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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); Unauthorized Practice of Law; Multijurisdictional Practice of Law
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; Unauthorized Practice of Law; Multijurisdictional Practice 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: 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
Adoption Date: January 23, 2024
Rules: 4-5.5
Law Firms and Associations
Unauthorized Practice of Law; Multijurisdictional Practice of Law
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
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; 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
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
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
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
Communication
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
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
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
Subject: Failure to Pay or File Taxes; Procedure Following Suspension or Disbarment
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
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
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
Respect for Rights of Third Persons
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
Confidentiality of Information
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
Communication with Person Represented by Counsel
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
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
Confidentiality of Information
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
Reporting Professional Misconduct
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;
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
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
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
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
Confidentiality of Information
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
Competence
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
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
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
Scope of Representation
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
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
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
Competence
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
Scope of 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
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
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
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
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
Safekeeping Property
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
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
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
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
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
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
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
File Retention
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
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
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
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
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
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: 4-8.5
Adoption Date: 2019
Rules: 4-1.0; 4-1.2; 4-1.4; 4-8.4
Adoption Date: 2019
Rules: 4-1.0; 4-1.4; 4-1.15
Client-Lawyer Relationship
Communication
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
Confidentiality of Information
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
Communication
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
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
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
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
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
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
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
Accepting Appointments
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
Direct Contact With Prospective Clients
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
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
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
Fees
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
Competence
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
Subject: Confidentiality;
Summary: responding to online reviews
Adoption Date: 2018
Rules: 4-8.3; 4-1.1
Maintaining the Integrity of the Profession
Client-Lawyer Relationship
Reporting Professional Misconduct
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
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
Fees
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
Imputed Disqualification: General Rule
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; Guardian ad Litem - Lawyer Serving As; 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
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
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
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; Guardian ad Litem - Lawyer Serving As
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
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
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
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
Subject: Conflict of Interest - Personal Interest; Conflict of Interest - Prohibited Transactions (see also Business Transaction with Client); Fees - Division of Fees; Law-Related Services (a.k.a. Ancillary Business)
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
Subject: Confidentiality
Summary: information contained in public records confidential to lawyer