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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May a Missouri lawyer pay an agreed fee share after the other lawyer is disbarred before settlement?
Yes, if the share pays for work the other lawyer performed while licensed to practice in Missouri. The opinion permits payment after disbarment despite citing the fee-division and…
May a lawyer receive a percentage referral fee from a law-related services company for sending clients to it?
The opinion treats the proposed fee as a personal-interest conflict and a business transaction with the client. A referral during representation requires satisfaction of Rule 4-1.7(b), full…
May a lawyer sign a benefit plan subrogation agreement that restricts disbursement of the client’s recovery?
The opinion requires the client’s informed consent before signing because the agreement bars any disbursement until the plan’s claims are satisfied. If the client later disputes the plan’s claim,…
May a lawyer repeat former-client information as an expert witness because similar testimony is already public?
No public-record exception is identified. The opinion says former-client representation information stays confidential even when public and may be disclosed only under a valid Rule 4-1.6 exception,…
May a workers’ compensation lawyer plead the maximum weekly wage before learning the claimant’s actual wage?
The opinion does not give a categorical yes or no. It requires a nonfrivolous basis in fact and law for the claim form and compliance with the rule against knowingly false tribunal statements,…
Where may a lawyer direct credit-card payments of advance fees when the processor also makes debits?
The opinion rejects even temporary deposit of advances into an operating account. It permits routing advances to trust and earned fees to operating, with chargebacks taken only from operating; it…
May a lawyer who is likely to be a necessary witness act as trial advocate or join arguments with the judge?
Absent one of Rule 4-3.7’s three exceptions, the opinion bars the necessary witness from trial advocacy, including arguments and conferences with the judge. It says the rule does not itself bar the…
May a Missouri lawyer file and collect an attorney’s lien for unpaid fees after withdrawal?
The opinion requires reasonable fees and bars unfounded or legally invalid liens, while allowing a lien authorized by law. It leaves the lien’s legal validity and filing procedure to statute and…
May counsel for a three-member LLC tell one member confidential information over the majority’s objection?
The opinion treats the LLC as the client. If majority action is required for the LLC, counsel may disclose protected information to one member only when the majority instructs it or the disclosure…
May a lawyer reveal former-client information to establish the lawyer’s claim in the former client’s bankruptcy?
Rule 4-1.6(b)(3) permits disclosure to establish the lawyer’s claim, including proof of services in a fee action when fees are owed. The opinion limits disclosure to what the lawyer reasonably…
May opposing counsel contact unrepresented former managers of a represented company without its lawyer’s consent?
The opinion says Rule 4-4.2 does not prohibit contact if counsel does not know the former managers are represented. Counsel must identify their role and ask about representation; represented…
May a lawyer reveal former-client information to prove the lawyer’s own claim against that client?
Rule 4-1.6(b)(3) permits only disclosure necessary to establish the claim, no greater than needed to serve that purpose, with appropriate safeguards under Comment [12].
May a lawyer serve as both of counsel to a law firm and general counsel to a bank?
Yes. The opinion permits both roles if the lawyer discloses the relationship with each organization everywhere the lawyer is held out to the public, under Rules 4-7.1 and 4-7.5.
Do Missouri ethics rules require a disclaimer on emails to clients warning that email may be insecure?
No. The opinion says no such disclaimer is required, while Rule 4-1.6 still calls for reasonable precautions against unintended interception and may require special security for sensitive…
May a lawyer continue a client’s appeal while that client has sued the lawyer for negligence in a related matter?
The opinion permits the appeal representation despite the lawyer’s personal-interest conflict if the clients give informed consent under Rule 4-1.0(e), are advised to consult independent counsel,…
May a lawyer serving as a Chapter 13 trustee contact a represented debtor without the debtor lawyer’s consent?
The opinion distinguishes purely administrative trustee contact from adverse litigation activity. A trustee filing potentially adverse motions is representing a client under Rule 4-4.2 and needs…
May a lawyer stop work or refuse client-requested depositions because the client has not reimbursed earlier deposition expenses?
The opinion requires consultation about additional depositions and forbids simply stopping work until reimbursement. If expenses agreed in the fee arrangement remain unpaid, the lawyer may withdraw…
May a client pay a retired former employee for fact-witness preparation and testimony in arbitration?
The opinion says counsel may advise the proposed consulting agreement without violating Rule 4-3.4(b), unless law prohibits it. Preparation and testimony time may be compensated at a reasonable rate…
May an estate-planning lawyer represent the public administrator appointed for a former client?
Yes on the stated facts. The opinion says Rule 4-1.9 does not bar representation because the administrator’s interests are not materially adverse to the former estate-planning client.
May a former guardian ad litem represent grandparents in a later termination and adoption case involving the same family?
