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 use an imminent trial case's proceeds or an assignment of its claims to pay fees owed in other cases?
No. The opinion rejected both an agreement to use the proceeds beyond a statutory lien and an assignment of the client's claims for fees owed in other cases.
When did law-firm announcements, brochures, and newsletters need fee or advertising disclaimers?
The submitted materials fell under Rule 4-7.2 or 4-7.3, with a contingent-fee disclaimer if they mentioned such fees. The advertising label applied only for a recipient known to need the services in…
Could defense counsel interview a juror after an opposing party alleged misconduct?
The opinion identified no professional-rule prohibition. It said the juror could decline to speak and cautioned counsel to avoid conduct or questions that might be viewed as harassment.
Could counsel pay a treating physician from settlement funds without the client's consent when the trust account faced garnishment?
The opinion permitted payment only with client consent. If consent was withheld and the claim persisted, it required interpleader and barred removal of trust funds without consent except under an…
Did a lawyer's free legal book and offer letter count as advertising, and when was a disclaimer needed?
Both the letter and book distribution counted as advertising. Rule 4-7.3(a)'s label was unnecessary unless sent to someone known to need the offered legal services in a particular matter.
Could a lawyer pay for a business-association directory listing that described practice areas without claiming specialties?
The opinion accepted the described format, which carried no association endorsement. It left the acceptability of each lawyer's actual advertisement content to separate review.
Could a lawyer use set fees with brief, intermediate, and extended service levels?
The opinion said Rule 4-1.5 permits the proposed schedule if the fees are reasonable. Rule 1.4(b) requires the lawyer to explain the service-level terms adequately to clients.
Could a lawyer's certified-mail service cover letter explain the effect of action requested from an unrepresented opposing party?
The opinion permitted a letter explaining what was enclosed and requested, but said explaining the effect of the recipient's action would be legal advice violating Rules 4-1.7 and 4-4.3.
What disclosure and judgment did the opinion require when an estate lawyer offered a client life insurance?
The opinion said the lawyer appeared to meet Rule 4-1.8(a) except for expressly disclosing the commission or other financial interest. Rule 4-1.7(b) would be violated if the recommendation rested on…
Did an out-of-state lawyer engage in unauthorized Missouri practice by preparing, executing, and recording a deed?
The opinion answered no, provided all of the work was done in the other state.
What did the opinion say a trustee should do with a deceased lawyer's closed client files?
It said Rule 5.24 allows a trustee to wind up the deceased lawyer's practice, including the bankruptcy trustee if appointed, and the appointed practice trustee should try to return the files to clients.
Did a mother's changed position in a guardianship case require withdrawal from that case and her separate injury case?
The opinion required withdrawal from the guardianship matter under Rule 4-1.7 because the family would consider the lawyer their counsel there. It did not require withdrawal from the mother's…
Could a lawyer jointly represent parents and their injured child if parental comparative negligence might arise?
The opinion found a Rule 1.7 conflict. Joint representation required a determination that neither relationship would reasonably suffer and informed consent, including consent for the child from a…
Could a corporation's lawyer represent one shareholder against another in a corporate-assets suit?
The opinion said no without both shareholders' consent because the lawyer's prior corporate work was extensive enough that the lawyer was also viewed as representing both shareholders.
Did representing an estate client conflict with a former DWI client likely to testify adversely?
Under Rule 4-1.9(b), the opinion found no conflict unless the lawyer had obtained confidential information in the DWI representation that could be used to the former client's disadvantage in the…
Could city general counsel who backed up the city prosecutor take criminal defense cases outside the city?
The opinion said yes when the cases arose outside city boundaries and city personnel had no part in investigation, arrest, or detention.
Could defense counsel or an investigator question prosecution-endorsed witnesses without the prosecutor?
The opinion said yes. Witnesses who were not the lawyer's clients had to understand that the lawyer did not represent them and that they should seek independent counsel for legal questions.
When could a lawyer rely on one person or a referring lawyer to authorize representation of others?
The opinion required direct verification or authorization for co-owners, business owners, partners, and a son named by his father, with a narrow emergency exception. It allowed reliance on a…
Must a lawyer disclose a client's home address when a judge requests it?
