Informal Opinion Number: 930135

QUESTION: Attorney represents guardian and conservator and helped her file annual settlement. Attorney obtains information from conservator to file next settlement. The information indicates that conservator may have misappropriated funds. Conservator resigns. What should attorney do about filing settlement and communicating the information to the court or the bonding company? ANSWER: Attorney may not communicate the information to the court or the bonding company unless conservator consents. Attorney may inform the bonding company that the conservator resigned. Under Rule 3.3 attorney may not file anything with the court which is false or contains omissions. Therefore, attorney must either refrain from filing the settlement or must file it with complete and accurate information. Attorney must try to persuade conservator to file a complete and accurate settlement. If conservator will not do so, attorney must withdraw.

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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