Supreme Court of Missouri
en banc
November 19, 2019
Effective November 19, 2019
Effective November 19, 2019
In re:
Repeal of the heading title of subdivision 4-3.4 and paragraph [4] of the Comment of subdivision 4-3.4, entitled "Fairness to Opposing Party and Counsel," of Rule 4, entitled "Rules of Professional Conduct," and in lieu thereof adoption of a new heading title and new paragraphs [4] and [5] of the Comment of subdivision 4-3.4, entitled "Duties to Opposing Party and Counsel and Ethical Obligation to Follow Court Orders and Rules."
ORDER
1. It is ordered that effective November 19, 2019, the heading title and paragraph [4] of the Comment of subdivision 4-3.4 of Rule 4 be and the same are hereby repealed and a new heading title and new paragraphs [4] and [5] of the Comment of subdivision 4-3.4 are adopted in lieu thereof to read as follows:
4-3.4 DUTIES TO OPPOSING PARTY AND COUNSEL AND ETHICAL OBLIGATION TO FOLLOW COURT ORDERS AND RULES
* * *
COMMENT
* * *
COMMENT
* * *
[4] Lawyers have an ethical duty to comply with court orders in both their professional and personal capacities. As an example, a lawyer's failure to comply with court-ordered child support obligations may violate Rule 4-3.4(c) or other rules of professional conduct. See Rules 4-8.4(b), 4-8.4(c), and 4-8.4(d).
[5] Rule 4-3.4(f) permits a lawyer to advise employees of a client to refrain from giving information to another party, for the employees may identify their interests with those of the client. See also Rule 4-4.2.
[5] Rule 4-3.4(f) permits a lawyer to advise employees of a client to refrain from giving information to another party, for the employees may identify their interests with those of the client. See also Rule 4-4.2.
2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
________________________________
GEORGE W. DRAPER III
Chief Justice
________________________________
GEORGE W. DRAPER III
Chief Justice