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2024
Adoption Date: August 8, 2024
Rules: 4-8.5
Maintaining the Integrity of the Profession
Disciplinary Authority; Choice of Law
Subject: Choice of Law
Summary: lawyer should consider choice of law when practicing pro hac vice in another jurisdiction
Adoption Date: August 8, 2024
Rules: 4-5.5
Law Firms and Associations
Unauthorized Practice of Law; Multijurisdictional Practice of Law
Subject: Retirement (see also Inactive Status or Of Counsel);
Summary: retiring lawyer winding up practice from another state
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
Client-Lawyer Relationship; Advocate; Law Firm and Associations
Competence; Confidentiality of Information; Candor Toward the Tribunal; Duties to Opposing Party and Counsel and Ethical Obligations to Follow Court Orders and Rules; Responsibilities of Partners, Managers, and Supervisory Lawyers; Responsibilities Regarding Nonlawyer Assistants
Subject: Candor to the Court or Tribunal; Competence; Confidentiality; Supervision of Nonlawyers
Summary: lawyer’s use of generative artificial intelligence (AI)
Adoption Date: April 25, 2024
Rules: 4-1.0; 4-1.6; 4-8.3; Court Operating Rule 2.02
Client-Lawyer Relationship; Maintaining the Integrity of the Profession
Terminology; Confidentiality of Information; Reporting Professional Misconduct
Subject: Confidentiality; Misconduct - Generally; Redaction; Reporting Misconduct of Another Lawyer
Summary: redaction requirements and duty to report professional misconduct
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
Client-Lawyer Relationship; Advocate; Transactions with Persons Other Than Clients; Law Firms and Associations
Competence; Communication with Client; Confidentiality of Information; Meritorious Claims and Contentions; Supervision of Nonlawyer Assistants
Subject: Competence; Meritorious Claims or Contentions; Redaction; Supervision of Nonlawyers
Summary: competence and supervision issued related to redaction requirements
Adoption Date: April 25, 2024
Rules: 4-3.1, 4-3.4, 4-4.4; Court Operating Rule 2.02
Advocate; Transactions with Persons Other Than Clients
Meritorious Claims and Contentions; Duties to Opposing Party and Counsel and Ethical Obligation to Follow Court Orders and Rules; Respect for Rights of Third Persons
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
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
Client-Lawyer Relationship; Advocate; Transactions with Persons Other Than Clients; Maintaining the Integrity of the Profession
Competence; Meritorious Claims and Contentions; Duties to Opposing Party and Counsel and Ethical Obligation to Follow Court Orders and Rules; Respect for Rights of Third Persons; Misconduct
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
Adoption Date: January 23, 2024
Rules: 4-1.18; 4-1.22; 4-1.15; 4-1.16; Scope [17]
Client-Lawyer Relationship; Scope
Duties to Prospective Client; File Retention; Trust Accounts and Property of Others; Declining or Terminating Representation
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
Adoption Date: January 23, 2024
Rules: 4-5.5; 4-8.5
Law Firms and Associations; Maintaining the Integrity of the Profession
Unauthorized Practice of Law; Multijurisdictional Practice of Law; Disciplinary Authority; Choice of Law
Subject: Choice of Law;
Summary: Out-of-state lawyer reviewing purchase documents
Adoption Date: January 23, 2024
Rules: 4-5.5; 9.03
Law Firms and Associations
Unauthorized Practice of Law; Multijurisdictional Practice of Law; Visiting Attorney Appearing in a Particular Case
Subject: ; 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
Adoption Date: January 23, 2024
Rules: 4-5.5
Law Firms and Associations
Unauthorized Practice of Law; Multijurisdictional Practice of Law
Subject:
Summary: Virtual practice of law of another jurisdiction from Missouri, but not licensed in Missouri; Missouri license required
Adoption Date: January 23, 2024
Rules: 4-5.5; 8.105; 8
Law Firms and Associations; Admission to the Bar
Unauthorized Practice of Law; Multijurisdictional Practice of Law; Limited Admission for In-House Counsel
Subject: In-House Counsel;
Summary: Virtual practice by in-house counsel located outside Missouri for corporation located in Missouri; Missouri license required
Adoption Date: January 23, 2024
Rules: 4-7.5; 4-7.1
Information About Legal Services
Firm Names and Letterheads; Communications Concerning a Lawyer’s Services
Subject: Advertising and Solicition; Firm Names; Retirement (see also Inactive Status or Of Counsel)
Summary: Law firm name and retirement of lawyer
2023
Adoption Date: October 18, 2023
Rules: 4-1.4, 4-1.6, 4-2.1, and 4-8.4(d)
Client- Lawyer Relationship, Counselor, Maintaining the Integrity of the Profession
Communication, Confidentiality, Advisor, Misconduct
