Informal Opinion Number: 950018

QUESTION: Attorney represented a client and withdrew when he learned that his client may be involved in fraud related to the matter. Attorney has now been subpoenaed to testify about the situation in a proceeding before an administrative law judge. May Attorney testify? ANSWER: If the former client does not consent, Attorney may not testify unless ordered to do so by the administrative law judge after the issue of confidentiality under Rule 4-1.6 has been fully raised and Attorney has been ordered to testify. Attorney should seek to have any such order as specific and limited as possible. Attorney will not be required to appeal the ruling of the administrative law judge.

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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