The opinion said no because the address was confidential under Rule 4-1.6. If the judge ordered disclosure after confidentiality was fully presented, the lawyer could comply without appealing.
Could a lawyer generally accept credit cards for payment of fees?
The opinion answered yes as a general rule, without approving every implementation. It said Formal Opinion 112's former fee-splitting prohibition had been withdrawn in 1982.
Could a lawyer share fees earned during a partnership with a former partner who had become a judge?
The opinion permitted sharing to the extent the fees were earned during the partnership, apportioned under the partnership agreement. It suggested the former partner might seek a Judicial Commission…
Could a divorce lawyer prepare an entry of appearance for the unrepresented opposing spouse?
The opinion permitted a very simple entry and a cover letter with clear representation disclosures, but prohibited drafting a responsive pleading for the opposing spouse.
Did a mailing to former estate-planning clients about updating their plans need the prospective-client solicitation disclaimer?
The opinion said no when the lawyer followed up on earlier representation in the same matter. It said the requirement might apply to a former client in another situation, depending on the circumstances.
Could counsel to a government official sue another government official in private practice?
The opinion said no, finding a conflict of interest under Rule 4-1.7.
Could a prosecutor or assistant handle a criminal investigation related to the prosecutor's civil client?
The opinion said neither the prosecutor nor assistants could handle the criminal matter; only a special prosecutor could. It said withdrawing from the civil case was too late to cure the conflict.
Did the title general counsel create different professional duties than legal or corporate counsel?
The opinion said no: actual duties depended on the lawyer's role, regardless of title. It suggested reconsidering a title that might mislead people within the organization about that role.
Could a lawyer's professional corporation use only its trade name on letterhead while using both names in advertising?
The opinion said Rule 4-7.1 required both the trade name and professional-corporation name on letterhead as well as advertising.
Could the first lawyer receive 10% of a one-third fee after an associated out-of-state lawyer tried the case?
On the stated facts, the opinion found that a 10%/90% division between the two lawyers would not violate Missouri Rule 4-1.5(e).
Could a fee agreement require binding arbitration of every dispute, including malpractice claims?
The opinion found that a fee agreement requiring binding arbitration of any dispute, including malpractice claims, would not violate the Rules of Professional Conduct.
Must a prosecutor seek a special prosecutor because of social and former-client ties to the victim?
The opinion said no, unless those relationships would affect the prosecutor's independent exercise of discretion.
May law firm staff use business cards?
The opinion said yes, if the staff business cards are truthful and not misleading.
Could a state agency lawyer privately represent a person against the state or another state official?
The opinion said no to the proposed private representation against the state, another state agency, or a state official.
Did a firm's ongoing juvenile-office representation conflict with criminal defense work?
The opinion found a conflict for the lawyer and firm under the ongoing annual-fee arrangement, but distinguished case-by-case appointments from blanket disqualification.
Was written consent enough when a lawyer for a corporation proposed suing its controlling corporation?
The opinion identified a conflict and said the lawyer should ensure full disclosure to each client, awareness of the option for independent counsel, and written documentation in addition to the waiver.
Was the contingent-fee cost disclaimer required even when the lawyer would not charge costs after a loss?
The opinion said the disclaimer was required under Rules 4-7.2 and 4-7.3, and the lawyer could explain that costs would not be charged despite the required disclaimer.
Could a municipal prosecutor also serve as judge for another municipality in the same county?
The opinion said yes, and said the lawyer should seek the judicial commission's opinion on the Code of Judicial Conduct.
Could a lawyer handle isolated juvenile-officer cases while defending adults in criminal cases?
The opinion said yes because the juvenile-officer representation occurred only from time to time on isolated cases.
Could a lawyer call businesses with no prior relationship to offer a firm resume?
The opinion said those telephone contacts were prohibited under the limited personal-contact solicitation exceptions in Rule 4-7.3(b).
When did former guardian ad litem work conflict with later representation?
The opinion found the bank matter nonconflicting under Rule 4-1.9(a) absent usable confidential information, but found a conflict in the later custody-order modification matter.
What did the opinion say about disputed proceeds claimed by a health care provider?