Subject: Litigation Loans
Summary: litigation loans pursuant to the Missouri Consumer Legal Funding Act
Adoption Date: July 27, 2023
Rules: 4-1.15; 4-1.6
Client-Lawyer Relationship
Trust Accounts and Property of Others; Confidentiality of Information
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
Adoption Date: July 27, 2023
Rules: 4-1.8
Client-Lawyer Relationship
Conflict of Interest: Prohibited Transactions
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)
Adoption Date: July 27, 2023
Rules: 4-1.15
Client-Lawyer Relationship
Trust Accounts and Property of Others
Subject: Retirement (see also Inactive Status or Of Counsel); Trust Accounts and Safekeeping Property
Summary: lawyer closing trust account upon retirement
Adoption Date: July 27, 2023
Rules: 4-1.6; 4-8.1; 5.08
Client-Lawyer Relationship; Maintaining the Integrity of the Profession; Complaints and Proceedings Thereon
Confidentiality of Information; Bar Admission and Disciplinary Matters; Investigations - Authority
Subject: Confidentiality; Disciplinary Matters
Summary: lawyer disclosure of client confidential information in disciplinary investigation
Adoption Date: July 27, 2023
Rules: 4-8.3; 5.20; 5.21
Maintaining the Integrity of the Profession, Complaints and Proceedings Thereon
Reporting Misconduct
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
Adoption Date: April 26, 2023
Rules: 4-3.7
Advocate
Lawyer as Witness
Subject: Lawyer as Witness
Summary: lawyer as witness when representing client in order of protection
Adoption Date: April 26, 2023
Rules: 4-1.5, 4-5.4
Client-Lawyer Relationship, Law Firms and Associations
Confidentiality of Information, Professional Independence of a Lawyer
Subject: Fees - Division of Fees; Retirement (see also Inactive Status or Of Counsel)
Summary: payment of fees to retired lawyer
Adoption Date: April 26, 2023
Rules: 4-8.3
Maintaining the Integrity of the Profession
Reporting Professional Misconduct
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
Adoption Date: April 26, 2023
Rules: 4-1.14, 4-1.2, 4-3.4, 4-1.4
Client-Lawyer Relationship; Advocate
Client with Diminished Capacity; Scope of Representation; Duties to Opposing Parties and Counsel and Ethical Obligation to Follow Court Orders and Rules; Communication
Subject: Diminished Capacity of Client
Summary: lawyer appointed to represent client in guardianship proceedings and diminished capacity
2022
Adoption Date: 2022
Rules: 4-1.22; 4-1.6; 4-1.4; 4-1.16; 4-5.3
File Retention
Client-Lawyer Relationship
Law Firms and Associations
Client-Lawyer Relationship
Law Firms and Associations
Subject: Client Files
Summary: file destroyed in natural disaster
Adoption Date: 2022
Rules: 4-1.15
Client-Lawyer Relationship
Safekeeping Property
Subject: Trust Accounts and Safekeeping Property
Summary: fraudulent check on client trust account
Adoption Date: 2022
Rules: 4-1.15; 4-1.6
Client-Lawyer Relationship
Safekeeping Property
Confidentiality of Information
Confidentiality of Information
Subject: Trust Accounts and Safekeeping Property
Summary: depositing check electronically
Adoption Date: 2022
Rules: 4-1.4; 4-1.6; 4-5.3
Client-Lawyer Relationship
Law Firms and Associations
Law Firms and Associations
Communication
Confidentiality of Information
Responsibilities Regarding Nonlawyer Assistants
Confidentiality of Information
Responsibilities Regarding Nonlawyer Assistants
Subject: Confidentiality; Supervision of Nonlawyers
Summary: email sent to incorrect address
Adoption Date: 2022
Rules: 4-5.4; 4-1.0
Law Firms and Associations
Client-Lawyer Relationship
Client-Lawyer Relationship
Professional Independence of a Lawyer
Subject: Professional Independence of Lawyer
Summary: partnership with nonlawyer prohibited
Adoption Date: 2022
Rules: 4-1.7; 4-1.16
Client-Lawyer Relationship
Conflicts of Interest - Current Clients
Declining or Terminating Representation
Declining or Terminating Representation
Subject: Conflict of Interest - Personal Interest; Disciplinary Complaint; Withdrawal from Representation
Summary: disciplinary complaint filed during representation
Adoption Date: 2022
Rules: 4-1.6
Client-Lawyer Relationship
Confidentiality of Information
Subject: Confidentiality
Summary: writing samples and conflidentiality
Adoption Date: 2022
Rules: 5.245, 5.27, 5.28
Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon
Suspension for Failure to Pay Tax
Procedure Following a Disbarment or Suspension Order
Reinstatement
Procedure Following a Disbarment or Suspension Order
Reinstatement
Subject: Failure to Pay or File Taxes;
Summary: failure to pay or file taxes
Adoption Date: 2022
Rules: 6.01, 6.03, 6.05, 6.06
Fees to Practice Law
Annual Enrollment Fee and Statement
Election to Become Inactive
Unauthorized Practice by Stricken or Inactive Lawyers
Return to Active Status
Election to Become Inactive
