950012 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 950012

Rules: 4.2

Transactions with Persons other than Clients

Communication With Person Represented by Counsel

QUESTION: Attorney asks about the proper procedure for sending a prejudgment interest demand letter pursuant to section 408.040, RSMo. May the letter be sent directly to the opposing party even when that party is represented by counsel. Attorney believes that this is what the statute requires. ANSWER: In light of Attorney´s uncertainty of the interpretation of the statute, Attorney should contact opposing counsel and request opposing counsel to accept notice on behalf of the defendant. If opposing counsel refuses, Attorney may proceed to serve the defendant directly. If opposing counsel consents to receiving the notice on behalf of the defendant, Attorney may not directly send the notice to the defendant.

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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