Informal Opinion Number: 960187

QUESTION: Attorney represents a client in filing an application for Letters of Administration in an estate. Attorney has now learned that the client purposely did not provide complete information about possible heirs. The client does not want Attorney to disclose information about the additional heir to the court. What should Attorney do? ANSWER: Attorney should counsel the client to make full disclosure to the court and Attorney should counsel the client regarding the ramifications of failing to do so. If the client refuses to do so, under Rule 4-3.3, Attorney should take action to correct the erroneous information provided to the court and Attorney should withdraw.

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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