Unauthorized Practice by Stricken or Inactive Lawyers
Return to Active Status
Subject: Enrollment; Inactive Status; Retirement (see also Inactive Status or Of Counsel)
Summary: retirement; inactive status; pro bono
Adoption Date: 2022
Rules: 4-1.9, 4-1.6
Client-Lawyer Relationship
Duties to Former Clients
Confidentiality of Information
Confidentiality of Information
Subject: Conflict of Interest - Former Client
Summary: generally known
2021
Adoption Date: 2021
Rules: 4-4.4; 4-1.6; 4-3.4
Transactions with Persons Other than Clients
Client-Lawyer Relationship
Advocate
Client-Lawyer Relationship
Advocate
Respect for Rights of Third Persons
Confidentiality of Information
Duties to Opposing Party and Counsel and Ethical Obligations to Follow Court Orders and Rules
Confidentiality of Information
Duties to Opposing Party and Counsel and Ethical Obligations to Follow Court Orders and Rules
Subject: Confidentiality; Respect for Rights of Third Persons
Summary: metadata
Adoption Date: 2021
Rules: 4-1.6; 4-1.1, 4-1.3, 4-1.4; 4-5.1; 4-5.3; 6.01
Client-Lawyer Relationship
Law Firms and Associations
Annual Enrollment Fee and Statement
Law Firms and Associations
Annual Enrollment Fee and Statement
Confidentiality of Information
Competence
Diligence
Communication
Responsibilities of Partners, Managers, and Supervisory Lawyers
Responsibilities Regarding Nonlawyer Assistants
Competence
Diligence
Communication
Responsibilities of Partners, Managers, and Supervisory Lawyers
Responsibilities Regarding Nonlawyer Assistants
Subject: Competence; Confidentiality; Supervision of Nonlawyers
Summary: virtual practice
Adoption Date: 2021
Rules: 4-4.2; 4-1.18
Transactions with Persons Other than Clients
Client-Lawyer Relationship
Client-Lawyer Relationship
Communication with Person Represented by Counsel
Duties to Prospective Client
Duties to Prospective Client
Subject: Communication with Represented Persons; Prospective Client (see also Conflict of Interest - Prospective Client); Second Opinion
Summary: second opinion from another lawyer while represented
Adoption Date: 2021
Rules: 9.01; 6.01
Authorized Practice of Law
Annual Enrollment Fee and Statement
Annual Enrollment Fee and Statement
Subject: Enrollment
Summary: practice of law in Missouri by Category 3 lawyer (nonresident); Change to Category 1 required
Adoption Date: 2021
Rules: 4-1.0; 4-8.3; 4-1.6
Maintaining the Integrity of the Profession
Client-Lawyer Relationship
Client-Lawyer Relationship
Confidentiality of Information
Reporting Professional Misconduct
Reporting Professional Misconduct
Subject: Reporting Misconduct of Judge
Summary: reporting judicial misconduct
Adoption Date: 2021
Rules: 4-8.3; 4-8.4; 4-1.0; 4-1.6
Maintaining the Integrity of the Profession
Client-Lawyer Relationship
Client-Lawyer Relationship
Reporting Professional Misconduct
Misconduct
Confidentiality of Information
Misconduct
Confidentiality of Information
Subject: Misconduct - Bias, Harassment, or Prejudice; Reporting Misconduct of Another Lawyer
Summary: reporting lawyer misconduct related to bias or prejudice
Adoption Date: 2021
Rules: 4-1.22
File Retention
Subject: Client Files; Email and Electronic Communications
Summary: email and similar electronic communications part of client file
Adoption Date: 2021
Rules: 4-1.9; 4-1.11; 4-1.0
Client-Lawyer Relationship
Duties to Former Clients
Special Conflicts of Interest for Former and Current Government Officers and Employees
Special Conflicts of Interest for Former and Current Government Officers and Employees
Subject: Conflict of Interest - Former Client; Government Lawyers
Summary: conflicts when government entity contracts with private attorney
Adoption Date: 2021
Rules: 4-1.0; 4-1.6; 4-1.7; 4-1.8; 4-1.13
Client-Lawyer Relationship
Confidentiality of Information
Conflict of Interest: Current Clients
Conflict of Interest: Prohibited Transactions
Organization as Client
Conflict of Interest: Current Clients
Conflict of Interest: Prohibited Transactions
Organization as Client
Subject: Conflict of Interest - Representing Mulitiple Parties (a.k.a. Common or Dual Representation); Fees - Third Party Payee; Organizational Clients (see also Corporate Clients or Government Lawyers)
Summary: representing company and manager at the same time
Adoption Date: 2021
Rules: 4-1.7; 4-1.16
Client-Lawyer Relationship
Conflict of Interest: Current Clients
Declining or Terminating Representation
Declining or Terminating Representation
Subject: Conflict of Interest - Representing Mulitiple Parties (a.k.a. Common or Dual Representation); Estates, Wills, and Trusts; Withdrawal from Representation
Summary: representation of multiple siblings in partition action from parent's estate; withdrawal when common representation fails
Adoption Date: 2021
Rules: 4-1.6; 4-1.22; 4-5.3
Client-Lawyer Relationship
File Retention
