20000048 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20000048

Rules: 4–1.9

Client-Lawyer Relationship

Duties to Former Clients

Subject: Confidentiality; Conflict of Interest - Former Client

Summary: no conflict when requesting protective order in family law matter against former client where attorney represented former client in worker's compensation matter and attorney learned no personal information about client

QUESTION: Attorney represents A on a protective order on behalf of A´s child against a former client, B. Attorney represented B on a workers” compensation claim several years ago and the case was settled two years ago. Attorney never discussed personal matters with B. Attorney has informed A of Attorney´s prior relationship with B and A does not have any problem with Attorney representing A against B. Does Attorney have a conflict in this matter?

ANSWER: Based solely on the information Attorney has provided, Attorney does not have a conflict of interest that requires Attorney to withdraw under Rule 4 dash–1.9. Additional or different information could change this opinion. This opinion does not affect the ability of a judge to rule on a motion to disqualify.

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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