TOPICAL INDEX

Each link connects you to the correct chapter. Then you may use your browser to search (Ctrl + F in Internet Explorer) for the number (e.g. Misc.-11).

References are to the section of the book and NOT to the number of the opinion itself. Section references are as follows:

  • Adv. - Advertising
  • Of.Sh. - Sharing of Offices
  • Confi. - Confidences of client
  • Op.Pty. - Contact of opposing parties
  • C.ofInt. - Conflict of interest
  • Solic. - Solicitation
  • Fees - Fees
  • Un.Pr. - Unauthorized practice of law
  • Misc. - Miscellaneous

ABSTRACT COMPANY, ownership, Misc.-11
ADVANCING FINANCIAL ASSISTANCE TO CLIENT, C.ofInt.-215, 220, 243
ADVERTISING Abstract company, Adv.-13
Academic degrees, Adv.-53
Brochure content
Names of employee-assistant, Adv.-55
Plural noun usage, Adv.-55
Card, business or professional
In telephone directory, Adv.-31
Computer program of law firm, Adv.-46
Consulting service, Adv.-21
Direct mail solicitation, Adv.-69
Dissolution of law partnership, Adv.-65
Compensation based on performance, Adv.-54
Independent Contractor
Free legal services to elderly system, Adv.-23
Joint advertisement by separate attorneys, Adv.-68
Journal
Lay, Adv.-28
Legal check-ups, Adv.-18
Letterheads
Business, Adv.-85, 86
Failure to indicate death of partner, Adv.-10
Professional Corporation, Adv.-76
Letters to partnership's clients upon dissolution, Adv.-65
Membership in or on
Bar association, Adv.-21
Board of directors of bank, Adv.-4
Fraternal Organization, Adv.-52
Professional Organization, Adv.-52
Merchandising computer software of law firm, Adv.-46
Newsletter to clients, Adv.-66
Newspaper
Advertisement, distribution to students, Adv.-62
Free seminar, Adv.-84
Ownership, Adv.-17
Office
Listing where shared with corporation, Adv.-64
Pre-paid legal services panel, Adv.-28
Prohibited forms of, Adv.-23
Professional Corporation, firm name, Adv.-76
Publication (See also newspaper, journal)
Generally, Adv.-45
Political, Adv.-8
Radio
Free seminar, charge based on number responding, Adv.-83
Signs, sponsorship of bowling team, Adv.-9
Specialty, Adv.-51, 66
Areas of Practice, Adv.-53
Telephone directory
Patent, trademark, and copyright, Adv.-11

ADVISE AND COUNSELLING Malpractice of other attorney, Misc.-75
Opposing parties, Misc.-72
Persons with interest adverse to client, Misc.-28, 65
Radio question and answer program, Misc.-8
Unrepresented parties, Misc.-20, 65, 79

APPEAL Duty to appeal criminal conviction, Misc.-75
ATTORNEY AS WITNESS Associates, Misc.-95
Consent of parties, Misc.-36, 40
Disciplinary committee, Misc.-16
Discretion of court, Misc.-31, 36, 95
Financial hardship to client, Misc.-31, 40
Legal aid attorney, Misc.-40
Motion to withdraw, Misc.-79
Pre-trial discovery, motions, Misc.-97
Public defenders, Misc.-51
Uncontested matters, Misc.-31

ATTORNEY-CLIENT RELATION See DISCHARGE OF ATTORNEY; WITHDRAWAL FROMEMPLOYMENT
Client's competency to discharge attorney, Misc.-57
Defacto representation, Misc.-41
File ownership, Misc.-90
Inability to locate client, Misc.-74
See discharge of attorney; withdrawal from employment
Wrongful death litigation, Misc.-89

BANKRUPTCY Client's intention to file after dissolution of marriage, Misc.-77
Foreclosure of deed of trust, Misc.-21
Of attorney
Involving fraud, dishonesty, Misc.-100

BARRATRY, Misc.-73
BAIL BONDS, Misc.-71
BOND, executor or trustee serving without, Misc.-7
BUSINESS CARDS Certified public accountants, Misc.-45
Law firm employees, Misc.-45

CANDOR TO COURT, Misc.-103 Disclosure of death of client, Misc.-89
CHAMPERTY, Misc.-73
CERTIFIED PUBLIC ACCOUNTANT, lawyer also holding self out as, Misc.-13
CLIENT DICTATING COURSE, Misc.-92, 101, 104
COLLECTION AGENCY Accounts of "out of trust" creditors, Misc.-87
Advancing filing fees, Misc.-86
Refusal to return claim to agency, Misc.-87
Withdrawing claim from attorney, Misc.-87

