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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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…
Must a lawyer's radio ad say that professional announcers in a dialogue are not actual clients?
The opinion required a disclaimer under Rule 4-7.1(g) that the voices were not actual clients, while allowing wording other than the rule's exact language if it conveyed that meaning.
Could a lawyer join a television-advertised call service that screened and forwarded prospective clients?
The opinion classified the program as a lawyer referral service and said Rule 4-7.2(c)(3) allowed participation only if it was a qualified service registered under Rule 10.1.
Could a lawyer write demand letters for a collection agency when the creditors were not the lawyer's clients?
The opinion said the proposed letters would violate Rule 4-5.5 by helping the collection agency engage in unauthorized practice of law.
Could a lawyer seek confirmation that a former client knowingly waived confidentiality before speaking with the FBI?
The opinion said the lawyer could insist on verification from the former client or current counsel of knowing consent; it cautioned against disclosure unless the lawyer was certain the client…
Could counsel use a contingent fee tied to past-due maintenance or child support recovered through a contempt action?
The opinion answered yes to a fee set as a percentage of past-due maintenance or child support collected as a result of filing the contempt action.
Could lawyers in a valid LLP call their firm a partnership even if profits and losses were not shared?
The opinion allowed the partnership designation if the firm formed a valid LLP under LLP law, but said that status did not limit individual members' ethical liability or eliminate Rule 4-1.10 imputation.
Could a Missouri lawyer charge a finance charge on past-due legal fees?
The opinion allowed a finance charge if the lawyer fully disclosed it before contracting with the client and complied with other applicable law; it declined to decide issues under laws outside the…
Could a lawyer who represented both spouses in bankruptcy later represent one spouse in their divorce?
The opinion allowed the divorce representation under Rule 4-1.9(b) if the lawyer had no confidential information from the joint bankruptcy that could harm the other spouse, or if that spouse waived…
Could a defense lawyer request a nonprosecution affidavit and negotiate restitution within the complainant's actual loss?
The opinion answered yes to both the proposed affidavit request and negotiation of restitution no greater than the complainant's actual loss.
Could a city alderman represent defendants in that city's municipal court, and what changed after the alderman's term?
The opinion found a conflict during the lawyer's alderman term; after the term, it found no general conflict while cautioning that particular facts could still create one.
Must a lawyer send opposing counsel a copy of a proposed judgment submitted to the judge?
The opinion required a copy to opposing counsel when the draft went to the judge, unless the court ordered in camera submission without service or sharing; oral contact required opposing counsel's…
Could a lawyer who represented both spouses after a car crash later sue one spouse for the other?
The opinion allowed the proposed withdrawal and adverse suit if each spouse consented after being fully informed of all relevant considerations; it described written disclosure and consent as…
Would service on the city planning commission disqualify a lawyer or firm from defending municipal-court clients?
The opinion found no automatic conflict for the lawyer or firm from planning commission membership, while allowing that particular cases could still present a conflict.
Could a lawyer for a juvenile office also serve as a commissioned deputy juvenile officer?
The opinion found no general conflict under the Rules of Professional Conduct, left open conflicts on particular facts, and declined to decide separate legal conflicts outside those rules.
May a judge write an occasional column for a newspaper published by and for law enforcement officers?
The Committee concluded that the judge could not write for the described law enforcement newspaper because litigants could view the association as compromising impartiality.
Must a judge recuse when a lawyer who regularly appears before the judge becomes a civil or criminal litigant?
The Committee said routine appearances did not alone require recusal; a special relationship could require disclosure and consideration of waiver. Each judge in the district had to assess…
Must a judge recuse from state criminal prosecutions while the county attorney opposes the judge in a personal tax appeal?
The Committee found no automatic recusal from state criminal cases absent bias or antipathy, but said the judge should recuse from cases naming the county or county board while the tax appeal was pending.
Must an Alabama judge explain an own-motion recusal, and what should a presiding judge do about a pattern of unjustified recusals?
Opinion 96-598 declines to decide whether the recusing judge must give reasons. It says a presiding judge should inquire into a possible pattern of unjustified recusals and report an unsatisfactory…
Can a lawyer facing possible indictment as a co-defendant with a former client reveal the client's confidences to convince the prosecutor not to indict him?
The committee concluded the self-defense exception let the lawyer reveal the minimum confidential information necessary to convince the prosecutor he committed no crime, even to head off a…
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.