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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What did the opinion require when a lawyer could reach only one of three plaintiffs before trial?
It called for notice attempts to the missing clients, continued contact efforts, and consultation with the reachable plaintiff. Depending on that client's instructions, the lawyer could seek a…
Could defense counsel continue after the former lawyer for the plaintiff joined counsel's firm?
Only with the plaintiff's consent. The opinion applied Rules 4-1.9 and 4-1.10 to the refiled personal-injury case.
Could an out-of-state lawyer who relocated to Missouri appear there pro hac vice while admission was pending?
No. The opinion said Missouri Supreme Court Rule 9.03 applied to visiting lawyers, and a relocated lawyer was not visiting.
Could a firm representing a minor in injury litigation also represent the guardian's husband in divorce?
Only with consent from the mother and husband after full disclosure. The opinion found a firm conflict under Rules 4-1.7 and 4-1.10 because divorce work could harm the firm's relationship with the…
Could opposing counsel directly contact a represented employer’s hourly employees who witnessed alleged misconduct?
Yes on the stated facts. The opinion permitted direct contact with nonmanagerial employees who had not participated in the underlying conversations or termination investigation, while warning that…
Could a lawyer form a partnership with a client to turn the client’s cause of action into an award?
No. The opinion treated the proposed partnership as a lawyer proprietary interest in litigation barred by then-current Rule 4-1.8(j).
Could a firm litigate against a broker formerly represented by a newly joined partner in an unrelated matter?
The opinion said Rule 4-1.9(b) required inquiry into whether the partner learned information usable to the broker’s detriment. If so, the firm had a conflict that the broker, not just the current…
Did a subpoena make a lawyer a necessary witness who could no longer advocate at a change-of-judge hearing?
No automatic disqualification followed. The opinion found the facts did not show the lawyer was necessary; if the lawyer were necessary and testified, Rule 4-3.7 would bar advocacy in that…
Could a professional corporation put a salaried nonshareholder lawyer’s name in its firm name?
No. The opinion said that would imply the lawyer was a shareholder and violate Rules 4-7.1 and 4-7.5(f).
Could a lawyer help a personal-injury client obtain a nonrecourse loan secured by the claim?
The opinion required the lawyer to assess champerty first. If the arrangement was champertous, assistance would violate Rule 4-8.4(d); otherwise, the lawyer had to counsel the client about…
Could a plaintiff's lawyer advance wages clients lost while attending depositions or trial?
No under the former Rule 4-1.8(e) applied by the opinion. The official reference note says the rule changed in 2021 and directs readers to the newer subsection and comments.
Could a lawyer accept shares in a corporate client as payment for legal services?
Yes, subject to Rule 4-1.8(a). The opinion said the lawyer had to discuss potential conflicts and what would happen if they arose, including possible withdrawal.
Could a will-drafting lawyer tell a former client's current lawyer about the former client's mental condition?
The opinion permitted disclosure with the capable client's consent or a guardian's consent if appointed. Without consent from an incapable client, disclosure was barred; an attorney-in-fact's…
Could a county and part-time municipal prosecutor defend municipal cases elsewhere?
The opinion barred municipal defense in the prosecutor’s county. It permitted defense in other counties or municipalities only if officers from the prosecutor’s county or municipality were not…
Could successor counsel share a case fee with a suspended former lawyer?
The opinion permitted fee sharing with the suspended lawyer only for fees that lawyer earned before suspension.
Could a collections firm pay a network three percent of collections for forwarded cases?
The opinion treated the network as a lawyer referral service and said Rule 4-7.2(c) barred payment for referrals unless the service was registered under former Rule 4-10.1.
Did a lawyer have an ethics duty to rectify payment of a doctor's lien signed only by the client?
The opinion declined to judge past conduct but said no corrective action was needed under the conduct rules where the lawyer had made no oral or written promise to protect the doctor. It left any…
Could counsel remain in a traffic case after a client had a friend contact the judge about it?
The opinion said counsel could remain if the client accepted advice to stop that contact. If the client refused, counsel had to withdraw.
Could a county prosecutor prosecute someone who injured a county employee when the county might seek civil subrogation?
Yes. The opinion found no conflict barring the criminal case, but said the prosecutor’s office could not also handle the related civil matter.
Could an engagement letter say the lawyer would stop all work if the client missed payments?
No. The opinion required diligent work under Rule 4-1.3 until withdrawal and allowed seeking withdrawal under Rule 4-1.16(b) only without material adverse effect on the client.
Could a lawyer who witnessed alleged child abuse advocate and testify in the related post-dissolution hearing?