COMPUTER, shared by others than lawyers, Misc.-22
CONFIDENCES OF THE CLIENT Attorney-client privilege, Confi.-31
Attorney misconduct
Obligation to refrain from knowingly filing false or incompleteinformation with court, Confi.-35
Discovered by co-attorney during alcohol and drug counseling, dutyto report to bar, Confi.-30
Discovered by co-attorney during course of representation of client,client consent to disclosure, Confi.-14
Bankruptcy, intention to file, Confi.-24
Class action, realignment of parties, Confi.-18
Cross-examination, possible use of information against former client,Confi.-20
Disclosure
Conservator
false statements of acts to court or bonding company,Confi.-35
misappropriation of funds, acts to bonding company,Confi.-52
Of acts of former client to government, Confi.-5, 46
Of attorney misconduct, Confi.-30
Of bankruptcy planned by client after dissolution, Confi.-24
Of clients' names and social security numbers to IRS, Confi.-5, 49,51
Of confidences to attorneys' malpractice carriers, Confi.-9
Of information from insured for insurer, Confi.-1, 41
Of information obtained in preparing will for decedent, Confi.-44
Of privileged information, legal vs. ethical question, Confi.-23
Of reports of criminal acts
potential criminal activity, Confi.-45
to client alleged to have committed them where source isanother client, Confi.-33
to law enforcement agencies, Confi.-33
to other clients who may be adversely affected, Confi.-33
Of subpoenaed client information, Confi.-48
Prior contact with spouse of party seeking representation in divorce,Confi.-40
Domestic relations
Legal services program, C.ofInt.-265
Evidence, non-disclosure to authorities or retention of, Confi.-32
Fee information to authorities, Confi.-25
Files
Adoption suit, Confi.-34
Former clients
Acts of, learned by third parties, Confi.-26
Disclosure, formal vs. information procedures, Confi.-16
Disclosure of information gained from prior representation, Confi.-2, 22, 42
Notice to former clients' defense attorneys prior to disclosure ofinformation, Confi.-16
Grievance procedure, prior representation of board, Confi.-26
Insurance agent, estate planning document to client, Confi.-38
IRS, providing names and social security numbers to, Confi.-5
Lay, entity or group
Living trusts, Adv.-81
Legal services program
Representation to both parties in divorce, Confi.-47
Living trusts, Adv.-81
program run by company, Confi.-50
Other firm members' information, Confi.-55
Partnership split-up, Confi.-23
Prosecuting attorney, Confi.-15, 28, 36
Shared offices, Confi.-37, 43
Unrelated matter against spouse of former client, Confi.-29
Waiver of confidentiality, Confi.-39