Only if all parties to the proceeding give informed consent confirmed in writing. The opinion treats the lawyer’s former guardian ad litem role as service as a third-party neutral under Rule 4-1.12.
Must a lawyer self-report a client’s allegation of misconduct against that lawyer?
No. The opinion says Rule 4-8.3 does not require a lawyer to self-report either a violation of the Rules of Professional Conduct or an allegation that the lawyer violated them.
May a lawyer discuss litigation with the lawyer’s represented parents when their counsel does not consent and the lawyer seeks to intervene?
No. The opinion applies Rule 4-4.2 to the lawyer’s proposed communication about the litigation with the represented parents; the lawyer’s prospective role as a party does not remove that prohibition.
May a lawyer jointly own professional-corporation law firm stock with a nonlawyer spouse or name the spouse as a death beneficiary?
The opinion bars joint or separate stock ownership by the nonlawyer spouse under Rule 4-5.4. It declines to decide whether a transfer-on-death beneficiary designation is legally permissible.
When may a closing law firm distribute a remaining trust-account balance to former partners?
The opinion permits distribution to the appropriate lawyers only if the balance is earned fees and supporting documentation exists. Otherwise, the funds remain in trust and are relinquished under…
May a Missouri lawyer call an advance flat fee nonrefundable and treat it as earned when received?
No. The opinion says fee labels do not override reasonableness and refund duties: unearned advance fees must be refunded, and under the rule then in effect flat fees had to enter trust and be…
May a lawyer keep personal funds in an IOLTA account to maintain the bank’s minimum balance?
No. The opinion permits the lawyer’s own funds in the trust account only to the extent needed to pay bank service charges; it rejects maintaining a separate minimum balance.
May a lawyer who mediated a dissolution prepare modification documents for both parties?
No. After mediation, the lawyer may participate in the proceeding only with all parties’ informed written consent, and even then may represent only one party. The opinion also bars joint…
May a lawyer reveal the contents of a deceased client’s missing will while representing an heir?
The opinion bars disclosure of information other than an actual will that the lawyer considers valid without a court order issued after the Rule 4-1.6 confidentiality issue has been fully presented.
May a lawyer pay a nonlawyer landlord rent calculated as a percentage of the lawyer’s gross receipts?
No. The opinion treats rent based on a percentage of gross receipts as improper fee sharing with a nonlawyer under Rule 4-5.4.
May a lawyer pay a disbarred lawyer from a contingent fee for work done before disbarment?
Yes. The opinion permits payment for work the disbarred lawyer performed while licensed, even when payment occurs after disbarment.
May a Missouri law firm destroy a paper client file after creating a complete electronic copy without client consent?
Yes, after addressing long-term integrity and access, but not for intrinsically valuable items or originals with legal significance. The client must receive an accessible copy on request.
May Missouri defense counsel advise a client to waive ineffective-assistance claims, or may a prosecutor demand that waiver?
No. Defense counsel's personal interest created a nonwaivable conflict, and a prosecutor could not seek waiver of claims based on ineffective assistance or prosecutorial misconduct.
May a lawyer charge an additional fee for substantial work resolving health-insurer subrogation claims in a contingent-fee tort case?
The opinion permits an additional fee reasonably related to substantial subrogation work if it is clearly communicated to the client and the actual fee is reasonable.
Could a lawyer contact prospective clients on Twitter or respond to a request there for a lawyer recommendation?
The opinion treats that direct contact as prohibited solicitation under Rule 4-7.3(b). It says the rule then permitted written solicitations only by regular mail and required a paragraph longer than…
May defense counsel send a social-network friend request to a represented plaintiff to view the plaintiff’s posts?
No. The opinion treats a Facebook or MySpace friend request as a communication under Rule 4-4.2 and bars sending it directly to the represented plaintiff.
May a Missouri lawyer indemnify an opposing party for the lawyer's client's third-party debts as a settlement term?
No. A guarantee from the lawyer's own funds was prohibited financial assistance, and opposing counsel could not request a settlement term requiring another lawyer to violate that rule.
May Missouri lawyers use collaborative-law agreements requiring new counsel if settlement fails?
Yes, with the client's signed informed consent after a thorough explanation of the process and alternatives. An actual personal-interest conflict could still require withdrawal.
Must a criminal-defense lawyer continue representation when the client fires the lawyer but the judge denies withdrawal?
Yes. The opinion applies Rule 4-1.16(c): the lawyer must continue when the tribunal orders it, unless the specified limited-appearance termination notice applies, or seek review of the judge’s decision.
Does Rule 4-7.3 apply when a lawyer writes an unrepresented business to advise that it has been sued?
Yes. The opinion applies Rule 4-7.3 to businesses as well as individuals when a lawyer who does not represent the recipient writes to advise of a filed suit.
May a lawyer use an opposing company’s potentially privileged email that was inadvertently produced in discovery?