No. The opinion said the necessary-witness lawyer could not advocate at the hearing, but another firm lawyer could; the witness lawyer could still assist on pretrial matters unrelated to testimony…
Could a former public defender prosecute a prior client for unrelated charges?
A conflict existed if the prosecutor had learned nonpublic information usable against the former client. The opinion said late screening would not cure that conflict, but the defendant could consent…
Could a lawyer provide deceased clients’ file information in response to a subpoena without a court order?
The opinion barred disclosure of representation information without a judge’s order after the confidentiality issues were fully presented. It allowed copies of prepared wills or testamentary trusts…
Did a prosecutor’s office need a special prosecutor when an assistant had defended the probationer on the underlying charge?
A complete and effective screen of the former defender, apart from public-record charges, meant the office did not have to request a special prosecutor. Without that screen, the office had to request one.
Could estate counsel give a creditor’s lawyer asset statements from an unresponsive personal representative’s file?
No. The opinion treated the statements as confidential and required a court order after confidentiality was fully presented.
Could a lawyer canvass a neighborhood to tell residents about the lawyer’s private practice?
The opinion barred personal contact by the lawyer or an agent for that purpose. It allowed distribution of written material without personal contact, with inquiries directed to the lawyer’s office.
Could a Missouri firm use “Group” in its name if it eventually had only one lawyer?
The opinion permitted “The X Group, L.C.” for a principal and associate or two principals, but barred use of “group” if the firm consisted of one lawyer.
Could seller’s counsel send contract notices directly to a represented buyer when the agreement required notice to the buyer?
The opinion said counsel should first ask the buyer’s lawyer to accept the documents. If that lawyer did not indicate acceptance, seller’s counsel could send them directly to the buyer.
Could a departing lawyer keep an entire Social Security fee check to offset sums owed by the former firm?
The opinion said the fee disposition was a civil-law matter if the lawyer was honest and forthright with the former employer. The conduct rules did not otherwise decide the offset.
What did the opinion say a lawyer should do about suspected improper solicitation letters to debtors?
If the lawyer believed another lawyer violated Rule 4-7.3, the opinion said to report that lawyer to the office for its independent determination.
Could a lawyer pay fees to a registered lawyer referral service under the rules discussed in this 2000 opinion?
Yes. The opinion said Rule 4-7.2(c) allowed payment of fees to a lawyer referral service registered under then-effective Rule 4-10.1.
What did this 2000 opinion say about client trust funds when former clients could not be located?
While holding the funds, the lawyer had to make reasonable efforts to locate the former clients, with reasonableness depending partly on the amount. After the escheat period, the lawyer could follow…
Could a personal-injury lawyer contact an at-fault driver while negotiating with the driver's insurer?
The opinion barred direct contact if insurer-retained counsel represented the driver, but permitted it if the lawyer knew of no counsel representing the driver.
Did every unsolicited email through a firm's website create a duty to respond or a client relationship?
The opinion gave no blanket answer. It said duties depended on the content and extent of the exchange; an email might create a client relationship or later conflict even if representation was declined.
Could a personal-injury lawyer keep litigating without revealing that a claimant died?
The opinion barred express or implied claims that the client remained alive. It said estate authority would be needed and disclosure likely required for a valid settlement; proceeding with…
May a deceased joint client’s former lawyer give estate planning and asset records to the executor’s lawyer without authorization?
The opinion allowed disclosure of the husband’s will and joint information with the surviving wife’s consent. It barred release of information solely about the husband absent a court order after the…
Could an estate claimant’s lawyer charge a small upfront amount plus a contingent fee?
The opinion said the proposed agreement did not facially violate Rule 4-1.5, provided the overall fee was reasonable under that rule’s factors; actual reasonableness should be reviewed when…
Did a firm’s unrelated representation of a corporate officer more than 20 years earlier require withdrawal from a suit against the corporation?
On the stated facts, the opinion said the lawyer need not voluntarily withdraw. It reserved a judge’s authority on a disqualification motion and independent investigation of any complaint.
Could a lawyer who formerly represented an LLC represent members in dissolving it and defending related claims?
The opinion found a Rule 4-1.9 conflict barring representation of A in the dissolution and defense of A or B against related claims. It allowed continued representation of the LLC and a separate new…
Could a lawyer use a trade name on letterhead and advertising alongside the lawyer’s name?
The opinion said some trade names were permitted under Rule 4-7.5, but a trade name could not be false, misleading, or deceptive.