CONFLICT OF INTEREST Administrative hearing, C.ofInt.-263
Advancing financial assistance to client, C.ofInt.-215, 220, 243
Agreement not to represent subsequent complainants, C.ofInt.-86
Answer preparation for opposing party, C.ofInt.-14
Attorney as corporate officer, C.ofInt.-242
Attorney general (assistant), proceedings before state departments andbureaus
By employee, C.ofInt.-16
By employer, C.ofInt.-16
By partner, C.ofInt.-16
Condemnation suit, C.ofInt.-16
Criminal prosecution, federal, C.ofInt.-16
Criminal prosecution, state, C.ofInt.-16
Inheritance tax appraiser, C.ofInt.-5
Investigation being conducted against clients, C.ofInt.-108
Litigation from when an assistant attorney general, C.ofInt.-164
Liquor control laws, C.ofInt.-16
Municipal ordinance prosecution, C.ofInt.-16
Workers compensation, C.ofInt.-16
Automobile accidents
Employer/employee driver, C.ofInt.-259
Prosecuting attorney
County as defendant, C.ofInt.-117
Represent plaintiff after prosecution of defendant, C.ofInt.-61
Representation of passenger and driver, C.ofInt.-34, 118, 254, 270
Parent driver and child passenger, C.ofInt.-282
Bankruptcy
Representation of creditor against former client, C.ofInt.-174
Representation of shareholders and trustee, C.ofInt.-119
Bonds, attorney-in-fact for bonding company, C.ofInt.-17
Business relationship with client
Irrevocable assignment of collection payments to attorney, C.ofInt.-218
Circuit clerk/private practice, C.ofInt.-201
City attorney
As municipal judge of another city, C.ofInt.-54
As prosecutor for county, C.ofInt.-93, 170
Civil private practice
Defense of actions by city, C.ofInt.-70
Condemnation proceeding, city attorney owns parcel of subject realestate, C.ofInt.-188
Criminal private practice, C.ofInt.-20, 59, 68, 131, 191, 278
Municipal judge shares private practice telephone, C.ofInt.-161
Partner
Civil suit against city, C.ofInt.-205
Represent client before Board of Alderman, C.ofInt.-32
Treasurer of road district, C.ofInt.-214
Representation of
City employee against former client, C.ofInt.-121
City employees in private practice, C.ofInt.-94
City and other party/real estate transactions, C.ofInt.-89
Criminal defendants in circuit court in same county,C.ofInt.-248, 251
Requested to support council member running for office, C.ofInt.-240
Special counsel, handling ordinance violation, C.ofInt.-99
City counselor, see city attorney
City police officer/reserve officer, criminal private practice, C.ofInt.-192
City prosecutor
Civil private practice, C.ofInt.-90
Criminal private practice, C.ofInt.-68, 268
Clerk of judge/subsequent appearance before judge
Director/attorney
Represent customer in transaction with corporation,C.ofInt.-127
Sells property to corporation, C.ofInt.-25
Representation of
Former shareholder/corporation a former client. C.ofInt.-66
Individual defendant/corporation represented by insurancecarrier, C.ofInt.-131
Minority shareholder against corporation, C.ofInt.-91
Parent corporation and wholly-owned subsidiary, C.ofInt.-120
Shareholder and bankruptcy trustee, C.ofInt.-119
Spouse after death of sole shareholder against corporation,C.ofInt.-60
Termination of representation, C.ofInt.-160
Commission/quasi-government, former member/representation onmatters on file before resignation, C.ofInt.-36
Confidentiality
Encouraging clients to waive confidentiality as a part of Living trustsales operation, C.ofInt.-250
Corporation
Director/Attorney
Corporate counsel serving as director, C.ofInt.-261
Subsidiary, C.ofInt.-245
Corporate counsel, C.ofInt.-153, 261
County counselor
Representation of school district, C.ofInt.-179
Credit card program, attorney's interest in
Disclosure of attorney's interest, C.ofInt.-264
Criminal attorney/spouse as prosecuting attorney, C.ofInt.-111
Criminal law
Former client
Successive representation of co-defendants in same case,C.ofInt-235, 236
Disclosure, C.ofInt.-257
Domestic relations
Attorney contacted by one spouse but refused to discuss case nowrepresenting other spouse in dissolution, C.ofInt.-252
Former client, representation of former client's spouse against clientregarding marital issues, C.ofInt.-237
Previous representation related to child support of childfrom previous marriage, C.ofInt.-237
Joint petition, C.ofInt.-22
Legal services program
Both spouses qualify for services, C.ofInt.-265
Modification of decree
Against former client, C.ofInt.-100
Partner represented opposing party in original dissolutionof marriage, C.ofInt.-28
Multiple parties, guardian ad litem for child and third-partydefendant for transfer of property, C.ofInt.-143
Municipal judge
Cases in other cities, Misc.-93
Partners of, Misc.-93
Representation adverse to former client in domestic relations caseafter representing client on DWI, C.ofInt.-241
Representation of father and grandparents against mother, custody,C.ofInt.-140
Representation of one party in dissolution while representing both instep-parent adoption, C.ofInt-234
Representation of one spouse
After initial discussion with both parties, C.ofInt.-69
Against former client, C.ofInt.-125, 190, 200, 217, 283,287
Prepare answer for other spouse, C.ofInt.-14, 267
With consent of parties, C.ofInt.-125
Duty to report to disciplinary counsel, Misc.-108
Entry of appearance, preparation of, opposing party, C.ofInt.-14
Estate planning, C.ofInt.-223, 227
Beneficiaries jointly represented initially, now beneficiaries have aconflict, C.ofInt-233
Fees
Paid by third party, C.ofInt.-244
Payment by one co-client for both, C.ofInt.-229
Pecuniary interest adverse to client, C.ofInt.-229
Former client
Attorney contacted by one spouse but refused to discuss case nowrepresenting other spouse in dissolution, C.ofInt.-252
Child custody, C.ofInt.-217
Criminal law
Successive representation of co-defendants in same case,C.ofInt.-235, 236
Domestic relations, representation of former client's spouse againstclient regarding marital issues, C.ofInt.-237
Previous representation related to child support of childfrom previous marriage, C.ofInt-237
Previous joint representation of currently adverse parties, C.ofInt.-216
Representation adverse to former client in domestic relations caseafter representing client on DWI, C.ofInt.-241
Representation adverse to former client on same substantive issuesbut intervening change in law changes issues, C.ofInt.-225,226
Full disclosure, C.ofInt.-148
Government staff attorneys
Former government attorney, screening, C.ofInt.-228
Representation of fellow employees in accidents and trafficviolations, C.ofInt.-286
Guardian ad litem for juvenile, representation of parents, C.ofInt.-103
Imputed disqualification
Firm disqualification resulting from member's role as part-timeassistant prosecutor for child support enforcement, C.ofInt.-231
Law student may not work part-time for prosecutor and law firmthat does criminal defense, C.ofInt.-221, 223
Paralegal previously employed by opposing firm, C.ofInt.-222
Spouses in different firms, C.ofInt.-279
Insurance company as client
Confidences of insured, C.ofInt.-256
Reservation of rights defense while declaratory judgment action ispending, C.ofInt.-64
Suit by insured/co-counsel for uninsured defendant, C.ofInt.-88
Joint representation
Of driver and passengers
Driver consumed alcohol, conflict cannot be waived,C.ofInt.-249
Judge
Attorney is child of judge, C.ofInt.-230
Cases worked on prior to becoming judge, C.ofInt.-10
County court/practice before other courts, C.ofInt.-44
Municipal court
As assistant prosecuting attorney for county, C.ofInt.-102
As campaign manager for another, C.ofInt.-6
As city counselor for another city, C.ofInt.-54
Associate city judge/practice in municipal court, C.ofInt.-43
Criminal private practice, C.ofInt.-42, 43, 54
Partner represents plaintiff against city, C.ofInt.-135
Represent police officer in civil matter, C.ofInt.-73
Sharing private practice telephone with city attorney,C.ofInt.-161
Use of services, Misc.-94
Relative of judge employed by attorney, C.ofInt.-151
Juvenile court officer as client
Other matters, C.ofInt.-72, 173
Juvenile officer attorney
Non-juvenile defendants, C.ofInt.-19
Representation of criminal defendants, C.ofInt.-274
Lay, entity or group
Living trusts, Adv.-81
Legal aid bureau, pay clients, C.ofInt.-13
Legal education clinical program, claim against sponsoring university,C.ofInt.-204
Legal services corporation/legal aid
Juvenile matters, representing both parents, C.ofInt.-288
Lease from federally funded program, C.ofInt.-184
Living trust program, C.ofInt.-272
Representing both parents in juvenile matters, C.ofInt.-288
Unrelated subsequent matters, C.ofInt.-74
Living trusts, C.ofInt-223, 227
Loan to client, C.ofInt.-215, 220
Medicaid, C.ofInt.-262
Medical malpractice, C.ofInt.-95, 131
Member of town board
Attorney asked by board to represent town, C.ofInt.-238
Multiple clients
Passenger and drive, vehicular accident, Fees-54