Law Firms and Associations
File Retention
Law Firms and Associations
Confidentiality of Information
Responsibilities Regarding Nonlawyer Assistants
Responsibilities Regarding Nonlawyer Assistants
Subject: Client Files; Confidentiality; Supervision of Nonlawyers
Summary: contract with vendor for disposal of client files
Adoption Date: 2021
Rules: 4-1.1; 4-1.2; 4-1.4; 4-8.4, Preamble and Scope
Client-Lawyer Relationship
Maintaining the Integrity of the Profession
Maintaining the Integrity of the Profession
Competence
Scope of Representation
Communication
Misconduct
Scope of Representation
Communication
Misconduct
Subject: Misconduct - Criminal Act by Lawyer; Scope of Representation
Summary: medical marijuana
Adoption Date: 2021
Rules: 4-1.6; 4-1.15
Client-Lawyer Relationship
Confidentiality of Information
Safekeeping Property
Safekeeping Property
Subject: Confidentiality; Trust Accounts and Safekeeping Property
Summary: confidentiality and return of client funds
2020
Adoption Date: 2020
Rules: 4-1.4; 4-1.5; 4-1.16
Client-Lawyer Relationship
Communication
Fees
Declining or Terminating Representation
Fees
Declining or Terminating Representation
Subject: Withdrawal from Representation
Summary: withdrawal due to lawyer's physical or mental condition
Adoption Date: 2020
Rules: 4-1.2; 4-1.4; 4-3.4; 4-8.4
Client-Lawyer Relationship
Advocate
Maintaining the Integrity of the Profession
Advocate
Maintaining the Integrity of the Profession
Scope of Representation
Communication
Duties to Opposing Party and Counsel
Misconduct
Communication
Duties to Opposing Party and Counsel
Misconduct
Subject: Contraband; Criminal; Duties to Opposing Party and Counsel; Evidence of a Crime
Summary: lawyer receives by mail a check for client representation and what appears to be an illegal substance
Adoption Date: 2020
Rules: 4-1.4; 4-1.6; 4-1.14; 4-1.16
Client-Lawyer Relationship
Communication
Confidentiality of Information
Client with Diminished Capacity
Declining or Terminating Representation
Confidentiality of Information
Client with Diminished Capacity
Declining or Terminating Representation
Subject: Diminished Capacity of Client; Estates, Wills, and Trusts; Withdrawal from Representation
Summary: termination of representation by client with diminshed capacity
Adoption Date: 2020
Rules: Rules 4-1.1; 4-1.4; 4-1.6; 4-1.15
Client-Lawyer Relationship
Competence
Communication
Confidentiality of Information
Safekeeping Property
Communication
Confidentiality of Information
Safekeeping Property
Subject: Confidentiality
Summary: theft of laptop, cell phone, bar card, and credit cards; loss of client confidential information
Adoption Date: 2020
Rules: 4-1.1; 4-1.2; 4-1.4; 4-1.6; 4-1.16; 4-3.3
Client-Lawyer Relationship
Advocate
Advocate
Competence
Scope of Representation
Communication
Confidentiality of Information
Declining or Terminating Representation
Candor Toward the Court
Scope of Representation
Communication
Confidentiality of Information
Declining or Terminating Representation
Candor Toward the Court
Subject: Candor to the Court or Tribunal; Divorce/Dissolution
Summary: remedial measures when lawyer learns of false information filed in connection with dissolution matter
Adoption Date: 2020
Rules: 4-1.2; 4-1.4; 4-1.6; 4-3.3; 4-1.16
Client-Lawyer Relationship
Advocate
Advocate
Scope of Representation
Communication
Confidentiality of Information
Candor Toward the Tribunal
Declining or Terminating Representation
Communication
Confidentiality of Information
Candor Toward the Tribunal
Declining or Terminating Representation
Subject: Candor to the Court or Tribunal
Summary: false testimony of client at deposition
Adoption Date: 2020
Rules: 4-1.145; 4-1.15
Client-Lawyer Relationship
Safekeeping Property
IOLTA Accounts
IOLTA Accounts
Subject: Trust Accounts and Safekeeping Property
Summary: approved financial institutions for holding trust accounts
Adoption Date: 2020
Rules: 4-1.5; 4-1.6; 4-1.15
Client-Lawyer Relationship
Fees
Confidentiality of Information
Safekeeping Property
Confidentiality of Information
Safekeeping Property
Subject: Confidentiality; Credit Cards; Trust Accounts and Safekeeping Property
Summary: credit card payment disputes and chargebacks
Adoption Date: 2020
Rules: 4-7.1; 4-7.5
Information About Legal Services
Communication Concerning a Lawyer's Services
Firm Names and Letterheads
Firm Names and Letterheads
Subject: Advertising and Solicition; Firm Names; Of Counsel
Summary: requirement to disclose Of Counsel association
Adoption Date: 2020
Rules: 4-1.7; 4-1.9; 4-1.10
Client-Lawyer Relationship
Conflict of Interest: Current Clients
Duties to Former Clients
Imputed Disqualification: General Rule
Duties to Former Clients
Imputed Disqualification: General Rule
Subject: Conflict of Interest - Imputed Disqualification; Of Counsel
Summary: impution of conflicts of interest between firm and Of Counsel lawyers
