Informal Opinion Number: 940046
Rules: 1.4
Client-Lawyer Relationship
Communication
QUESTION: Attorney represents a client in a case in which a third party has relevant information. Attorney has been notified that third party will commit suicide if deposed. The information cannot be obtained from any other source and the other side will not stipulate. ANSWER: Attorney has a duty to fully discuss the ramifications of proceeding with the deposition with the client. This discussion must include not only the purely legal issues but also the practical issues of the effect on the case and the effect on the client. After fully discussing the matter, Attorney will not be violating the Rules of Professional Conduct by proceeding.
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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