Multiple firms, association with, C.ofInt.-269
Municipal judge
City as defendant, C.ofInt.-275
Nominal parties as client, C.ofInt.- 281
Notary public, C.ofInt.-82
Of counsel
Two firms, attorney "of counsel" in second firm, Adv.-80
Office sharing
Joint advertising results in treatment as single firm, C.ofInt.-246
Other interests
Client suing attorney's landlord, C.ofInt.-219
Parent and child with conflicting interests
Consent and waiver of conflict, C.ofInt.-282
Partnerships/professional corporations
Dissolution of partnership/notice to clients, C.ofInt.-84
Dual membership, C.ofInt.-255
Former partner now city attorney, C.ofInt.-32
Partner as necessary witness, C.ofInt.-183
Representation of multiple parties by partners, associates
Guardian of child and parents/abuse charge, C.ofInt.-103
Modification of dissolution decree/opposing party inoriginal dissolution, C.ofInt.-28
Trustee under deed and seller, C.ofInt.-92
With city attorney
Civil suit against city, C.ofInt.-71, 205
Defense of actions by city, C.ofInt.-70
Road district treasurer, C.oInt.-214
With County Industrial Commission Member, suit against county,C.ofInt.-284
With former assistant attorney general, C.ofInt.-164
With former prosecutor, C.ofInt.-173
With judge, C.oflnt.-42
With municipal judge, C.ofInt.-135, 275
With prosecuting attorney
Actions against state/police, C.ofInt.-51, 98, 176
Administrative agency/practice, C.ofInt.-62
Criminal practice outside of state, C.ofInt.-26
Municipal ordinance violations, C.ofInt.-23
Subsequent civil suit where summons issued, C.ofInt.-61,71
With relative of judge, C.ofInt.-151
With reserve police officer, C.ofInt.-192
Political campaign
City attorney requested to support council member running foroffice, C.ofInt.-240
Prepaid legal plan, C.ofInt.-142
Probate, C.ofInt.-216
Guardian ad litem may not represent guardian and conservator,C.ofInt.-280
Prosecuting attorney
Associate of law firm with pending condemnation cases, C.ofInt.-51
Child support enforcement assistant and question of disqualificationof private firm from criminal cases, C.ofInt.-231
City attorney serving as, C.ofInt.-93, 169
Civil private practice
Action against county official, C.ofInt.-150
Action against federal official, C.ofInt.-185
Action against defendant represented by relative, C.ofInt.-3
Action against state official, C.ofInt.-62
Before state agencies, C.ofInt.-62, 122
Child support, C.ofInt.-271
Claim by department of social services against probateestate, C.ofInt.-247
Defend county in federal civil rights suit brought bydefendant being prosecuted, C.ofInt.-212
Disqualification of co-counsel in criminal representation,C.ofInt.-266
Domestic relations matter, C.ofInt.-126
Matter related to completed prosecution, C.ofInt.-61, 260
Probate, C.ofInt.-247
Representation in automobile accidents, C.ofInt.-273
Representation of county as defendant/criminal chargescompleted, C.ofInt.-117
Representation of defendant/criminal charges pending,C.ofInt.-35, 49, 173
Representation of plaintiff/criminal charges pending,C.ofInt.-35, 194
Representation of wife for modification of maintenanceorder after collection of child support payments,C.ofInt.-211
Representation of wife in criminal matter and civil matteragainst husband, C.ofInt.-1
Co-counsel with assistant public defender, C.ofInt.-198
Condemnation proceeding, representation of landowner, C.ofInt.-15
County officials acting improperly, C.ofInt.-79
Criminal private practice
Completion of prior cases after appointment, C.ofInt.-159
Contempt action brought by another prosecutor, C.ofInt.-33
Defense of person formerly prosecuted C.ofInt.-2
Defense/other criminal matters, C.ofInt.-23, 68, 122
Federal ASCS violation, C.ofInt.-196
Obtain parole for persons prosecuted, C.ofInt.-7
Of other lawyers sharing space or partners, C.ofInt.-23, 80
Opposing other prosecutors, C.ofInt.-23, 122
Disqualification at earlier stage, change of facts eliminating originalreason for disqualification, C.ofInt.-232
Former assistant, screening, C.ofInt.-228
Former client of partner now prosecution witness, C.ofInt.-178
Former defense counsel/subsequent action against former client,C.ofInt.-187
Former prosecuting attorney/subsequent criminal practice,C.ofInt.-30, 173, 189
Former public defender, C.ofInt.-63
Guardian ad litem, incompetency proceeding, C.ofInt.-154
Law student may not work part-time for prosecutor and law firmthat does criminal defense, C.ofInt.-224
Municipal judge, C.ofInt.-102
Partner's civil suit against city/county/state, C.ofInt.-51, 176
Probate practice, C.ofInt.-167
Represent department of revenue against former crime victim,C.ofInt.-157
Represent juvenile court, C.ofInt.-173
Welfare fraud, C.ofInt.-112
Providing representation to non-legal business which provides legal workfor individuals, C.ofInt.-223, 227
Public Defender
Assistant public defender
Assistant attorney general, C.ofInt.-208
Co-counsel with assistant prosecuting attorney,C.ofInt.-198
Continued representation after client files motion allegingineffective assistance, C.ofInt.-285
During absence of public defender/pending cases,C.ofInt.-141
Former client now adverse witness, C.ofInt.-74
Former prosecuting attorney, C.ofInt.-165
Multiple clients, C.ofInt.-141
Spouse of prosecuting attorney, C.ofInt.-180
Relatives, C.ofInt.-263, 282
Attorney is child of judge, C.ofInt.-230
Representation of
Cities and road district against the county, C.ofInt.-239
Civil defendant when former client is plaintiff, C.ofInt.-121
Client after consultation with former attorney for defendant,C.ofInt.-115
Client against county where partner is Industrial Commissionmember, C.ofInt.-284
Client against distant relative, C.ofInt.-253
Client/attorney as potential witness, Misc.-95, 97
Client before county council/attorney on board of policecommissioners, C.ofInt.-58
Client with conflicting interests
Nominal plaintiff represented by attorney may not be suedby same attorney for another case, C.ofInt.-281
Representing wife in civil action while prosecutinghusband, C.ofInt.-1
Consent withdrawn by former client, C.ofInt. 125
Criminal defendant when
Attorney is a member of the city commission, C.ofInt.-109
Attorney is sharing space with prosecutor, C.ofInt.-80, 84
Attorney for juvenile office, C.ofInt.-274
Customer against corporation, attorney on board of directors,C.ofInt.-127
Divorce no-fault law, C.ofInt.-21
Employer/employee
Workers' compensation, C.ofInt.-259
Employer wronged by employee/former client, C.ofInt.-257
Estate of appraiser when representing landowner in condemnationproceeding, C.ofInt.-199
Federal defendant, C.ofInt.-196
Former client now adverse witness, C.ofInt.-74
Former shareholders in action by former client corporation,C.ofInt.-66
Former witness, for libel and slander, C.ofInt.-11
Guardian ad litem may not represent guardian and conservator,C.ofInt.-280
Insurer and insured, C.ofInt.-256
Landowner, for condemnation proceeding and estate of appraiser,C.ofInt.-199
Multiple clients
Administrator and heirs, C.ofInt.-107, 133
Defendant and victim, C.ofInt.-172
Differing interests, C.ofInt.-239
Doctor and hospital, medical malpractice, C.ofInt.-95
Father and grandparents against mother, custody,C.ofInt.-140
Juvenile matters, C.ofInt.- 288
Passenger and driver, vehicular accident, C.ofInt.-34, 118,254, 270, 282
Shareholder and bankruptcy trustee, C.ofInt.-119
With potential conflict, C.ofInt.-108, 183, 277
One spouse after representing both, C.ofInt.-69, 186, 190, 200
One spouse against former client, C.ofInt.-283, 287
Opposing clients
By lawyers sharing space, C.ofInt.-84
For unrelated matters, C.ofInt.-128
Partner's former client as witness, C.ofInt.-178
Plaintiff against
Client on unrelated matter, C.ofInt.-162
Country club while serving as director, C.ofInt.-132
Estate of former client, C.ofInt.-170
Former client
Bankruptcy proceeding, C.ofInt.-174
Corporation/utility, C.ofInt.-136
Incompetency proceeding, C.ofInt.-145
Dissolution of marriage, C.ofInt.-100, 125, 190
Prepaid legal plan, C.ofInt.-142
With consent of parties, C.ofInt.-114, 156, 186
With potentially damaging knowledge, C.ofInt.-149
Work pending, C.ofInt.-162
Former client's spouse, C.ofInt.-197
Former shareholder against remaining shareholder, C.ofInt.-206
Relative of client on unrelated matter, CofInt.-69, 124
School board when partner a director, C.ofInt.-183
Subsequent complainant, C.ofInt.-86
Road district attorney, partner to become city attorney, C.ofInt.-214
Separate business, C.ofInt.- 242
Spouses representing adverse parties, C.ofInt.-279
Trustee lawyer, represent executor of trust estate, C.ofInt.-12
Waiver of issuance of summons, for opposing party, C.ofInt.-14
Wills, recommending lawyer be named as attorney for executor,C.ofInt.-18
Witnesses, interests adverse to client, C.ofInt- 276
Workers compensation
Representation of parent company and wholly-owned subsidiary,C.ofInt.-120

