940025 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 940025

Rules: RPC

QUESTION: Question 1. In representing a bank, is it a violation of the Rules of Professional Conduct to inform the debtor that failure to deliver the collateral may be a criminal violation at the same time the demand for the collateral is made? Question 2. If a client bank is required by law to notify federal officials of criminal activity, may Attorney also give notice to the alleged perpetrator that the bank is required to notify the federal officials? ANSWER: Question 1. No, if there is good faith belief that the conduct would be criminal and if there is no actual threat to prosecute. Question 2. Yes, unless prohibited by law. Attorney should not counsel clients to ignore a federal law to gain an advantage in a civil matter.

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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