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 lawyer list civil litigation certification on firm letterhead, and is a disclaimer required?
The opinion permits the certification on letterhead but says Rule 4-7.4 requires a disclaimer that neither the Missouri Supreme Court nor The Missouri Bar reviews or approves certifying bodies or…
May a lawyer defer collecting a fee when severely injured clients receive an insurer advance against settlement?
The opinion says deferring collection of the lawyer’s fee in the stated circumstances does not violate Rule 4-1.8(e). The official page flags a November 23, 2021 amendment to that rule.
May a lawyer represent a former client’s spouse in divorce without the former client’s consent?
The opinion directs the lawyer to determine whether information obtained in the earlier representation could be used to the former client’s detriment. It says Rule 4-1.6 confidentiality covers more…
May a lawyer take a paternity and child-support case on a contingent fee before a support judgment exists?
The opinion says Rule 4-1.5(d) prohibits a contingent fee arrangement for the paternity and child-support case described.
May a lawyer testify about a deed prepared for former clients in their divorce dispute without a former client’s consent?
If the wife reasonably believed the lawyer represented her in preparing the deed, the opinion says Rule 4-1.6 confidentiality applies. Without consent, the lawyer must raise confidentiality against…
May a lawyer licensed in another state open a Missouri office for an immigration-only practice without a Missouri license?
The opinion says providing legal advice or counseling from an office physically located in Missouri would constitute unauthorized practice, even on the described immigration-only facts.
Does Rule 4-1.8(j) bar a lawyer from representing a corporation in which the lawyer owns shares?
The opinion answers no to whether Rule 4-1.8(j) prohibits a lawyer from representing a corporation in which the lawyer is a shareholder.
May a lawyer serving on a city council represent defendants charged with city crimes?
The opinion said the council member had a Rule 4-1.7(b) conflict barring representation against the city, including municipal defendants. The official page marks the opinion no longer valid and…
Does a past municipal-court representation of the opposing party bar a lawyer from taking a paternity case?
The opinion directs the lawyer to determine whether the earlier representation yielded confidential information that could be used to the former client’s detriment. It treats information obtained by…
May appointed counsel for a father in juvenile court accept payment to represent him in a related dissolution?
The opinion permits the paid dissolution representation unless accepting compensation conflicts with the juvenile court’s appointment order.
Does a firm member’s earlier contract representation of a defendant create a conflict in a later negligence case against that defendant?
The opinion directs the lawyer to determine whether any firm member obtained confidential information in the earlier matter that could be used to the former client’s detriment. The official source…
May a lawyer on inactive status operate a temporary paralegal service for multiple firms?
The opinion says an inactive lawyer may work as a temporary paralegal like any other nonlawyer, subject to confidentiality, conflicts, and avoiding unauthorized practice.
What did the opinion say when a criminal-defense lawyer learned after a plea that the client had used a false name?
The opinion says a motion to vacate requires the client’s authorization. If the court remains unaware before the proceeding becomes final, the lawyer has a candor duty to inform it under the cited rules.
May a lawyer keep settlement proceeds disputed by a client and lien claimant in an interest-bearing account?
The opinion permits holding the disputed funds for a reasonable time in a non-IOLTA interest-bearing account if the interest goes to their owner. If settlement progress stops, it calls for…
May a municipal prosecutor prosecute police officers or other city employees?
The opinion identifies a Rule 4-1.7(b) conflict for police-officer defendants. For other municipal employees, it makes the conflict depend on whether the prosecutor works regularly with that employee.
May a Missouri-only lawyer review another state’s closing documents while working from Missouri?
The opinion says the described work does not violate Missouri Rule 4 unless it constitutes unauthorized practice in the other state. It requires the lawyer to tell the client about the lack of…
May a plaintiff’s lawyer contact a doctor once the defense says it will not call the doctor as an expert?
The opinion permits direct contact if the lawyer does not know or have reason to know the doctor has counsel. Rule 4-4.3 still requires the lawyer to explain the lawyer’s role and refrain from…
May a part-time municipal judge’s firm defend cases in that municipal court if the judge recuses?
The opinion says firm members have a conflict in opposing the city in municipal court while their colleague is the city’s municipal judge, even with recusal. It directs judicial-conduct questions to…
May a lawyer charge a client interest on money the lawyer borrows for litigation expenses?
The opinion permits passing loan interest to the client if the client agrees to the general arrangement at the outset, receives an oral explanation, and later agrees in writing to the specific loan…
May a partner represent the opposing party after a lawyer in the firm billed for a consultation about the matter?
The opinion says the partner’s representation would violate Rule 4-1.9(a) and that screening the consulting lawyer is not an option on the stated facts.