CONTACT OF OPPOSING PARTIES Communication
Former client, Op.Pty-11
Investigator who is attorney in non-attorney position, Op.Pty-13
Non-attorney contacting defendant's employee, Op.Pty-16
With claims adjuster when there is defense counsel, Op.Pty-4
With corporate officers rather than corporate attorneys, Op.Pty-9
With defendant by plaintiff's attorney, Op.Pty-2
In FELA case, Op.Pty-15
With former employee of corporate defendant, Op.Pty-14,16, 17
With employee of defendant involved in accident, Op.Pty-10,12
With employee of defendant not involved in accident, Op.Pty-12
With employer's doctor in worker's comp case on non-substantivematter (failure to receive copy of examination report),Op.Pty-18
With independent contractor of corporate defendant, Op.Pty-14
With opposing party, by sending copies of correspondence, Op.Pty-3
With plaintiff's physician without authorization, Op.Pty-1
With victim by defense attorney, Op.Pty-8
With victim by prosecutor, Op.Pty-8
Jurisdiction
Governing jurisdiction where Missouri attorney is in another state,Op.Pty-16
Preparation of letters to be sent by client to another corporation's officers,Op.Pty.-9
Second opinion to another attorney's client, Op.Pty-19
Witnesses
Contact by defense attorney without notifying prosecutor, Op.Pty-8
Prosecutor contacting, Op.Pty-8
CONTACTS WITH UNREPRESENTED ADVERSE PARTY, Misc.-20COPYRIGHT ATTORNEYS, listing as such, Misc.-6CORPORATION Attorney/corporate officer, conflicts of corporation are conflicts of firm,C.ofInt.-242
Attorney employee, Misc.-1
COURT COST DEPOSIT REFUND, Misc.-77COURT REPORTER'S EXPENSES, Misc.-46CRIMINAL LAW Conflict of interest
Former client
Successive representation of co-defendants in same case,C.ofInt.-235, 236
DEBT COLLECTION, Misc.-28, 38Informing debtor of possible criminal violations, Misc.-102DESTRUCTION OF RECORDS, Misc.-78DISCHARGE OF ATTORNEY Client's competency to discharge attorney, Misc.-57
Client advises has discharged prior attorney, Misc.-65
Discharge by one of multiple clients, Misc.-79
Duty after discharge, Misc.-57, C.ofInt.- 262
Return of file, Misc.-90
DISCIPLINARY COMMITTEE Cooperation with, Misc.-16
Duty to report, Misc.-108
DISCLOSURE Of death of client, Misc.-89
DISMISSAL OF ACTIONS,
inability to locate client, Misc.-74
DISQUALIFICATION
Attorney
Government attorneys, Misc.-33, 37
Prior representation of adverse interest, Misc.-29, 37
Judges
Allegation of incompetency, Misc.-58
Spouses
In opposing firms, does not disqualify other lawyers in firm,C.ofInt.-279

