QUESTION: Attorney B has entered into an “Of Counsel” relationship with Attorney A. Clients are advised that both attorneys may work on their cases. Question 1. May Attorney B sign Attorney B´s name on the letterhead of Attorney A? Question 2. If so, must Attorney B use the designation of “Of Counsel´? Question 3. Is Attorney B´s name required to be on the letterhead of Attorney A? Question 4. If Attorney A filed an entry of appearance in a case, may Attorney B appear on the case on behalf of Attorney A? Question 5. Is Attorney B required to file a joint entry of appearance in order to appear on a case? ANSWER: Questions 1. and 2. Yes. Question 3. No. Questions 4. and 5. Attorney A may appear on the case for Attorney B without having jointly entered an appearance without violating the Rules of Professional Conduct. However, any judge or other tribunal may impose other conditions or restrictions.

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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