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.
No Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri opinions match these filters
Try a different search term or clear the filters.
Does a former prosecutor have a conflict in defending someone the lawyer once prosecuted on two traffic matters?
On the facts supplied, the opinion says it did not appear that a conflict prohibited the former prosecutor from joining the defense of the person's later felony case.
May a former prosecutor defend a DWI client who was a witness in an unrelated pending prosecution?
Based on the stated facts, the opinion says no conflict prohibited the former prosecutor from representing the person in the DWI case.
Does Missouri's lawyer noncompetition rule apply to a mediator's contract restricting only mediation work?
The opinion says mediation alone is not the practice of law, although mediation and legal practice can be mixed. Because the contract restricted only mediation, it concluded Rule 4-5.6 did not apply.
May a lawyer join a referral service that telephones accident victims before they request a referral?
The opinion says participating in a service that solicits prospective clients for lawyers by telephone or in person violates Rule 4-7.3. It also addresses targeted mailings and the lawyer's duty to…
Does a lateral lawyer have a conflict when the new firm represented the opposing estate's decedent?
The opinion says the lawyer must determine whether the new firm obtained confidential information from the former representation that could harm the decedent's interests. On the supplied facts, no…
May a Missouri law firm let clients pay delinquent legal fees with standard credit cards?
The opinion permits routine payment of legal fees through standard credit card transactions. It says the answer could change if the firm's arrangement with the provider required unusual transaction terms.
May an office-sharing lawyer use a firm's computer network if both sides agree not to read each other's client files?
The opinion says the firm may not grant network access without blocking the office-sharing lawyer's access to its client files. It says the result would differ for an of-counsel lawyer and restricts…
Can unaffiliated lawyers' website disclaimer alone prevent them from being treated as a firm?
The opinion says a clear disclaimer may explain the lawyers' relationship but may not prevent ethical treatment as a firm. It also identifies email-security notice and possible conflicts from…
Does a chiropractor's mailing program to recruit patients for a lawyer create an ethics problem?
The opinion says the proposed arrangement, including the chiropractor's lien, appeared to create a Rule 4-1.7(b) conflict. It also objects to the lawyer's lack of independent review of each mailing…
May a plaintiff's lawyer informally question a trucking company's co-driver and office employee?
The opinion identifies three Rule 4-4.2 categories that may bar direct contact but does not decide whether either employee fits them. It says those classifications are legal questions outside the…
Must a tax-law newsletter sent only to existing clients carry an advertising label?
Based on the lawyer's statement that the newsletter would go only to existing clients, the opinion says it need not carry the Rule 4-7.3 advertising disclaimer.
Must a lawyer withdraw from representing two plaintiffs when one may become a third-party defendant?
The opinion says the present conflict appeared waivable and effectively waived on the stated facts, so withdrawal was not then required. Direct adversity could later become unwaivable, and the court…
What work could an out-of-state lawyer residing in Missouri do at a Missouri firm before admission?
The opinion says a Missouri resident not admitted there could not practice under Supreme Court Rule 9.03. Until Missouri licensure, the lawyer could perform only functions that a nonlawyer could…
May a lawyer settle a workers' compensation claim while unable to find the client?
The opinion says the lawyer may not settle without the client's agreement or prior authorization covering the terms. If a settlement is authorized, it says to hold the funds in a separate…
May a lawyer file a mechanic's lien for a regular client against a former client?
The opinion says Rule 4-1.9(b) requires checking whether prior work gave the lawyer confidential information usable against the former client. If so, the lawyer could not take the matter without…
Does a firm conflict arise when one lawyer defends a city in tort matters while colleagues oppose it in other matters?
The opinion says the lawyer has a conflict under Rules 4-1.7(a) and 4-1.10 where colleagues represent parties opposing the city in condemnation and municipal criminal matters.
May a lawyer privately call or visit a judge to ask whether decisions in pending cases have been made?
The opinion says the proposed direct in-person or telephone inquiry would be impermissible ex parte conduct under Rule 4-3.5(b).
Could a Missouri public defender handle a post-conviction claim alleging ineffective assistance by another public defender?
Yes absent an actual conflict. The client had to consent after consultation, counsel and supervisors had to remain independent, and affirmative safeguards such as screening had to prevent a conflict.
May a law firm have business clients distribute its coupons to customers?
The opinion says paying only the coupons' actual cost would not violate Rule 4-7.2(c), but giving distributing businesses anything of value would. It declines a definite ruling on distribution…
Does a county contract to represent indigent parents in juvenile cases bar unrelated criminal defense?
The opinion says the contract does not prohibit unrelated criminal defense under Rule 4-1.7 on the stated facts, including that the firm represents the parents and not the juvenile officer or…
May a part-time county prosecutor defend outside-county traffic matters or represent clients before the county zoning board?
