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: 2026-07
Adoption Date: April 21, 2026
Rules: 4 dash–8.2
Subject: Judicial and Legal Officials; Misconduct - Conduct Prejudicial to the Administration of Justice
Summary: lawyer who makes a statement regarding a judge with reckless disregard as to its truth or falsity concerning the integrity of the judge engages in misconduct that is prejudicial to the administration of justice
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Opinion Number: 2026-06
Adoption Date: April 21, 2026
Rules: 4 dash–1.6; 4 dash–1.22
Subject: Client Files; Confidentiality
Summary: lawyer may not provide revoked trust documents from deceased client’s file unless a valid exception is met pursuant to Rule 4-1.6
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Opinion Number: 2026-05
Adoption Date: April 21, 2026
Rules: 4 dash–1.14; 4 dash–1.6; 4 dash–1.7
Subject: Confidentiality; Conflict of Interest - Current Client; Diminished Capacity of Client
Summary: lawyer’s considerations when concerned about diminished capacity of client and possible need for protective action
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Opinion Number: 2026-04
Adoption Date: April 21, 2026
Rules: 4 dash–1.6
Subject: Confidentiality
Summary: disclosure of the existence of deceased client’s personal injury action to client’s next-of-kin
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Opinion Number: 2026-03
Adoption Date: April 21, 2026
Rules: 4 dash–1.2; 4 dash–1.6; 4 dash–1.16; 4 dash–3.3
Subject: Candor to the Court or Tribunal; Confidentiality; Scope of Representation; Withdrawal from Representation
Summary: action required when lawyer learns client has provided false document in discovery response
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Opinion Number: 2026-02
Adoption Date: April 21, 2026
Rules: 4 dash–4.2
Subject: Communication with Represented Persons; Divorce/Dissolution
Summary: communication with represented party when lawyer is a party to the dispute
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Opinion Number: 2026-01
Adoption Date: April 21, 2026
Rules: 4 dash–1.7; 4 dash–1.16
Subject: Conflict of Interest - Representing Multiple Parties (a.k.a. Common or Dual Representation); Withdrawal from Representation
Summary: representation of both driver and passenger in car accident when passenger has previously settled with driver’s insurer, withdrawal if common representation fails
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Opinion Number: 2025-10
Adoption Date: August 27, 2025
Rules: 4 dash–8.3
Subject: Guardian ad Litem - Lawyer Serving As; Reporting Misconduct of Another Lawyer
Summary: reporting obligation for lawyer serving as a Guardian ad Litem (GAL)
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Opinion Number: 2025-09
Adoption Date: August 27, 2025
Rules: Scope, 4 dash–1.7, 4 dash–1.11, 4 dash–1.13, 4 dash–1.16
Subject: Conflict of Interest - Current Client; Conflict of Interest - Representing Multiple Parties (a.k.a. Common or Dual Representation); Government Lawyers; Organizational Clients (see also Corporate Clients or Government Lawyers)
Summary: client and duly authorized constituents identification for city attorney
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Opinion Number: 2025-08
Adoption Date: August 27, 2025
Rules: Scope; 4 dash–1.1; 4 dash–1.3; 4 dash–1.4; 4 dash–1.6; 4 dash–1.15; 4 dash–5.3; 4 dash–8.3
Subject: Competence; Confidentiality; Reporting Professional Misconduct - Self-Reporting; Trust Accounts and Safekeeping Property
Summary: lawyers and scams
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Opinion Number: 2025-07
Adoption Date: August 27, 2025
Rules: 4 dash–1.7; 4 dash–6.2
Subject: Appointed Counsel; Conflict of Interest - Current Client; Guardian ad Litem - Lawyer Serving As
Summary: lawyer serving as Guardian ad Litem (GAL) for minor and minor’s infant
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Opinion Number: 2025-06
Adoption Date: July 25, 2025
Rules: 4 dash–8.4(d)
Subject: Misconduct - Conduct Prejudicial to the Administration of Justice
Summary: It is prejudicial to the administration of justice to condition the settlement of a civil matter upon the condition that criminal charges be dismissed against one of the parties.
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Opinion Number: 2025-05
Adoption Date: July 25, 2025
Rules: 4 dash–7.2(c); 4 dash–9.1
Subject: Advertising and Solicitation; Lawyer Referral and Information Services
Summary: Lawyers may only use client lead generation services if the services are “qualified services” registered with the Office of Chief Disciplinary Counsel pursuant to Rule 4-9.1.
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Opinion Number: 2025-04
Adoption Date: May 2, 2025
Rules: 4 dash–1.5; 4 dash–1.8; 4 dash–1.15
Subject: Fees - Generally; Trust Accounts and Safekeeping Property
Summary: lawyer may accept cryptocurrency payment only for earned fees that are not to be placed in client trust account
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Opinion Number: 2025-03
Adoption Date: May 2, 2025
Rules: 4 dash–7.3
Subject: Advertising and Solicitation; Reporting Misconduct of Another Lawyer
Summary: SSM messages, or similar text messages, prohibited for solicitation pursuant to Rule 4-7.3
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Opinion Number: 2025-02
Adoption Date: May 2, 2025
Rules: 4 dash–8.3
Subject: Misconduct - Generally; Reporting Misconduct of Another Lawyer
Summary: timing of report to the Office of Chief Disciplinary Counsel of misconduct of another lawyer
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Opinion Number: 2025-01
Adoption Date: May 2, 2025
Rules: 4 dash–1.22; 4 dash–1.0
Subject: Client Files; Retirement (see also Inactive Status or Of Counsel)
Summary: handling client files upon retirement; handling client files upon leaving the practice of law
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Opinion Number: 2024-13
Adoption Date: August 8, 2024
Rules: 4 dash–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 dash–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 dash–1.1, 4 dash–1.6, 4 dash–3.3, 4 dash–3.4, 4 dash–5.1, 4 dash–5.3, 4 dash–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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