QUESTION: Attorney A was present at a deposition at which Attorney B sought a continuance of the deposition. The deposition was of a non-party witness. When the other attorneys would not agree to continuing the deposition, Attorney B entered his appearance for the witness and instructed the witness to leave the deposition. The witness was under subpoena. The interests of the witness are potentially adverse to the party whom the other attorney was representing. Must Attorney A report the Attorney B under Rule 4-8.3(a)? ANSWER: If Attorney B entered into a conflict of interest by appearing for the non-party witness, Attorney A must report Attorney B´s conduct to this office.

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.

To request an Informal Opinion, please visit: https://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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