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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Could a law student work on prosecution cases and also work for a private criminal defense firm if screened?
The opinion said no to both the dual employment and screening proposal.
Could a lawyer advance a client's housing and living expenses?
The opinion said no under Rule 1.8(e); its reference note flags a later amendment to Rule 4-1.8(e)(3).
Could a lawyer sell a monthly legal service plan through employees or independent contractors paid for marketing?
The opinion allowed the stated plan and marketing arrangements, but barred compensation tied to legal fees paid or billed because Rule 5.4 prohibited splitting fees with a nonlawyer.
Did a lawyer have to withdraw from a personal injury suit against the owners of the building where the lawyer had an office?
The opinion said the Rules did not require voluntary withdrawal on the stated facts.
Could a lawyer list academic degrees and practice areas on letterhead without implying specialization?
The opinion said the proposed letterhead as a whole implied specialization; wording such as 'practice limited to' or 'practice emphasizing' was an alternative to the Rule 7.4 disclaimer.
Could a lawyer list professional and fraternal organization memberships in advertising?
The opinion said yes, while flagging Rule 7.4 and the possibility that the listing could imply specialization.
Could a lawyer write potential business clients about relevant experience and offer an in-person interview?
The opinion answered yes to the proposed letter describing experience in a particular area and offering an interview about qualifications.
Could a lawyer take a contingent fee to collect a final domestic-relations judgment and require irrevocable designation as payee?
The opinion did not prohibit the contingent fee, but said the irrevocable payee assignment implicated Rule 1.8(a) on conflicts of interest.
Could a firm form a lawyer- and nonlawyer-owned corporation that charged people to find a lawyer?
The opinion said the proposed program involved prohibited fee splitting with nonlawyers under Rule 5.4(a).
Could a lawyer represent a father in custody litigation against a woman the lawyer's firm had represented in another child's custody case?
The opinion said no unless the former client gave a knowing and intelligent waiver of the conflict.
Could a firm that represented a mother and one child together defend that child in a later suit brought by the mother?
The opinion said no to the proposed defense after the firm had represented the mother and child together against another child.
Could a successor lawyer share fees with a predecessor expected to be disbarred before the case ended?
The opinion said yes if the predecessor was licensed when the legal services were performed.
What confidentiality duties applied when a child heard will-drafting conferences and a court might order testimony?
The opinion distinguished statutory privilege from Rule 1.6, required the lawyer to assert confidentiality, and allowed court-ordered testimony after the issue was adequately presented.
Could a lawyer keep negotiating a wrongful death settlement after the client died without disclosure?
The opinion said no: the lawyer had to tell opposing counsel and the court of the client's death within a reasonable time and could not actively negotiate before disclosure.
May a law firm list its office manager, paralegals, or legal assistants on its letterhead?
The opinion permits those names on letterhead if the staff members are clearly identified as non-attorneys.
What expenses could a Missouri lawyer advance for a client in pending or contemplated litigation?
The opinion limited advances to court costs and expenses directly related to litigation, such as discovery and expert fees. It excluded living, housing, and personal-debt costs and barred routing…
What did Missouri Formal Opinion 118 require for unused trust funds when a former client could not be located?
The lawyer's safekeeping duty continued. Under the law cited in 1988, funds and interest became abandoned after seven years and had to be reported and paid to the state, less reasonable compliance costs.
Could a Missouri lawyer retain a client's file or property to force payment of fees or expenses?
No. The client owned the file cover to cover, including work product; only items the lawyer paid for out of pocket could be held until reimbursement, after which delivery was immediate.
Could a Missouri lawyer face an additional misconduct charge for failing to cooperate with disciplinary investigators?
Yes. Failing to respond, appear, or produce requested documents was a separate ground for discipline as conduct prejudicial to justice and reflecting adversely on fitness to practice.
What must a Missouri lawyer do when a flood destroys unsalvageable closed client files and items of intrinsic value?
The lawyer must identify the affected files, notify current and former clients, assist them as reasonably practicable, and dispose of ruined material confidentially. Electronic storage is allowed…
How may a Missouri lawyer replace a trust account after someone creates a fraudulent check on it while client checks remain outstanding?
The lawyer may secure the existing account for only authorized outstanding checks or transfer all funds, stop payment, notify clients, and reissue checks. Any approach must protect funds, preserve…
May a Missouri lawyer deposit a check into a trust account by sending a photograph through the bank's website or app?
Yes, if the bank provides reasonable transmission security and the lawyer keeps the detailed deposit and check records required by Rule 4-1.15.
What must a Missouri lawyer do when an assistant sends a client email to the wrong address at the lawyer's direction?
The lawyer must assess what confidential information was exposed, take reasonable remedial action, and disclose enough to the client for informed decisions. The contents may also trigger duties…
May Missouri lawyers form a law firm with a physician as a partner?
No. Rules 4-5.4(b) and (d) prohibit a nonlawyer partner, owner, director, equivalent officer, or controller of professional judgment in a for-profit law practice, although the physician may work as…
Must a Missouri lawyer withdraw when a current client files a disciplinary complaint against the lawyer?
Not automatically. The lawyer must assess whether the personal interest in refuting the complaint materially limits professional judgment; if so, withdrawal is required, but otherwise the…
May a Missouri lawyer submit a publicly filed client motion as a job-application writing sample?
Not without informed consent or effective removal of identifying information. Public filing does not remove Rule 4-1.6 protection; even with consent, the opinion calls for considering redactions,…
May a Missouri lawyer suspended for failing to file returns or pay taxes keep practicing while seeking reinstatement?
No. Even when Rule 5.28 makes a later reinstatement retroactive, the lawyer must follow Rule 5.27 after the suspension order and may not practice while suspended.
What Missouri license status must a retiring lawyer keep to represent family, friends, or pro bono clients?
The opinion requires active Category 1 status to represent family, friends, or pro bono clients. Inactive status permits none of that work; Rule 6.01(o) concerns an enrollment-fee waiver for…
When is former-client information generally known so a Missouri lawyer may use it to impeach the former client?
Public records and open-court disclosure alone are insufficient. The information must be recognizable to the public in the community or the former client's industry; even then it may be used…
What duties do Missouri lawyers have when sending or receiving electronic-document metadata?
A recipient who knows or reasonably should know metadata was sent inadvertently must promptly notify the sender. A sender must use reasonable care against revealing client information, but scrubbing…
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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.