What conflicts did the opinion identify for a corporate general counsel who also joins the board and owns part of the company?
The opinion says this arrangement involves a conflict, directs the lawyer to Rule 4-1.8(a) for the business relationship, and identifies potential conflicts under Rule 4-1.7(b).
Did the opinion permit an unregistered referral arrangement paid by a percentage or flat fee?
The opinion says the described paid referral arrangement would violate Rule 4-7.2(c). The official page notes that former Rule 4-10.1 was repealed and Rule 4-9.1 amended in 2007.
Which settlement and intake tasks may a disbarred lawyer perform as a nonlawyer employee?
The opinion treats the disbarred lawyer like any nonlawyer: records work and limited signature or numerical-explanation tasks are allowed, but private adjusting, contract explanation, and legal…
May a lawyer licensed elsewhere but not in Missouri provide registered mediation services in Missouri?
The opinion says the described lawyer would not engage in unauthorized practice by registering as a Missouri mediator and performing mediation there. It limits that answer to the issuing office’s…
May a fee contract authorize later credit-card charges without a new signature for each charge?
The opinion answers yes to the two proposed arrangements if the lawyer orally explains the clause and ensures the client understands it; written text alone is insufficient. It also suggests an…
Did the opinion identify separate Missouri rules for internet lawyer advertising?
The opinion says Missouri had no internet-specific advertising rules and that the general advertising rules, Rules 4-7.1 through 4-7.5, applied to internet advertising.
May a lawyer share office premises with a nonlawyer tenant while keeping staff, phones, files, and advertising separate?
The opinion says the described landlord-tenant office sharing would not violate the rules on the stated facts, including separate offices, staff, phones, signs, secured files, and advertising.
May a lawyer advance a diagnostic fee for an indigent client without requiring repayment?
The opinion permits advancing a diagnostic fee for an evaluation used in the representation under Rule 4-1.8(e). For an indigent client, it says repayment need not be required regardless of outcome.
What duty did the opinion identify when a lawyer learned opposing counsel attached stored notarized signatures to later filings?
The committee declined to opine on another lawyer’s conduct but said the requester had a Rule 4-8.3(a) duty to give the described facts to disciplinary counsel, as either a report or complaint.
What did the opinion say about a lawyer’s relative approaching a friend after an accident to mention the lawyer’s services?
The opinion identifies Rule 4-7.3(b)’s limited in-person solicitation exception for a relative or close friend of the lawyer. It does not say the relative’s friend automatically qualifies, and it…
When must a lawyer include a Rule 4-7.4 disclaimer when announcing a specialty certification?
The opinion says a bare announcement to a bar publication needs no disclaimer, but a press release and certification claims on cards or letterhead do. It says the disclaimer should use the same type…
Does one firm have a conflict when it represents a plaintiff against an insurer’s interests while handling another matter for that insurer?
The opinion finds a firm conflict under Rules 4-1.7 and 4-1.10 that bars work for the insurer while the plaintiff matter is pending, unless the plaintiff client and insurer each expressly waive…
Does a lawyer's brochure for an accredited seminar need an ADVERTISING disclaimer when the lawyer is not seeking clients from attendees?
On the stated facts, the opinion says the brochure is not solicitation under Missouri Rule 4-7.3 and does not require the ADVERTISING disclaimer.
May a lawyer charge interest on unpaid fees and report a delinquent fee debt to a credit agency?
The opinion permits interest on fees if the initial client contract includes it, it is adequately explained then, and applicable lending law is followed. It permits limited disclosure while…
Must a lawyer withdraw when an opposing party is a representative of a government client the lawyer also serves?
On the facts presented, the opinion says Rule 4-1.7 did not require withdrawal. It expressly leaves court disqualification and independent disciplinary investigation open.
May a lawyer invite legal inquiries by email through a practice-area website and list that address on letterhead?
The opinion allows the described website and letterhead use. Because the website invites legal inquiries, it says the site should warn that email is not necessarily secure and confidential; a later…
May a lawyer represent a spouse when the other spouse consulted a lawyer who shares the same office?
On the stated true office-sharing facts, the opinion finds no conflict preventing representation. A later official note says Rule 4-1.18 now governs prospective-client questions and should be consulted.
When did the opinion require advertising disclaimers for a general legal newsletter mailed to clients and prospects?
The opinion treats the newsletter as advertising. It calls for a contingent-fee disclaimer if the firm indicates it accepts such cases and an ADVERTISING disclaimer where mailings reach individually…
May a claimant’s lawyer interview business employees when no lawyer for the business is known?
The opinion permits interviews if the lawyer neither knows nor has reason to know that counsel represents the business, while directing close attention to Rule 4-4.3 and its comments.
May a claimant’s lawyer send adjuster correspondence directly to a driver who has no known lawyer?
