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 criminal-defense lawyer secure fees with a deed of trust on the client’s parents’ property?
The opinion permits it only with close compliance with Rule 4-1.8(a) and, because the security comes from third parties, Rule 4-1.8(f). It cautions that a lawyer selected and initially paid by…
May a lawyer refer a client to another lawyer to revise a will that would leave the referring lawyer a substantial gift?
The opinion says the described referral and independent revision arrangement would not violate the Rules of Professional Conduct.
Does screening remove a firm conflict after it hires an associate who worked on an opposing party’s current custody case?
No. The opinion says the new associate’s prior work creates a conflict imputed to the hiring firm under Rule 4-1.10. Screening may help obtain consent but does not eliminate the conflict; the firm…
May a lawyer represent a father in paternity and a grandparent in a related visitation matter?
Yes, while their interests are not adverse. The opinion says materially adverse interests may require withdrawal from both representations.
May a lawyer turn a deceased client’s file over to the estate’s personal representative or the representative’s lawyer?
The opinion bars disclosure without a court order after confidentiality is fully presented, unless the client gave express consent. It excepts an actual will the lawyer considers valid and a recorded deed.
May a lawyer sue a client for unpaid legal fees and disclose representation information to establish the claim?
Yes. The opinion permits a fee-collection suit and allows disclosure of information obtained during the representation only to the extent reasonably necessary to establish the claim under Rule 4-1.6(b)(2).
Can a Missouri governmental entity waive a conflict for contract counsel representing a client adverse to another part of the same government?
The opinion says a governmental entity may waive such a conflict, but the legal question of who can authorize the waiver is outside the opinion’s scope. Without waiver, it treats adversity to any…
Must a lawyer keep copies after returning the original file to a client?
The opinion says the lawyer need not keep file copies after return or consented disposal, but must keep records of funds and other property for five years under the then-current Rule 4-1.15(a).
May a lawyer who represented a stepfather in divorce later represent a paternity claimant seeking visitation with the stepchildren?
Only if the stepfather consents. The opinion finds the divorce and paternity facts substantially related under Rule 4-1.9(a), even though the divorce decree did not decide custody.
May a lawyer who represented the wife in a dismissed dissolution case later represent the husband in a new dissolution?
Only if the wife consents. The opinion applies Rule 4-1.9(a) to the lawyer’s former representation of her despite dismissal of the first case.
Could a lawyer pay a qualified bar referral service ten percent under the rule discussed in this 2004 opinion?
Yes. The opinion considers the ten-percent fee reasonable under then-current Rule 4-10.1(e) and permits participation and payment.
Can the parties in a will contest waive a deceased client’s confidentiality so the drafting lawyer can testify?
No. The opinion says the litigants lack standing to waive confidentiality. The lawyer may disclose the information under a limited and specific court order after confidentiality is fully presented.
Does the opinion decide whether lawyers may pass withheld Social Security fees to a nonlawyer-owned claims company?
No. The opinion identifies a possible unauthorized-practice issue and refers the lawyer to two Missouri cases; it does not decide the proposed fee transfer.
May a lawyer who witnessed an accident advocate for the plaintiff in the resulting trial?
The opinion permits trial advocacy if the lawyer does not expect to be a necessary witness. If testimony becomes necessary, the judge decides whether the hardship exception applies; inconsistent…
May a lawyer give a family member a copy of a deceased client’s will when it has not been filed in probate?
The opinion permits a copy after evidence of death if the lawyer has no reason to think the will was revoked and the recipient intends to bring it to the probate court. It bars disclosure of other…
May a title company refer document-drafting customers to a lawyer it employs in a nonlawyer role?
The opinion says direct referrals to that lawyer would be prohibited in-person solicitation under Rule 4-7.3(b). The company may give several lawyer names, and the lawyer may separately take the…
Must a prosecutor report information that another lawyer committed crimes before conviction?
Yes. The opinion requires a report to OCDC under Rule 4-8.3(a), and a report of the ultimate outcome if OCDC requests it under former Rule 4-8.1(b).
Must a lawyer withdraw from defending a father against a former client in an unrelated child-support case?
No. Under Rule 4-1.9, the opinion says the lawyer need not voluntarily decline or withdraw, but must tell the father about the possible time and expense of a disqualification challenge.
What work may an Illinois-licensed lawyer do from a Missouri office while awaiting Missouri admission?
The opinion bars conduct constituting law practice while physically in Missouri, but allows nonpractice business for Illinois, properly described law-clerk or paralegal work, and letterhead…
May a lawyer mail elder-law workshop invitations based on age and geography without the solicitation disclaimer?
