940161 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 940161

Rules: 4.3;1.7

Transactions with Persons other than Clients

Dealing With Unrepresented Persons

QUESTION: May Attorney prepare an entry of appearance and waiver of service for the opposing party in a dissolution case when that person is not represented by counsel? In many instances, the opposing party wishes to avoid the embarrassment of personal service. ANSWER: It would never be permissible to draft a responsive pleading for an unrepresented opposing party. However, the propriety of drafting the entry and accompanying cover letter is dependent on the actual language used. It is permissible under Rules 4 dash–4.3 and 4 dash–1.7 to draft a very simple entry of appearance and submit it to the other party. The cover letter should clearly indicate at the beginning that Attorney does not represent the opposing party and that Attorney does represent the other spouse. The letter should also indicate that the opposing party should consult an independent attorney if he or she has any questions.

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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