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.
May a lawyer share offices and secretarial staff with a CPA firm?
The opinion permits the arrangement if public presentation clearly separates the practices, client files are secured as well as segregated, and adequate measures protect confidentiality when staff…
May a lawyer join a paid referral program that compensates participants with service credits?
The opinion says participation would violate Rule 7.2(c) unless the program registers as a qualified referral service under Rule 4-10.1. It declines to decide whether the credit system also violates…
Does sending a legal newsletter to former clients, friends, or relatives remove advertising and solicitation disclaimer requirements?
The opinion treats the newsletter as advertising and says those recipient relationships do not change the analysis. It calls for a contingent-fee disclaimer when indicated and an ADVERTISING…
May a lawyer represent a husband in divorce after handling only speeding violations for the wife?
On the stated limited contact and absence of information about the marriage, the opinion says representing the husband would not violate Rule 4-1.9(b).
May a lawyer give an informational industry seminar with the firm name in course and promotional materials?
On the general facts supplied, the opinion finds no rule violation, but classifies seminar materials bearing the firm’s name and address as advertising subject to Rules 4-7.1 through 4-7.5 and any…
May a lawyer give a collection agency former-client information needed to collect unpaid fees?
The opinion permits disclosure of client identity and representation information to the agency under Rule 4-1.6, limited to the minimum necessary for the collection effort.
How did the opinion direct a lawyer to hold proceeds for a dissolved corporate client with no located successor?
The opinion requires holding the client share in trust while seeking a claimant, in a separate interest-bearing non-IOLTA account for the expected long period. It permits disbursing a clearly earned…
May a legal-services program funded partly by the state represent clients against the state?
The opinion permits adverse representation despite state funding, with disclosure of that funding to the client and a waiver for the client’s claim against the state.
May a departing lawyer pay a former firm fifty percent of a contingent fee after clients follow the lawyer?
The opinion permits the agreed percentage under Rule 4-1.5(e) if the former firm retains joint responsibility and the informed client agrees in writing. Otherwise, the share is limited to services…
May a personal-injury lawyer interview an apparently unrepresented liable person or company employee?
The opinion allows contact if the lawyer neither knows nor has reason to know the person is represented, subject to Rule 4-4.3. It cautions that company representation may cover an employee; the…
May one firm lawyer try a case in which another firm lawyer will testify?
The opinion says the trial advocate does not violate Rule 4-3.7 merely because a firm colleague testifies. The witness lawyer may work on pretrial matters only when they do not concern that lawyer’s…
May defense counsel contact a plaintiff’s retained expert whom the plaintiff has not designated for trial?
The opinion finds no ethics-rule bar if discovery rules permit contact. For an unrepresented expert it requires Rule 4-4.3 compliance; for a represented expert, Rule 4-4.2 requires contact through counsel.
May a plaintiff’s lawyer contact a represented defendant directly about insurance limits and possible bad faith?
The opinion says Rule 4-4.2 bars direct contact with the represented defendant; the concern may be communicated through defense counsel, informally or in discovery.
What did the opinion require when an estate client knowingly omitted a possible heir from a court filing?
The opinion says the lawyer should urge full disclosure and explain the consequences. If the client refuses, Rule 4-3.3 requires action to correct the court information and withdrawal.
May a lawyer represent the lawyer’s spouse in a motion to modify an earlier divorce decree?
The opinion answers yes on the stated facts: the lawyer’s interests are not adverse to the spouse’s, and the lawyer will not be a witness.
May a lawyer leave service flyers on parked cars and residential doorknobs without speaking to anyone?
The opinion permits the described flyer distribution without personal contact. It says the lawyer and distributors must avoid conversations about the services because those would be prohibited…
May a Missouri lawyer share a fee with an out-of-state lawyer who merely referred a workers compensation case?
The opinion treats the proposed payment as a referral fee rather than work-based or joint-responsibility division under Rule 4-1.5(e). It says Rule 4-7.2(c) bars it unless the referring entity is a…
What did the opinion require a prosecutor to do when police might interview an inmate on represented matters?
The opinion calls for best efforts to prevent police interviews on matters where the person is represented, including placing notice in the inmate file if needed. It does not require stopping…
What conflicts arise when a public defender’s former client becomes a state witness against a current client?
The opinion identifies conflicts when nonpublic former-client information could harm the witness or would need disclosure. It says the office should withdraw unless the former client waives, and the…
May a lawyer advance settlement funds to a brain-injured client and seek protective appointment after a discharge?