Yes, if the lawyer screens out recipients known to need the services; alternatively, including the Rule 4-7.3 advertising disclaimer removes the need for that screening.
Does a lawyer’s personal and professional relationship with the opponent’s expert bar representation of a malpractice defendant?
A conflict exists if the relationship materially limits representation under former Rule 4-1.7(b). The relationship must be disclosed and discussed with the client even if the lawyer believes there…
May a parent’s lawyer discuss a custody matter with a child who has a guardian ad litem?
The opinion generally treats an attorney GAL as the child’s lawyer and bars discussing the matter with the child under Rule 4-4.2, while allowing the lawyer to be in the child’s presence.
How should a Missouri firm list a Florida lawyer who has not yet obtained Missouri licensure?
The opinion says to list the Florida lawyer as a nonlawyer in Missouri absent temporary licensure. With a temporary license the lawyer may be listed as licensed, but the listing must be corrected if…
May a lawyer add a certification body and its accreditation to a telephone-directory advertisement?
Yes, if the Rule 4-7.4 disclaimer remains and the added certification language is no larger or more conspicuous than that disclaimer.
May a lawyer mention military service in a Yellow Pages advertisement?
Yes. The opinion permits information about military service if it is truthful and not misleading.
May a firm seek withdrawal after its litigators leave and it cannot adequately handle a remanded case?
The opinion permits seeking withdrawal if it will not materially harm the client, but the court decides. If leave is denied, Rule 4-1.16(c) requires the firm to stay and represent the client.
Can pleadings sent as courtesy copies during representation count as part of the file later owed to the client?
Yes, if the lawyer explained that process before sending them and provided originals or obtained agreement that copies suffice. Otherwise the lawyer must provide the file and pay for copies retained…
May a lawyer disclose client information to defend a lawsuit concerning that representation when the lawyer is personally named?
Yes. The opinion permits disclosure only to the extent necessary for the lawyer's defense.
What may a lawyer do when a personal-injury client cannot be found as litigation progresses?
The opinion permits settlement if the client previously authorized specific terms. Otherwise, it says the lawyer could try the case without the client or continue reasonable efforts to locate the client.
May a lawyer who occasionally serves as a municipal special prosecutor defend other municipal cases?
Yes, if appointments are case by case and the lawyer has no ongoing city relationship beyond possible future appointments. The opinion bars a contract or ongoing relationship for this arrangement.
May a mass-tort firm borrow litigation funds on a nonrecourse loan repaid only if cases succeed?
The opinion generally permits third-party borrowing for litigation, but rejects repayment tied to lawsuit outcomes and identifies champerty and maintenance concerns.
May a firm hire a contract lawyer formerly at opposing counsel's firm when the lawyer did no work on the current case?
Yes, case by case. The opinion says the lawyer should access confidential information only for assigned cases and have no contact with the current opposing-firm case.
May a lawyer refer legal clients to a separate investment or insurance business the lawyer owns?
Yes, with clear separation of the businesses, full disclosure of the lawyer’s interest and client alternatives, and written disclosure and consent under Rule 4-1.8(a).
May a lawyer give an unfinished trust draft and planning records to a deceased client’s family lawyer?
Generally no without a court order after confidentiality is fully presented. The opinion excepts documents clearly needed to carry out the decedent’s intent, such as an executed will, absent express…
May a lawyer withhold court transcripts paid for personally until the former client reimburses the expense?
Yes. The opinion applies Formal Opinion 115, as amended, to permit retaining items the lawyer paid for out of pocket until reimbursed, while Rule 4-1.16 otherwise requires return of client property.
Does hiring a lawyer from opposing counsel’s firm disqualify the new firm if the lawyer did not work on the case?
The opinion makes disqualification depend on whether the lawyer acquired material protected information at the former firm. If so, the conflict is imputed unless both clients consent; screening…
May successor counsel use a contingent fee rather than an hourly fee in a personal-injury matter?
Yes, if the fee and the total charged to the client are reasonable, accounting for the prior lawyer’s reasonable fee. The opinion leaves court authority over fee division intact.
May a lawyer-mediator place prepaid, unearned mediation fees in a lawyer trust or IOLTA account?
Yes. The opinion permits prepaid mediation fees in the lawyer’s trust account, including IOLTA, under the former Rule 4-1.15 framework identified by its reference notes.
May a lawyer name a large firm's practice group on a business card?
Yes, if the card's layout does not suggest that the group is separate from the firm.
