1996 Cumulative Supplement
Missouri Advisory Opinions
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
Employee of company to provide opinions to company, Un.Pr.-92
Employee of company to provide opinions to individuals, Un.Pr.-92
Retainer by company to provide services to public, Of.Sh.-27, Un.Pr.-82
ADVANCING FINANCIAL ASSISTANCE TO CLIENT, see CONFLICT OF INTEREST ADVERTISING Advertising disclaimer, see ADVERTISING DISCLAIMER
Advertising firm, use of, Un.Pr.-80
Advertising firm used for direct mail, Adv.-89
Card, business or professional
Law firm employees, Adv.-96
Consulting attorney, need to include in ad, Adv.-91
Contingent fee disclaimer
Contingent fee not mentioned in ad for personal injury, Adv.-106
Newsletter, Adv.-101, 105
Required, Adv.-120
Social security case, additional information in ad, Adv.-104
When attorney never charges client costs or expenses,
Adv.-95
Direct mail solicitation, Un.Pr.-80
Duty to supervise seminar advertising of non-attorney,
Adv.-117
Fictitious name, must also use PC name, Adv.-97
Firm name, see LETTERHEADS
Initials of firm on signs, napkins, stationery, etc., Adv.-111
Letterheads, see LETTERHEADS
Misleading, Adv.-120
Disclosure of relationship with subsidiary firm required, Adv.-115
Firm established 19XX using date member of predecessor firm began practice, Adv.-121
Living trust "revolutionary" and "risk free," Adv.-110
Members of predecessor firm shown on letterhead, Adv.-121
"Of counsel" used to list attorney associated with business as advisor and officer, Adv.-122
Testimonial by attorney for non-attorney, Adv.-92
Using phrase "class action suit" when class not yet
certified, Adv.-128
Word "firm" in name of solo practice, Adv.-118, 131
Radio
No need to determine mental state, Adv.-90
Radio and television, Op.Pty.-22
Readily verifiable
Defended clients against "unjust" claims, Adv.-113
Solicitation, see SOLICITATION Television
No need to determine mental state, Adv.-90
Testimonial by attorney for non-attorney, misleading, Adv.-92
Unjustified expectation
Statement "over $X recovered in damages," Adv.-113
ADVERTISING DISCLAIMER Announcements, brochures, newsletters, firm resume, Adv.-101, 105, 123, 130, 132
Distribution of book or letter offering book for free by attorney author, Adv.-100
Letter to potential class action plaintiffs, Adv.-128
Letter sent to former estate planning clients to update plan, Adv.-98
Letter re estate planning to people associated with charitable organization, Adv.-119
ADVICE AND COUNSELLINGClient as witness, Misc.-118
ATTORNEY-CLIENT RELATIONActual role supersedes title, Misc.-113
Authority of client when multiple clients, Misc.-114, 134
Client as witness, Misc.-118
Client competency, Misc.-134
Disputes submitted to arbitration, Misc.-112
Employee of general business corporation to provide opinions for individuals, Un.Pr.-92
File ownership, Misc.-115, 129, 135
Obligation upon declining representation, Misc.-139
Prospective limitation of attorney's liability, Of.Sh.-25
Referral by collection agency, Un.Pr.-101
Retainer by company to provide services to public, Of.Sh.-27, Un.Pr.-82, 92
Representation of shareholder by corporation's attorney, Of.Sh.-29
Subpoena of client's records, Misc.-141
Withdrawal from representation, Misc.-140
ATTORNEY AS WITNESSDiscretion of court, Misc.-121
If not likely to be called to testify, Misc.-138
Testimony concerning attorney's statement in conference with judge, Misc.-121
BUSINESS CARDS Law firm employees, Misc.-45, Adv.-96
CANDOR TO COURT, Misc.-103 Disclosure of death of client, Misc.-125
COLLECTION AGENCY Referral by collection agency, Un.Pr.-101