Did a prior unrelated workers’ compensation matter require withdrawal from a protective-order case against the former client?
On the facts supplied, the opinion found no Rule 4-1.9 conflict requiring withdrawal. It said different facts could change the view and reserved a judge’s ruling on disqualification.
Did unpaid IRS-sponsored tax assistance count as practicing law in Missouri for a Kansas attorney?
The opinion said work beyond transcribing taxpayer information onto IRS forms, including legal advice or representation, placed the lawyer in the Missouri practicing-attorney category. Unpaid work…
Could a lawyer represent the lawyer’s minor child in an injury claim and charge a contingent fee?
On the stated facts, the opinion allowed representation and a contingent fee with a written contract signed with the next friend. It said the lawyer could not act as trial advocate if likely to be a…
Could a lawyer claim fees and expenses for interpleader after a client refused payment to health providers?
The opinion allowed the lawyer to claim attorney fees and expenses related to the interpleader.
Could an out-of-state lawyer appear at a Missouri DESE hearing if the panel granted a Rule 9.03 statement?
The opinion declined to decide DESE’s authority, but said a granted Rule 9.03 statement would avoid unauthorized practice; local counsel would not assist unauthorized practice in that case.
How did the opinion direct a lawyer to handle a client refund when the former client could not be found?
The lawyer had to keep making reasonable efforts to locate the client and hold the money in trust meanwhile. If the client remained unlocated when the escheat statute took effect, the lawyer could…
Could a city attorney help one side with jury selection in a civil accident case investigated by city police?
Given the accident location and city police involvement, the opinion found a conflict and said the city attorney should not participate in the civil trial for either side.
Could a lawyer employed by an insurance agency give agency clients planning advice and draft documents?
The opinion said individualized legal advice and draft documents would assist the agency in unauthorized law practice. General seminars were allowed if the lawyer avoided advice to individuals or on…
Could a lawyer contact a person under guardianship when the guardian was a lawyer but did not represent that person?
The opinion permitted contact with the person and discussion of representation before notifying the guardian, without violating Rule 4-4.2.
What did the opinion say a dissolving firm should do with trust funds it could not trace to a client or firm reimbursement?
Unless the firm could show where the money had been paid from its operating account, one or more former firm lawyers had to keep it in trust. Funds still untraceable when escheat law applied would…
Could a lawyer meet and contract with clients in a mobile office and advertise that service?
The opinion permitted client meetings and contracts in a mobile office if the client chose that arrangement. Advertising was permitted if it otherwise complied with Rules 4-7.1 through 4-7.5.
Could a lawyer who testified at trial represent the client on appeal under Rule 4-3.7?
The opinion allowed representation through the appeal, but said the lawyer could not act as trial advocate on remand if testimony was again required.
Could a lawyer list elder-law association membership without a specialist-certification disclaimer?
Yes, on the stated understanding that the organization was open to anyone paying a fee and membership conveyed no qualification or expertise claim.
What duties did the opinion identify for a retiring lawyer winding down a practice?
The opinion said client files belonged to clients, called for return or consent to another disposition, and barred withdrawal that materially harmed clients. It identified ample notice and clear…
Could a class-action plaintiff who expected to testify remain counsel of record without serving as trial advocate?
On the stated facts, the opinion found no Rule 4-3.7 violation in remaining counsel of record. It left the disqualification motion to the trial judge.
Could a plaintiff’s investigator contact a defendant’s bookkeeper when the lawyer knew of no counsel for the defendant?
On the stated facts, the opinion allowed direct contact with the bookkeeper without violating Rule 4-4.2.
Could a lawyer apply a refundable retainer to contested client expenses after fee recovery exceeded the retainer?
The opinion required refund unless the contract expressly allowed expense application. If it did and the client disputed the charge, the lawyer had to hold the money in a separate interest-bearing…
Could a lawyer disregard a doctor’s lien arrangement the lawyer had signed when the client later objected?
No. The opinion required keeping settlement funds in trust until the client and doctor agreed on disbursement; absent agreement within a reasonable time, interpleader was required.
Could a necessary-witness lawyer take depositions in a challenge to a settlement?
The opinion said Rule 4-3.7 did not extend its trial-advocate bar to depositions, but Rule 4-1.7(b) barred representative work in a deposition or pretrial matter involving the lawyer’s own testimony…
Could a former lawyer voluntarily send a deceased client’s planning file to the personal representative’s new lawyer?
No, absent the deceased client’s express consent. The opinion said confidentiality survived death and required a court order after full presentation of the issues for subpoenaed disclosure.
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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.