20000025 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20000025

Rules: 4–1.5; 4–3.7

Client-Lawyer Relationship

Fees

Subject: Fees - Generally; Lawyer as Witness

Summary: lawyer representing own minor child in a personal injury matter

QUESTION: Attorney´s child was involved in a car accident as a passenger. May Attorney represent Attorney´s minor child in a claim for damages just as Attorney would for someone unrelated? If so, is Attorney entitled to a contingent fee based upon the recovery? Would it make a difference if Attorney represented Attorney´s child only up to the point where the claim was settled against both insurance carriers, and if a lawsuit needed to be filed, Attorney involved other counsel in the case at that time?

ANSWER: Based solely on the information Attorney has provided, Attorney may represent Attorney´s child without violating any ethical provisions. However, if Attorney is likely to be a necessary witness, Attorney would violate Rule 4 dash–3.7, if Attorney acted as an advocate at trial. Attorney may represent Attorney´s child on a contingent fee basis. Attorney would need to enter into a written contract with the next friend, in order to comply with Rule 4 dash–1.5(c).

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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