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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Rules of Professional Conduct – Browse By Rule Number

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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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Opinion Number: 2023-03
Adoption Date: April 26, 2023
Rules: 4-1.5, 4-5.4
Subject: Fees - Division of Fees; Retirement (see also Inactive Status or Of Counsel)
Summary: payment of fees to retired lawyer
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Opinion Number: 2023-02
Adoption Date: April 26, 2023
Rules: 4-8.3
Subject: Maintaining the Integrity of the Profession; Reporting Misconduct of Another Lawyer
Summary: no duty to report misconduct of another lawyer for a lawyer representing that other lawyer whose conduct is in question
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Opinion Number: 2023-01
Adoption Date: April 26, 2023
Rules: 4-1.14, 4-1.2, 4-3.4, 4-1.4
Subject: Diminished Capacity of Client
Summary: lawyer appointed to represent client in guardianship proceedings and diminished capacity
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Opinion Number: 2022-10
Adoption Date: 2022
Rules: 4-1.22; 4-1.6; 4-1.4; 4-1.16; 4-5.3
Subject: Client Files
Summary: file destroyed in natural disaster
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Opinion Number: 2022-09
Adoption Date: 2022
Rules: 4-1.15
Subject: Trust Accounts and Safekeeping Property
Summary: fraudulent check on client trust account
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Opinion Number: 2022-08
Adoption Date: 2022
Rules: 4-1.15; 4-1.6
Subject: Trust Accounts and Safekeeping Property
Summary: depositing check electronically
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Opinion Number: 2022-07
Adoption Date: 2022
Rules: 4-1.4; 4-1.6; 4-5.3
Subject: Confidentiality; Supervision of Nonlawyers
Summary: email sent to incorrect address
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Opinion Number: 2022-06
Adoption Date: 2022
Rules: 4-5.4; 4-1.0
Subject: Professional Independence of Lawyer
Summary: partnership with nonlawyer prohibited
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Opinion Number: 2022-05
Adoption Date: 2022
Rules: 4-1.7; 4-1.16
Subject: Conflict of Interest - Personal Interest; Disciplinary Complaint; Withdrawal from Representation
Summary: disciplinary complaint filed during representation
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Opinion Number: 2022-04
Adoption Date: 2022
Rules: 4-1.6
Subject: Confidentiality
Summary: writing samples and conflidentiality
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Opinion Number: 2022-03
Adoption Date: 2022
Rules: 5.245, 5.27, 5.28
Subject: Failure to Pay or File Taxes; Procedure Following Suspension or Disbarment
Summary: failure to pay or file taxes
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Opinion Number: 2022-02
Adoption Date: 2022
Rules: 6.01, 6.03, 6.05, 6.06
Subject: Enrollment; Inactive Status; Retirement (see also Inactive Status or Of Counsel)
Summary: retirement; inactive status; pro bono
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Opinion Number: 2022-01
Adoption Date: 2022
Rules: 4-1.9, 4-1.6
Subject: Conflict of Interest - Former Client
Summary: generally known
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Opinion Number: 2021-13
Adoption Date: 2021
Rules: 4-4.4; 4-1.6; 4-3.4
Subject: Confidentiality; Respect of Rights of Third Persons
Summary: metadata
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