DISSOLUTION OF MARRIAGE
Contacting adverse party, Misc.-20, C.ofInt.-267
Inability to locate client, Misc.-74

DOMESTIC RELATIONS
Conflict of interest
Attorney contacted by one spouse but refused to discuss case nowrepresenting other spouse in dissolution, C.ofInt.-252
Former client, representation of former client's spouse against clientregarding marital issues, C.ofInt.-237
Previous representation related to child support of childfrom previous marriage, C.ofInt.-237
Representation adverse to former client in domestic relations caseafter representing client on DWI, C.ofInt.-241
Representation of one party in dissolution while representing both instep-parent adoption, C.ofInt-234

DUTY TO REPORT,
Misc.-108
DUAL EMPLOYMENT,
Misc.-47
ENROLLMENT FEE WHEN PASS BAR BEFORE JAN. 20,
Misc.-3
ENTRY OF APPEARANCE
,erroneous entry of appearance, Misc.-41
ESTATE PLANNING
Conflict of interest
Beneficiaries jointly represented initially, now beneficiaries have aconflict, C.ofInt.-233

EXPERTS
Fee disputes with client, Misc.-39
Payment of expert fees, Misc.-39

FEES
Client must have clear understanding, Fees-2, 34
Collection
bonus to employee, Fees-47
bonus to independent contractor, Fees-47
Collection agency use, Fees-44
Consultant fees, Fees-23
Contingent fee
Ad valorem tax matters, Fees-18
Collection from opposing party auto owner, Fees-10
Collection of fees, Fees-44
Discharge of attorney by client, Fees-39
Dissolution of marriage
Final judgment, Op.Pty-46, Fees-49
Property division, Fees-48
Domestic matters, Fees-14, 30, 45, 46
Effect of substitution of counsel, Fees-26
Effect of reduction of recovery by subrogation, Fees-8
Estate administration, Fees-38
Expenses under, Fees-1, 3
Lien after discharge, C.ofInt.- 270
Propriety of, Fees-38
Workers compensation, subrogation, Fees-8
Corporation, salaried attorney, Fees-6, 9, 22, 35
Counterclaim, charge for, Fees-11
Credit cards, Fees-13
Dissolution of marriage actions, Fees-14, 17
Division of fees
After appointment to bench, Fees-4, 7
Co-counsel, Fees-43, 50
Collection matters, Fees-5, 44
Generally, Fees-43
Inactive lawyer, Fees-43
Lay persons, Fees-5, 12, 19, 41
Multiple clients, passenger and driver in vehicular accident, Fees-54
Flat monthly fee based on number of traffic cases handled for employer,Fees-53
Inability to pay, Fees-32
Increase in fee, Fees-27, 34
Minimum, Fees-34
Misrepresentation of terms, Fees-34
More than agreed upon, Fees-11, 34
More than allowed by court or tribunal, Fees-29
Opposing party auto owner, payment of finance company's attorney'sfees, Fees-10
Paid by third party, C.ofInt.-244 Partnership
Disagreement with former associate, Fees-52
Dissolution, Fees-43
Percentage of recovery of increased revenue, Fees-18
Prepaid legal services, Misc.-91
Referral of legal business
By lawyer, Fees-43, 44
Refunds of cost deposits, Fees-34, Misc.-96
Retainer
contract for monthly payment concurrent with rendering services,Fees-47
marketing plan to collect, Fees-47
Stock in corporation for representation, Fees-16
Suit for, Fees-42, 51
Terms/Charge
Basis for, Fees-27, 38
Reasonableness, Fees-32
Trust accounts
Interest on, Fees-24, 25, 40
Status of, Fees-24
Unearned fees, Fees-33
Trustee, guardianship funds, Fees-21
Unearned, Fees-33
Unpaid
assignment, Fees-46
suit for, Fees-42, 51
Withdrawal
Before case completed, Fees-55
Due to nonpayment, Fees-36
Withholding of client's property to enforce payment, Fees-15

FORECLOSURES
, Misc.-21
FUNDS
Commingling with clients, Misc.-15, 96, 109
Unclaimed funds of client, Misc.-96, 109

GOVERNMENT ATTORNEY, former government attorney, screening, C.ofInt.-228
INCOMPETENT CLIENT, discharge of attorney, Misc.-57
INSURANCE AGENT
, sharing office, Misc-72
LAW OFFICES
(see office sharing)
LEGAL AID BUREAU
, accepting pay clients while on staff, Misc.-10
LAW SCHOOL
, clinical experience to students, Misc.-84
LAW STUDENT
, may not work part-time for prosecutor and law firm that doescriminal defense, C.ofInt.-221, 224
LETTERHEADS
Attorneys "on leave", Misc.-33
Deceased firm members still on, Adv.-82
Generally, Adv.-85, 86
Government attorneys, Misc -33
In-house attorney, Adv.-59
Maiden name, Adv.-78
Non-partners on letterhead, Misc.-32, 53
Patent, trademark and copyright practice, Misc.-5
Professional corporation
Omitting "P.C." after formation, Adv.-79
Professional organization, Adv.-60
Of counsel designation, Misc.-53, 59
Two firms, attorney "of counsel" in second firm, Adv.-80
Watermarked names, Misc.-4

MALPRACTICE
Duty to inform negligent attorney, Misc -76
Duty to report to client, Misc.-34

