990225 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 990225

Rules: 4–4.2

Transactions with Persons other than Clients

Communication With Person Represented by Counsel

Subject: Communication with Represented Persons

Summary: direct contact with person who is subject to guardianship when guardian is a lawyer

QUESTION: Attorney works for an agency that is seeking to intervene on behalf of X for the primary purpose of securing the removal of X’s guardian based on allegations that the guardian is not acting in X´s best interests. X´s guardian is an attorney, but is not retained or appointed to represent X or X´s estate. Attorney would like to contact X about the matter. May Attorney do so without contacting or informing X´s guardian? May Attorney enter into an attorney-client relationship with X without contacting or informing X´s present guardian?

ANSWER: Attorney may make contact with X and may discuss an attorney-client relationship with X prior to contacting or informing the guardian, without violating Supreme Court Rule 4, including Rule 4 dash–4.2.

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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