Informal Opinion Number: 20010011

QUESTION: Attorney represents Child, who is a minor, in a personal injury matter. Mother signed Child’s personal injury contract as guardian and guarantor. The personal injury matter has not been settled. Attorney’s firm has now been approached by Husband of Mother, who is not the father of Child, regarding representation for a divorce from Mother. Attorney’s firm would use different attorneys for the two different matters. May Attorney’s firm represent Husband in his divorce without conflict?
ANSWER: The situation Attorney has described creates a conflict of interest under Rules 4-1.7 and 4-1.10. Child’s interests will be adversely affected if representation of Husband damages the firm’s working relationship with Mother. This conflict could be waived if consent is obtained from Mother and Husband, after full disclosure. It will be necessary to obtain consent from Husband to disclose the situation to Mother before Attorney can make the disclosure necessary to obtain consent.

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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