2026-07 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 2026-07

Adoption Date: April 21, 2026

Rules: 4–8.2

Maintaining the Integrity of the Profession

Judicial and Legal Officials; Misconduct

Subject: Judicial and Legal Officials; Misconduct - Conduct Prejudicial to the Administration of Justice

Summary: lawyer who makes a statement regarding a judge with reckless disregard as to its truth or falsity concerning the integrity of the judge engages in misconduct that is prejudicial to the administration of justice

Question: Lawyer is in open court representing Client before Judge. Judge makes an adverse ruling as to a motion made by Lawyer on behalf of Client on a pre-trial matter. Lawyer is outraged by Judge’s ruling, and states, “Do whatever you are going to do. I know you are not going to be fair to me, Judge. You are never fair to me.” Does Lawyer’s statement violate the Rules of Professional Conduct?

Answer: Lawyer’s statement to Judge likely violates Rule 4 dash–8.2: Judicial and Legal Officials, and Rule 4 dash–8.4: Misconduct. Rule 4 dash–8.2(a) states: “[a] lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.” Further, Rule 4 dash–8.4(d) provides that it is professional misconduct for a lawyer to “engage in conduct prejudicial to the administration of justice.” Such a statement by Lawyer is inappropriate under these Rules as it seems to question the integrity of Judge with reckless disregard as to its truth or falsity, and may be prejudicial to the administration of justice as it is heard by others in the courtroom and damages faith in the impartiality and fairness of Judge.

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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