MISCELLANEOUS
Bar dues for licensed Missouri attorney paying out-of-state fees whileworking in Missouri for federal government, Un.Pr.-65
MULTIPLE OFFICES
, Misc.-72
OFFICE SHARING
Accountant, employed by while practicing law, Of.Sh.-21
Attorneys sharing offices, Of.Sh.-6, 7, 20
Business operated from, Of.Sh.-11, 21
Business with a layman, Of.Sh.-1
Common areas, Of.Sh.-16, 19
Common computers, Of.Sh.-5
Common equipment, Of.Sh.-20
Common reception room, Of.Sh.-10, 16, 20
Common receptionist, Of.Sh. 16, 20
Common secretaries, Of.Sh.-20
Common telephone, Of.Sh.-17, 20
Contiguous offices, Of.Sh.-6, 16
Expense, Of.Sh.-20
Insurance, Of.Sh.-11
Joint advertisement by separate attorneys, Of.Sh.-23
Letterheads, Of.Sh.-4, 7, 12, 13
Meeting rooms, Of.Sh.-16
Multiple firms, association with, C.ofInt.-269
Opposing parties, representation of, Of.Sh.-9, 10, 20
Other business, Of.Sh.-1, 18, 22
Prosecuting attorneys, Of.Sh.-9
Psychologists, Of.Sh.-3
Public defenders, later employed by assistant circuit attorney, Of.Sh.-2
Real estate, Of.Sh.-8, 16
Referrals, Of.Sh.-8, 11
Rental of space, Of.Sh.-11, 19
Second office, Of.Sh.-11
Signs, Of.Sh.-3
Sole practitioners, Of.Sh.-7, 9, 10, 12
Telephone numbers, Of.Sh.-17

OFFICERS OF THE COURT
Comments about judges, Misc.-34, 58
Debt collection, Misc.-28, 38

PARALEGALS
Conflict of interest
Previously employed by opposing firm, C.ofInt.-222

PARTNERSHIPS
Between C.P.A. and lawyer, Misc.-13
PERJURY BY CLIENT
Duty to withdraw, Misc.-103
PHYSICIANS
Fee disputes with client, Misc.-39
Payment of physician fees, Misc.-39

PLEADINGS
Maiden name, use of on, Adv.-78
PRACTICE OF LAW
Agreements restricting practice of law, Misc.-68
Termination of practice
Professional corporations, Misc.-56

PREPAID LEGAL SERVICES
, Misc.-92
PROFESSIONAL CORPORATIONS
Attorney/employee as director or officer, Misc.-107
Offices in different states, Misc.-59
Non-lawyer as director or officer, Misc.-14
Termination of professional corporations, Misc.-56

PROSECUTING ATTORNEYS
Agreements to dismiss charges, Misc.-62
Child support enforcement assistant, question of disqualification ofprivate firm from criminal cases, C.ofInt-231
City prosecutor
Criminal private practice, C.ofInt.-268
Civil private practice
Child support, C.ofInt.-271
Disqualification of co-counsel in criminal representation, C.ofInt.-266
Representation in automobile accidents, C.ofInt.-266, 273
Conflict of interest
Disqualification at earlier stage, change of facts eliminating originalreason for disqualification, C.ofInt-232
Representation of estate against claim by department of socialservices, C.ofInt.-247
Defending cases in other counties, Misc.-2
Discuss prosecution with trial judge, Misc.-9
Former assistant, screening, C.ofInt.-228
Law student may not work part-time for prosecutor and law firm thatdoes criminal defense, C.ofInt.-221, 224
See office sharing
Relationships to county officials, Misc.-49

REAL ESTATE
, foreclosures, Misc.-21
RECORDING CONVERSATIONS
, Misc.-30
REFERRALS
Bail bonds, Misc.-71
Dissolution actions, Misc.-19
Referrals by clients, Misc.-106
Referrals by laymen, Misc.-19, 106
Referrals by organizations, Misc.-19
Referrals by organized bar, Misc.-19

RESTITUTION TO VICTIMS OF CRIME
Attorney providing restitution, Misc.-50
SETTLEMENTS
Agreement to restrict attorney's practice, Misc.-68
Client's refusal to settle, Misc.-57

SOLICITATION
Advertising, see ADVERTISING
Bar association
Lawyers, Solic.-7, 20
Non-legal matters, Solic.-11
Brochure
Distribution in other places of business, Adv.-87
Distribution to clients in attorney's office, Adv.-87
Christmas cards, Solic.-12
Class action members, Solic.-36, Misc.-106
Clients
Christmas cards, Solic.-12
Fee arrangement, phone contact, Adv.-72
Former firm, Adv.-74
Group representation, Solic.-39
Inclusion in pre-paid legal plans, Misc.-91
Newspaper ad, Solic.-8
Organized referral society, Solic.-39, Un.Pr.-60, 62, 72, 74
Personal relations, Solic.-39
Persons similarly situated, Solic.-36
Consulting service
Referral, Adv.-73
For consideration, Adv.-73
Unauthorized practice of law, Adv.-73
Contingent fee cases, Solic.-4
Counterclaims, Solic.-4
Direct mail solicitation, Adv.-69
Displays, Solic.-42
Dissolution of law partnership, Adv.-65
Experience, lack by attorneys in former firm, Adv.-74
Forums, participation in, Solic.-13
Lay, entity or group, Solic.-1, 3, 10, Un.Pr.-67
Living trusts, Adv.81
Legal aid bureau. Solic.-16
Letters to partnership's clients upon dissolution, Adv.-65
Marketing firm

Payment basis, Adv.-63, 70
Solicitation by telephone, Adv.-83
Use of firm, Adv.-63, 70
Membership in or on
Fraternal Organization, Adv.-52
Political Organization, Adv.-52
Merchandise
Distribution of imprinted pens, Adv.-75
Newsletter, Solic.-66
Newspaper with ad, distribution to students, Adv.-62
Offer
Special expertise, Solic.-6
Personal contact or letter, Solic.-48
Recruitment of clients, Solic.-8
Reduction of ad valorem assessments, Solic.-18
Referral
Data gathered by non-lawyer, Adv.-57
Donation to church sponsoring meeting on wills, Adv.-58
Exchange with financial planner, Adv.-75
Financial planner, Adv.-75
Independent company on estate planning, Adv.-57
Insurance agent on estate planning, Adv.-56, 71
Will preparation for church members, Adv.-58, 61
Seminars, participation in, Solic. 13, 43
Free, advertising in newspaper, Adv.-84
Free, solicitation by attorney during, Adv.-84
Specialty, ad., Adv.-66
Traffic accidents
Purchase of list, Adv.-67
Representing company employees, Adv.-67
Wills
Organized drafting, Solic.-33, 43
Sample clauses, Solic-33
Seminars, Solic.-43

