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***Includes only Informal Opinions published 2012 – present. To search older opinions, please use another option on the main search page. This subject index will be updated periodically to include older Informal Opinions.***

Advertising and Solicition

2024-01 - Law firm name and retirement of lawyer
2020-21 - requirement to disclose Of Counsel association
2018-13 - lawyer providing educational seminars; solicitation; misconduct through acts of another
2018-05 - referral fees not permitted; division of fees with another lawyer

Appointed Counsel

2018-14 - lawyer appointed by court to represent a person

Attorney's Liens

2014-01 - reasonable fees; attorney’s lien; withdrawal

Business Transaction with Client (see also Conflict of Interest - Prohibited Transactions)

2023-08 - 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)

Candor to the Court or Tribunal

2024-11 - lawyer’s use of generative artificial intelligence (AI)
2020-24 - false testimony of client at deposition
2020-25 - remedial measures when lawyer learns of false information filed in connection with dissolution matter
2015-01 - pleading weekly wage in Workers' Compensation; basis in fact or law; candor to tribunal

Choice of Law

2024-13 - lawyer should consider choice of law when practicing pro hac vice in another jurisdiction
2024-05 - Out-of-state lawyer reviewing purchase documents

Client Files

2024-06 - 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
2022-10 - file destroyed in natural disaster
2021-03 - contract with vendor for disposal of client files
2021-07 - email and similar electronic communications part of client file
2020-07 - protective order or settlement agreement requiring return or destruction of documents produced during discovery
2020-08 - discovery agreement limiting lawyer's ability to turn over discovery to client as part of client file
2020-09 - format for return of client file when file is maintained electronically
2019-03 - disposition of client file when lawyer leaves a law firm
2015-10 - request for file by jointly represented client when lawyer leaving a law firm

Client Misconduct

2019-01 - client inappropriately or wrongfully obtaining email communications of opposing party

Communication

2019-06 - disclosure of lawyer mistake to client; settling claim or potential claim for malpractice
2015-03 - lawyer being asked to sign subrogation agreement issued by Client's employee benefit plan to acknowledge subrogation and lien rights

Communication with Clients

2020-04 - notice to current clients for whom lawyer provided material representation
2020-06 - duties upon leaving a law firm
2017-02 - lawyer's responsibilities when a nonlawyer assistant breaches confidentiality

Communication with Represented Persons

2021-11 - second opinion from another lawyer while represented
2020-10 - communication with represented former member and director of association
2015-07 - requesting public records from a state agency where client is also suing that same state agency
2013-01 - contacting unrepresented former managerial employees of a represented organization

Communication with Unrepresented Persons

2015-07 - requesting public records from a state agency where client is also suing that same state agency
2013-01 - contacting unrepresented former managerial employees of a represented organization

Competence

2024-11 - lawyer’s use of generative artificial intelligence (AI)
2024-09 - competence and supervision issued related to redaction requirements
2024-07 - over redaction as failure to comply with Court rules and/or lack of competence
2021-12 - virtual practice
2018-09 - cloud computing
2018-07 - duty to report possible impairment of another lawyer

Confidentiality

2024-11 - lawyer’s use of generative artificial intelligence (AI)
2024-10 - redaction requirements and duty to report professional misconduct
2023-06 - lawyer disclosure of client confidential information in disciplinary investigation
2022-07 - email sent to incorrect address
2022-04 - writing samples and conflidentiality
2021-13 - metadata
2021-12 - virtual practice
2021-03 - contract with vendor for disposal of client files
2021-01 - confidentiality and return of client funds
2020-26 - theft of laptop, cell phone, bar card, and credit cards; loss of client confidential information
2020-22 - credit card payment disputes and chargebacks
2020-05 - disclosure of client confidential information to check conflicts when changing employment
2019-05 - client threatening harm
2020-03 - client threatens suicide
2018-10 - crowdfunding
2018-11 - lawyer assisting with winding up deceased lawyer's practice; serving as a trustee; confidentiality and reviewing client files for distribution
2018-09 - cloud computing
2018-08 - responding to online reviews
2018-06 - reporting bogus check to law enforcement
2017-04 - court order to disclose confidential information
2017-02 - lawyer's responsibilities when a nonlawyer assistant breaches confidentiality
2015-09 - public financial disclosure; name of client and fees confidential
2012-01 - email disclaimer
2015-02 - information contained in public records confidential to lawyer
2013-03 - representing a three-member LLC; confidentiality; duly authorized constituent
2013-02 - establishing claim on behalf of lawyer for fees
2012-03 - lawyer establishing claim against former client