The opinion finds no conflict for outside-county municipal traffic defense if home-county law enforcement is uninvolved, subject to other facts and statutes. It finds a conflict in appearing before…
May a corporation's in-house lawyer hire the lawyer's spouse and spouse's firm for corporate legal work?
The opinion says the proposed hiring creates a Rule 4-1.7(b) conflict, but the corporation may waive it after full disclosure.
May a lawyer represent a wife in divorce against a husband the lawyer's firm represented in an earlier divorce?
The opinion requires checking whether anyone at the firm learned confidential information in the prior divorce usable against the husband. If so, the lawyer has a conflict and may proceed only with…
What happens when a prosecutor and assistant prosecutor in one firm handle criminal and civil sides of the same collision?
The opinion says the assistant prosecutor must withdraw from the client's wrongful-death representation and a special prosecutor must be sought for the possible criminal charges.
Could a lawyer participate in an advertised 800-number program run by a registered referral service?
The opinion says participation did not violate Rule 4-7.2(c) because the company was registered as a lawyer referral service under then-effective Rule 4-10.1.
Can a lawyer use a contingent fee for a post-divorce motion to divide omitted marital property?
The opinion says Rule 4-1.5(d)(1) bars the fee if alimony or child-support issues can be raised or reopened. If they cannot, it says the lawyer may take the matter on a contingent fee.
May a lawyer pay disputed settlement funds to a client after promising a creditor payment from the recovery?
The opinion says the lawyer may not release the disputed funds to the client without the creditor's consent. It permits a reasonable trust hold for resolution and calls for notice and, absent…
May a lawyer sue a former traffic client for another client in an unrelated dispute?
The opinion permits the suit under Rule 4-1.9(b) only if the lawyer gained no confidential information in the traffic representation usable against the former client. It defines confidentiality…
May a city prosecutor's office prosecute city officers, employees, or officials' relatives?
The opinion says regular staff may prosecute the described people if no relationship with the office impairs the prosecutor's or assigned lawyer's objectivity. It declines to approve any specific case.
May municipal counsel defend both the city and its mayor and aldermen in threatened employee litigation?
On the supplied facts, the opinion permits representing the city but not the individual officials. It says the lawyer might also be disqualified from the city if any official believed they had…
May a settlement bar the client's lawyer from representing other claimants against the same employer for five years?
The opinion says Rule 4-5.6(b) prohibits the lawyer from agreeing to the proposed five-year restriction on representing other salespeople with claims against the agency.
Which clients must a departing lawyer notify, and what choice must the notice explain?
The opinion requires notice to clients whose matters the lawyer primarily handled or with whom the lawyer had significant contact. It says the notice must explain the client's choice of the lawyer,…
May a lawyer represent a longtime client in divorce against a spouse the lawyer once represented in a municipal case?
The opinion found no apparent Rule 4-1.9 conflict on the stated facts because the prior representation yielded no information usable against the spouse. It reserved court disqualification and…
Must office-sharing lawyers use separate fax lines, and how must shared equipment protect client information?
The opinion says separate fax lines are not required, but the lawyer must assure confidentiality for materials sent or received on a shared fax. It extends similar concerns to a shared copier and…
May a lawyer pay a private investigator's hourly charges under a program that recommends the lawyer to clients?
The opinion says the described arrangement violates Rule 4-7.2(c) because payment to the investigator is tied to a recommendation of the lawyer's services. It reserves possible other rule issues for…
What may a lawyer do with a prospective client's file after declining a case when the person does not collect it?
The opinion permits return by personal delivery or a tracked service and copying the file at the lawyer's expense for protection. It says the lawyer may not destroy the original file.
May one lawyer represent a driver, spouse, and child after an accident if the passengers may have claims against the driver?
The opinion says waiver may be possible after full disclosure if the lawyer reasonably determines all three can be represented without adverse effect. It specifies waivers by husband and wife for…
May a lawyer add a legal assistant's hourly charge to a contingent fee?
The opinion permits the charge if fully disclosed and understood by the client and if the total fee remains reasonable. It says an unreasonable fee at the end of the matter would violate Rule 4-1.5.
May a lawyer use a mailing service's new-resident labels for advertising?
Based solely on the facts supplied, the opinion says participation did not appear to violate Missouri Supreme Court Rule 4. It warns that further information could change that result.
May a former prosecutor represent a murder victim’s mother in a civil suit against the defendant?
The opinion says the former prosecutor has a Rule 4-1.11 conflict and cannot handle that matter. Another lawyer in the firm may handle it if both the lawyer and firm meet Rule 4-1.11’s requirements.
