20000088 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20000088

Rules: 4–1.9

Client-Lawyer Relationship

Duties to Former Client

Subject: Conflict of Interest - Former Client

Summary: representation of client against corporation where lawyer previously represented shareholder and principal officer of corporation

QUESTION: Attorney represents Plaintiff in a personal injury matter against a corporation. One of the stockholders and principal officers of the corporation was a client of Attorney´s firm over 20 years ago. Attorney did not personally represent the shareholder and principal officer. Attorney was not aware of the existence of the prior representation until it was recently brought to Attorney´s attention. None of the information relating to the personal injury action has any connection with the earlier representation. Does Attorney need to take any action regarding Attorney´s representation in this pending personal injury case or may Attorney proceed to represent Plaintiff?

ANSWER: The circumstances Attorney has described do not require Attorney to voluntarily withdraw from representing Plaintiff in the action against the corporation. This opinion does not affect the ability of a judge to rule on a motion to disqualify. If a complaint is received, it will be investigated to determine the facts independently.

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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