Conflict of Interest - Current Client

2020-05 - disclosure of client confidential information to check conflicts when changing employment
2017-03 - lawyer serving as Guardian ad Litem (GAL) and counsel for the same individual
2017-06 - part-time prosecutor in County A also a member of private firm in County B; conflicts of law firm defending clients against criminal charges in County B

Conflict of Interest - Former Client

2022-01 - generally known
2021-06 - conflicts when government entity contracts with private attorney
2020-05 - disclosure of client confidential information to check conflicts when changing employment
2015-08 - former joint representation of clients in estate planning and financial transaction; subsequent representation of one of those former clients in custody matters
2017-07 - conflicts when lawyer leaving a law firm and joining another law firm

Conflict of Interest - Imputed Disqualification

2020-20 - impution of conflicts of interest between firm and Of Counsel lawyers
2019-07 - Of Counsel lawyer at firm providing pro bono representation at nonprofit organization
2017-07 - conflicts when lawyer leaving a law firm and joining another law firm
2018-03 - conflicts related to lawyer who previously served as a Guardian ad Litem (GAL)
2018-04 - conflicts related to nonlawyer assistants; screening

Conflict of Interest - Personal Interest

2022-05 - disciplinary complaint filed during representation
2015-04 - referral fee agreement with company providing law-related services; conflict of interest

Conflict of Interest - Prohibited Transactions (see also Business Transaction with Client)

2023-08 - 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)
2015-04 - referral fee agreement with company providing law-related services; conflict of interest

Conflict of Interest - Prospective Client (see also Prosepctive Client)

2020-01 - wife consulted with lawyer about dissolution, but did not hire; husband wants to hire firm on motion to modify

Conflict of Interest - Representing Mulitiple Parties (a.k.a. Common or Dual Representation)

2021-04 - representation of multiple siblings in partition action from parent's estate; withdrawal when common representation fails
2021-05 - representing company and manager at the same time

Contraband

2020-28 - lawyer receives by mail a check for client representation and what appears to be an illegal substance

Corporate Clients

2013-03 - representing a three-member LLC; confidentiality; duly authorized constituent

Credit Cards

2020-22 - credit card payment disputes and chargebacks
2019-08 - credit card processing fees

Criminal

2020-28 - lawyer receives by mail a check for client representation and what appears to be an illegal substance
2017-06 - part-time prosecutor in County A also a member of private firm in County B; conflicts of law firm defending clients against criminal charges in County B

Deceased Client

2018-01 - funds of deceased client

Deceased Lawyer

2018-11 - lawyer assisting with winding up deceased lawyer's practice; serving as a trustee; confidentiality and reviewing client files for distribution
2017-05 - payment of lien of deceased lawyer

Declining Representation (see also Withdrawal from Representation)

2024-06 - 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

Diminished Capacity of Client

2023-01 - lawyer appointed to represent client in guardianship proceedings and diminished capacity
2020-27 - termination of representation by client with diminshed capacity
2019-05 - client threatening harm

Disciplinary Complaint

2022-05 - disciplinary complaint filed during representation

Disciplinary Matters

2023-06 - lawyer disclosure of client confidential information in disciplinary investigation

Discovery

2020-07 - protective order or settlement agreement requiring return or destruction of documents produced during discovery
2020-08 - discovery agreement limiting lawyer's ability to turn over discovery to client as part of client file

Divorce/Dissolution

2020-25 - remedial measures when lawyer learns of false information filed in connection with dissolution matter
2020-01 - wife consulted with lawyer about dissolution, but did not hire; husband wants to hire firm on motion to modify
2015-08 - former joint representation of clients in estate planning and financial transaction; subsequent representation of one of those former clients in custody matters