The opinion says Rule 4-1.8(e) bars financial assistance beyond costs and litigation expenses. It describes Rule 4-1.14 discretion to seek a guardian or guardian ad litem and permits accepting a…
May Missouri counsel use another state’s contact rule to interview a former corporate employee in Missouri for litigation there?
The opinion permits following the other state’s Rule 4-4.2 interpretations if the entire proceeding is litigated under that state’s courts and the interpretation comes from a court or disciplinary…
May a divorce lawyer handle modification when a new partner previously consulted the opposing spouse about an appeal?
The opinion says the lawyer may not represent the wife in the modification unless the husband consents after consultation; contact about consent should go through the husband’s current lawyer.
Must a lawyer disclose an investment in a business competing with current clients?
The opinion says the investment creates a Rule 4-1.7(b) conflict and calls for disclosure and client consent to continued representation if the investment is made.
May counsel opposing a represented public body request its records from a clerk under Missouri’s Sunshine Law?
The opinion says Rule 4-4.2 does not bar a Chapter 610 records request, but the lawyer should first try to obtain the records through the governmental body’s counsel.
What happens to unclaimed trust funds when a Missouri law firm dissolves?
The opinion says the funds remain in an IOLTA trust account until claimed or until they escheat under Missouri unclaimed property law.
Must a firm withdraw when one partner may testify in its client’s case?
The opinion says the firm need not disqualify itself on the limited facts. The witness partner may help prepare the case but may not advocate at trial or a pretrial proceeding involving that…
Did the opinion require an advertising disclaimer on a website visitors choose to open?
The opinion says no Rule 4-7.3 disclaimer is needed for a passive site others affirmatively access. Active sending of material may trigger it, but the committee requested more facts before deciding…
When does a law firm’s introduction letter to organizational members need advertising disclaimers?
The opinion permits a truthful, nonmisleading introduction. It requires the Rule 4-7.3(a) ADVERTISING disclaimer if the letter promotes other firm work, plus the subsection (d) disclaimer if it…
May a plaintiff’s lawyer depose an employee of a dismissed defendant without notifying that former defendant’s counsel?
The opinion answers yes on the stated facts. It gives no further conditions or analysis.
Must a departing lawyer leave before opposing counsel joins the same firm in a pending case?
The opinion says Rules 4-1.7(a) and 4-1.10 bar opposing lawyers from continuing on the same case while in one firm. It identifies departure before opposing counsel arrives as the way to avoid that overlap.
May a lawyer continue practicing under a premarriage surname after changing legal surname?
The opinion permits use of the previous surname if the lawyer notifies the Missouri Supreme Court, Missouri Bar, and ethics office of both full names and how each will be used.
May a lawyer collect divorce decree amounts for a former firm client’s ex-spouse?
Rule 4-1.9(b) creates a conflict if the lawyer worked on or learned about the former firm’s alienation case and the firm obtained information that could harm its former client in the collection matter.
Must a prosecutor withdraw when a new assistant formerly handled pending matters?
The opinion says the prosecutor need not withdraw if the new assistant is effectively screened from those matters; the rules require disclosure of screening only if the issue is raised.
May a lawyer issue a press release about seminars the lawyer attended?
Yes. The opinion says the release is subject to the rules governing communications about a lawyer’s practice, Rules 4-7.1 through 4-7.5.
May a lawyer pay a monthly fee to join a rotating call referral program?
The opinion treats the program as a lawyer referral service and permits participation only if it is qualified and registered under Rule 4-10.1.
Can a subpoenaed lawyer continue representing clients at trial?
The lawyer may advocate at trial if not a witness there. If the lawyer testifies, another lawyer in the office may represent the clients; the subpoena dispute is for the court.
May a lawyer contribute ten percent of a fee to an organization that referred a client?
The opinion permits the contribution only if the referring organization is a qualified lawyer referral service registered under Rule 4-10.1; otherwise the arrangement violates Rule 4-7.2(c).
Who receives unused advance fees when a client and the payors both claim the refund?
The opinion says the lawyer may pay neither claimant while both assert an interest. The claimants may jointly direct payment; absent agreement in a reasonable time, the lawyer must file interpleader.
May a lawyer earn a continuing fee for referring a client to a financial adviser?
The opinion says the arrangement violates Rule 4-1.7(b) unless the lawyer discloses the relationship and possible financial benefit at referral and bases the referral on objective criteria.