Adoption Date: 2020
Rules: 4-1.15; 4-5.1; 4-5.3
Client-Lawyer Relationship
Law Firms and Associations
Law Firms and Associations
Safekeeping Property
Responsibilities of Partners, Managers, and Supervisory Lawyers
Responsibilities Regarding Nonlawyer Assistants
Responsibilities of Partners, Managers, and Supervisory Lawyers
Responsibilities Regarding Nonlawyer Assistants
Subject: Trust Accounts and Safekeeping Property
Summary: nonlawyer signatory on trust account
Adoption Date: 2020
Rules: 4-1.15
Client-Lawyer Relationship
Safekeeping Property
Subject: Trust Accounts and Safekeeping Property
Summary: unidentified funds in trust account
Adoption Date: 2020
Rules: 4-1.15; 4-1.155
Client-Lawyer Relationship
Safekeeping Property
IOLTA Accounts
IOLTA Accounts
Subject: Trust Accounts and Safekeeping Property
Summary: funds of missing client
Adoption Date: 2020
Rules: 4-1.15
Client-Lawyer Relationship
Safekeeping Property
Subject: Trust Accounts and Safekeeping Property
Summary: disputed funds
Adoption Date: 2020
Rules: 4-1.15
Client-Lawyer Relationship
Safekeeping Property
Subject: Trust Accounts and Safekeeping Property
Summary: good funds
Adoption Date: 2020
Rules: 4-1.15
Client-Lawyer Relationship
Safekeeping Property
Subject: Trust Accounts and Safekeeping Property
Summary: payment of lawyer's business or personal expenses from trust account
Adoption Date: 2020
Rules: 4-1.15
Client-Lawyer Relationship
Safekeeping Property
Subject: Trust Accounts and Safekeeping Property
Summary: lawyer's funds in trust account
Adoption Date: 2020
Rules: 4-1.5
Client-Lawyer Relationship
Fees
Fees
Subject: Fees - Division of Fees; Of Counsel
Summary: division of fees not applicable to Of Counsel
Adoption Date: 2020
Rules: 4-1.0; 4-1.10; 4-7.1
Client-Lawyer Relationship
Terminology
Imputed Disqualification: General Rule
Information About Legal Services
Communication Concerning a Lawyer's Services
Terminology
Imputed Disqualification: General Rule
Information About Legal Services
Communication Concerning a Lawyer's Services
Subject: Of Counsel; Retirement (see also Inactive Status or Of Counsel)
Summary: elements of an Of Counsel relationship
Adoption Date: 2020
Rules: 4-1.13; 4-4.2; 4-4.3; 4-4.4
Client-Lawyer Relationship
Organization as Client
Transactions with Persons Other than Clients
Communication with Person Represented by Counsel
Dealing with Unrepresented Person
Respect for Rights of Third Persons
Organization as Client
Transactions with Persons Other than Clients
Communication with Person Represented by Counsel
Dealing with Unrepresented Person
Respect for Rights of Third Persons
Subject: Communication with Represented Persons; Organizational Clients (see also Corporate Clients or Government Lawyers)
Summary: communication with represented former member and director of association
Adoption Date: 2020
Rules: 4-1.16; 4-1.22
Client-Lawyer Relationship
Declining or Terminating Representation
File Retention
Declining or Terminating Representation
File Retention
Subject: Client Files; Withdrawal from Representation
Summary: format for return of client file when file is maintained electronically
Adoption Date: 2020
Rules: 4-1.2; 4-1.4; 4-1.15; 4-1.22; 4-3.1; 4-3.4; 4-5.6
Client-Lawyer Relationship
Scope of Representation
Communication
Safekeeping Property
File Retention
Meritorious Claims and Contentions
Restrictions on Right to Practice
Scope of Representation
Communication
Safekeeping Property
File Retention
Meritorious Claims and Contentions
Restrictions on Right to Practice
Subject: Client Files; Discovery
Summary: discovery agreement limiting lawyer's ability to turn over discovery to client as part of client file
Adoption Date: 2020
Rules: 4-1.2; 4-1.15; 4-1.16; 4-1.22; 4-3.1; 4-3.4; 4-5.6
Client-Lawyer Relationship
Scope of Representation
Safekeeping Property
Declining or Terminating Representation
Scope of Representation
Safekeeping Property
Declining or Terminating Representation
File Retention
Meritorious Claims and Contentions
Restrictions on Right to Practice
Meritorious Claims and Contentions
Restrictions on Right to Practice
Subject: Client Files; Discovery; Protective Order
Summary: protective order or settlement agreement requiring return or destruction of documents produced during discovery
Adoption Date: 2020
Rules: 4-1.1; 4-1.3; 4-1.15; 4-1.16; 4-7.1; 4-7.2; 4-7.3; 4-7.4; 4-7.5; 6.01
Client-Lawyer Relationship
Competence
Diligence
Safekeeping Property
Declining or Terminating Representation
Communication Concerning a Lawyer's Services
Annual Enrollment Fee and Statement
Competence
Diligence
Safekeeping Property
Declining or Terminating Representation
Communication Concerning a Lawyer's Services
Annual Enrollment Fee and Statement
Subject: Communication with Clients; Leaving a Law Firm
Summary: duties upon leaving a law firm