The opinion permits direct communication, including an adjuster-letter copy with or without a cover letter, if the claimant’s lawyer neither knows nor has reason to believe that a specific lawyer…
Do the ethics rules bar a plaintiff’s lawyer from interviewing the defense’s designated expert outside counsel’s presence?
The opinion says the ethics rules do not bar the ex parte contact if it complies with discovery rules. It declines to decide whether discovery law permits that contact.
May a lawyer represent a wife in post-divorce matters after a detailed consultation with the husband?
The opinion bars substantially related matters under Rule 4-1.9(a) and matters where information from the husband could harm him under Rule 4-1.9(b). It says collection of divorce judgments likely…
Does Missouri’s in-person and telephone solicitation rule treat prospective business clients differently?
The opinion says Rule 4-7.3(b) makes no distinction between business and individual prospects. In-person or telephone contact is barred unless an enumerated exception applies.
May an out-of-state lawyer in a Missouri firm state licensed jurisdictions and pending Missouri admission on a business card?
The opinion permits the described card and confirms limits on signing client advice and research work. It says a Missouri resident cannot practice as a visiting attorney under Rule 9.03 while…
May a lawyer defend a former client charged with a crime against another former client?
The opinion permits representing H only if former client and victim W consents after the lawyer’s full disclosure. It bars the lawyer from representing or advising W on the matter even with a waiver.
Which criminal defense matters may a former assistant prosecutor or the lawyer’s new firm handle?
The opinion bars the lawyer from matters arising from charges filed during the prosecutor tenure when the lawyer or a supervisee was involved. It allows firm colleagues to handle them with Rule…
May a lawyer represent an insurer in an unrelated case while pursuing a negligence claim against its insured?
The opinion finds a Rule 4-1.7(a) conflict in simultaneous representation of the insurer and negligence claimant, but says both clients can consent after full disclosure.
May a lawyer continue representing a litigation client when another client’s information could impeach company witnesses?
The opinion finds a conflict that prevents continuing the litigation representation unless the company client consents after full disclosure.
May a lawyer send a statutory right-to-cure notice directly to represented debtors?
The opinion says to ask the debtors’ lawyer to accept the notice first. If that lawyer refuses, direct notice to the debtors does not violate Rule 4-4.2.
May a firm produce confidential trust-account checks when ordered in a member’s bankruptcy case?
The opinion treats the checks as confidential under Rule 4-1.6. After fully raising confidentiality, the firm may comply with a court order without violating the rules and should seek a limited,…
May counsel for a former store manager contact another former manager directly in a wage suit?
The opinion allows direct contact if the former manager had no involvement in decisions affecting the client. Otherwise it requires contact through company counsel or that counsel’s consent; the…
When does a legal-services brochure become solicitation under the opinion?
The opinion classifies the brochure as advertising under Rule 4-7.2 and says it becomes solicitation under Rule 4-7.3 when directed to an individual prospect or someone in a situation similar to the…
What must successor counsel tell a client after concluding the prior firm may have committed malpractice?
The opinion finds no mandatory disciplinary report for simple malpractice, but Rule 4-1.4 requires telling the client about information suggesting possible malpractice. It bars informing the prior…
May a lawyer represent a new client whose case attacks a former client serving as an adverse witness?
The opinion permits the representation under Rule 4-1.9(b) unless the lawyer acquired information from the former client that could be used against that client. It calls for limited disclosure of…
May a lawyer serving as a quasi-judicial officer use that role to recruit business customers or associates?
The opinion says using the quasi-judicial position to form business relationships with people likely to appear before the lawyer would violate Rule 4-8.4(d), including when the benefit comes indirectly.
May a law firm hire a disbarred lawyer to work as a paralegal?
The opinion permits the work on the same basis as for other nonlawyers, with licensed-lawyer supervision, no misleading presentation of the worker’s status, and no legal advice by the worker.
May counsel for a juvenile officer in one county assist a case against the juvenile officer of another county?
The opinion says no; it identifies a Rule 4-1.7 conflict in the proposed assistance.
May a lawyer use a contingent fee to collect accrued overdue child support under a final judgment?
The opinion answers yes to the stated collection of accrued overdue child-support payments under a final judgment.
May an engagement contract set a file-destruction date while giving the client a choice to take the file?
The opinion permits that clause if it is adequately communicated at the start, and says the lawyer should remind the client of the storage terms when the file closes.
Which of a prosecutor’s four described bank accounts did the opinion say should be IOLTA?
The opinion says office-expense and fee accounts 1, 3, and 4 appear not to need IOLTA status. It says account 2, holding restitution, bad-check funds, and taxes, should be IOLTA unless a statute…
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.