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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Could a lawyer who witnessed relevant conduct remain trial advocate when unlikely to be a necessary witness?
The opinion allowed the lawyer to advocate at trial on the described facts; if a necessary witness, Rule 4-3.7(a) would bar trial advocacy but still permit remaining attorney of record.
Under this historical opinion, could a workers' compensation lawyer pay a client's treatment and travel costs?
The opinion barred payment or advances for medication, treatment, and treatment travel under then-effective Rule 4-1.8(e), but allowed advances for a genuine litigation evaluation and related…
Could a part time municipal judge or the judge's partner defend cases in the municipality?
The opinion answered no to defense in the judge's municipal court, no to circuit-court defense arising in the municipality, and no to the judge's partner defending in that municipal court before…
Did a general firm brochure mailed to prospective clients need an 'ADVERTISING' label?
The opinion said a brochure containing only general firm information did not require the Rule 4-7.3(a) label, but an accompanying communication referring to the recipient's particular legal matter did.
Did an office mate's prior guardianship work bar a separate lawyer from representing one former client against another?
The opinion found no conflict barring the representation on the described facts, which established a true office-sharing arrangement between the lawyers' firms.
Could a lawyer pay a for-profit company to refer callers from its 800 number?
The opinion said paying the company for referrals through the described 800-number program would violate Rule 4-7.2(c).
Did one lawyer's appointment as special prosecutor bar firm colleagues from unrelated cases against the state?
The opinion found no conflict for other firm lawyers' unrelated criminal-defense or state-adverse work because the special-prosecutor appointment was personal and limited to one case.
What did this opinion require before suing former clients on unrelated matters?
The opinion required a case-by-case inquiry under Rule 4-1.9(b) into whether information gained in the earlier representation could harm the former client in the new matter.
Could nonlawyer community leaders set broad policy for a nonprofit legal office without directing individual cases?
The opinion said Rule 4-5.4(d) did not appear to apply, while Rule 4-5.4(c) allowed broad policy participation but barred lay directors from directing lawyers' professional judgment in specific cases.
Could a personal-injury lawyer omit cost repayment entirely from a contingent-fee arrangement?
The opinion allowed cost repayment to depend on the case outcome, but said a successful case required repayment of costs and expenses except when the client was indigent.
Could a guardian ad litem disclose information learned through that role about another person?
The opinion required confidentiality unless a court ordered disclosure after the confidentiality issue had been fully raised to the court.
What did this opinion require in a letter to potential class members about a pending suit?
The opinion required Rule 4-7.3's 'ADVERTISING' disclaimer and said the lawyer should qualify any claim that a class action had been filed if the class was not yet certified.
Could a municipal prosecutor continue serving when one of several municipal judges was the prosecutor's relative?
The opinion allowed the prosecutor to continue without appearing before the relative. It also permitted an appearance before the relative, said the relationship should be disclosed formally, and…
Could lawyers in a municipal judge's firm handle municipal zoning matters if the firm did not share profits?
No. The opinion applied Rule 4-1.10 to the firm despite its internal financial arrangements and imputed each member's conflicts to all members.
What did a departing lawyer and firm owe clients concerning notice and their case files?
Both lawyer and firm had obligations to ensure affected clients were informed. The client owned the original file and the chosen lawyer or firm should receive it unless the client consented to a copy.
Did a lawyer have to seek a guardian ad litem for a client with Alzheimer's disease who had not been declared incompetent?
On the stated facts, the opinion found no apparent obligation under the Rules of Professional Conduct to seek a guardian ad litem. It directed review of Rule 4-1.14 and discussion with the client…
Could other lawyers in a city attorney's firm defend clients in that city's municipal court?
No. The opinion treated the city as a firm member's client and municipal defendants as directly adverse to that client under Rule 4-1.7(a).
Did a part-time prosecutor's prior work for defendants in related matters disqualify the whole prosecutor's office?
No, provided adequate screening kept the prosecutor from those cases. The opinion specified isolating the files and informing other staff so they would not share information or involve the…
Could a lawyer represent a divorce client after the lawyer's former firm prepared that client's prenuptial agreement?
Assuming the former firm represented both parties, the opinion found a Rule 4-1.9 conflict if the lawyer obtained confidential information about the agreement, but none if the lawyer did not. An…
Could a lawyer run a separate investigation business and use it to refer customers to the law practice?
The opinion permitted the separate investigation business, but barred its use for law-practice referrals as in-person solicitation under Rule 4-7.3(b). It treated conflicts of either business as…
Could a lawyer represent a client against the client of an attorney sharing office space?