Adoption Date: 2020
Rules: 4-1.6
Client-Lawyer Relationship
Confidentiality of Information
Confidentiality of Information
Subject: Confidentiality; Conflict of Interest - Current Client; Conflict of Interest - Former Client; Leaving a Law Firm
Summary: disclosure of client confidential information to check conflicts when changing employment
Adoption Date: 2020
Rules: 4-1.4
Client-Lawyer Relationship
Communication
Communication
Subject: Communication with Clients; Leaving a Law Firm
Summary: notice to current clients for whom lawyer provided material representation
Adoption Date: 2020
Rules: 4-1.6; 4-1.14; 4-2.1
Client-Lawyer Relationship
Confidentiality of Information
Client with Diminished Capacity
Counselor-Advisor
Confidentiality of Information
Client with Diminished Capacity
Counselor-Advisor
Subject: Confidentiality
Summary: client threatens suicide
Adoption Date: 2020
Rules: 6.03; 6.05; 6.06; 15
Election to Become Inactive
Unauthorized Practice by Stricken or Inactive Lawyer
Return to Inactive Status
Continuing Legal Education
Unauthorized Practice by Stricken or Inactive Lawyer
Return to Inactive Status
Continuing Legal Education
Subject: Enrollment; Inactive Status; Retirement (see also Inactive Status or Of Counsel)
Summary: retiring lawyer taking inactive status
Adoption Date: 2020
Rules: 4-1.18
Client-Lawyer Relationship
Duties to Prospective Client
Subject: Conflict of Interest - Prospective Client (see also Prosepctive Client); Divorce/Dissolution; Prospective Client (see also Conflict of Interest - Prospective Client); Screening
Summary: wife consulted with lawyer about dissolution, but did not hire; husband wants to hire firm on motion to modify
2019
Adoption Date: 2019
Rules: 4-1.0; 4-1.4; 4-1.15
Client-Lawyer Relationship
Communication
Safekeeping Property
Safekeeping Property
Subject: Credit Cards; Trust Accounts and Safekeeping Property
Summary: credit card processing fees
Adoption Date: 2019
Rules: 4-1-6; 4-1.10; 4-7.1
Client-Lawyer Relationship
Information About Legal Services
Information About Legal Services
Confidentiality of Information
Imputed Disqualification: General Rule
Communication Concerning Lawyer's Services
Imputed Disqualification: General Rule
Communication Concerning Lawyer's Services
Subject: Conflict of Interest - Imputed Disqualification; Nonprofit Organizations; Of Counsel; Pro Bono
Summary: Of Counsel lawyer at firm providing pro bono representation at nonprofit organization
Adoption Date: 2019
Rules: 4-1.4; 4-1.6; 4-1.7; 4-1.8; 4-4.1; 4-4.3
Client-Lawyer Relationship
Transactions with Persons Other than Clients
Transactions with Persons Other than Clients
Communication
Confidentiality of Information
Conflict of Interest
Truthfulness in Statements to Others
Dealing with Unrepresented Person
Confidentiality of Information
Conflict of Interest
Truthfulness in Statements to Others
Dealing with Unrepresented Person
Subject: Communication; Malpractice (See also Mistake by Lawyer); Mistake by Lawyer
Summary: disclosure of lawyer mistake to client; settling claim or potential claim for malpractice
Adoption Date: 2019
Rules: 4-1.6; 4-1.14
Client-Lawyer Relationship
Confidentiality of Information
Client with Diminished Capacity
Client with Diminished Capacity
Subject: Confidentiality; Diminished Capacity of Client
Summary: client threatening harm
Adoption Date: 2019
Rules: 4-1.15; 4-1.5
Client-Lawyer Relationship
Safekeeping Property
Fees
Fees
Subject: Leaving a Law Firm
Summary: disputes surrounding lawyer's departure
Adoption Date: 2019
Rules: 4-1.4; 4-1.15; 4-1.16; 4-1.22; 4-8.4
Client-Lawyer Relationship
File Retention
Maintaining the Integrity of the Profession
File Retention
Maintaining the Integrity of the Profession
Subject: Client Files; Leaving a Law Firm
Summary: disposition of client file when lawyer leaves a law firm
Adoption Date: 2019
Rules: 4-3.1; 4-4.1; 4-4.4; 4-8.3; 4-8.4; 4-8.5; Preamble and Scope
Advocate
Transactions with Persons Other than Clients
Maintaining the Integrity of the Profession
Transactions with Persons Other than Clients
Maintaining the Integrity of the Profession
Subject: Employment; Misconduct - Conduct Prejudicial to the Administration of Justice; Reporting Misconduct of Another Lawyer; Threat of Criminal Prosecution or Disciplinary Complaint
Summary: threat of criminal prosecution or disciplinary complaint; duty to report
Adoption Date: 2019
Rules: 4-1.2; 4-1.4; 4-1.6; 4-1.8; 4-4.4; 4-3.4; 4-8.4
Client-Lawyer Relationship
Transactions with Persons Other than Clients
Advocate
Advocate
Subject: Client Misconduct; Fairness to Opposing Party and Counsel; Respect for Rights of Third Persons
Summary: client inappropriately or wrongfully obtaining email communications of opposing party
2018
Adoption Date: 2018
Rules: 4-1.5; 4-1.15
Client-Lawyer Relationship
Fees
