QUESTION: Attorney is current defense counsel. Attorney asks whether Attorney has a duty under Rule 4-8.3 to report previous defense counsel for disclosing confidential information. The information was disclosed in court after current defense counsel raised the issue of confidentiality to the court and current defense counsel´s objections were overruled. ANSWER: Based upon the information provided, the answer is: “No.”

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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