Informal Opinion Number: 20000132

Rules: 4-8.3; 4-7.3
Maintaining the Integrity of the Profession
Reporting Professional Misconduct
Summary: solicitation

QUESTION: Attorney´s firm represents creditors in their attempts to collect amounts owed to them by their debtors. Attorney has recently become aware of attorneys who are soliciting those debtors for representation in bankruptcy by sending them a letter. These letters appear to Attorney to be in violation of Rule 4-7.3. Attorney is aware that Attorney is required by Rule 4-8.3(a) to report violations of the Rules of Professional Conduct. Are the potential violations described at a level that should be reported?
ANSWER: If Attorney believes that an attorney has violated the provisions of Rule 4-7.3, Attorney should report that attorney to this office so that we can make an independent determination regarding whether a violation has occurred.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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