Ethics: 10 lessons from 2025 admonitions

Natalie Spangler is deputy chief disciplinary counsel at the Office of Chief Disciplinary Counsel.

Although an admonition is not considered discipline under the Missouri Rules of Professional Conduct, Rule 5.12 authorizes the Office of Chief Disciplinary Counsel to issue an admonition when it determines there is “sufficient probable cause to believe that [a lawyer] under investigation is guilty of professional misconduct.”¹ An admonition is appropriate when “the professional misconduct is of such nature that further proceedings are not warranted.”² 

If the Office of Chief Disciplinary Counsel issues a letter of admonition, the lawyer has 15 days to either accept or reject it.³ If accepted, the admonition becomes a matter of public record and may be considered by the Supreme Court of Missouri in determining any future discipline.⁴ If rejected, the Office of Chief Disciplinary Counsel must file an information and proceed through the formal disciplinary process.⁵ In other words, rejection of an admonition requires the matter to move forward as a disciplinary case.

While admonitions are public records, they are not routinely published. To determine whether a lawyer has received an admonition, an individual must request the lawyer’s public disciplinary records from the Office of Chief Disciplinary Counsel.⁶ 

In 2025, the Office of Chief Disciplinary Counsel issued 54 admonitions. Below are 10 examples of misconduct that resulted in an admonition and the corresponding rule violations.

1. Improper deposit of an advanced flat fee

A client paid a $5,000 flat fee in two installments of $2,500. Before performing any work, the lawyer deposited both payments directly into the operating account rather than the client trust account. 

The lawyer received an admonition for violating Rule 4-1.15(a).⁷ Advanced fees generally must be held in trust until earned. Although Rule 4-1.15(c)⁸ permits certain flat fees to be deposited directly into an operating account, the exception applies only when the total flat fee is less than $2,000. Dividing a larger flat fee into installments under $2,000 does not bring the fee within the exception.

2. Lack of diligence resulting in litigation sanctions

The lawyer failed to appear for two court hearings and failed to provide court-ordered discovery responses. As a result, the court sustained a motion for sanctions and struck the client’s pleadings. 

The lawyer received an admonition for violating Rule 4-1.3.⁹ This matter illustrates how missed deadlines, ignored court orders, and a lack of diligence can materially prejudice a client’s interests and expose the client to severe litigation consequences.

3. Failure to adequately communicate the basis of the fee

A criminal defense lawyer’s fee agreement provided that representation through investigation and resolution of the matter would cost $7,500 but stated that additional fees for trial, hearings, or certain motions would be negotiated later. The agreement did not explain the basis for those additional fees or when they would become due. 

The lawyer received an admonition for violating Rule 4-1.5(b).¹⁰ Lawyers must adequately communicate the basis or rate of their fees and expenses. Leaving substantial portions of a fee arrangement to future negotiation may create uncertainty and fail to satisfy the rule’s disclosure requirements.

4. Failure to supervise a subordinate lawyer

A client delivered a $5,000 fee payment to a law office. A subordinate lawyer was expected to deposit the funds and handle the matter but failed to do so. The supervising lawyer was the signatory on the trust account and remained responsible for ensuring proper handling of client funds. 

The supervising lawyer in this case received an admonition for violating Rules 4-1.15(a) and 4-5.1(b).¹¹ The matter serves as a reminder that supervisory lawyers must implement reasonable measures to ensure subordinate lawyers comply with the Rules of Professional Conduct and properly safeguard client property.

5. Failure to communicate and improper withdrawal

An expungement client was unable to communicate with counsel for approximately six weeks. The lawyer later explained that illness prevented communication but had no procedures in place to ensure client matters were addressed during the absence. The lawyer subsequently attempted to withdraw from the representation by notifying the court clerk rather than complying with the procedures required for withdrawal. 

The lawyer received an admonition for violating Rules 4-1.4¹² and 4-1.16(c).¹³ Even during extended absences, lawyers remain responsible for maintaining reasonable communication with clients and ensuring that any withdrawal from representation complies with applicable court rules and procedures.

6. Failure to cooperate with a disciplinary investigation 

Following the filing of a disciplinary complaint, the Office of Chief Disciplinary Counsel opened an investigation and requested information from the lawyer. The lawyer failed to respond to multiple requests. 

The lawyer received an admonition for violating Rule 4-8.1(c).¹⁴ Lawyers have an independent obligation to cooperate with disciplinary investigations and respond to lawful requests for information from disciplinary authorities.

7. Unauthorized use of another lawyer’s signature and failure to redact

A lawyer filed court documents using another lawyer’s signature block without authorization. The filing also failed to properly redact information relating to a minor child as required by court rules. 

