Informal Opinion Number: 940033

QUESTION: Attorney has a client who has been charged with passing a bad check. The client states that he did not intend to defraud or know that the check would not be paid. Attorney believes the client. In order to plead guilty, the client must state the opposite of what he has told Attorney because an “Alford plea” is not an option. The client wants to plead guilty for economic reasons. ANSWER: Under Rule 4-3.3, Attorney may not assist his client in providing false information to the court. That rule also prohibits Attorney from standing silent while the client provides false information. If the client insists on providing false information, Attorney must seek leave to 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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