Yes, if the practices truly shared only space and expenses and maintained separate files, client information, staff instructions, signage, and advertising. Without that separation, the opinion…
Did current defense counsel have to report former counsel's disclosure after a court overruled confidentiality objections?
No. On the stated facts, the opinion answered that Rule 4-8.3 did not require a report of former counsel's in-court disclosure after the confidentiality issue had been raised and the court overruled…
Could a lawyer copy the opposing party on a settlement offer sent to that party's lawyer?
No. The opinion said the proposed copy to the represented opposing party would violate Rule 4-4.2, even where the lawyer would neither seek nor accept direct contact.
Which defense and special-prosecutor matters could a part-time county prosecutor and private firm handle?
The opinion allowed some federal and out-of-county municipal defense work, special-prosecutor work, and certain juvenile-officer matters, but barred Missouri state criminal defense and County A…
Could a paralegal sign a lawyer's name to correspondence or pleadings?
Yes, document by document, after the lawyer reviewed, supervised production, and approved the content. The paralegal had to indicate that the signature was placed by the paralegal.
Could a lawyer join a credit-card merchant program that referred customers in exchange for a twenty-percent participation fee?
No. On the stated facts, the opinion found that participation would violate Rule 4-5.4(a)'s ban on nonlawyer fee splitting and Rule 4-7.2(c)'s ban on paying value for a referral.
Could a collection firm pay nonlawyer employees an incentive based on a percentage of an individual contingent fee?
No. The opinion found the proposal violated Rule 4-5.4(a); any profit-sharing plan had to relate generally to firm profits, not a fee or profit on one matter.
When could a lawyer destroy an original client file or file copies?
The opinion said the original file belongs to the client and should not be destroyed without consent; items held for safekeeping with inherent value could not be destroyed. A lawyer could set a…
Could a lawyer contracted by a state agency represent other clients before that agency's hearing process?
No. The opinion found a Rule 4-1.7 conflict even though the contracted services did not involve hearings, and barred representation of others before the agency and litigation opposing any state…
Could a lawyer credit an existing client's account for referring a new client?
No. The opinion found that even a small credit for a client referral violated Rule 4-7.2(c)'s ban on giving value in exchange for recommending the lawyer.
Could an insurance agent collect will information for a lawyer and send the customer to sign a prepared will?
The opinion rejected the proposed arrangement for solicitation, confidentiality, or both, with an additional unauthorized-practice issue if the agent selected the estate plan. It allowed a general…
Did a lawyer's general firm-change notice to former clients need Rule 4-7.3 advertising language?
No, if the letter or announcement merely notified former clients of the firm change. The opinion said the language was required when the lawyer also addressed a particular matter the former client…
Could a lawyer serving as an officer and adviser to a business use the title 'of counsel' there?
The opinion allowed identification as counsel if the lawyer actually served in that role, but rejected 'of counsel' because it misleadingly suggested that the business was a law firm.
Could a newly incorporated solo practice name former firm members and claim the predecessor's founding year on letterhead?
No. The opinion said the proposed references to the predecessor firm's members and its founding year would violate Rules 4-7.1 and 4-7.5.
What problems did the opinion identify in a direct-mail solicitation letter about compensation?
The opinion required ready public verification for compensation claims, found the 'fair compensation' claim potentially misleading, required a conspicuous costs notice, and distinguished personal…
Could a client agree to pay a fixed fee or another firm's fee from personal-injury proceeds?
Yes. The opinion approved each proposed arrangement if the client agreed, including withholding a fixed sum, delaying payment on a note, or paying another firm's fee from the proceeds.
Could one lawyer represent grandparents seeking guardianship and the child's mother in a related custody action?
Only if their interests and goals had no actual conflict and each consented after full disclosure. The opinion said a later actual conflict would likely require withdrawal from all representations.
Did a worker's discussion with another lawyer in the employer's firm create a conflict in a compensation case?
If the claimed conversation occurred, the opinion found a Rule 1.9(a) firm conflict requiring withdrawal unless the worker consented. It said screening was unavailable in a Missouri private firm.
Could a former prosecutor and former assistant's firm represent a defendant whose warrant issued during their tenure?
The former prosecutor was disqualified despite no personal knowledge; the former assistant was not on the stated facts and could proceed if the prosecutor was screened under Rule 4-1.11. Client…
Could a lawyer send charity members an estate-planning letter with the charity's brochure?
Yes, with the conspicuous advertising-material disclaimer required by Rule 4-7.3(a). The opinion treated the letter as a solicitation and identified no other apparent rule violation.