The lawyer received an admonition for violating Rules 4-1.1,¹⁵ 4-3.4,¹⁶ and 4-8.4(c).¹⁷ Competent representation requires careful review of court filings and compliance with procedural rules, including redaction requirements. The unauthorized use of another lawyer’s signature also constitutes a misrepresentation concerning the identity of the filing lawyer.

8. Inadvertent disclosure of confidential information

A lawyer received a subpoena duces tecum seeking records relating to a former representation. Unable to reach the client, the lawyer responded to the subpoena by email and attached confidential documents. Several third parties copied on the email received the documents, resulting in an unauthorized disclosure. 

The lawyer received an admonition for violating Rule 4-1.6.¹⁸ Even when responding to legal process, lawyers must exercise caution before disclosing client information and ensure that confidential materials are provided only to authorized recipients.

9. Failure to perform services and promptly refund unearned fees

A client retained a lawyer to prepare estate-planning documents, signed a fee agreement, and paid the agreed flat fee. The lawyer then failed to perform the work or communicate with the client for approximately five months. After the client terminated the representation and requested a refund, the lawyer delayed an additional five months before returning the unearned fee. 

The lawyer received an admonition for violating Rules 4-1.3 and 4-1.4. Lawyers must pursue client matters with reasonable diligence, maintain adequate communication, and promptly address requests relating to unearned fees when a representation ends. 

10. Sale of a law practice and failure to preserve records 

A lawyer sold a law practice and subsequently joined another private practice in the same geographic area and practice area. In addition, the lawyer discontinued payment for an electronic file-management system and lost access to client files and records maintained through that system. 

The lawyer received an admonition for violating Rules 4-1.17(a)¹⁹ and 4-1.15(f).²⁰ A lawyer who sells a law practice must satisfy the conditions governing such sales, including ceasing private practice in the relevant geographic and practice area. The matter also serves as a reminder that lawyers retain continuing obligations to preserve trust account and client records, even after closing or selling a practice. 

Staying up to date on the Missouri Rules of Professional Conduct can help you avoid admonitions like the ones outlined above. For more information or questions, contact the Office of Chief Disciplinary Counsel at MoChiefCounsel.org.

Endnotes 
1 Rule 5.12(b). 
2 Rule 5.12(b)(1). 
3 Rule 5.12(b)(4). 
4 Id.
5 Rule 5.12(b)(5). 
6 Rule 5.31(b)(3). 
7 Rule 4-1.15(a) states, in pertinent part: “A lawyer shall hold property of clients or third persons that is in a lawyer’s possession in connection with a representation separate from the lawyer’s own property. Client or third-party funds shall be kept in a separate account designated as a ‘Client Trust Account[.]’” 
8 Rule 4-1.15(c) states: “A lawyer shall deposit into a client trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred, except that an advanced flat fee which does not exceed $2,000 is exempted from this requirement and may be deposited into another account.”
9 Rule 4-1.3 requires a lawyer to “act with reasonable diligence and promptness in representing a client.” Comment [3] talks about how procrastination can lead to a violation of Rule 4-1.3, in that “a client’s interests often can be adversely affected by the passage of time or change in conditions[.]” 
10 Rule 4-1.5(b) provides “the basis and rate of the fee and expenses for which the client will be responsible shall be communicated to the client[.]” 
11 Rule 4-5.1(b) requires that that “[a] lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct.” 
12 Rule 4-1.4 requires that a lawyer “keep the client reasonably informed about the status of the matter[,]” “promptly comply with reasonable requests for information[,]” and the lawyer 
“shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.” 
13 Rule 4-1.16(c) requires a lawyer to “comply with applicable law requiring notice to or permission of a tribunal when terminating representation[.]” 
14 Rule 4-8.1(c) states, in pertinent part, that it is professional misconduct for a lawyer to “knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority[.]” 
15 Rule 4-1.1 states “[a] lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.”
16 Rule 4-3.4(c) states that it is professional misconduct to “knowingly disobey an obligation under the rules of the tribunal, except for an open refusal based on an assertion that no valid obligation exists[.]” 
17 Rule 4-8.4(c) states, in pertinent part, that it is professional misconduct for a lawyer to “engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.” 
18 Rule 4-1.6 explains “[a] lawyer shall not reveal information relating to the representation of the client unless the client gives informed consent” or that the disclosure is authorized by court rule. 
19 Rule 4-1.17 states that there are three conditions that must be met in order to sell one’s law firm, with the first being: “(a) The seller ceases to engage in the private practice of law, or in the area of practice that has been sold, in the geographic area in which the practice has been conducted, as defined by the agreement between the parties to the sale.” 
20 Rule 4-1.15(f) states, in pertinent part, “[c]omplete records of client trust accounts shall be maintained and preserved for a period of at least six years after the later of: (1) termination of the representation, or (2) the date of the last disbursement of funds.”