Sharing fees with non-attorney collections employees, Of.Sh.- 33, Un.Pr.-96
Use of collection agency to collect fees, Un.Pr.-85
CONFIDENCES OF THE CLIENT Ancillary business, Confi.-59
Attorney paid by third party, Confi.-54, 57
Attorney subpoenaed, Confi.-58, 64
Client's home address, Confi.-56
Clients in domestic relations cases whose spouses are having affair with each other, Confi.-62
Co-defendants, Confi.-61
Criminal complaint by attorney against client for bad check, Confi.-66
Disclosure By previous counsel, Misc.-133
Of criminal act of client, bad check to attorney, Confi.-66
Of deceased client's medical information, Confi.-70
Of information obtained in preparing will for decedent, Confi.-64, 69
To insured after discharged by insured, Confi.-68
Employee of company to provide opinions to individuals, Un.Pr.-92
Former clients
Disclosure of information gained from prior representation, Confi.-60
Guardian ad litem, information obtained is confidential,Confi.-67
Information obtained from adversary by inadvertent disclosure, Confi.-55
Information related to fraud by client, Confi.-58
Insurance agent, estate planning document to client, Un.Pr.-95, Confi.-65
Insurance defense, following discharge by insured, Confi.-68
Legal aid office receiving information from both parties,
Confi.-53
Living trusts, Confi.-63
Newspaper column, actual scenarios, Confi.-71
Referral by collection agency, Un.Pr.-101
Retainer by company to provide services to public, Of.Sh.-27, Un.Pr.-82
Subpoena of client's records, Misc.-141
Use of collection agency to collect fees, Un.Pr.-85
CONFLICT OF INTEREST Accident
Representation of parent and child, child injured,
C.ofInt.-310
Acquiring a proprietary interest in client's case to secure payment of fees, C.ofInt.-314
Advancing financial assistance to client, C.ofInt.-370
Co-signing loan, C.ofInt.-291
Advising unrepresented opposing party, C.ofInt.-296, 306, 313
Advising unrepresented witness, C.ofInt.-336
Attorney as member of two firms
Subsidiary firm, C.ofInt.-348
Attorney is relative of judge, Misc.-136
Authority of client when multiple clients, Misc.-114
Automobile accidents
Representation of passenger and driver, C.ofInt.-373
Business relationship with client
Attorney's ancillary business, C.ofInt.-326, 327
Life insurance sold to client by attorney, C.ofInt.-312
City attorney
Criminal private practice, C.ofInt.-307
Partner
Representation of defendants in municipal court, C.ofInt.-318, 363
City council member
Partner
Action against the city, C.ofInt.-345
Representation of defendants in municipal court, C.ofInt.-345
Use of law enforcement personnel as witness in civil case, C.ofInt.-345
City prosecutor
Appearing as private counsel before same judge in another municipality, C.ofInt.-341
As municipal judge for another city, C.ofInt.-299, 343
Partner
Defense of municipal ordinance case, C.ofInt.-293
Relative of municipal judge, Misc.-136
Client under disability, C.ofInt.-344
Consent
To continued representation of one client against another client in an unrelated matter, C.ofInt.-316
Contingent fee contract provides costs and expenses not reimbursed to attorney unless successful, C.ofInt.-365
Corporate counsel
Representation of one shareholder against another,
C.ofInt.-309
Corporation
Employee of company to provide opinions to company, Un.Pr.-92
Employee of company to provide opinions to individuals, Un.Pr.-92
Joint venture--potential for conflicts, C.ofInt.-328
Representation of shareholder by corporation's attorney, Of.Sh.-29, 30
Shared office space, Of.Sh.-31, Un.Pr.-88
Subsidiary, C.ofInt.-300
County counselor
Partner
