Formal Opinions Search

Formal Opinions are issued by the Advisory Committee pursuant to Rule 5.30(a) as to the interpretations of Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law), and are binding. All current Formal Opinions are available below.

Opinion Number: 128

Adoption Date: May 18, 2010, as amended October 24, 2018

Rules: 4–1.5, 4–1.15

Subject: Fees - Flat Fees; Fees - Generally; Trust Accounts and Safekeeping Property

Summary: Nonrefundable Fees

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Opinion Number: 127

Adoption Date: May 19, 2009

Rules: 4–1.6, 4–1.1, 4–1.22

Subject: Client Files; Confidentiality; Trust Accounts and Safekeeping Property

Summary: Scanning client files

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Opinion Number: 126

Adoption Date: May 19, 2009

Rules: 4–1.7, 4–3.8, 4–8.4(d)

Subject: Conflict of Interest - Current Client; Criminal; Misconduct - Conduct Prejudicial to the Administration of Justice

Summary: Waiver of post-conviction relief

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Opinion Number: 125

Adoption Date: November 13, 2008, as updated January 18, 2022

Rules: 4–1.8(e), 4–1.15, 4–8.4

Subject: Financial Assistance to Client; Misconduct - Generally; Trust Accounts and Safekeeping Property

Summary: Agreeing to indemnify opposing party as term of settlement

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Opinion Number: 124

Adoption Date: August 20, 2008

Rules: 4–1.0(e), 4–1.2, 4–1.4

Subject: Collaborative Law; Communication with Unrepresented Persons; Dispute Resolution; Scope of Representation

Summary: Collaborative Law

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Opinion Number: 123

Adoption Date: March 8, 2006

Rules: 4–1.4, 4–8.4(c)

Subject: Communication with Clients; Communication with Unrepresented Persons; Misconduct - Generally; Recording Conversations

Summary: Secret electronic recording of a conversation with a nonclient is not a violation, absent other circumstances

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Opinion Number: 122

Adoption Date: March 8, 2006

Rules: 4–1.8(h), 4–8.4(d)

Subject: Disciplinary Complaint; Malpractice (See also Mistake by Lawyer); Misconduct - Conduct Prejudicial to the Administration of Justice

Summary: Settlement term prohibited that requires withdrawing, refraining from filing, or declining to cooperate regarding a complaint.

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Opinion Number: 121

Adoption Date: April 5, 2006

Rules: Preamble, Rule 4–5.4, Rule 4–5.5, Rule 4–6.1

Subject: Nonprofit Organizations; Pro Bono; Professional Independence of Lawyer; Unauthorized Practice of Law; Multijurisdictional Practice of Law

Summary: Representation by nonprofit corporation attorney

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Opinion Number: 120

Adoption Date: March 26, 1997

Rules: 4–1.7

Subject: Conflict of Interest - Current Client; Conflict of Interest - Personal Interest

Summary: Conflict of Interest re: Missouri Supreme Court Rules 24.035 and 29.15

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Opinion Number: 119

Adoption Date: August 30, 1990, as updated Janury 18, 2022

Rules: 4–1.8(e), 4–8.4

Subject: Conflict of Interest - Prohibited Transactions (see also Business Transaction with Client); Financial Assistance to Client; Misconduct - Generally

Summary: Advancing funds

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Opinion Number: 118

Adoption Date: October 21, 1988

Rules: 4–1.15

Subject: Trust Accounts and Safekeeping Property

Summary: Unused client funds remaining in trust account

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Opinion Number: 117

Adoption Date: October 21, 1983

Rules: 4–8.1

Subject: Disciplinary Complaint; Misconduct - Generally

Summary: Attorney, who fails to cooperate with a disciplinary committee, may be charged with additional grounds of misconduct under Rule 4, DR1-102(A) (5) & (6).

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Opinion Number: 115

Adoption Date: March 4, 1988, as amended

Rules: 4–1.15, 4–1.22

Subject: Attorney's Liens; Client Files; Fees - Generally; Trust Accounts and Safekeeping Property

Summary: Attorney may not withhold property belonging to his client to enforce payment of fees or expenses

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