Does a county prosecutor have a conflict in a private civil case when the sheriff reported the same incident?
If the prosecutor’s office received the report before the lawyer accepted the civil case, the opinion finds a Rule 4-1.11 conflict requiring withdrawal. If the report arrived afterward, it says a…
May a former nonprofit director represent a plaintiff suing the organization’s employees and chair?
On the stated facts, the opinion finds no conflict because the alleged acts did not occur during or result from the lawyer’s board service. It says a Rule 4-1.7(b) conflict would bar representation…
May one lawyer represent two injured people from the same accident?
The opinion finds a Rule 4-1.7 conflict because one client needs objective advice about whether the other should be named as a defendant, which the lawyer cannot provide while representing both.
May a lawyer advertise and consult online, and what must clients be told about ordinary email?
The opinion requires internet communications about legal services to comply with Supreme Court Rule 4, including advertising Rules 7.1–7.5. Unless email in both directions uses quality encryption,…
How should a law firm identify a registered nurse who assists its malpractice defense practice on letterhead?
The opinion says the firm should identify the nurse as a legal assistant or otherwise show that the nurse is not an attorney, so readers are not misled by an R.N. designation beside the lawyers’ names.
May a lawyer disclose a deceased client’s trust file to a caller without a court order?
The opinion affirms the lawyer’s Rule 4-1.6 duty to maintain file confidentiality. It permits disclosure if a court orders it after confidentiality is fully raised and says the lawyer should seek an…
What should a lawyer do with a deceased former client’s small refund when no heirs can be found?
The opinion says the lawyer must follow any later reasonable leads to heirs and otherwise keep the refund in trust until it escheats to the state under the statutes.
May a lawyer discuss wills and contracts generally in a short daily radio segment?
On the stated facts, the opinion says a radio segment covering legal topics generally, without individual advice, did not appear to violate Missouri Supreme Court Rule 4.
Is a prosecutor automatically conflicted from deciding whether to charge a police officer known to the office?
The opinion finds no automatic Rule 4-1.7(b) conflict. It says the issue depends on whether the relationship adversely affects the prosecutor’s duties and records OCDC’s recommendation to seek a…
May a law student work for a city attorney and a private firm opposing the city if the city screens the student?
The opinion finds a conflict where the private firm represents municipal defendants or opposes the city in pending litigation. It says screening does not solve the conflict and that employing the…
May a trustee of a charitable trust also be paid to provide legal services to the trust?
The opinion permits a trustee to perform legal services for the charitable trust if the trustee follows Rule 4-1.8(a) and does not participate in trustee decisions about hiring or compensation.
May a collection lawyer advance filing and garnishment costs if reimbursement depends on collection?
The opinion says the lawyer may advance filing fees and garnishment costs, with reimbursement after collection if successful, without violating Rule 4-1.8(e).
May an of-counsel lawyer be named on the other lawyer’s letterhead, and what does the opinion say about appearances?
The opinion permits the of-counsel lawyer’s name on letterhead with an “Of Counsel” designation and says the name need not appear. For appearances, it says Attorney A may appear for Attorney B…
Must an insured client consent when an insurer pays defense counsel, and must that consent be written?
The opinion applies Rule 4-1.8(f) to insurance defense and requires the insured’s consent to third-party payment and any other limits on representation. It says the rules do not require written…
May an estate-planning lawyer serve as primary trustee of an irrevocable life insurance trust the lawyer drafts for a client?
The opinion says the lawyer must comply with all requirements of Rule 4-1.8(a) if named primary trustee of the trust the lawyer drafts.
May a former lawyer give the opposing side an affidavit or testimony about a former client’s settlement communications?
The opinion treats those case communications as confidential under Rule 4-1.6. Disclosure requires client consent or a court order after the confidentiality issue is fully raised; the lawyer may ask…
May a contingent fee contract waive advanced litigation costs if there is no recovery, or leave that issue unstated?
The opinion permits a contract that waives cost repayment after no recovery or reserves an option to waive it. Silence about what happens without recovery is inadequate fee communication.
May office-sharing lawyers split one yellow-pages ad without implying they are partners?
The opinion permits sharing the cost of a full-page ad under Rule 4-7.5(f) if the two parts look like separate advertisements. It says a disclaimer might help depending on how separate they appear.
May a lawyer advance an indigent civil client’s reasonable transportation, lodging, and meal costs to attend trial?
The opinion treats reasonable transportation, lodging, and meal costs for the client’s trial attendance as litigation expenses and says advancing them does not violate Rule 4-1.8(e).
May a part-time municipal judge or the judge’s associate defend a state criminal case arising within city limits?
The opinion permits the judge or associate to defend the state case when no related municipal case exists. It rejects the associate’s representation when other defendants from the same events face…
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.