Representing criminal defendants in same county, C.ofInt.-324
Special counsel--firm continuing representation against county, C.ofInt.-335
Criminal Law
Clients of attorney incarcerated in same facility want to testify against each other, C.ofInt.-371
Criminal private practice
Completion of prior cases after appointment, C.ofInt.-338
Disclosure, Misc.-136
Domestic relations
Disagreement between mother and grandparents after began representing both, C.ofInt.-311
Initially contacted by H but not retained, now W wants to hire, C.ofInt.-319
Modification of decree
Against former client, C.ofInt.-334
Preparation of prenuptial agreement by former firm, C.ofInt.-361
Previous representation of W as guardian of H--current representation of W in modification, C.ofInt.-372
Representation of client by attorney sharing office space with spouse's attorney, Of.Sh.-34
Representation of grandparents in guardianship action while defending mother in custody action brought by father, C.ofInt.-357
Spouse of one client having affair with spouse of another client, C.ofInt.-350
Employee of company to provide opinions to individuals, Un.Pr.-92
Fees
Lien on contingency fee after discharge, Fees-57
Paid by third party, C.ofInt.-294, 321
Firm created
Conflicts carried from previous firms, C.ofInt.-332
Former client
Adverse witness, C.ofInt.-308
Initially contacted by H but not retained, now W wants to hire, C.ofInt.-319
Of partner
Previous representation in unrelated matter, C.ofInt.-354, 356
Previous representation in unrelated matter, C.ofInt.-315, 330, 351, 366
Representation adverse to client in same matter where previous representation minimal, C.ofInt.-342
Representation of H in dissolution, representation of W in motion to modify, C.ofInt.-334
Representation of juvenile officer in case--formerly GAL in same case, C.ofInt.-346
Substantially related matter
Former client has assigned rights under judgment to third party, C.ofInt.-377
Successive representation of co-defendants in same case, C.ofInt.-340
Government official's counsel
Action in private practice against another official,
C.ofInt.-305
Guardian ad litem, former, C.ofInt.-297
Imputed disqualification
Conflicts carried from previous firms, C.ofInt.-332
Preparation of prenuptial agreement, C.ofInt.-361
Firm members do not share profits, C.ofInt.-364
Office sharing, C.ofInt.-360, 368
Previous representation in unrelated matter, C.ofInt.-354, 356
Judge
Criminal private practice, C.ofInt.-369
Municipal court, CofInt.-369
As city prosecutor for another city, C.ofInt.-299, 343
Assistant prosecutor in another county, C.ofInt.-374
Representation by members of municipal judge's firm, Of.Sh.-35
Judge, former
Matters brought before judge
Child support order, C.ofInt.-353
Default dissolution decree, C.ofInt.-353
Divorce decree, C.ofInt.-349
Letters of administration, C.ofInt.-349
Order of protection, C.ofInt.-353
Juvenile officer attorney
Formerly GAL in same case, C.ofInt.-346
Representation of criminal defendants, C.ofInt.-298, 301
Legal aid office providing services to opposing parties,
C.ofInt.-290
Loan to client
Co-signing, C.ofInt.-291
Mayor
Partner
Civil and municipal criminal cases against the city, C.ofInt.-333
Representation of the city, C.ofInt.-333
Multiple clients
Authority of individual client, Misc.-114
Corporation and shareholder, C.ofInt.-325
Representation of parent and child, child injured,
C.ofInt.-310
Municipal judge
Municipal prosecutor is relative, Misc.-136
Representation by members of municipal judge's firm, Of.Sh.-35
Municipality
Representation by members of municipal judge's firm, Of.Sh.-35
Prosecuting attorney
Civil private practice
