Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
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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…
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.
May a county judge serve as trustee for an incapacitated cousin and handle her disability benefits?
The Committee allowed family trust service only within Canon 4E’s limits, but found that handling the cousin’s benefits without formal appointment created an appearance of impropriety. It said a…
After the only lawyer who handled a client's matter leaves the firm, can the firm take on a substantially related matter against that former client?
The committee concluded that once the lawyer who represented the former client left the firm, the firm could represent an adverse interest in a substantially related matter so long as no remaining…
May a trial judge join a community team advocating a coordinated response to domestic violence?
The Committee concluded that a judge could not join the described Community Response Team because its advocacy goals would call the judge’s impartiality into question.
Can a law firm donate court-awarded fees from pro bono cases back to the non-profit organization that referred those cases?
The committee concluded that a firm could not donate court-awarded pro bono fees to a referring non-profit that was not a qualified legal assistance organization, because the donation fell within…
If a lawyer drew up loan documents for sellers as a courtesy while representing the bank, can the lawyer later sue those sellers for the bank on their guarantee?
The committee concluded that, having prepared the deed, note, and second mortgage for the owners as part of one financing transaction, the lawyer ought not represent the bank in a deficiency suit…
If a would-be client briefly calls a lawyer and is immediately referred elsewhere, is the lawyer barred from later representing a longtime client the caller sues?
The committee concluded no attorney-client relationship arose from the brief screening call (no fee, no retainer, no documents, no confidences shared, and an immediate referral), so neither Rule…
Can a lawyer who, as a non-attorney family-court clerk's employee, once helped get a bench warrant against a delinquent father now represent the mother seeking his child-support arrearage?
The committee concluded the lawyer may represent the mother, because his prior government participation (locating the father and giving a description for a bench warrant) was personal but not…
Can a lawyer pay a fact witness, including one who happens to be an attorney, more than the statutory subpoena fee for the time spent testifying?
The committee concluded that, to the extent paying a witness more than the statutory subpoena fee is legally permissible, there is no ethical prohibition on compensating a fact witness for time lost…
Can a lawyer who works part-time as a special prosecutor represent civil plaintiffs against a tortfeasor the same solicitor's office is prosecuting, and does resigning cure the conflict?
The committee concluded that, while serving, the part-time special prosecutor should not represent a civil party against a defendant the solicitor's office is prosecuting, because access to the…
Can lawyers who are personal friends of a judge sponsor or attend a baby shower for the judge and give baby gifts?
The committee concluded lawyers may take part in a social event honoring a judge friend, and give a gift, so long as the participation or gift is not intended (and does not appear intended) to…
Can a lawyer mail business cards to accident victims and others learned about through the news, and what must the mailing say?
The committee concluded that targeted solicitation of accident victims and similar people in distress was usually barred because they may be unable to exercise reasonable judgment in hiring a…
After one judge refuses to accept a negotiated guilty plea, can the parties present the same plea to a different judge?
The committee concluded the plea may be presented to and accepted by another judge, but only if the parties disclose (preferably on the record) that a prior judge rejected the plea and the reasons,…
Can a defendant's lawyer interview, ex parte, a former control-group employee of the opposing corporation whose statements could bind that corporation?
The committee concluded the defendant's lawyers may not interview the plaintiff corporation's former control-group employee ex parte, because under Rule 4.2 his past managerial responsibility over…
Can a lawyer who represents a minority shareholder also represent that client's daughter in her divorce from the company's president?
The committee concluded the representation would not violate Rule 1.7 on the facts presented: nothing showed the interests of the client and her daughter were directly adverse or that the lawyer's…
Can a lawyer hire a current client (a building contractor the lawyer represents in a divorce) to build the lawyer's own house?
The committee concluded the lawyer may contract with the client to build the lawyer's home if the lawyer satisfies Rule 1.8(a): the transaction is fair and reasonable, all terms are fully disclosed…
Must a South Carolina lawyer physically conduct the closing of South Carolina real estate inside the state, or can the lawyer close at an out-of-state office?
The committee concluded there is no ethical rule requiring a South Carolina lawyer to perform the closing of South Carolina real property within the state's boundaries, provided all legal…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Weight varies by state: Most bar opinions are advisory, not binding like court discipline decisions, though formal opinions carry substantial weight. Some states go further: Georgia and Virginia opinions approved by the state supreme court bind lawyers there, New Jersey's bind the ethics committees that decide grievances, Rhode Island and Alabama protect the lawyer who asked for an opinion and followed it, and Utah and North Dakota protect lawyers who rely on one. Each opinion page says how much weight its opinion carries.
- Working guidance: The committee shows lawyers what the rule actually requires day to day (conflicts checks, fee letters, intake screens, withdrawal mechanics).
- Practice research: Cite ethics opinions in fee agreements, engagement letters, conflict waivers, and disqualification motions.