THREATENING CRIMINAL PROSECUTION
Informing debtor of possible criminal violation, Misc.-102
TRADEMARK ATTORNEYS, listing as such, Misc.-6

TRUST ACCOUNT
Inadequate records, Misc.-109
Client's funds, Misc.-15, 96, 109
Escheat, Misc.-88

TRUSTEES
Foreclosure, Misc.-21
Effect of bankruptcy, Misc.-21

UNAUTHORIZED PRACTICE OF LAW
Attorney employed by insurance adjuster, Un.Pr. 12, 13
Attorney/employee serving as director and officer of professionalcorporation, Un.Pr.-76
Attorneys licensed in other states, Un.Pr.-27, 63, 68
Automobile Clubs, Un.Pr.-1
Bond houses, Un.Pr.-28
Collection agency
Advice to debtors re assets subject to execution, Un.Pr.-33
Collection letters, Un.Pr.-33
Employed by attorney, Un.Pr.-11
Procedures, Un.Pr.-40, 54
Corporate staff attorney
Filing of pleadings, Un.Pr.-34
Other matters, Un.Pr.-46
Corporate status, Un.Pr.-69, 78
Duty to report, Un.Pr.-77
Fee Splitting, Un.Pr.-51, 52, 53, 58, 61, 62, 64, 67, 71
Investment bankers, Un.Pr.-2
Lay person
Accountant, Un.Pr.-20
Accountant-lawyer IRS appearance, Un.Pr.-49
Adjustment of claims by attorney, Un.Pr.-24
Adjustment of claims by lay employee of attorney, Un.Pr.-9
Administrative hearings, appearance, filing of pleadings, Un.Pr.-29,36, 38
Associate (magistrate) court clerks, Un.Pr.-23
Associate (magistrate) court practice, Un.Pr. 17
Bank, Un.Pr.-6, 19
Claim adjusters for insurance companies, Un.Pr.-26
Claim adjustment business, Un.Pr.-24
Collection agency, Un.Pr.-11, 33, 40
Corporations, Un.Pr.-3, 4, 16, 22, 32, 34
Credit exchange, Un.Pr.-2
Employee of company developing estate plans, Un.Pr.-59, 72, 74
Employee of company with living trust program, Confi.-50
Executor/personal representative, preparation of deeds, Un.Pr.-18
Finance company, filing garnishments on judgment, Un.Pr.-42
Fire adjusters, Un.Pr.-13
Foreign corporations, applying to do business, Un.Pr.-22
Government staff attorney, cannot act in another state to registerjudgment, Un.Pr.-43
Incorporation papers, filing by, Un.Pr.-32
Insurance adjusters, Un.Pr.-7, 8, 26
Insurance adjustment company, Un.Pr.-8, 10, 12, 13
Insurance agent, Confi.-38, Un.Pr.-57
Juvenile officer, Un.Pr.-39
Living trusts, Adv.-81
Lobbyist, Un.Pr.-31
Magistrate (associate) court clerks, Un.Pr.-23
Magistrate (associate) court practice, Un.Pr.-17
Municipal ordinance codification, Un.Pr.-25
Partnership with non-lawyer, Un.Pr.-48
Planning commissions, employment of attorney, Un.Pr.-47
Preparation of tax returns by bank employee, Un.Pr.-19
Pro Se representation, Un.Pr.-43
Real estate agents, Un.Pr.-5
Refund company, Un.Pr.-14
Secretary in Missouri professional corporation for the practice oflaw, Un.Pr.-56
State tax commission, Un.Pr.-29
Statutory duties, performance of, Un.Pr.-39, 41
Wills and trusts, preparation of, Adv.-77
Workers compensation judge, appearance before, Un.Pr.-7
Legal assistants or staff
Appearance at court, Un.Pr.-50
Appearance at docket calls, Un.Pr.-50
Association with opposing attorneys, Un.Pr.-55
Licensed in another state, attorney residing in Missouri, Un.Pr.-27
Non-resident not licensed in Missouri, Un.Pr.-15, 21
Office located in adjacent county and state, Un.Pr.-35
Out-of-state lawyer
Court appearances when Missouri counsel not present, Un.Pr.-37
Practicing as visiting attorney, Un.Pr.-66
While residing in Missouri, Un.Pr.-79
Practice in other states, Un.Pr. 41
Radio broadcast on refunds, Un.Pr.-14
Sole incorporator, Un.Pr.-32
Statutory duties
Juvenile officer, Un.Pr.-39
State auditor, Un.Pr.-41
Title companies, Un.Pr.-30, 73
Worker's Compensation Commission, appearance before, Un.Pr.-7

WIRE TAPPING
, Misc.-30
WITHDRAWAL FROM EMPLOYMENT
Appeal, Misc.-98
Client's interference with representation, Misc.-92, 101
Client's refusal to settle, Misc.-104
Discharge by one of multiple clients, Misc.-79
Duties to client, Misc.-104
Duty to notify client, Misc.-41, 74, 101
Erroneous entry of appearance, Misc.-41
Incompetent clients, Misc.-57, 64
Lack of contact with client, Misc.-101
Material adverse impact, Misc.-104
Meritless claims, Misc.-64
Perjury of client, Misc.-103
Prior to filing, Misc.-99
Return of file, Misc.-90
Return of funds, Misc.-99

WITNESSES
Contact by attorney in criminal case, C.ofInt.- 276
Recording conversation, Misc.-30
Threat to commit suicide if deposed, Misc.-105
See WORK RECORDS, attorney as witness, Misc.-78