Action against state agency, C.ofInt.-295
Child support, C.ofInt.-375
Representation of custodial parent in child support case in which the division of child support enforcement is a party, C.ofInt.-347
Criminal private practice
Federal, C.ofInt.-359
Municipal, C.ofInt.-359
State, C.ofInt.-359
Termination of parental rights, C.ofInt.-359
Defendants in two cases acting as witnesses against each other, Op.Pty.-20
Former client as defendant, C.ofInt.-304
Former public defender, C.ofInt.-320, 331
Imputed disqualification
Assistant involved in matter while in private practice, C.ofInt.-362
Municipal judge, C.ofInt.-374
Personal relationship with victim, C.ofInt.-303
Relative of judge, Misc.-136
Representation of county commission against sheriff, C.ofInt.-317
Special prosecutor
Imputed disqualification of firm, C.ofInt.-367
Trustee for inmate in private practice, C.ofInt.-376
Prosecuting attorney, former
Action against law enforcement officer, C.ofInt.-339
Civil action against former complaining witness,C.ofInt.-292
Event occurring while still prosecutor, C.ofInt.-319, 337, 339
Issuance of warrant, C.ofInt.-355
Representation of another, non-adverse party in a matter in which previously represented county official,
C.ofInt.-352
Prospective limitation of attorney's liability, Of.Sh.-25,
C.ofInt.-289
Corporation's agreement to indemnify in house counsel, C.ofInt.-323
Disciplinary complaint included, C.ofInt.-322
Public defender
Now assistant prosecutor, C.ofInt.-320, 331
Referral by collection agency, Un.Pr.-101
Relatives
Judge and prosecutor, Misc.-136
Representation of
Clients in municipal matters by members of municipal judge's firm, Of.Sh.-35
Shareholder by corporation's attorney, Of.Sh.-29, 30
Retainer by company to provide services to public, Of.Sh.-27, Un.Pr.-82
Shareholder
Representation of shareholder by corporation's attorney, Of.Sh.-29, 30
State agency attorney
Action against the state, another state agency, or a state official, C.ofInt.-302, 358
Successive government and private employment, C.ofInt.-352
Witnesses, interests adverse to client, C.ofInt.-329
CONTACT OF OPPOSING PARTIES Communication
Directly with opposing party by insurance company's attorney, Op.Pty.-22
Sending copies of settlement offer directly to opposing party, Op.Pty.-35, 36
With corporate officers rather than corporate attorneys, Of.Sh.-26, Op.Pty.-21
Contacting current employees of party, Op.Pty.-34
Contacting former employees of party, Op.Pty.-24, 27, 29, 30, 31,33, 34
Dissolution
Attorney who is party contacting spouse, Op.Pty.-32
Insurance company
Company's attorney directly contacting opposing party, Op.Pty.-22
Contacting unrepresented insured, Op.Pty.-25
Judgment debtor, Misc.-128
Prosecuting attorney
Defendants in two cases acting as witnesses against each other, Op.Pty.-20
Sending copies of settlement offer directly to opposing party, Op.Pty.-35, 36
Sending prejudgment interest demand letter directly to party, Op.Pty.-26
Witnesses
Contact by investigator, Un.Pr.-89, Op.Pty.-28
Criminal defense attorney contacting prosecution witnesses, Op.Pty.-23
CONTACTS WITH UNREPRESENTED ADVERSE PARTY Providing advice incidental to request to sign forms,
C.ofInt.-296, 306, 313
CONTINGENT FEE DISCLAIMER Contingent fee not mentioned in ad for personal injury,
Adv.-106
Newsletter, Adv.-101, 105
Social security cases, additional information in ad, Adv.-104
When attorney never charges client costs or expenses, Adv.-95
CONTINUING LEGAL EDUCATION Failure to comply with requirements, Un.Pr.-99
CORPORATION Actual role supersedes title, Misc.-113
Communication with corporate officers rather than corporate attorneys, Of.Sh.-26, Op.Pty.-21