How may a firm market a partner’s paid industry seminars?
The opinion permits the seminars and a fictitious marketing name if the firm relationship is disclosed. It limits personal contacts and requires a separate business acting as a referral service to…
May a lawyer continue defense work before joining the prosecutor’s office?
The opinion permits continued or new defense matters against that office with informed client consent, but requires withdrawal from pending state criminal matters before prosecutorial duties begin.
What does the opinion direct when a client and a financial institution dispute funds held by a lawyer?
The opinion directs the lawyer to seek client consent, notify the client of possible interpleader, and file interpleader within a reasonable time absent ongoing good faith resolution efforts.
May a lawyer represent a father in custody after consulting with the mother about child support?
The opinion identifies a Rule 4-1.9(a) conflict arising from the earlier consultation and says the lawyer should seek leave to withdraw.
May a lawyer withdraw after learning facts the client had not disclosed?
The opinion permits withdrawal if the tribunal allows it and withdrawal at that stage will not materially harm the client.
May a Missouri lawyer practice under a trade name?
Yes. The opinion permits a trade name under Rule 4-7.5 and says advertisements must name at least one lawyer responsible for them under Rule 4-7.2(d).
May a lawyer sell written-off former-client receivables on the stated information terms?
The opinion says the described sale does not violate the Rules of Professional Conduct when the buyer receives only debtor contact details and outstanding balances, without details of legal services.
May former corporate counsel represent one shareholder against the other over dissolution?
The opinion finds a Rule 4-1.9(a) conflict and permits the requested representation only if the opposing shareholder consents after full disclosure.
Which contact rule did Missouri apply to former employees in this historical opinion?
The opinion applied Missouri Rule 4-4.2 to former employees as it did to current employees, with an exception for litigation entirely in another state under that state’s official rule interpretation.
May a lawyer sharing office space with lawyers who appear in municipal court serve as an assistant municipal judge?
The opinion found no attorney conflict if the described arrangement was genuine office sharing, but said confidentiality controls, clear separation, and joint advertising could change that…
Under this historical Missouri opinion, when could counsel contact an employer's current or former employees directly?
If counsel knew the employer was represented in the matter, the opinion barred direct contact with current or former managers; it allowed contact with other employees unless their admissions bound…
May a corporate client keep the amount awarded for attorney fees above its lawyer's actual fee?
The opinion found improper fee sharing under Rule 4-5.4 when the corporation retained the excess; it identified a possible Rule 4-3.3 issue if the client had not agreed to pay the awarded amount to…
Could a lawyer use an 'of counsel' designation while receiving pay only for cases the lawyer worked on?
The opinion concluded that the described 'of counsel' designation did not violate the Rules of Professional Conduct: the lawyer received no pay for unattended referrals and was paid for cases on…
Could a Missouri lawyer include a binding arbitration clause in an engagement letter?
The opinion said the clause would not violate the Rules of Professional Conduct, but Rule 1.4 required the lawyer to ensure clients knew of and understood it.
May a Missouri lawyer put 'LLM' on letterhead?
The opinion permitted a lawyer to put 'LLM' on letterhead if the lawyer had received an LLM degree.
Could a lawyer licensed in another state practice only pro bono in Missouri without a Missouri license?
The opinion said no: the proposed pro bono work would be the practice of law in Missouri, and the then-applicable rules provided no exception for an out of state lawyer.
Could a referring firm receive part of another firm's retainer without continuing responsibility or client consent?
The opinion said the proposed retainer split violated Rule 4-1.5(e)'s requirements for permissible fee sharing because the referral arrangement lacked continuing responsibility and client consent.
What did this Missouri opinion require when a court-cost refund for a client was returned undeliverable?
The opinion required reasonable efforts to locate the client, then deposit and maintain the funds in the lawyer's trust account if the client could not be found; it gave a separate instruction for a…
When did this opinion bar a part time city prosecutor from representing a client in a county juvenile matter?
The opinion barred that representation if the conduct occurred within the city or city police investigated or responded to the underlying situation.
Could a lawyer help a former estate client’s child seek guardianship over that client?
The opinion found a Rule 4-1.9 conflict if the lawyer obtained information during the earlier representation that could be used adversely to the former client in the guardianship proceeding.
When would a lawyer need a former divorce client’s consent to represent another woman in the described dispute?
The opinion allowed the new representation without consent unless the lawyer had confidential information from the former client that would be used in the new matter; if so, it required the former…
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.