20060053 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20060053

Rules: 4–1.6; 4–1.16;

Client-Lawyer Relationship

Confidentiality of Information

Subject: Client Misconduct; Confidentiality; Estates, Wills, and Trusts; Withdrawal from Representation

Summary: trustee misappropriating funds of trust

QUESTION: Attorney has reason to believe that a Trustee misappropriated, and perhaps stole, funds from a Trust. Since Attorney represented the Trustee,is Attorney permitted to notify and inform the other beneficiaries of the Trustee’s management of the Trust and of Attorney’s suspicions? To Attorney’s knowledge, the other beneficiaries have received no information regarding the Trust, and they have not contacted Attorney.
ANSWER: Attorney may not disclose the information to the other beneficiaries, unless Attorney has the consent of the Trustee. If the Trustee will come forward with the necessary information, Attorney may continue to represent the Trustee in attempting to resolve any problems. It is permissible for Attorney to advise the Trustee that Attorney will withdraw if the Trustee is unwilling to take the steps Attorney believes to be necessary, including consenting to disclosure to the other beneficiaries. It is also permissible for Attorney to withdraw, at this point, regardless of the steps the Trustee is willing to take. If the Trustee is not willing to take the steps necessary to resolve the problem and Attorney believes that the Trustee’s conduct is fraudulent or criminal, Attorney must withdraw if Attorney’s representation would assist the fraudulent or criminal activity.

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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