980002 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 980002

Rules: 4-3.5

Advocate

Impartiality and Decorum of the Tribunal

QUESTION: Attorney has three cases awaiting decision. The first was heard fourteen months ago and the others were heard approximately ten months before this opinion request. Would it be considered ex parte contact for Attorney to contact the judge directly, in person or by telephone, to see if a decision has been made on the cases? ANSWER: The proposed conduct constitutes impermissible ex parte conduct in violation of Rule 4-3.5(b).

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/.