Duties to Opposing Party and Counsel

2020-28 - lawyer receives by mail a check for client representation and what appears to be an illegal substance

Email and Electronic Communications

2021-07 - email and similar electronic communications part of client file
2018-08 - responding to online reviews
2012-01 - email disclaimer

Employment

2019-02 - threat of criminal prosecution or disciplinary complaint; duty to report
2013-01 - contacting unrepresented former managerial employees of a represented organization

Enrollment

2022-02 - retirement; inactive status; pro bono
2021-10 - practice of law in Missouri by Category 3 lawyer (nonresident); Change to Category 1 required
2020-02 - retiring lawyer taking inactive status

Estates, Wills, and Trusts

2020-27 - termination of representation by client with diminshed capacity
2021-04 - representation of multiple siblings in partition action from parent's estate; withdrawal when common representation fails
2015-08 - former joint representation of clients in estate planning and financial transaction; subsequent representation of one of those former clients in custody matters

Evidence of a Crime

2020-28 - lawyer receives by mail a check for client representation and what appears to be an illegal substance

Expert Witness - Lawyer Serving As

2017-01 - expert witness fees; fees to be shared with another lawyer

Failure to Pay or File Taxes

2022-03 - failure to pay or file taxes

Fairness to Opposing Party and Counsel

2019-01 - client inappropriately or wrongfully obtaining email communications of opposing party
2017-04 - court order to disclose confidential information

Fees - Division of Fees

2023-03 - payment of fees to retired lawyer
2020-12 - division of fees not applicable to Of Counsel
2017-05 - payment of lien of deceased lawyer
2018-05 - referral fees not permitted; division of fees with another lawyer
2015-04 - referral fee agreement with company providing law-related services; conflict of interest
2015-05 - division of fee agreement; lawyer subsequently disbarred

Fees - Flat Fees

2018-15 - flat fees

Fees - Generally

2017-01 - expert witness fees; fees to be shared with another lawyer
2018-02 - advancing cost of affidavit and opinion by health care provider and evaluation of case by medical expert
2013-02 - establishing claim on behalf of lawyer for fees
2014-01 - reasonable fees; attorney’s lien; withdrawal

Fees - Third Party Payee

2021-05 - representing company and manager at the same time
2018-12 - third party payment of fees
2018-10 - crowdfunding

Financial Assistance to Client

2018-02 - advancing cost of affidavit and opinion by health care provider and evaluation of case by medical expert

Firm Names

2024-01 - Law firm name and retirement of lawyer
2020-21 - requirement to disclose Of Counsel association

Government Lawyers

2021-06 - conflicts when government entity contracts with private attorney
2017-06 - part-time prosecutor in County A also a member of private firm in County B; conflicts of law firm defending clients against criminal charges in County B

Guardian ad Litem - Lawyer Serving As

2017-03 - lawyer serving as Guardian ad Litem (GAL) and counsel for the same individual
2018-03 - conflicts related to lawyer who previously served as a Guardian ad Litem (GAL)

In-House Counsel

2024-02 - Virtual practice by in-house counsel located outside Missouri for corporation located in Missouri; Missouri license required

Inactive Status

2022-02 - retirement; inactive status; pro bono
2020-02 - retiring lawyer taking inactive status

Law-Related Services (a.k.a. Ancillary Business)

2015-04 - referral fee agreement with company providing law-related services; conflict of interest

Lawyer as Witness

2023-04 - lawyer as witness when representing client in order of protection
2014-03 - lawyer who may be necessary witness handling pre-trial and other matters
2015-06 - lawyer as witness; necessary witness

Leaving a Law Firm

2020-04 - notice to current clients for whom lawyer provided material representation
2020-05 - disclosure of client confidential information to check conflicts when changing employment
2020-06 - duties upon leaving a law firm
2019-03 - disposition of client file when lawyer leaves a law firm
2019-04 - disputes surrounding lawyer's departure
2015-10 - request for file by jointly represented client when lawyer leaving a law firm
2017-07 - conflicts when lawyer leaving a law firm and joining another law firm

