Informal Advisory Opinions Search

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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Opinion Number: 2024-13
Adoption Date: August 8, 2024
Rules: 4-8.5
Subject: Choice of Law
Summary: lawyer should consider choice of law when practicing pro hac vice in another jurisdiction
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Opinion Number: 2024-12
Adoption Date: August 8, 2024
Rules: 4-5.5
Subject: Retirement (see also Inactive Status or Of Counsel); Unauthorized Practice of Law; Multijurisdictional Practice of Law
Summary: retiring lawyer winding up practice from another state
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Opinion Number: 2024-11
Adoption Date: April 25, 2024
Rules: 4-1.1, 4-1.6, 4-3.3, 4-3.4, 4-5.1, 4-5.3, 4-5.4
Subject: Candor to the Court or Tribunal; Competence; Confidentiality; Supervision of Nonlawyers
Summary: lawyer’s use of generative artificial intelligence (AI)
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Opinion Number: 2024-10
Adoption Date: April 25, 2024
Rules: 4-1.0; 4-1.6; 4-8.3; Court Operating Rule 2.02
Subject: Confidentiality; Misconduct - Generally; Redaction; Reporting Misconduct of Another Lawyer
Summary: redaction requirements and duty to report professional misconduct
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Opinion Number: 2024-09
Adoption Date: April 25, 2024
Rules: 4-1.1, 4-1.4, 4-1.6, 4-3.4, 4-5.3; Court Operating Rule 2.02
Subject: Competence; Meritorious Claims or Contentions; Redaction; Supervision of Nonlawyers
Summary: competence and supervision issued related to redaction requirements
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Opinion Number: 2024-08
Adoption Date: April 25, 2024
Rules: 4-3.1, 4-3.4, 4-4.4; Court Operating Rule 2.02
Subject: Misconduct - Conduct Prejudicial to the Administration of Justice; Redaction; Respect for Rights of Third Persons
Summary: redaction by lawyer when meritorious claim or contention information is subject to redaction requirements
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Opinion Number: 2024-07
Adoption Date: April 25, 2024
Rules: 4-1.1, 4-3.1, 4-3.4, 4-4.4, 4-8.4; Court Operating Rule 2.02
Subject: Competence; Misconduct - Conduct Prejudicial to the Administration of Justice; Redaction; Respect for Rights of Third Persons
Summary: over redaction as failure to comply with Court rules and/or lack of competence
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Opinion Number: 2024-06
Adoption Date: January 23, 2024
Rules: 4-1.18; 4-1.22; 4-1.15; 4-1.16; Scope [17]
Subject: Client Files; Declining Representation (see also Withdrawal from Representation); Prospective Client (see also Conflict of Interest - Prospective Client); Trust Accounts and Safekeeping Property
Summary: Prospective client entitled to return of papers and properties provided to lawyer during initial consultation; prospective client not entitled to client file if representation is declined
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Opinion Number: 2024-05
Adoption Date: January 23, 2024
Rules: 4-5.5; 4-8.5
Subject: Choice of Law; Unauthorized Practice of Law; Multijurisdictional Practice of Law
Summary: Out-of-state lawyer reviewing purchase documents
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Opinion Number: 2024-04
Adoption Date: January 23, 2024
Rules: 4-5.5; 9.03
Subject: Unauthorized Practice of Law; Multijurisdictional Practice of Law; Visiting Attorney Appearing in a Particular Case (a.k.a. Pro Hac Vice)
Summary: Out-of-state lawyer representing client in deposition for lawsuit pending in Missouri; pro hac vice admission for a visiting attorney in a particular case
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Opinion Number: 2024-03
Adoption Date: January 23, 2024
Rules: 4-5.5
Subject: Unauthorized Practice of Law; Multijurisdictional Practice of Law
Summary: Virtual practice of law of another jurisdiction from Missouri, but not licensed in Missouri; Missouri license required
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Opinion Number: 2024-02
Adoption Date: January 23, 2024
Rules: 4-5.5; 8.105; 8
Subject: In-House Counsel; Unauthorized Practice of Law; Multijurisdictional Practice of Law
Summary: Virtual practice by in-house counsel located outside Missouri for corporation located in Missouri; Missouri license required
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Opinion Number: 2024-01
Adoption Date: January 23, 2024
Rules: 4-7.5; 4-7.1
Subject: Advertising and Solicition; Firm Names; Retirement (see also Inactive Status or Of Counsel)
Summary: Law firm name and retirement of lawyer
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Opinion Number: 2023-10
Adoption Date: October 18, 2023
Rules: 4-1.4, 4-1.6, 4-2.1, and 4-8.4(d)
Subject: Litigation Loans
Summary: litigation loans pursuant to the Missouri Consumer Legal Funding Act
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Opinion Number: 2023-09
Adoption Date: July 27, 2023
Rules: 4-1.15; 4-1.6
Subject: Trust Accounts and Safekeeping Property
Summary: lawyers may not use third-party payment programs where advanced paid legal fees or expenses are not deposited directly in a client trust account
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Opinion Number: 2023-08
Adoption Date: July 27, 2023
Rules: 4-1.8
Subject: Business Transaction with Client (see also Conflict of Interest - Prohibited Transactions); Conflict of Interest - Prohibited Transactions (see also Business Transaction with Client)
Summary: lawyer may be named as successor trustee in estate planning documents prepared by lawyer so long as lawyer complies with requirements of Rule 4-1.8(a)
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Opinion Number: 2023-07
Adoption Date: July 27, 2023
Rules: 4-1.15
Subject: Retirement (see also Inactive Status or Of Counsel); Trust Accounts and Safekeeping Property
Summary: lawyer closing trust account upon retirement
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Opinion Number: 2023-06
Adoption Date: July 27, 2023
Rules: 4-1.6; 4-8.1; 5.08
Subject: Confidentiality; Disciplinary Matters
Summary: lawyer disclosure of client confidential information in disciplinary investigation
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Opinion Number: 2023-05
Adoption Date: July 27, 2023
Rules: 4-8.3; 5.20; 5.21
Subject: Misconduct - Criminal Act by Lawyer; Reporting Professional Misconduct - Self-Reporting
Summary: lawyer is required to self-report a finding or plea of certain criminal conduct or discipline in another jurisdiction within 10 days, but not to self-report misconduct generally
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Opinion Number: 2023-04
Adoption Date: April 26, 2023
Rules: 4-3.7
Subject: Lawyer as Witness
Summary: lawyer as witness when representing client in order of protection
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