Contacting current employees of party, Op.Pty.-34
Contacting former employees of party, Op.Pty.-24, 27, 29, 30, 31, 33, 34
Employee of company to provide opinions to company,Un.Pr.-92
Employee of company to provide opinions to individuals, Un.Pr.-92
General business corporation reviewing leases, Un.Pr.-81
Prospective limitation of attorney's liability, Of.Sh.-25
Representation of shareholder by corporation's attorney,Of.Sh.-29, 30
Sharing offices with attorneys, Of.Sh.-31, Un.Pr.-88
DEALING WITH UNREPRESENTED PERSON Client as witness against, Misc.-118
Contact with juror, Misc.-114, 115
Contacting former employees of opposing party, Op.Pty.-24, 27, 29, 30, 31, 33, 34
Contacting unrepresented insured, Op.Pty.-25
Criminal defense attorney contacting prosecution witnesses, Op.Pty.-23
Prosecuting attorney
Defendants in two cases acting as witnesses against each other, Op.Pty.-20
Sending copies of settlement offer directly to opposing party, Op.Pty.-36
DECEASED ATTORNEY Appointment of trustee, Misc.-115
DECEASED CLIENT Duty to disclose, Misc.-125
Payment of physician/health care fees, Misc.-127
DISCLOSURE Obligations upon declining representation, Misc.-139
Of confidential information by opposing counsel's staff, Confi.-55
Of confidential information by previous counsel, Misc.-133
Of conflict of interest, Misc.-136
Of death of client, Misc.-125
Of expert opinion, Misc.-126
DOCUMENTS Signing, Misc.-131
DOMESTIC RELATIONS Conflict of interest
Representation of client by attorney sharing office space with spouse's attorney, Of.Sh.-34
DUTY TO REPORT Another attorney, Misc.-123, 125, 133
Disclosure of confidential information by previous counsel, Misc.-133
Uninsured automobile accident judgment debtor, Misc.-128
ENROLLMENT FEE Out-of-state attorneys, Misc.-119, 120
ESTATE PLANNING
Referral by insurance agent, Un.Pr.-95
EXPERTS Duty to disclose opinion, Misc.-126
FEES Acquiring a proprietary interest in client's case to secure payment of fees, C.ofInt.-314
Client must have clear understanding, Fees-61
Collection
Use of collection agency, Un.Pr.-85
Contingent fee
Division after appointment to bench, Fees-59, Of.Sh.-28
Guardian ad litem, Fees-67
Interest while posttrial motions pending, Fees-56
Lien after discharge, Fees-57
Paying non-attorney collections employees a percentage of contingent fee, Of.Sh.-33, Un.Pr.-96
Propriety of, Fees-56, 67
Structured settlement, Fees-65
Terms, Fees-63
Contingent fee contract provides costs and expenses not reimbursed to attorney unless successful, C.ofInt.-365
Corporation, salaried attorney, Un.Pr.-92
Credit cards, Fees-60, Un.Pr.-83, 97
Disputes submitted to arbitration, Misc.-112
Division of fees
After appointment to bench, Fees-59, Of.Sh.-28
Association with out-of-state attorney, Fees-58
Employee of company to provide opinions to individuals, Un.Pr.-92
Lay persons, Misc.-130
Referral by collection agency, Un.Pr.-101
With attorney referral service, Un.Pr.-90, 97
With credit card program, Un.Pr.-97
With not-for-profit program, Un.Pr.-86, 90
Flat fee based on type of service, Fees-61
Guardian ad litem, Fees-67
Linking fees in separate cases, Fees-64
Paid by third party, C.ofInt.-294, 321
Partnership
Division of fees after appointment to bench, Fees-59, Of.Sh.-28
Referral
By collection agency, Un.Pr.-101
By not-for-profit program, Un.Pr.-86
Retainer
Requirement of trust account, Misc.-110
Social Security Disability/Supplemental Security Income representative payee, Fees-66
Structured settlement, Fees-65
Terms/Charge
Arbitration of disputes, Misc.-112
Basis for, Fees-61
Linking fees in separate cases, Fees-64