If the lawyer was not party to the provider agreement, the opinion allowed payment to the client or holding the funds; if the lawyer participated, it required holding them and, if unresolved in…
Could a lawyer offer a free estate-planning seminar and limit a free consultation to attendees?
The opinion allowed the free seminar without solicitation, but said the advertised free consultation could not be limited to attendees.
Could a lawyer give a testimonial to another business in hope of client referrals?
The opinion warned the uncontrolled testimonial might mislead under Rule 4-8.4(c) and found that giving it for referrals violated Rule 4-7.2(c).
Could a lawyer send an unrepresented spouse an entry of appearance and instructions to sign it?
The opinion allowed the contact under Rules 4-1.7 and 4-4.3 if the cover letter made clear whom the lawyer represented and advised the spouse to consult independent counsel with questions.
What did the opinion require after a client obtained confidential documents from opposing counsel's staff?
The opinion said to ask the client's permission to notify opposing counsel how the documents were obtained; without consent, the lawyer should withdraw and return the documents to the client.
Must an occasional consultant be named in another lawyer's advertisement?
The opinion said neither the consultant nor the consultant's firm had to be named; the other lawyer had to obtain client consent and check conflicts before bringing the consultant into a matter.
Could a prosecutor represent a claimant against a state agency in a workers' compensation case?
The opinion said no because that representation would be a conflict of interest.
What duties applied when a title company paid a lawyer to serve members of the public?
The opinion required Rule 4-1.8(f) procedures, independence under Rule 4-5.4, and recognition that each member of the public became a client for confidentiality and conflict purposes.
Could members of a city counselor's firm defend municipal ordinance cases using a screen?
The opinion said no under Rule 1.7(a), and said screening did not resolve the conflict because the rules allowed it only for successive government and private employment.
Did radio and television ads require a recipient mental-state check, and could insurer counsel contact a represented opponent?
The opinion said the mental-state check did not apply to general advertising under Rule 7.2, and Rule 4-4.2 barred direct contact with a represented opponent about the matter.
Could a former prosecutor represent A against B after filing a child-support withholding motion at B's request?
The opinion said no; the proposed child-support and custody modification representation would violate Rule 4-1.9.
Which lease-review activities could a lawyer's general business corporation perform?
The opinion distinguished checking that a lease reflected the business deal from assessing adverse terms, inserting clauses, or commenting on them; the latter activities were law practice a general…
Could a lawyer contact a litigant corporation's parent or upstream shareholder directly about settlement?
The opinion barred direct contact with the parent under Rule 4-4.2, allowed contact through its counsel, and allowed direct contact with the upstream shareholder unless it controlled the parent.
Could a lawyer co-sign a consumer loan for a personal-injury client?
The opinion said co-signing the proposed loan would violate Missouri Rule 4-1.8(e).
Could a legal aid office represent one party after both sides sought its help in a domestic-relations case?
In either application sequence, the opinion allowed representation of a qualifying party only through a contract lawyer with no access to the other party's intake information.
Could a marketing firm mail lawyer-signed solicitation letters using a police-report database?
The opinion said the proposed system inherently violated Rules 4-7.3(c) and 4-5.3 because the lawyer had to assess solicitation exceptions and supervise the nonlawyer agent.
Did a quickly earned advance retainer still have to be kept in a trust account?
Under the rule version addressed, the opinion required a trust account even for a short holding period and an IOLTA account if interest-bearing unless interest could be paid to the individual client.
Did a prosecutor's office face a conflict in cross cases where each defendant was a witness in the other case?
The opinion found no office conflict and allowed witness preparation without defense counsel present, while saying counsel should have an opportunity to attend and the other case should be kept out…
Could a lawyer owning over 5% of a corporate client prospectively limit negligence liability if it had independent counsel?
The opinion said no; the proposed liability-limiting contract was prohibited by Rule 4-1.8(h).
Did a discharged contingent-fee lawyer violate the rules by offering to accept less on an asserted lien?
The office found no violation on the information available and declined to decide the factual reasonableness of the asserted fee in an informal opinion.
Could a contingent fee include interest earned on verdict proceeds held in the court registry?
The opinion said yes if the written contract clearly provided for it under Rule 4-1.5(c), with interest calculated according to whether the agreed fee used gross or net recovery.
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.