Litigation Loans

2023-10 - litigation loans pursuant to the Missouri Consumer Legal Funding Act

Maintaining the Integrity of the Profession

2023-02 - no duty to report misconduct of another lawyer for a lawyer representing that other lawyer whose conduct is in question

Malpractice (See also Mistake by Lawyer)

2019-06 - disclosure of lawyer mistake to client; settling claim or potential claim for malpractice

Meritorious Claims or Contentions

2024-09 - competence and supervision issued related to redaction requirements
2015-01 - pleading weekly wage in Workers' Compensation; basis in fact or law; candor to tribunal

Misconduct - Bias, Harassment, or Prejudice

2021-08 - reporting lawyer misconduct related to bias or prejudice

Misconduct - Conduct Prejudicial to the Administration of Justice

2024-08 - redaction by lawyer when meritorious claim or contention information is subject to redaction requirements
2024-07 - over redaction as failure to comply with Court rules and/or lack of competence
2019-02 - threat of criminal prosecution or disciplinary complaint; duty to report

Misconduct - Criminal Act by Lawyer

2023-05 - 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
2021-02 - medical marijuana

Misconduct - Generally

2024-10 - redaction requirements and duty to report professional misconduct
2018-13 - lawyer providing educational seminars; solicitation; misconduct through acts of another

Mistake by Lawyer

2019-06 - disclosure of lawyer mistake to client; settling claim or potential claim for malpractice

Nonprofit Organizations

2019-07 - Of Counsel lawyer at firm providing pro bono representation at nonprofit organization

Of Counsel

2020-21 - requirement to disclose Of Counsel association
2020-11 - elements of an Of Counsel relationship
2020-12 - division of fees not applicable to Of Counsel
2020-20 - impution of conflicts of interest between firm and Of Counsel lawyers
2019-07 - Of Counsel lawyer at firm providing pro bono representation at nonprofit organization
2012-02 - Of Counsel relationship with law firm and general counsel for bank

Organizational Clients (see also Corporate Clients or Government Lawyers)

2021-05 - representing company and manager at the same time
2020-10 - communication with represented former member and director of association
2013-03 - representing a three-member LLC; confidentiality; duly authorized constituent

Pro Bono

2019-07 - Of Counsel lawyer at firm providing pro bono representation at nonprofit organization

Procedure Following Suspension or Disbarment

2022-03 - failure to pay or file taxes

Professional Independence of Lawyer

2022-06 - partnership with nonlawyer prohibited
2017-05 - payment of lien of deceased lawyer
2015-05 - division of fee agreement; lawyer subsequently disbarred

Prospective Client (see also Conflict of Interest - Prospective Client)

2024-06 - 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
2021-11 - second opinion from another lawyer while represented
2020-01 - wife consulted with lawyer about dissolution, but did not hire; husband wants to hire firm on motion to modify
2018-06 - reporting bogus check to law enforcement

Protective Order

2020-07 - protective order or settlement agreement requiring return or destruction of documents produced during discovery

Redaction

2024-10 - redaction requirements and duty to report professional misconduct
2024-09 - competence and supervision issued related to redaction requirements
2024-08 - redaction by lawyer when meritorious claim or contention information is subject to redaction requirements
2024-07 - over redaction as failure to comply with Court rules and/or lack of competence

Reporting Misconduct of Another Lawyer

2024-10 - redaction requirements and duty to report professional misconduct
2023-02 - no duty to report misconduct of another lawyer for a lawyer representing that other lawyer whose conduct is in question
2021-08 - reporting lawyer misconduct related to bias or prejudice
2019-02 - threat of criminal prosecution or disciplinary complaint; duty to report
2018-07 - duty to report possible impairment of another lawyer

