Informal Advisory Opinions Search

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct)Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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Opinion Number: 2024-06
Adoption Date: January 23, 2024
Rules: 4-1.18; 4-1.22; 4-1.15; 4-1.16; Scope [17]
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
Opinion Number: 2024-05
Adoption Date: January 23, 2024
Rules: 4-5.5; 4-8.5
Subject: Choice of Law; Unauthorized Practice of Law; Multijurisdictional Practice of Law
Summary: Out-of-state lawyer reviewing purchase documents
Opinion Number: 2024-04
Adoption Date: January 23, 2024
Rules: 4-5.5; 9.03
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
Opinion Number: 2024-03
Adoption Date: January 23, 2024
Rules: 4-5.5
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
Opinion Number: 2024-02
Adoption Date: January 23, 2024
Rules: 4-5.5; 8.105; 8
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
Opinion Number: 2024-01
Adoption Date: January 23, 2024
Rules: 4-7.5; 4-7.1
Subject: Advertising and Solicition; Firm Names; Retirement (see also Inactive Status or Of Counsel)
Summary: Law firm name and retirement of lawyer
Opinion Number: 2023-10
Adoption Date: October 18, 2023
Rules: 4-1.4, 4-1.6, 4-2.1, and 4-8.4(d)
Subject: Litigation Loans
Summary: litigation loans pursuant to the Missouri Consumer Legal Funding Act
Opinion Number: 2023-09
Adoption Date: July 27, 2023
Rules: 4-1.15; 4-1.6
Subject: Trust Accounts and Safekeeping Property
Summary: lawyers may not use third-party payment programs where advanced paid legal fees or expenses are not deposited directly in a client trust account
Opinion Number: 2023-08
Adoption Date: July 27, 2023
Rules: 4-1.8
Subject: Business Transaction with Client (see also Conflict of Interest - Prohibited Transactions); Conflict of Interest - Prohibited Transactions (see also Business Transaction with Client)
Summary: lawyer may be named as successor trustee in estate planning documents prepared by lawyer so long as lawyer complies with requirements of Rule 4-1.8(a)
Opinion Number: 2023-07
Adoption Date: July 27, 2023
Rules: 4-1.15
Subject: Retirement (see also Inactive Status or Of Counsel); Trust Accounts and Safekeeping Property
Summary: lawyer closing trust account upon retirement
Opinion Number: 2023-06
Adoption Date: July 27, 2023
Rules: 4-1.6; 4-8.1; 5.08
Subject: Confidentiality; Disciplinary Matters
Summary: lawyer disclosure of client confidential information in disciplinary investigation
Opinion Number: 2023-05
Adoption Date: July 27, 2023
Rules: 4-8.3; 5.20; 5.21
Subject: Misconduct - Criminal Act by Lawyer; Reporting Professional Misconduct - Self-Reporting
Summary: lawyer is required to self-report a finding or plea of certain criminal conduct or discipline in another jurisdiction within 10 days, but not to self-report misconduct generally
Opinion Number: 2023-04
Adoption Date: April 26, 2023
Rules: 4-3.7
Subject: Lawyer as Witness
Summary: lawyer as witness when representing client in order of protection
Opinion Number: 2023-03
Adoption Date: April 26, 2023
Rules: 4-1.5, 4-5.4
Subject: Fees - Division of Fees; Retirement (see also Inactive Status or Of Counsel)
Summary: payment of fees to retired lawyer
Opinion Number: 2023-02
Adoption Date: April 26, 2023
Rules: 4-8.3
Subject: Maintaining the Integrity of the Profession; Reporting Misconduct of Another Lawyer
Summary: no duty to report misconduct of another lawyer for a lawyer representing that other lawyer whose conduct is in question
Opinion Number: 2023-01
Adoption Date: April 26, 2023
Rules: 4-1.14, 4-1.2, 4-3.4, 4-1.4
Subject: Diminished Capacity of Client
Summary: lawyer appointed to represent client in guardianship proceedings and diminished capacity
Opinion Number: 2022-10
Adoption Date: 2022
Rules: 4-1.22; 4-1.6; 4-1.4; 4-1.16; 4-5.3
Subject: Client Files
Summary: file destroyed in natural disaster
Opinion Number: 2022-09
Adoption Date: 2022
Rules: 4-1.15
Subject: Trust Accounts and Safekeeping Property
Summary: fraudulent check on client trust account
Opinion Number: 2022-08
Adoption Date: 2022
Rules: 4-1.15; 4-1.6
Subject: Trust Accounts and Safekeeping Property
Summary: depositing check electronically
Opinion Number: 2022-07
Adoption Date: 2022
Rules: 4-1.4; 4-1.6; 4-5.3
Subject: Confidentiality; Supervision of Nonlawyers
Summary: email sent to incorrect address