20050032 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20050032

Rules: 4–1.8

Client-Lawyer Relationship

Conflict of Interest: Prohibited Transactions

Subject: Conflict of Interest - Prohibited Transactions (see also Business Transaction with Client)

Summary: requirements for client to give substantial gift to lawyer

Reference Notes:

Reference Note: Rule 4 dash–1.8, Conflict of Interest: Prohibited Transactions, was amended effective July 1, 2007. The amendment allows a lawyer to prepare an instrument giving the lawyer a substantial gift on behalf of a client if the lawyer and client maintain a close, familial relationship. This Informal Opinion predates this amendment. The reader should review the current requirements of Rule 4 dash–1.8(c).

QUESTION: For a number of years, Attorney has represented a couple, who were friends of Attorney’s family. Attorney prepared the original will and other documents. Husband died recently. Attorney is personal representative of Husband’s estate. Wife told Attorney she wants to make changes to her will and wants to leave Attorney a substantial sum of money. Attorney told Wife Attorney could not do that as her lawyer. Wife requested Attorney find another attorney to revise her will.

Attorney plans to call a respected attorney and tell that attorney of the situation. Attorney plans to give that attorney Wife’s phone number and request the attorney make contact with her. Attorney plans to advise the other attorney to discuss with Wife all of the negatives about leaving Attorney any bequest. Attorney will tell the other attorney to advise Wife that Attorney is not to know about the bequest. Attorney would not be named as personal representative in Wife’s new will. Is Attorney violating any disciplinary rule or ethics rule by undertaking the proposed action?

ANSWER: The proposed course of action will not violate the Rules of Professional Conduct.

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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