Informal Opinion Number: 950249

QUESTION: Attorney represents the plaintiff. May Attorney send a copy of a settlement offer directly to the insured if the insured is only represented by an insurance adjuster at the time? May Attorney send a copy of a settlement offer directly to the insured if the insured is represented by an insurance adjuster and an attorney hired by the insurance company and the insured is likely to have liability beyond the insurance limits? ANSWER: Attorney may send a copy of a settlement offer directly to the insured if Attorney does not know or have reason to know that the insured is represented by counsel, regardless of the involvement of an adjuster. If the insured is represented by any attorney, including one who is hired by the insurance company, Rule 4-4.2 applies and Attorney may not communicate directly with the insured.

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: http://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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