Reasonableness, Fees-63
Trust accounts
Payment of physician/health care fees, Fees-62; Misc.-111
Retainer, Misc.-110
FILES Ownership, Misc.-115, 129
Retention, Misc.-129
FUNDS Competing claims to funds, Fees-62; Misc.-111, 122, 124, 132
Prosecuting attorney's duties for funds received, Misc.-142
GUARDIAN AD LITEM Appointment for incompetent client, Misc.-134
Fees, Fees-67
INCOMPETENT CLIENT Appointment of guardian ad litem, Misc.-134
Social Security Disability/Supplemental Security Income representative payee, Fees-66
INSURANCE AGENT Referral for estate planning, Un.Pr.-95
INVESTIGATORS Contact of witnesses by investigator, Un.Pr.-89, 93, Op.Pty.-28
JURORS Contact with, Misc.-116, 117
LETTERHEADS Attorney leaving firm and practicing from home, Adv.-114
Business, Adv.-85, 86
Former judge, Adv.-102
Members of predecessor firm shown on letterhead, Adv.-121
Professional corporation
Attorney with non-voting stock, Adv.-76
Omitting "P.C." after formation, Adv.-79, 97
Word "firm" in name of solo practice, Adv.-118, 131
MALPRACTICE Arbitration of disputes, Misc.-112
Obligations upon declining representation, Misc.-139
Prospective limitation of attorney's liability, Of.Sh.-25
Withdrawal from representation, Misc.-140
MULTIPLE CLIENTS Authority of individual client, Misc.-112
NONPROFIT ORGANIZATIONS/PUBLIC INTEREST FIRMS Lay persons as directors, Misc.-137, Un.Pr.-98
OFFICE SHARING Conflict of interest
Representation of client by attorney sharing office space with spouse's attorney, Of.Sh.-34
Corporation and attorneys sharing offices, Of.Sh.-31, Un.Pr.-88
Opposing parties, representation of, Of.Sh.-36
PARALEGALS Signing documents for attorney, Misc.-131
PHYSICIANS Fee disputes with clients, Misc.-111, 124
Payment of physician/health care fees, Fees-62; Misc.-111, 124, 127
PLEADINGS Signing, Misc.-131
PRACTICE OF LAW Actual role supersedes attorney's title, Misc.-113
Employee of company to provide opinions to company, Un.Pr.-92
Employee of company to provide opinions to individuals, Un.Pr.-92
Estate planning by insurance agent, Un.Pr.-95
Failure to comply with continuing education requirements, Un.Pr.-99
General business corporation reviewing leases, Un.Pr.-81
Lay persons as directors of public interest organization,Misc.-137, Un.Pr.-98
Out-of-state attorneys, Misc.-119, 120, Un.Pr.-84, 87
Practice with attorneys admitted in foreign countries,Un.Pr.-100
Referral by collection agency, Un.Pr.-101
PROSECUTING ATTORNEYS Conflict of interest
Defendants in two cases acting as witnesses against each other, Op.Pty.-20
Relative of judge, Misc.-136
Criminal defense attorney contacting prosecution witnesses, Op.Pty.-23
Handling of funds received, Misc.-142
REAL ESTATE Employee of company to provide opinions to company,
Un.Pr.-92
Employee of company to provide opinions to individuals, Un.Pr.-92
General business corporation reviewing leases, Un.Pr.-81
Preparation of deed by out-of-state attorney, Un.Pr.-84
Retainer by company to provide services to public, Of.Sh.-27, Un.Pr.-82
REFERRALS By attorney referral service, Un.Pr.-90
By clients, Misc.-106, Adv.-125
By collection agency, Un.Pr.-101
By credit card company, Adv.-126
By credit card program, Un.Pr.-97
By insurance agent, Un.Pr.-95
By laymen, Misc.-19, 106, Adv.-103, 124
By not-for-profit, percentage of fee as referral fee, Adv.-112
By not-for-profit program, Un.Pr.-86, 90
By organizations, Misc.-19
By organized bar, Misc.-19
By title company, Un.Pr.-92
Data gathered by non-lawyer, Adv.-57
Discount to referring client, Adv.-125
Donation to church sponsoring meeting on wills, Adv.-58
Exchange with financial planner, Adv.-75
