930076 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 930076

Rules: 3.3

Advocate

Candor Toward the Tribunal

QUESTION: Attorney represents husband in wrongful death case on death of wife. Husband dies during case. Husband is survived by children. Can attorney proceed with settlement negotiations without disclosing death of husband? How soon must attorney disclose death of husband? ANSWER: Attorney must disclose death of client to the defendant´s attorney and the court within a reasonable time. Attorney may not continue to actively negotiate without disclosure.

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/.