930142 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 930142

Rules: 1.6

Client-Lawyer Relationship

Confidentiality of Information

QUESTION: Attorney was prosecuting attorney. A private client told Attorney that the client had information about the county which the client indicated was the basis for a lawsuit. The client assisted another individual to bring suit against the county and county officials. Attorney has been asked to testify on behalf of the county regarding this conversation. ANSWER: The communication from the private client is confidential under Rule 4 dash–1.6. This opinion does not relate to the attorney-client privilege which is statutory and legal in nature. That privilege is not the same as the confidentiality referred to in Rule 4 dash–1.6. Attorney may only testify regarding that communication if the private client consents or if Attorney is ordered to do so by a court after the issue is fully presented to the court.

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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