Financial planner, Adv.-75
From "800" number, Adv.-129
Independent company on estate planning, Adv.-57
Insurance agent on estate planning, Adv.-56, 71, 124
Will preparation for church members, Adv.-58, 61
RESPONSIBILITIES REGARDING NONLAWYERS Contact of witnesses by investigator, Un.Pr.-89, 93, Op.Pty.-28
SETTLEMENTS Contingency fee
Based on present value of settlement, Fees-65
Contract requiring client's consent to reasonable offer,Fees-63
Payment of physician/health care fees, Misc.-124
Sending copies of settlement offer directly to opposing party, Op.Pty.-35, 36
SOLICITATION Advertising disclaimer, see ADVERTISING DISCLAIMER
Advertising firm used for direct mail, Adv.-89
Ancillary business, Adv.-88, 107, 108, 127
Brochure
Distribution in other places of business, Adv.-87, 109
Distribution to clients in attorney's office, Adv.-87, 109
Contingent fee disclaimer
Contingent fee not mentioned in ad for personal injury,
Adv.-106
Required, Adv.-120
When attorney never charges client costs or expenses,
Adv.-95
Direct mail solicitation, Un.Pr.-80
In person solicitation through ancillary business, Adv.-88, 107
Letter re estate planning to people associated with charitable organization, Adv.-119
Marketing firm
Use of firm, Un.Pr.-80
Mental, emotional or physical state of recipient
Timing of determination, Adv.-116
Misleading, Adv.-120
Radio and television advertising, Op.Pty.-22
Referral, see REFERRALS
Insurance agent on estate planning, Un.Pr.-95
Seminars, participation in, Solic.-13, 43
Free, solicitation by attorney during, Adv.-84, 93, 110
Telephone contact followed by firm resume, Adv.-94
SUSPENSION Assisting pro se party while under suspension, Un.Pr.-94
Withdrawal from cases, Un.Pr.-91
TITLE Actual role supersedes title, Misc.-113
TRUST ACCOUNT Competing claims to funds, Fees-62; Misc.-111, 122, 124, 132
Interpleader, Fees-62; Misc.-111, 122, 124
Payment of physician/health care fees, Fees-62; Misc.-111, 124
Prosecuting attorney's responsibility for funds received,Misc.-142
Retainer, Misc.-110
TRUSTEES Appointment to wind up practice of deceased attorney,
Misc.-115
UNAUTHORIZED PRACTICE OF LAW Attorneys licensed in other states, Misc.-123, Un.Pr.-84
Duty to report, Misc.-123
Employee of company to provide opinions to company, Un.Pr.-92
Employee of company to provide opinions to individuals, Un.Pr.-92
Failure to comply with continuing education requirements, Un.Pr.-99
Fee splitting, Of.Sh.-33, Un.Pr.-86, Un.Pr.-96
General business corporation reviewing leases, Un.Pr.-81
Lay Person
Insurance agent, Un.Pr.-95
Out-of-state lawyer
Out-of-state client, Un.Pr.-87
Preparing deed, Un.Pr.-84
Reduced enrollment fee, Misc.-119, 120
Practice in other states, Misc.-123, Un.Pr.-87
Reinstatement, Misc.-119
Practice with attorneys admitted in foreign countries,
Un.Pr.-100
Referral by collection agency, Un.Pr.-101
While under suspension, Un.Pr.-91, 94
UNREPRESENTED PERSON Opposing party
Providing advice incidental to request to sign forms, C.ofInt.-296, 306, 313
Witness
Providing advice incidental to being present at interview, C.ofInt.-336
WITHDRAWAL FROM EMPLOYMENT Duty to notify client, Misc.-135, 140
Lack of contact with client, Misc.-140
Obligations upon declining representation, Misc.-139
Return of file, Misc.-135
While under suspension, Un.Pr.-91
WITNESSES Attorney as witness, Misc.-138
Client as witness, Misc.-118
Contact by investigator, Un.Pr.-89, 93, Op.Pty.-28
Contacting former employees of opposing party, Op.Pty.-24, 27, 29, 30, 31, 33, 34
Criminal defense attorney contacting prosecution witnesses, Op.Pty.-23
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