If the lawyer knows or reasonably should know production was inadvertent, the opinion requires prompt notice to the sender and a reasonable opportunity to seek court relief before use. If no relief…
May a lawyer release a deceased client’s file to relatives seeking information about a property deed?
The opinion treats the file as confidential and permits disclosure only with a court order, unless the deceased client had given express or implied consent.
May a lawyer send closed client files to an outside scanning vendor without each client’s express permission?
Yes, under the opinion, without express client permission if the lawyer ensures confidentiality while the vendor holds the files; it identifies a confidentiality agreement as essential.
Which advertising rules apply when a firm mails an introduction and résumé to clients, former clients, and prospects?
The opinion says Rule 4-7.3 does not apply to letters to current or former clients. For other recipients, a known need for the offered service triggers Rule 4-7.3; a general business-based mailing…
May a firm send a newsletter to clients and prospects who have no known specific need for its services?
Yes, under the opinion’s stated conditions. The newsletter need not comply with Rule 4-7.3 when recipients include clients and others with no known specific need, but it must comply with Rules…
Could a Missouri nonprofit domestic-violence shelter employ a lawyer to represent shelter clients for free?
Yes, when the nonprofit served only as a funding conduit, received no fee or benefit, exercised no control, and preserved a direct, confidential relationship between the lawyer and each client.
May a Missouri lawyer secretly record a conversation with a nonclient when the lawyer is a participant?
Yes, absent illegality, a statement or implication that no recording was occurring, or a current-client conversation. Current clients had to receive general or specific notice.
May a Missouri settlement require a party to withdraw, withhold, or stop cooperating with a lawyer-discipline complaint?
No. Entering or attempting such a settlement prejudiced the administration of justice. The parties could resolve their private dispute and report that resolution, but could not suppress disciplinary…
May a lawyer who defended both spouses in a collection case later represent the husband against the former wife over that debt?
The opinion says the prior collection matter is substantially related under Rule 4-1.9(a), so a conflict would likely exist in the proposed contempt representation.
What does the opinion say when a former firm keeps a departed lawyer’s photo and biography on its website?
The opinion recommends raising Rule 4-7.1 with the firm and documenting removal requests. If the firm neither removes the material within a reasonable time nor reasonably explains the delay, it says…
May a lawyer offer discounted estate planning if a client leaves part of the estate to a nonprofit?
Yes. The opinion permits the discount if the lawyer fully discloses the lawyer’s relationship with the nonprofit and provides objective advice about the client’s options and their effects.
May an unsupervised nonlawyer prepare and settle insurance claims for a lawyer and be paid according to the recovery?
No. The opinion says Rule 4-5.3 bars the unsupervised arrangement and Rule 4-5.4 bars compensation based on the recovery as fee sharing with a nonlawyer.
May a single-member LLC or S corporation appear before an administrative tribunal through a nonlawyer owner?
The opinion says the entity cannot appear through a nonlawyer where the conduct is the practice of law and no specific statute or rule authorizes it. It also says not every administrative-tribunal…
Must a firm tell materially represented clients that they may continue with a departing associate?
Yes, if the associate can actually continue representing them. The opinion says departure procedures do not depend on whether the lawyer was a partner, associate, or of counsel, and notice goes to…
May a lawyer tell trust beneficiaries about suspected misappropriation by the trustee client?
The opinion bars disclosure to other beneficiaries without the trustee client’s consent. It permits withdrawal and says withdrawal is required if continued representation would assist conduct the…
Must a law firm website carry the lawyer-choice statement required by Rule 4-7.2(f)?
The opinion says websites are advertising and Rule 4-7.2(f) applies, unless the website is limited to the basic information listed in Rule 4-7.2(g).
May a lawyer produce a deceased client's files and testimony in response to a subpoena without a court order addressing confidentiality?
No. The opinion permits disclosure only under a court order after confidentiality is fully presented, and says the order should be as specific and limited as possible.
May a lawyer represent a husband in a post-divorce modification when the lawyer's current partner represented the wife in the divorce?
Only if the wife consents. The opinion imputes the partner's Rule 4-1.9(a) conflict under Rule 4-1.10(a) and says screening does not remove it.
May a law firm use an outside answering service for client and prospective-client calls?
Yes, if the lawyer takes sufficient steps to protect client information. The opinion specifies a confidentiality agreement covering staff notice and company liability for breaches.
May a lawyer contact a former client who threatens a bar complaint and keep a supposedly nonrefundable retainer?
The opinion permits direct contact unless the former client has counsel in the matter. It also says Missouri has no nonrefundable fees and the lawyer may retain only an earned fee.
When must counsel report an opponent who previously represented the current client in a related licensing matter?
The opinion makes reporting depend on the disqualification findings and counsel’s belief about the opponent’s good faith. If disqualification occurs and counsel believes the opponent lacked a…
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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.