May lawyers advertise under their own names without identifying the firm where they practice?
The opinion says a lawyer with a sole practice in one firm may not advertise under another name without referencing that firm. Lawyers in two firms must cross-reference both publicly, and both firms…
May a litigation firm describe its lawyers as 'trial lawyers' on letterhead?
Yes. The opinion permits the phrase, but requires the Rule 4-7.4 disclaimer if the letterhead states or implies specialization or certification.
May appointed federal trial counsel take a private engagement for a sentence-reduction motion after the appointment ends?
Yes. On the stated facts, the opinion permits a separate private contract after the appointed representation ended at the notice-of-appeal deadline.
May a lawyer deliver an original and photocopied second will of a deceased client to probate court?
Yes. The opinion permits delivery under section 473.043.1, while also describing notice to the court and a confidentiality ruling before disclosure as a more cautious option.
Can a client-lawyer relationship begin during free advice at a charity without a fee or engagement letter?
Yes, depending on the facts. The opinion says representation generally starts when the lawyer gathers information to give legal advice or advocacy; express hiring and payment are not required.
Must a contingent-fee client repay advanced costs if the lawyer stops pursuing the claim without recovery?
No repayment is required by the opinion. Rule 4-1.8(e)(1) permits advancing costs and making reimbursement depend on the outcome; if no settlement or judgment results, the lawyer need not require payment.
May an estate-planning lawyer separately sell financial-planning services and products to legal clients?
Yes, with written disclosure of confidentiality differences, compensation, independent-counsel and other-provider options, and written client consent under Rule 4-1.8(a). The opinion bars referrals…
May a departing lawyer and former firm split a contingent fee equally on a client matter?
Yes, if they satisfy Rule 4-1.5(e). Because the proposed split is not proportional to services, both must assume joint responsibility by written agreement with the client.
May a law firm defend insured clients for an insurer at a flat fee regardless of case complexity?
The flat fee alone does not violate Rule 4-1.8(f). The opinion requires client consent, independent judgment, confidentiality, and the same level of representation; any actual conflict may require…
Must a lawyer produce a deceased client's undistributed power of attorney under a subpoena?
Only if the client consented while alive in a way covering the request, or a court orders disclosure after confidentiality is fully presented. The opinion calls for any court order to be specific…
May a lawyer post a consenting client’s testimonial on the firm website?
Generally yes. The opinion permits a client testimonial if the statements comply with Rules 4-7.1 through 4-7.5.
May a lawyer testify about a deceased client’s trust planning in a later trust dispute?
Only if a court orders disclosure after confidentiality is fully presented; the opinion says to seek a specific, limited order.
May a Missouri lawyer have an of-counsel relationship with a lawyer licensed only elsewhere?
Yes. The opinion permits the association but bars the other lawyer from practicing law while in Missouri unless appearing under Missouri Supreme Court Rule 9.03.
May a county prosecutor also serve as a municipal prosecutor in the same county?
Generally yes. The opinion finds no automatic conflict, but says case-specific conflicts may require a special prosecutor and a generalized conflict would require resignation from one office.
May a lawyer charge a separate or contingent fee to collect medical-payments insurance coverage?
The opinion permits a fee reasonably tied to substantial collection effort, including a contingent fee in some cases, and says the actual fee must be reasonable.
What must defense counsel do when the client seeks a prosecutor’s disqualification based on alleged drug-purchase facts?
If counsel believes the facts support removal, the opinion requires action to remove the prosecutor. It permits asking for voluntary withdrawal or moving to disqualify; if counsel will do neither…
May a firm use an anniversary logo reflecting a predecessor’s age on its letterhead?
Yes, if surrounding information makes clear that the current firm itself has not existed for all those years and instead follows a direct line of succession.
May a firm disclose hostile letters from a rejected potential client to authorities?
The opinion permits disclosure of information received after the firm clearly said it would not represent the person. It does not find a basis on the stated facts to disclose information from the…
Must a lawyer independently notify an uninsured-motorist carrier after discovering possible liability coverage from a hit-and-run driver?
No independent notice duty arises under Supreme Court Rule 4, the opinion says. The lawyer must assess the client’s legal obligations, advise the client, and seek withdrawal if the chosen course…
Could a part-time municipal judge defend a person in another court for conduct inside the municipality?
No, if the conduct could also lead to a municipal charge, according to the opinion.
Should malpractice counsel report another lawyer's liability-limitation agreement with an unrepresented client?
The opinion said to report the described information to OCDC if the current client consented, while declining to decide whether the other lawyer violated a rule.
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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.