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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Which referrals and follow-up contacts from a lawyer's other business did the opinion permit?
The opinion distinguished an independent referral from prohibited in-person or phone solicitation, allowed some mail only if Rule 4-7.3(c) exceptions did not apply, and required the law practice to…
When could a legal services program assign one lawyer to both parents in a juvenile matter?
For a potential conflict, the opinion required full disclosure and both parents' consent. If an actual conflict arose, the lawyer had to withdraw from both; when a conflict existed, the program…
Could a lawyer give a second opinion to someone already represented in a pending matter?
The opinion said yes, if the represented person initiated the contact.
Could an employee's lawyer call the employer-requested examination physician about a promised report?
The opinion said the limited status inquiry, without substantive discussion and under the stated circumstances, did not violate the Rules of Professional Conduct.
Could a lawyer for H in criminal cases later represent H's former spouse against him in a custody case?
Public-record knowledge alone did not disqualify the lawyer, but the opinion required the lawyer to review whether confidential information from representing H could disadvantage him; if so, the…
Could government agency staff lawyers defend ticketed employees when the agency favored a particular defense?
The opinion found a conflict and said the government agency could not waive it.
What did the opinion permit when a lawyer for a conservator suspected estate-fund misappropriation?
The opinion treated the information as confidential under Rule 4-1.6, required an attempt to persuade the conservator to remedy it, and directed withdrawal and unexplained return of the check to…
Could an out-of-state lawyer residing in Missouri practice there under visiting-attorney Rule 9.03?
The opinion said no to the proposed practice by a Missouri resident not licensed in Missouri.
How did the opinion direct a firm to handle trust-account funds it could not fully identify?
The opinion required separate trust holding and continued tracing; amounts tied to files needed interest accounting, and untraced amounts could not go to the firm without proof they were firm funds.
Could a lawyer leave a brochure for clients and customers at other businesses?
The opinion approved the submitted brochure and the stated distribution if the lawyer paid nothing of value to the other businesses, while cautioning against prohibited in-person solicitation.
Must a public defender leave a second case after the client alleges ineffective assistance in the first?
The opinion found a conflict and said the defender had to seek withdrawal unless the client consented after full disclosure and independent-lawyer advice; another public defender office could…
Did Rule 4-8.3(a) require reporting a lawyer who appeared for a subpoenaed nonparty witness during a deposition?
The opinion made reporting conditional: if the appearance created a conflict of interest, the observing lawyer had to report the conduct to the Legal Ethics Counsel office.
Could a lawyer sue a county while a partner represented its industrial commission?
The opinion found a conflict, but said the partner's withdrawal from the County Industrial Commission representation would eliminate it.
Did a former adoption and dissolution matter require withdrawal from a new spouse's divorce case?
The opinion identified Rule 4-1.9 as the framework but declined to resolve the factual dispute or decide withdrawal, directing the issue to the court handling the case.
Could passengers waive a potential conflict when a mother and child were involved in the same accident?
The opinion allowed waiver of the potential conflict, said an independent person should act for the child, and required withdrawal from all clients if an actual conflict developed.
Could a lawyer sue a nominal plaintiff in another case while representing that person?
The opinion said no: filing suit against that current client created a Rule 4-1.7(a) conflict even though the client was only a nominal plaintiff.
Could a former guardian ad litem represent that person's guardian and conservator?
The opinion said that representation was a conflict under Missouri Rule 4-1.9.
Could spouses in separate law firms appear on opposite sides of a case?
The opinion required the husband's prospective client's informed consent for his own adverse case under Rule 4-1.8(i), but said other firm members were not disqualified and should disclose the…
Could a lawyer be a partner in two firms handling different work?
On reconsideration, the opinion permitted the arrangement if both firms appeared on each firm's public communications under Rule 4-7.1 and the firms were treated as one for conflicts.
Could a part-time city attorney defend a felony charge arising inside the city?
The opinion said no to the proposed local felony defense.
Could counsel for a corporate opponent contact a former employee's own lawyer about speaking with the employee?
The opinion said yes to contacting the former employee's own lawyer for permission on the stated facts.
Could a partnership's letterhead omit its component professional entities, and could a law firm be an LLC?
The opinion required identifying the professional corporations and LLCs along with the partnership name on letterhead and said a law firm could be an LLC.
