20030063 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20030063

Rules: 4–1.7

Client-Lawyer Relationship

Conflict of Interest: Current Clients

Subject: Communication; Conflict of Interest - Current Client; Conflict of Interest - Personal Interest

Summary: attorney with professional and personal relationship with opposing party's expert witness

Reference Note: Effective July 1, 2007, Rule 4 dash–1.7 was amended. This opinion is based on Rule 4 dash–1.7 in effect prior to that date.

QUESTION: Attorney entered an appearance for defendant, Doctor A, in a medical malpractice case. When plaintiffs disclosed their expert, Attorney learned that Attorney had an ongoing professional and personal relationship with plaintiffs’ expert. Can Attorney continue to represent Doctor A?

ANSWER: If there is a conflict of interest, it would be under Rule 4 dash–1.7(b). If Attorney’s relationship with the expert will materially limit Attorney’s representation of Doctor A, a conflict exists. Even if Attorney does not believe the relationship would result in material limitation of Attorney’s representation, the relationship must be disclosed and discussed with Doctor A. If there is a conflict, but Attorney has a reasonable belief that it would not adversely affect representation, Doctor A could waive the conflict.

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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