Informal Opinion Number: 20010035
Rules: 4 dash–1.9; 4 dash–1.10
Client-Lawyer Relationship
Duties to Former Clients; Imputation of Conflicts of Interest: General Rule
Subject: Conflict of Interest - Former Client; Conflict of Interest - Imputed Disqualification
Summary: imputed conflict of interest created when lawyer joins firm
QUESTION: Attorney X has joined Attorney Y’s firm as a principal. Attorney X previously represented a plaintiff in a personal injury action. Attorney Y was counsel of record for the defendant in the same action. The case was voluntarily dismissed by the plaintiffs without prejudice. Attorney X then referred the case to a new attorney and that attorney refiled the action. Attorney Y is currently representing the defendant. Is Attorney Y precluded from continuing to represent the defendants in the refiled action?
ANSWER: Attorney Y has a conflict under Rules 4 dash–1.9 and 4 dash–1.10, that prohibits Attorney Y from continuing to represent the defendant in this matter, unless the plaintiff consents.
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.
Request an Informal Opinion.
© Copyright 2026