Could a lawyer advertise and hold a free seminar on legal issues?
The opinion said the newspaper-advertised seminar did not violate the rules, but warned against solicitation during it under Rule 4-7.3(b).
How did the opinion address a nonlawyer adviser's involvement in a client's real estate transaction?
It said the lawyer should not advise the nonlawyer because that would create a conflicting client relationship, should report the concern and advise the client, and could continue only if the…
Did paid phone invitations and per-attendee radio ads for a free legal seminar violate the rules?
The opinion said phone invitations raised Rule 4-7.3(b) solicitation issues and solicitation at the seminar would violate it; a radio ad fee based on attendance, not hiring, did not violate the rules.
What could defense counsel say to a state witness asking about a subpoena or independent counsel?
The opinion barred legal advice to the witness under Rule 4-4.3, allowed suggesting the witness's own lawyer, barred arranging counsel for a self-incriminating witness, and required withdrawal if…
Could a flat-fee lawyer withdraw over client noncooperation, and what refund was owed?
The opinion said the lawyer could ask the court for leave to withdraw but declined to determine the refund amount because that required resolving facts.
Could a Missouri lawyer contact former employees of an opposing corporation in an out-of-state case?
Under the opinion's old rule analysis, former managers at any level were off limits to ex parte lawyer contact; other former employees required the Rule 4-4.2 comment analysis, and Missouri rules…
Could a firm member sue the city while another firm member served as a part-time municipal judge?
The opinion found a conflict, required the member handling the suit to withdraw, and said the city could not waive the conflict as a governmental entity.
Could a nonshareholder lawyer employee of a professional corporation serve as director and officer?
The opinion said yes.
Could class counsel accept members recruited by another class member who forwarded their fees?
The opinion said yes, but required direct confirmation and case communication before acting for them, with a Rule 4-1.16 refund if they changed their minds.
Could salaried County Juvenile Office counsel defend adult criminal cases in Missouri?
The opinion said no to adult criminal defense in any Missouri municipal or circuit court under the stated salaried role.
Could a prosecutor stay in a personal-injury suit after a ticket from the same accident was resolved?
The opinion said no, said Missouri could not waive the conflict, and said resigning as prosecutor at that point would not let the lawyer remain.
Could a sole remaining lawyer keep a firm name shared with a deceased and departed lawyer?
The opinion said yes to retaining the stated firm name while identifying the deceased member as deceased on letterhead.
Could a lawyer join a living-trust company's client-intake and document-review program?
The opinion said the described program violated Rules 4-1.6, 4-1.7(b), 4-5.3, 4-5.4, 4-5.5, 4-7.3(b), and 4-8.4(a).
Could a prosecutor dismiss a criminal nonsupport charge in exchange for back child-support payment?
The opinion said no, finding a conflict between the State's criminal-case interests and the child-support Division's civil-case interests under Section 454.513, RSMo Supp. 1993.
When could one lawyer represent both a driver and passenger after an accident, and what if consent failed?
The opinion required a no-adverse-effect assessment and each client's informed affirmative consent; if either refused, the lawyer had to leave both unless both agreed to continued representation of…
How did the opinion treat a lawyer in one firm serving as of counsel to another sharing office space?
The opinion required both firm connections on each firm's letterhead and public communications under Rule 4-7.1 and treated the two firms as one for conflicts.
Could a city prosecutor defend an out-of-city felony case involving no city officers?
The opinion said yes on the facts that the offense occurred outside the city and no city law-enforcement officers were involved.
Could a dissolution lawyer draft the unrepresented spouse's answer or waiver?
The opinion found both proposed drafting arrangements violated Rules 4-4.3 and 4-1.7 because they involved advice to the unrepresented spouse and, in the second scenario, assistance toward…
Could a lawyer convert a sole practice to a professional corporation but omit P.C. from letterhead and advertising?
The opinion said using the lawyer's name without P.C. on letterhead and advertising after conversion would violate Rules 4-7.1 and 4-7.5(f), in light of section 356.071, RSMo Supp. 1993.
Could a lawyer proceed with a necessary deposition after learning the third party threatened suicide if deposed?
The opinion required a full discussion with the client of legal and practical ramifications, including effects on the case and client, and said proceeding afterward would not violate the Rules of…
What must a defense lawyer do if subpoenaed about a client's exculpatory statement for another defendant?
