20010059 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20010059

Rules: 4–1.6

Client-Lawyer Relationship

Confidentiality of Information

Subject: Confidentiality; Declining Representation (see also Withdrawal from Representation); Prospective Client (see also Conflict of Interest - Prospective Client)

Summary: no confidentiality for information learned after lawyer declined representation

QUESTION: X has been sending letters to Attorney. X is not now and never has been a client of Attorney’s firm. Some time ago, X contacted a member of Attorney’s firm for representation, but Attorney’s firm rejected any representation. The letters sent by X seem to be escalating and becoming more hostile causing real concern within Attorney’s firm. There is at least one permanent restraining order against X at the current time. Attorney is genuinely concerned for the physical well being of the office and its personnel. May Attorney report this matter to various federal and state law enforcement agencies or obtain a restraining order against X?

ANSWER: Attorney may disclose information to anyone, if it is information Attorney received after Attorney clearly informed X that Attorney did not and would not represent him. The information Attorney has provided would not provide a basis for Attorney to provide information relating to X’s contact with Attorney’s office as a potential client. It is understandable that Attorney would consider the letters harassing and X unbalanced. However, there were no express or implied threats of bodily harm to Attorney, Attorney’s staff or any other person in the letters.

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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