2026-03 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 2026-03

Adoption Date: April 21, 2026

Rules: 4–1.2; 4–1.6; 4–1.16; 4–3.3

Client-Lawyer Relationship; Advocate

Scope of Relationship; Confidentiality of Information; Declining or Terminating Representation; Candor Toward the Tribunal

Subject: Candor to the Court or Tribunal; Confidentiality; Scope of Representation; Withdrawal from Representation

Summary: action required when lawyer learns client has provided false document in discovery response

Question: As part of a discovery request, Client produced a copy of a letter Client received from a third party. The letter is relevant to Client’s defense in the underlying lawsuit. Opposing counsel has requested to see the original letter. When Lawyer advised Client of opposing counsel’s request, Client confided to Lawyer that Client had altered the date of the letter on the copy produced. Client wants Lawyer to advise opposing counsel that Client no longer has the original letter. What are Lawyer’s ethical duties?

Answer: Lawyer cannot refuse opposing counsel’s request to view the original document as this would be assisting Client in Client’s fraudulent conduct. Rule 4 dash–1.2(f) and Comment [9] to the Rule. Because Client’s actions relate to the underlying lawsuit, Lawyer must take reasonable remedial measures to assure candor to the Court. Rule 4 dash–3.3(b); see also Informal Opinions 2020 dash–24 and 2020 dash–25. First, Lawyer should speak confidentially with Client, advise Client of Lawyer’s duty of candor to the Court, and seek Client’s cooperation in the withdrawal or correction of the document. Comment [10] to Rule 4 dash–3.3. If this fails, Lawyer is required to take further action. This includes seeking leave from the Court to withdraw from the representation and disclosing to the Court Client’s actions, even though such would reveal information which is otherwise protected by Rule 4 dash–1.6. Id., Rule 4 dash–3.3(b) and (c), and Rule 4 dash–1.16(a).

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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