Safekeeping Property
Safekeeping Property
Subject: Fees - Flat Fees; Trust Accounts and Safekeeping Property
Summary: flat fees
Adoption Date: 2018
Rules: 4-6.2; 4-1.1
Public Service
Client-Lawyer Relationship
Client-Lawyer Relationship
Accepting Appointments
Competence
Competence
Subject: Appointed Counsel
Summary: lawyer appointed by court to represent a person
Adoption Date: 2018
Rules: 4-7.3; 4-8.4
Information About Legal Services
Maintaining the Integrity of the Profession
Maintaining the Integrity of the Profession
Direct Contact With Prospective Clients
Misconduct
Misconduct
Subject: Advertising and Solicition; Misconduct - Generally
Summary: lawyer providing educational seminars; solicitation; misconduct through acts of another
Adoption Date: 2018
Rules: 4-1.8; 4-1.15
Client-Lawyer Relationship
Conflict of Interest: Prohibited Transactions
Safekeeping Property
Safekeeping Property
Subject: Fees - Third Party Payee
Summary: third party payment of fees
Adoption Date: 2018
Rules: 5.26; 4-1.6
Appointment of Trustee
Client-Lawyer Relationship
Client-Lawyer Relationship
Confidentiality of Information
Subject: Confidentiality; Deceased Lawyer; Trustee - Lawyer Serving as Per Rule 5.26
Summary: lawyer assisting with winding up deceased lawyer's practice; serving as a trustee; confidentiality and reviewing client files for distribution
Adoption Date: 2018
Rules: 4-1.5; 4-1.6; 4-1.8; 4-1.15; 4-1.16; 4-4.1; 4-5.4; 4-7.1
Client-Lawyer Relationship
Transactions with Persons Other than Clients
Law Firms and Associations
Information About Legal Services
Transactions with Persons Other than Clients
Law Firms and Associations
Information About Legal Services
Fees
Conflict of Interest: Prohibited Transactions
Conflict of Interest: Prohibited Transactions
Subject: Confidentiality; Fees - Third Party Payee; Trust Accounts and Safekeeping Property
Summary: crowdfunding
Adoption Date: 2018
Rules: 4-1.1; 4-1.6; 4-5.3
Client-Lawyer Relationship
Law Firms and Associations
Law Firms and Associations
Competence
Confidentiality of Information
Responsibilities Regarding Nonlawyer Assistants
Confidentiality of Information
Responsibilities Regarding Nonlawyer Assistants
Subject: Competence; Confidentiality
Summary: cloud computing
Adoption Date: 2018
Rules: 4-1.6; 4-1.9
Client-Lawyer Relationship
Confidentiality of Information
Duties to Former Clients
Duties to Former Clients
Subject: Confidentiality; Email and Electronic Communications
Summary: responding to online reviews
Adoption Date: 2018
Rules: 4-8.3; 4-1.1
Maintaining the Integrity of the Profession
Client-Lawyer Relationship
Client-Lawyer Relationship
Reporting Professional Misconduct
Competence
Competence
Subject: Competence; Reporting Misconduct of Another Lawyer
Summary: duty to report possible impairment of another lawyer
Adoption Date: 2018
Rules: 4-1.6; 4-1.18
Client-Lawyer Relationship
Confidentiality of Information
Duties to Prospective Client
Duties to Prospective Client
Subject: Confidentiality; Prospective Client (see also Conflict of Interest - Prospective Client); Trust Accounts and Safekeeping Property
Summary: reporting bogus check to law enforcement
Adoption Date: 2018
Rules: 4-1.5; 4-7.2
Client-Lawyer Relationship
Information About Legal Services
Information About Legal Services
Fees
Advertising
Advertising
Subject: Advertising and Solicition; Fees - Division of Fees
Summary: referral fees not permitted; division of fees with another lawyer
Adoption Date: 2018
Rules: 4-1.10; 4-5.3; 4-1.0
Client-Lawyer Relationship
Law Firms and Associations
Law Firms and Associations
Imputed Disqualification: General Rule
Responsibilities Regarding Nonlawyer Assistants
Responsibilities Regarding Nonlawyer Assistants
Subject: Conflict of Interest - Imputed Disqualification; Screening
Summary: conflicts related to nonlawyer assistants; screening
Adoption Date: 2018
Rules: Rule 4-1.12
Client-Lawyer Relationship
Former Judge, Arbitrator, Mediator or Third-Party Neutral
Subject: Conflict of Interest - Imputed Disqualification; ; Screening
Summary: conflicts related to lawyer who previously served as a Guardian ad Litem (GAL)
Adoption Date: 2018
Rules: Rule 4-1.8
Client-Lawyer Relationship
Conflict of Interest: Prohibited Transactions
Subject: Fees - Generally; Financial Assistance to Client
Summary: advancing cost of affidavit and opinion by health care provider and evaluation of case by medical expert
Adoption Date: 2018
Rules: 4-1.15
Client-Lawyer Relationship
Trust Accounts and Property of Others
Subject: Deceased Client; Trust Accounts and Safekeeping Property
Summary: funds of deceased client
2017
Adoption Date: 2017
Rules: 4-1.9; 4-1.10
Client-Lawyer Relationship
Duties to Former Clients
Imputation of Conflicts of Interest: General Rule
Imputation of Conflicts of Interest: General Rule
