960006 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 960006

Rules: 3.5(b)

Advocate

Impartiality and Decorum of the Tribunal

QUESTION: Attorney represents a client in a judge-tried case. After the case is submitted, the judge contacts Attorney and indicates that the judge has decided to rule in favor of Attorney´s client. The judge instructs Attorney to prepare a draft judgment. Attorney prepares a draft judgment. Must Attorney send a copy of the draft judgment to opposing counsel at the time Attorney sends it to the judge? ANSWER: Yes. Unless the court has ordered that information be provided for in camera review and that it not be served on or shared with the opposing counsel or party, a copy of all written communications to the court should be served on opposing counsel. All oral communications should be in the presence of opposing counsel or outside opposing counsel´s presence with opposing counsel´s consent.

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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