Could an estate lawyer testify about a deceased husband's information in a challenge to asset retitling?
Information from sole representation of the surviving wife could be disclosed, but the deceased husband's confidential information required the confidentiality issue to be fully raised and a court…
What must a firm determine before representing a client against a spouse previously represented by a partner?
Under Rule 4-1.9(b), the firm had to determine whether any member obtained confidential information in the former representation that could be used to the former client's detriment. The opinion…
What did this superseded opinion say about a solo lawyer using 'Law Firm' in a practice name?
The original answer barred the term under Rule 4-7.1 as misleading, but the official source labels it 'No longer valid' and points to contrary Informal Opinion 950232.
Could a former judge represent a party in a later family proceeding related to a matter the judge handled?
Only if both parties consented after disclosure. The opinion applied Rule 4-1.12 to later enforcement or modification proceedings related to three matters the lawyer had handled as judge.
Could a former assistant prosecutor represent another party in a zoning case once handled for the county director?
The opinion found a Rule 4-1.11(a) conflict even though the new representation was not adverse to the former client. It required the former client's consent after full disclosure.
What must a lawyer check before taking an unrelated case against a former litigation client?
Assuming the matters were not substantially related, the opinion identified a possible Rule 4-1.9(b) conflict and required determining whether information from the former representation could be…
What obligations did a lawyer have when joining an insurance agent's estate-planning seminar and hiring that agent?
Before the seminar, the lawyer had to ascertain that the agent's advertising was not false, misleading, or deceptive. Hiring the agent to help fund a client's trust was permitted with informed…
Under this historical opinion, which government employees could opposing counsel contact ex parte?
The opinion applied Rule 4-4.2 to bar contact with managerial employees and to condition nonmanagerial contact on imputation and binding-admission limits. Its source warns that the rule and comments…
Did ethics rules require counsel to report an uninsured judgment debtor to the Department of Revenue?
No general reporting duty was identified. The opinion said a report would not violate the professional rules and that the decision was to be made with the client, except insofar as reporting served…
Could one lawyer represent two divorce clients when one client's spouse might be involved with the other's spouse?
The opinion found no current conflict but identified potential conflicts, including information from one client useful to the other. It called for full disclosure and waivers from both clients…
Could a former judge represent a party in an estate or divorce matter after judicial action in it?
Only if all parties consented after disclosure. The opinion applied Rule 4-1.12 both to a contested estate after the judge signed letters of administration and to modification of a divorce decree…
Could a lawyer assess a direct-mail recipient's ability to exercise judgment only after the recipient responded?
No. Under Rule 4-7.3(c)(1), the opinion required the lawyer to assess the recipient's physical, emotional, or mental state before initiating any communication.
Under this historical opinion, could counsel interview a former management employee of an opposing party ex parte?
No. The opinion applied Rule 4-4.2 to bar the interview based on the witness's role at the time of the incident, but the official page warns that the rule and comments on former employees later…
Could a law firm create a separately named specialty subsidiary receiving profits through the parent?
Yes. The opinion found no rule violation, but required communications about either firm to disclose their relationship and treated each firm's conflicts as conflicts of both.
Could a prosecuting attorney represent a custodial parent when child-support enforcement was also a party?
Yes, if their interests were not adverse. The opinion identified a conflict if a dispute arose between the parent and enforcement division, such as over who was entitled to recovered funds.
After claims against former employee defendants were dismissed, could opposing counsel contact them without their lawyers?
The opinion said no under Rule 4-4.2; counsel could contact them through their own lawyers, and contact agreed to by those lawyers would not violate the rule. The official source warns that…
Did ethics rules require a lawyer to disclose an adverse expert opinion in a workers' compensation case?
If discovery and other applicable disclosure requirements did not apply, the opinion found no ethics-rule duty to disclose. It still barred express or implied claims to counsel or the tribunal that…
Must a lawyer report opposing counsel who continued settlement and discovery after the client's death without disclosing it?
Yes. The opinion applied Rule 4-8.3(a) and said the reporting lawyer could ask not to be treated or identified as a complainant under Missouri Supreme Court Rule 5.
Could a suspended lawyer coach a self-represented trial party on evidence rules for that party's case?
No. Because the coaching would prepare the individual for a specific pending case, the opinion classified it as unauthorized practice of law.
Which city-related matters could a council member's firm handle, and could a former partner continue them?
The opinion generally allowed cases with city police witnesses, but barred cases adverse to the city and municipal defense. Screening or fee segregation did not cure those conflicts; a former…
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.