The opinion required the lawyer to assert Rule 4-1.6 confidentiality and fully present it to the court; after doing so, the lawyer could comply with a court order without violating that rule.
Which civil matters could a new prosecutor handle, and would occasional co-counsel disqualify a defense lawyer?
The opinion allowed civil matters untouched by the prosecutor's office and said occasional case-specific co-counsel in separate offices would not disqualify the other lawyer; an ongoing relationship…
Could a lawyer change her personal name after marriage while continuing to practice under her prior name?
The opinion said continued use of the prior professional name would not violate the rules if it was consistent across the practice and matched the name on file with the identified Missouri authorities.
Could a lawyer withdraw after repeated discharge and return over a settlement-value disagreement?
The opinion said the lawyer could withdraw only while complying with Rule 4-1.16(d), including its restriction when withdrawal would materially adversely affect the client's interests.
Did a lay company's trust-and-will sales program, with an attorney opinion letter, violate ethics rules?
The opinion classified the lay company's and contractor's acts as unauthorized practice, said the lawyer assisted it, and also found violations of Rules 4-5.4 and 4-7.3(b).
Could a lawyer's name appear in a professional corporation's firm name if the lawyer held nonvoting or preferred stock?
The opinion said neither nonvoting common stock nor preferred stock would violate Rule 4-7.5 for inclusion of the lawyer's name in the firm name.
Could a defense lawyer assist a guilty plea if the client would have to tell the court facts the lawyer believed false?
The opinion said Rule 4-3.3 forbade assistance or silence while the client gave false information; if the client insisted, the lawyer had to seek leave to withdraw.
Could a legal services program pay counsel for both spouses seeking dissolution after collecting each applicant's information?
The opinion identified Rules 4-1.7 and 4-1.8(f) conflicts and confidentiality problems, required a specific plan before giving an opinion, and said the program could not retain financial control.
Could a lawyer enroll clients in a credit card program used only to pay legal fees?
The opinion said Rule 4-1.7(b) conflict concerns could be addressed with full disclosure and written client consent, including financing terms, interest rate, and the lawyer's financial benefit.
Could a title company's nonlawyer staff draft easement deeds from forms?
The opinion classified that drafting as unauthorized practice of law and said a lawyer assisting it would violate Rule 4-5.5.
Could a hearing officer preside when a close in-law regularly appeared as a party?
The opinion allowed the hearing officer to preside after full disclosure of the relationship and consent of all parties, while declining to interpret the Code of Judicial Conduct.
Could a lawyer report a Medicaid client's injury settlement after the client withdrew consent and discharged the lawyer?
The opinion said reporting without client consent would violate Rule 4-1.6; the lawyer should counsel the client about statutory duties and, if consent remained withheld, stay silent and withdraw…
Could bank counsel mention possible criminal liability in a collateral demand and tell a debtor about federal reporting?
The opinion allowed the criminal-consequence statement with a good-faith basis and no actual prosecution threat; it allowed notice of required federal reporting unless law prohibited it.
Could a lawyer and planner refer clients to each other without fees, and distribute cards and pens through Welcome Wagon?
The opinion barred an exclusive reciprocal referral agreement under Rules 4-7.2(c) and 4-7.3(b), allowed nonobligatory willingness to accept referrals, and allowed general distribution of cards and pens.
Could a departing lawyer tell former-firm clients their choices and discuss remaining lawyers' experience?
The opinion allowed notice of the clients' choices and substantiated factual answers about qualifications, while applying Rule 4-7.1(d) to comments on remaining lawyers' experience.
Could corporate counsel join the client corporation's board and remain its lawyer?
The opinion identified a conflict, referred to Rule 4-1.8(a)'s steps for a business relationship, and warned of additional conflict opportunities under Rule 4-1.7(b).
Could a lawyer alert mental-health personnel about a former client's apparent danger?
The opinion said Rule 4-1.6 confidentiality still applied, but subsection (b)(1) allowed disclosure reasonably believed necessary to prevent a criminal act likely to cause imminent death or…
Could defense counsel seek withdrawal when a client refused to cooperate or disappeared after missing court?
The opinion allowed a motion to withdraw in either scenario but said the court retained authority to deny that motion.
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.