4(a).
Could a prosecutor dismiss a criminal nonsupport charge in exchange for back child-support payment?
The opinion said no, finding a conflict between the State's criminal-case interests and the child-support Division's civil-case interests under Section 454.513, RSMo Supp. 1993.
When could one lawyer represent both a driver and passenger after an accident, and what if consent failed?
The opinion required a no-adverse-effect assessment and each client's informed affirmative consent; if either refused, the lawyer had to leave both unless both agreed to continued representation of…
How did the opinion treat a lawyer in one firm serving as of counsel to another sharing office space?
The opinion required both firm connections on each firm's letterhead and public communications under Rule 4-7.1 and treated the two firms as one for conflicts.
Could a city prosecutor defend an out-of-city felony case involving no city officers?
The opinion said yes on the facts that the offense occurred outside the city and no city law-enforcement officers were involved.
Could a dissolution lawyer draft the unrepresented spouse's answer or waiver?
The opinion found both proposed drafting arrangements violated Rules 4-4.3 and 4-1.7 because they involved advice to the unrepresented spouse and, in the second scenario, assistance toward…
Could a lawyer convert a sole practice to a professional corporation but omit P.C. from letterhead and advertising?
The opinion said using the lawyer's name without P.C. on letterhead and advertising after conversion would violate Rules 4-7.1 and 4-7.5(f), in light of section 356.071, RSMo Supp. 1993.
Could a lawyer proceed with a necessary deposition after learning the third party threatened suicide if deposed?
The opinion required a full discussion with the client of legal and practical ramifications, including effects on the case and client, and said proceeding afterward would not violate the Rules of…
What must a defense lawyer do if subpoenaed about a client's exculpatory statement for another defendant?
The opinion required the lawyer to assert Rule 4-1.6 confidentiality and fully present it to the court; after doing so, the lawyer could comply with a court order without violating that rule.
Which civil matters could a new prosecutor handle, and would occasional co-counsel disqualify a defense lawyer?
The opinion allowed civil matters untouched by the prosecutor's office and said occasional case-specific co-counsel in separate offices would not disqualify the other lawyer; an ongoing relationship…
Could a lawyer change her personal name after marriage while continuing to practice under her prior name?
The opinion said continued use of the prior professional name would not violate the rules if it was consistent across the practice and matched the name on file with the identified Missouri authorities.
Could a lawyer withdraw after repeated discharge and return over a settlement-value disagreement?
The opinion said the lawyer could withdraw only while complying with Rule 4-1.16(d), including its restriction when withdrawal would materially adversely affect the client's interests.
Did a lay company's trust-and-will sales program, with an attorney opinion letter, violate ethics rules?
The opinion classified the lay company's and contractor's acts as unauthorized practice, said the lawyer assisted it, and also found violations of Rules 4-5.4 and 4-7.3(b).
Could a lawyer's name appear in a professional corporation's firm name if the lawyer held nonvoting or preferred stock?
The opinion said neither nonvoting common stock nor preferred stock would violate Rule 4-7.5 for inclusion of the lawyer's name in the firm name.
Could a defense lawyer assist a guilty plea if the client would have to tell the court facts the lawyer believed false?
The opinion said Rule 4-3.3 forbade assistance or silence while the client gave false information; if the client insisted, the lawyer had to seek leave to withdraw.
Could a legal services program pay counsel for both spouses seeking dissolution after collecting each applicant's information?
The opinion identified Rules 4-1.7 and 4-1.8(f) conflicts and confidentiality problems, required a specific plan before giving an opinion, and said the program could not retain financial control.
Could a lawyer enroll clients in a credit card program used only to pay legal fees?
The opinion said Rule 4-1.7(b) conflict concerns could be addressed with full disclosure and written client consent, including financing terms, interest rate, and the lawyer's financial benefit.
Could a title company's nonlawyer staff draft easement deeds from forms?
The opinion classified that drafting as unauthorized practice of law and said a lawyer assisting it would violate Rule 4-5.5.
Could a hearing officer preside when a close in-law regularly appeared as a party?
The opinion allowed the hearing officer to preside after full disclosure of the relationship and consent of all parties, while declining to interpret the Code of Judicial Conduct.
Could a lawyer report a Medicaid client's injury settlement after the client withdrew consent and discharged the lawyer?
The opinion said reporting without client consent would violate Rule 4-1.6; the lawyer should counsel the client about statutory duties and, if consent remained withheld, stay silent and withdraw…
Could bank counsel mention possible criminal liability in a collateral demand and tell a debtor about federal reporting?
The opinion allowed the criminal-consequence statement with a good-faith basis and no actual prosecution threat; it allowed notice of required federal reporting unless law prohibited it.
Could a lawyer and planner refer clients to each other without fees, and distribute cards and pens through Welcome Wagon?
The opinion barred an exclusive reciprocal referral agreement under Rules 4-7.2(c) and 4-7.3(b), allowed nonobligatory willingness to accept referrals, and allowed general distribution of cards and pens.
Could a departing lawyer tell former-firm clients their choices and discuss remaining lawyers' experience?
The opinion allowed notice of the clients' choices and substantiated factual answers about qualifications, while applying Rule 4-7.1(d) to comments on remaining lawyers' experience.
Could corporate counsel join the client corporation's board and remain its lawyer?
The opinion identified a conflict, referred to Rule 4-1.8(a)'s steps for a business relationship, and warned of additional conflict opportunities under Rule 4-1.7(b).
Could a lawyer alert mental-health personnel about a former client's apparent danger?
