Missouri Rules of Professional Conduct

 With regard to Anthony R. Friedman, Missouri Bar Number #65531 now doing business as The Friedman Law Firm LLC in St. Charles, St. Louis Missouri I have authored an exhaustive and comprehensive complaint that I will be submitting to the Office of Chief Disciplinary Counsel which is an agency of the Missouri Supreme Court of which I have made allegations citing nine rules violated within the scope of fifteen separate acts of professional misconduct.

Therefore, I thought it appropriate and of substantial educational value and consumer interest to list all of the Missouri Rules of Professional Conduct so that anyone, whether they want to have greater insight into the violations I have alleged against Anthony R. Friedman or for their own personal application with regard to their attorney, client relationship may have a ready reference. Furthermore, I have arranged these rules thematically rather than numerically to help guide the consumer client to the right set of rules that may have been violated.

This reference is of substantial value to a client who has or will retain counsel for legal representation whereas any aberrant behavior or conduct that may be observed being perpetrated by retained counsel can  be considered as to whether or not rule(s) have been violated that may warrant a complaint for review and discipline. 

Knowledge is power and the juris doctor, attorney has power dynamic advantage over a client that is at times exploited and his hard to be assailed.

These consumer advocacy resources that I present to you, the consumer is a good faith attempt to assist you in advocating for yourself when your retained advocate does not perform with competence and diligence for which you retained them to do. 

Below is the complete set of the Missouri Rules of Professional Conduct that closely resembles (with slight variance) those of the American Bar Association.

 Rule NumberSimple Definition for the ConsumerRule 4-1.0Defines key legal terms used in the Rules (e.g., "informed consent," "confidential").Rule 4-1.1 (Competence)Your lawyer must have the necessary knowledge, skill, thoroughness, and preparation to handle your case properly.Rule 4-1.2Governs who decides what: You decide the goals of the case (e.g., settling or going to trial); your lawyer controls the legal tactics (how to achieve those goals).Rule 4-1.3 (Diligence)Your lawyer must act with reasonable promptness and persistence. They cannot drag their feet or neglect your case.Rule 4-1.4 (Communication)Your lawyer must keep you reasonably informed, explain matters so you can make informed decisions, and promptly respond to your requests for information.Rule 4-1.5Requires fees to be reasonable, and that the basis of the fee (e.g., hourly, flat) must generally be communicated to you, preferably in writing.Rule 4-1.6 (Confidentiality)Your lawyer cannot reveal any information related to your case unless you give permission or the law/rules specifically allow it (like preventing a crime).Rule 4-1.7Prohibits conflicts of interest with current clients. A lawyer cannot represent you if their loyalty to another client or a personal interest will materially harm your case.Rule 4-1.8Prohibits specific conflicts, such as entering into certain business deals with you or using confidential information to your disadvantage.Rule 4-1.9Requires lawyers to protect the confidentiality and interests of former clients. They cannot take on a new case against a former client if it relates to the old matter.Rule 4-1.10If one lawyer at a firm has a conflict, that conflict generally applies to the entire firm.Rule 4-1.11Sets rules for lawyers who move between government jobs and private practice to prevent unfair advantage.Rule 4-1.12Sets rules for former judges, mediators, or arbitrators to prevent them from later representing a client in a matter they dealt with on the bench.Rule 4-1.13Explains that when a lawyer represents an organization (like a company), the client is the organization itself, not its individual officers or employees.Rule 4-1.14Requires lawyers to maintain a normal client-lawyer relationship with clients who have limited capacity, and to take protective action if necessary.Rule 4-1.145Defines terms used for handling client funds and property.Rule 4-1.15Requires your lawyer to safeguard your money and property (like settlement funds) separate from their own, typically in a dedicated trust account.Rule 4-1.155Specific rules for Interest on Lawyers' Trust Accounts (IOLTA).Rule 4-1.16 (Withdrawal)Sets rules for when a lawyer must or may stop representing you, and requires the lawyer to take steps to protect your interests upon termination.Rule 4-1.17Rules for a lawyer who is selling their law practice to ensure clients are protected.Rule 4-1.18Sets the duty of confidentiality and conflict rules for a person who consulted with the lawyer but did not hire them.Rule 4-1.22Sets the lawyer's duty to retain client files for a specified period of time. 

 Rule NumberSimple Definition for the ConsumerRule 4-2.1Your lawyer must give you honest and independent advice, and can include moral, economic, and social factors, not just legal ones.Rule 4-2.2[Reserved]Rule 4-2.3Governs the lawyer’s duties when conducting an evaluation of a client for a third party (e.g., an audit or title opinion).Rule 4-2.4Governs a lawyer’s duties when serving as a mediator, arbitrator, or other neutral party for two or more non-clients. 

 Rule NumberSimple Definition for the ConsumerRule 4-3.1A lawyer cannot pursue a frivolous case (one without a basis in law or fact).Rule 4-3.2A lawyer must try to make the litigation process as fast as possible consistent with the client’s interests.Rule 4-3.3Requires candor (truthfulness) toward the court. A lawyer cannot knowingly lie to a judge or offer false evidence.Rule 4-3.4Requires fairness to the opposing party and their counsel (e.g., no tampering with evidence or knowingly disobeying court rules).Rule 4-3.5Requires lawyers to maintain the integrity and fairness of the court (e.g., not trying to improperly influence a judge or jury).Rule 4-3.6Limits what lawyers can say publicly about a case outside of court (e.g., during trial publicity) to avoid prejudicing the proceedings.Rule 4-3.7Generally prohibits a lawyer from serving as both an advocate and a witness in the same trial.Rule 4-3.8Sets special, higher ethical duties for prosecutors, who must seek justice, not just conviction.Rule 4-3.9Applies the rules of candor and fairness to proceedings that are not in court (e.g., legislative hearings). 

