2021-11 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 2021-11

Adoption Date: 2021

Rules: 4-4.2; 4-1.18

Transactions with Persons Other than Clients
Client-Lawyer Relationship

Communication with Person Represented by Counsel
Duties to Prospective Client

Subject: Communication with Represented Persons; Prospective Client (see also Conflict of Interest - Prospective Client); Second Opinion

Summary: second opinion from another lawyer while represented

Question: Lawyer B has been contacted by Client regarding possible representation in a dissolution of marriage matter. Client is represented by Lawyer A in the dissolution of marriage but is seeking a second opinion as to the representation, as Client believes that matter should be moving faster. May Lawyer B meet with Client without the permission of Lawyer A?

Answer: Yes, Lawyer B may meet with Client regarding possible representation in the dissolution of marriage matter without the consent of Lawyer A. See also Mo. Informal Opinion 980173. Comment [4] to Rule 4-4.2 provides that this Rule 4-4.2 does not “preclude communication with a represented person who is seeking advice from a lawyer who is not otherwise representing a client in the matter.” Client may choose to engage the services of Lawyer B or remain with Lawyer A. Client is a prospective client pursuant to Rule 4-1.18 when meeting with Lawyer B, and remains as such if no client-lawyer relationship ensues with Lawyer B for future conflicts of interest. If Client chooses to engage the services of Lawyer B, Lawyer A shall withdraw in accordance with Rule 4-1.16. Whether a lawyer-client relationship exists is a matter of fact and beyond the scope of the Rules of Professional Conduct. Scope [17].

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.

To request an Informal Opinion, please visit: https://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.