940165 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 940165

Rules: 1.4

Client-Lawyer Relationship

Communication

QUESTION: Attorney asks a number of questions in which a client indicates that the client has the authority to speak for other clients and whether Attorney may proceed without direct verification. Question 1. Client A indicates that A and B own property which was damaged and they want to file suit against a 3rd party. Must Attorney verify this with B? Answer 1. Yes. Attorney must verify this information before filing suit unless it is an emergency situation. If it is an emergency situation, Attorney must verify the information as soon as possible. Question 2. If a partner or co-owner wants to file suit and indicates that the other partner is inactive and has given all necessary authority to the active partner, what must Attorney do to verify this? Answer 2. Attorney should obtain authorization from all partners before representing the partnership. Whether that authorization is written or oral will depend on the circumstances. Question 3. Husband and Wife jointly own a small business. Only one is active in the business. Must Attorney obtain authorization from both before representing the business? Answer 3. Yes. Question 4. What if the business is a corporation? Answer 4. Attorney must determine that the individuals with whom Attorney is dealing have authority to act on behalf of the corporation. This authority may be with regard to the individual situation or ongoing authority. The issue of what specific action must be taken by the board of directors, etc., is a legal issue not addressed by the Rules of Professional Conduct. Question 5. What must Attorney do to verify the information when a case is referred from another attorney? Answer 5. Attorney may rely on the representations of another licensed attorney unless Attorney has reason to doubt the credibility of the other attorney. Attorney should make sufficient inquiry of that attorney to be assured that all of the information has been obtained that would have been obtained if Attorney dealt with the client directly. Question 6. Attorney is asked by father to represent son on a traffic ticket. Must Attorney obtain authorization from the son directly? Does this differ if the son is away at college? Answer 6. Attorney must obtain authorization from the son directly regardless of where the son resides.

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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