 Rule NumberSimple Definition for the ConsumerRule 4-4.1Requires lawyers to be truthful when dealing with non-clients, like opposing parties or third-party witnesses.Rule 4-4.2Prohibits a lawyer from communicating about the subject of a case with an opposing party who is already represented by a lawyer, unless that lawyer consents.Rule 4-4.3Requires a lawyer to clearly inform unrepresented persons that they are not their lawyer and cannot give them legal advice.Rule 4-4.4Requires a lawyer to respect the legal rights of third persons and prohibits a lawyer from using means that have no substantial purpose other than to embarrass or burden a third party. 

 Rule NumberSimple Definition for the ConsumerRule 4-5.1Partners and supervisory lawyers must take reasonable steps to ensure all lawyers at the firm follow the rules.Rule 4-5.2A junior lawyer is also responsible for their own conduct, even when following a supervisor's order, if they know the action is unethical.Rule 4-5.3Lawyers must supervise non-lawyer staff (paralegals, secretaries) to ensure their conduct is also ethical.Rule 4-5.4Prevents non-lawyers from owning or controlling a law firm to ensure the lawyer maintains independent judgment.Rule 4-5.5Prohibits a lawyer from practicing law without a license in a state or assisting others in doing so.Rule 4-5.6Prohibits a lawyer from entering into agreements that restrict their ability to practice law after leaving a firm.Rule 4-5.7Extends ethical duties to any law-related services the firm provides (e.g., financial planning or title services). 

 Rule NumberSimple Definition for the ConsumerRule 4-6.1Encourages lawyers to provide free legal services (pro bono) to those who cannot afford it.Rule 4-6.2Prohibits lawyers from avoiding court-ordered appointments to represent indigent persons without good cause.Rule 4-6.3Governs a lawyer's participation in a legal services organization.Rule 4-6.4Governs a lawyer's participation in law reform activities that might affect a client's interests.Rule 4-6.5Rules for lawyers providing short-term legal services (e.g., at a legal clinic).Rule 4-6.6Special provisions for providing legal services following a major disaster. 

 Rule NumberSimple Definition for the ConsumerRule 4-7.1Prohibits false or misleading statements in any communication about a lawyer's services (e.g., advertising or social media).Rule 4-7.2General rules governing lawyer advertising (e.g., use of public media).Rule 4-7.3Limits a lawyer's ability to engage in direct, in-person solicitation of potential clients known to need legal services.Rule 4-7.4Rules for a lawyer communicating their field of practice or claiming to be a specialist.Rule 4-7.5Rules for the proper use of firm names and letterheads.Rule 4-7.6Prohibits making certain political contributions to try and influence a government agency to hire the lawyer.

 Rule NumberSimple Definition for the ConsumerRule 4-8.1Requires lawyers and bar applicants to be truthful in licensing and disciplinary proceedings.Rule 4-8.2Limits a lawyer's right to publicly criticize judicial or legal officials unless based on fact.Rule 4-8.3Requires a lawyer to report another lawyer's misconduct if it raises a substantial question about their fitness to practice.Rule 4-8.4 (Misconduct)Defines professional misconduct, including violating any rule, committing a criminal act that reflects poorly on the lawyer, or engaging in dishonesty, fraud, deceit, or misrepresentation.Rule 4-8.5Explains which state's rules apply when a lawyer is practicing across state lines, and confirms the Missouri Supreme Court has disciplinary authority over its licensed lawyers. 

The designation of an attorney as an "officer of the court" means the lawyer has a duty that goes beyond their obligations to the client.1 This status implies a special responsibility to the integrity of the legal system and the administration of justice itself.2

• Dual Role: An attorney must balance two primary duties:3
  
  
  1. Duty to the Client: To be a zealous advocate (loyalty, confidentiality, diligence).4
     
  2. Duty to the Court (as Officer): To ensure the fairness, truthfulness, and proper functioning of the legal process.5
     

The RPC (like Missouri's Supreme Court Rule 4) are the written codification of this "officer of the court" duty. They define the limits of zealous advocacy and mandate the lawyer's allegiance to the system.

The ABA Model Rules' Preamble explicitly states this foundational concept:

"A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice."6

The rules that directly reflect the "officer of the court" duty include:

Thematic AreaRPC Rule(s)Officer of the Court Duty ReflectedCandor to the TribunalRule 4-3.3Duty of Truthfulness: Requires a lawyer not to knowingly make a false statement of fact or law to the court, or offer false evidence, even if it harms the client's case.FairnessRule 4-3.4Duty of Integrity: Prohibits destructive tactics like falsifying evidence, counseling a witness to unlawfully conceal information, or knowingly disobeying a court rule or order.MeritRule 4-3.1Duty to Avoid Abuse: Prohibits a lawyer from bringing a frivolous claim or contention—ensuring the court's time and resources are only used for legitimate disputes.MisconductRule 4-8.4(d)Upholding Justice: Defines professional misconduct to include any conduct "prejudicial to the administration of justice," a broad term that covers any action that undermines the integrity of the court system.

The "officer of the court" title is also the basis for the court's inherent power to discipline attorneys.7

• Since the Missouri Supreme Court licenses attorneys as its "officers," it maintains the authority to regulate and remove those who prove unfit.
• Disciplinary proceedings (governed by Missouri Supreme Court Rule 5) are not designed primarily for punishment, but rather to determine the fitness of an officer of the court to continue in that capacity and to protect the public and the courts.8
  

In summary, the status of a lawyer as a sworn officer of the court is the underlying principle, and the Rules of Professional Conduct are the specific, enforceable rules that dictate how an attorney must uphold that fundamental duty.