Missouri: Lawyer Suspended for Violating Rules of Professional Conduct

Link for opinion: http://www.courts.mo.gov/file.jsp?id=34349

In In re Coleman, 295 S.W.3d 857, 2009 Mo. LEXIS 468 (Mo. 2009), the Missouri Supreme Court suspended a lawyer’s license, stays execution of the suspension and places the lawyer on probation for one year with certain requirements.

The Missouri Supreme Court determined the lawyer knowingly made decisions without the clients consent in violation of Mo. Sup. Ct. R. 4-1.2(a) and created a conflict of interest in violation of Mo. Sup. Ct. R. 4-1.7. The lawyer also failed to keep personal funds separate in violation of Mo. Sup. Ct. R. 4-1.15(c) and failed to adhere to adequate termination of representation in violation of Mo. Sup. Ct. R. 4-1.16. By violating rules of professional misconduct, he also violated Mo. Sup. Ct. R. 4-8.4(a) and 8.4(d).

The lawyer also failed to withdraw after creating a conflict of interest with his client and failed to respond to a request of information so the plaintiff could secure new counsel for further cases. The lawyer is reluctant to accept that his actions are improper and prohibited. The court held that an attorney has ethical duties to the client and must not deviate from the rules of professional conduct when representing a client.

This case shows the importance of the lawyer’s duty to follow the rules of professional conduct when representing a client under Rule 4-1.2(a) that states “a lawyer shall abide by a client’s decisions concerning the objectives of representation.” Additionally, Rule 4-1.7 states “a lawyer shall not represent a client if the representation of that client may be materially limited…by the lawyer’s own interest.”