940070 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 940070

Rules: 5.5;4.3;1.7(a)

Law Firms and Associations

Unauthorized Practice of Law

QUESTION: Attorney represents a client on a real estate contract. A person (X) who is not an attorney or a real estate professional comes to Attorney´s office with client and informs Attorney that X has negotiated the contract for client. X has been advising client on possibly conveying the real estate to a charitable trust which client has established and of which X is trustee. (1) Should Attorney advise X that X is violating the law? (2) Should Attorney report X to the proper authorities? (3) Should Attorney inform client that X is engaging in the unauthorized practice of law? (4) Should Attorney refuse to represent client further in this situation? ANSWER: (1) Attorney should not advise X of anything because X would become a client and this would create a conflict with Attorney´s current client under Rule 4 dash–1.7(a). (2) Yes. (3) Attorney should advise client of the concerns using Attorney´s legal judgment. (4) Attorney may continue to represent client as long as X has no further involvement in the transaction. Attorney must advise client of the ramifications of having a third party present during attorney-client conferences.

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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