Reporting Misconduct of Judge

2021-09 - reporting judicial misconduct

Reporting Professional Misconduct - Self-Reporting

2023-05 - 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

Respect for Rights of Third Persons

2024-08 - redaction by lawyer when meritorious claim or contention information is subject to redaction requirements
2024-07 - over redaction as failure to comply with Court rules and/or lack of competence
2021-13 - metadata
2019-01 - client inappropriately or wrongfully obtaining email communications of opposing party

Retirement (see also Inactive Status or Of Counsel)

2024-12 - retiring lawyer winding up practice from another state
2024-01 - Law firm name and retirement of lawyer
2023-07 - lawyer closing trust account upon retirement
2023-03 - payment of fees to retired lawyer
2022-02 - retirement; inactive status; pro bono
2020-11 - elements of an Of Counsel relationship
2020-02 - retiring lawyer taking inactive status

Scope of Representation

2021-02 - medical marijuana

Screening

2020-01 - wife consulted with lawyer about dissolution, but did not hire; husband wants to hire firm on motion to modify
2018-03 - conflicts related to lawyer who previously served as a Guardian ad Litem (GAL)
2018-04 - conflicts related to nonlawyer assistants; screening

Second Opinion

2021-11 - second opinion from another lawyer while represented

Supervision of Nonlawyers

2024-11 - lawyer’s use of generative artificial intelligence (AI)
2024-09 - competence and supervision issued related to redaction requirements
2022-07 - email sent to incorrect address
2021-12 - virtual practice
2021-03 - contract with vendor for disposal of client files
2017-02 - lawyer's responsibilities when a nonlawyer assistant breaches confidentiality

Threat of Criminal Prosecution or Disciplinary Complaint

2019-02 - threat of criminal prosecution or disciplinary complaint; duty to report

Trust Accounts and Safekeeping Property

2024-06 - 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
2023-09 - lawyers may not use third-party payment programs where advanced paid legal fees or expenses are not deposited directly in a client trust account
2023-07 - lawyer closing trust account upon retirement
2022-09 - fraudulent check on client trust account
2022-08 - depositing check electronically
2021-01 - confidentiality and return of client funds
2020-23 - approved financial institutions for holding trust accounts
2020-22 - credit card payment disputes and chargebacks
2020-16 - disputed funds
2020-19 - nonlawyer signatory on trust account
2020-18 - unidentified funds in trust account
2020-17 - funds of missing client
2020-15 - good funds
2020-14 - payment of lawyer's business or personal expenses from trust account
2020-13 - lawyer's funds in trust account
2019-08 - credit card processing fees
2018-10 - crowdfunding
2018-15 - flat fees
2018-01 - funds of deceased client
2018-06 - reporting bogus check to law enforcement
2017-01 - expert witness fees; fees to be shared with another lawyer
2014-05 - credit cards and trust accounts
2015-03 - lawyer being asked to sign subrogation agreement issued by Client's employee benefit plan to acknowledge subrogation and lien rights

Trustee - Lawyer Serving as Per Rule 5.26

2018-11 - lawyer assisting with winding up deceased lawyer's practice; serving as a trustee; confidentiality and reviewing client files for distribution

Unauthorized Practice of Law; Multijurisdictional Practice of Law

2024-12 - retiring lawyer winding up practice from another state
2024-05 - Out-of-state lawyer reviewing purchase documents
2024-04 - 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
2024-03 - Virtual practice of law of another jurisdiction from Missouri, but not licensed in Missouri; Missouri license required
2024-02 - Virtual practice by in-house counsel located outside Missouri for corporation located in Missouri; Missouri license required

Visiting Attorney Appearing in a Particular Case (a.k.a. Pro Hac Vice)

2024-04 - 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

Withdrawal from Representation

2022-05 - disciplinary complaint filed during representation
2020-27 - termination of representation by client with diminshed capacity
2020-29 - withdrawal due to lawyer's physical or mental condition
2021-04 - representation of multiple siblings in partition action from parent's estate; withdrawal when common representation fails
2020-09 - format for return of client file when file is maintained electronically
2014-01 - reasonable fees; attorney’s lien; withdrawal

Workers' Compensation

2015-01 - pleading weekly wage in Workers' Compensation; basis in fact or law; candor to tribunal