The opinion said Rule 4-1.6 confidentiality still applied, but subsection (b)(1) allowed disclosure reasonably believed necessary to prevent a criminal act likely to cause imminent death or…
Could defense counsel seek withdrawal when a client refused to cooperate or disappeared after missing court?
The opinion allowed a motion to withdraw in either scenario but said the court retained authority to deny that motion.
Does Rule 4-4.2 apply to ex parte contact in FELA cases?
The opinion said Rule 4-4.2 applies, including its authorized-by-law exception, and directed interpretation of FELA's application to particular facts to court decisions.
Could a prosecutor privately represent an accident plaintiff against a defendant the prosecutor convicted of DWI in that accident?
The opinion found a Rule 1.7(b) conflict and said consent was unavailable because the state was one of the prosecutor's clients.
Would a lawyer be disciplined merely for filing a personal bankruptcy petition?
The opinion said personal bankruptcy alone was not grounds for discipline; fraudulent or dishonest conduct could independently be grounds for discipline.
Could a will drafter discuss a deceased client's competency or open the file to heirs in a will contest?
The opinion said Rule 1.6 confidentiality survived death, rejected disclosure by interested-party consent alone, and limited court-ordered disclosure to information specifically covered by the order.
When could a firm represent a driver and employer, or an employer and employee on unrelated matters?
The opinion allowed driver-employer joint representation after full disclosure and separate consent, with withdrawal if conflict arose; it required consent for concurrent employer-employee adversity…
Could a dissolution lawyer withdraw before filing if the retainer and filing fee were returned?
The opinion answered yes to withdrawal on the stated facts that no case had been filed and both the retainer and filing fee would be returned.
Could a law firm office manager operate a separate support-staff placement business from the firm's office?
The opinion found no rules violation in the proposed arrangement, provided law firm records remained confidential and signs reflected that the businesses were separate.
Could a former defense lawyer represent the theft victim's employer in a related suit against a third person?
The opinion required the former client's consent after full disclosure and said the lawyer would have to withdraw if the former client was later brought in as a defendant.
To whom did insurer-appointed counsel owe candor and confidentiality?
The opinion said counsel owed those duties to both the insured and insurer unless each separately consented after full disclosure to a limitation; irreconcilable conflicts could require withdrawal…
What did Missouri's original Opinion 940005 say about a lawyer being partner in two firms?
The original opinion found a violation because the lawyer would face both firms' conflicts and clients would not know all of the other firm's conflicts; later Opinion 940075 reconsidered and…
Could a lawyer work on trusts and wills through a financial adviser's firm or take its referrals?
The opinion raised or found unauthorized-practice concerns for the adviser's document and legal-department plans, but allowed bare referrals without a separate relationship or anything of value exchanged.
What could accident counsel do after possible driver fault created a conflict with passengers, including minors?
The opinion allowed complete withdrawal, or withdrawal from the passengers while continuing for the driver if the passengers waived the conflict; the minors' next friend could waive for them.
Could a lawyer represent a plaintiff against two defendants when one was the lawyer's distant relative?
The opinion allowed the representation if the lawyer fully disclosed the relationship to the client in writing and obtained the client's written consent.
Could a lawyer represent a husband after declining to discuss his wife's earlier divorce inquiry?
The opinion said yes if the lawyer had obtained no information from the wife that would be confidential under Rule 1.6.
Could a defense lawyer continue a city-offense case after becoming city attorney?
The opinion found a conflict if city-attorney duties involved prosecution or police advice; resignation could cure it only if no related city-role confidences were obtained and the criminal client…
Could a lawyer share profits with a nonlawyer from a separate corporation selling legal-topic videos?
The opinion said general-public legal-topic audio or video production was not law practice, so the proposed profit split would not violate Rule 4-5.4.
Could a lawyer call or approach prospective clients in person to offer different fee arrangements?
The opinion said no: Rule 4-7.3(b)'s three narrow personal-solicitation exceptions did not cover those prospects, so the direct contact would violate the rule.
Could an estate-planning agent cure a confidentiality problem by collecting a client's waiver before taking information?
The opinion said no: a lawyer should explain the consequences before encouraging waiver, and having the agent obtain it without the lawyer present would further unauthorized practice.
Could an insurance agent collect estate-planning information and deliver and help execute a lawyer's documents?
The opinion identified apparent in-person solicitation, unauthorized practice by the agent and lawyer assistance, and confidentiality problems from delivering documents through an unsupervised agent.
Could a law firm partnership reorganize as a limited liability company under the then-pending rule changes?
The opinion said yes, after changes to Rules 4-5.4 and 4-9.1 took effect on January 1, 1994.
Could an unlicensed out-of-state lawyer prepare Missouri clients' estate documents through a Missouri lawyer, and could lawyers join general seminars?
The opinion found unauthorized Missouri practice by the out-of-state lawyer and prohibited the Missouri lawyer's assistance, but allowed seminar participation if no specific legal advice was given.
Could a lawyer pay a marketing firm a monthly fee plus an amount for each inquiry call?
The opinion found no violation where the per-call fee applied regardless of whether legal business resulted, provided there was no direct personal or telephone solicitation.
How did this historical opinion assess contact with an unrepresented former employee or independent contractor of a represented corporation?
The opinion applied the then-current Rule 4.2 function test to former employees and contractors; an official note warns that Rule 4-4.2 and its former-employee comments have changed substantially…
Could a lawyer jointly represent a boat driver and passengers after learning the driver had been drinking?
The opinion found a Rule 1.7(a) conflict and said it could not be waived under Rule 1.7(a)(1).
Browse Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri opinions by topic
Legal ethics opinions from the Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.