Subject: Conflict of Interest - Former Client; Conflict of Interest - Imputed Disqualification; Leaving a Law Firm
Summary: conflicts when lawyer leaving a law firm and joining another law firm
Adoption Date: 2017
Rules: 4-1.7; 4-1.10; 4-1.11
Client-Lawyer Relationship
Conflict of Interest: Current Clients
Imputation of Conflicts of Interest: General Rule
Special Conflicts of Interest for Former and Current Government Officers and Employees
Imputation of Conflicts of Interest: General Rule
Special Conflicts of Interest for Former and Current Government Officers and Employees
Subject: Conflict of Interest - Current Client; Criminal; Government Lawyers
Summary: 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
Adoption Date: 2017
Rules: 4-5.4
Law Firms and Associations
Professional Independence of a Lawyer
Subject: Deceased Lawyer; Fees - Division of Fees; Professional Independence of Lawyer
Summary: payment of lien of deceased lawyer
Adoption Date: 2017
Rules: 4-1.4; 4-1.6; 4-3.4
Client-Lawyer Relationship
Communication
Confidentiality of Information
Fairness to Opposing party and Counsel
Confidentiality of Information
Fairness to Opposing party and Counsel
Subject: Confidentiality; Fairness to Opposing Party and Counsel
Summary: court order to disclose confidential information
Adoption Date: 2017
Rules: 4-1.7
Client-Lawyer Relationship
Conflict of Interest: Current Clients
Subject: Conflict of Interest - Current Client;
Summary: lawyer serving as Guardian ad Litem (GAL) and counsel for the same individual
Adoption Date: 2017
Rules: 4-5.3; 4-1.4
Law Firms and Associations
Responsibilities Regarding Nonlawyer Assistants
Communication
Communication
Subject: Communication with Clients; Confidentiality; Supervision of Nonlawyers
Summary: lawyer's responsibilities when a nonlawyer assistant breaches confidentiality
Adoption Date: 2017
Rules: 4-1.5; 4-1.145; 4-1.15; 4-1.155
Client-Lawyer Relationship
Fees
Trust Accounts and Property of Others
IOLTA Accounts
Trust Accounts and Property of Others
IOLTA Accounts
Subject: Expert Witness - Lawyer Serving As; Fees - Generally; Trust Accounts and Safekeeping Property
Summary: expert witness fees; fees to be shared with another lawyer
2016
No Informal Opinions Issued This Year
Undated
(Note: These opinions were adopted prior to 2016)
Rules: 4-1.16; 4-1.22; 4-1.15;
Client-Lawyer Relationship
Declining or Terminating Representation
Retaining Client Files
Trust Accounts and Property of Others
Retaining Client Files
Trust Accounts and Property of Others
Subject: Client Files; Leaving a Law Firm
Summary: request for file by jointly represented client when lawyer leaving a law firm
Rules: 4-1.6; 4-1.4; 4-1.9
Client-Lawyer Relationship
Confidentiality of Information
Subject: Confidentiality
Summary: public financial disclosure; name of client and fees confidential
Rules: 4-1.9
Client-Lawyer Relationship
Duties to Former Clients
Subject: Conflict of Interest - Former Client; Divorce/Dissolution; Estates, Wills, and Trusts
Summary: former joint representation of clients in estate planning and financial transaction; subsequent representation of one of those former clients in custody matters
Rules: 4-4.2; 4-4.3; 4-4.4
Transactions with Persons Other than Clients
Communication With Person Represented by Counsel
Dealing With Unrepresented Person
Respect for Rights of Third Persons
Subject: Communication with Represented Persons; Communication with Unrepresented Persons
Summary: requesting public records from a state agency where client is also suing that same state agency
Rules: 4-3.7; 4-1.7; 4-1.9
Advocate
Lawyer as Witness
Subject: Lawyer as Witness
Summary: lawyer as witness; necessary witness
Rules: 4-1.5; 4-5.4
Client-Lawyer Relationship
Fees
Subject: Fees - Division of Fees; Professional Independence of Lawyer
Summary: division of fee agreement; lawyer subsequently disbarred
Rules: 4-1.7; 4-2.1; 4-1.8; 4-5.7
Client-Lawyer Relationship
Conflict of Interest: Current Clients
Conflict of Interest: Prohibited Transactions
Conflict of Interest: Prohibited Transactions
Subject: Conflict of Interest - Personal Interest; Conflict of Interest - Prohibited Transactions (see also Business Transaction with Client); Fees - Division of Fees;
Summary: referral fee agreement with company providing law-related services; conflict of interest
Rules: 4-1.15; 4-1.2; 4-1.4
Client-Lawyer Relationship
Trust Accounts and Property of Others
Subject: Communication; Trust Accounts and Safekeeping Property
Summary: lawyer being asked to sign subrogation agreement issued by Client's employee benefit plan to acknowledge subrogation and lien rights
Rules: 4-1.9; 4-1.6
Client-Lawyer Relationship
Duties to Former Clients
Confidentiality of Information
Confidentiality of Information
Subject: Confidentiality
Summary: information contained in public records confidential to lawyer