Question: Lawyer represents a client in a dissolution action. Client has been charged with domestic assault concerning his spouse. Lawyer would like to condition dissolution settlement upon the client’s spouse requesting the dismissal of the domestic abuse charge and/or declining to cooperate in the criminal prosecution. Lawyer asks if it is permissible to request such conditions?

Answer: Lawyer’s proposal would violate Rule 4-8.4(d) as conduct prejudicial to the administration of justice. See also Missouri Formal Opinion 122 and Informal Opinion 2019-02. This is because a civil settlement that requires the dismissal of criminal charges is contrary to public policy concerns of holding criminal perpetrators accountable and deterring repeated criminal offenses.

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: http://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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