20030088 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20030088

Rules: 4-1.9

Client-Lawyer Relationship

Duties to Former Client

QUESTION: Attorney has been retained to defend Father in a motion to modify for increased child support. Approximately seven years ago, Attorney represented Mother on two cases. One case was a landlord-tenant proceeding and the other was a personal injury case. Mother objects to Attorney representing Father. May Attorney represent Father?
ANSWER: Under Rule 4-1.9, Attorney is not required to voluntarily decline the representation or withdraw. Attorney must inform Father of the possibility that it will cost time and money to litigate, if the opposing party seeks disqualification of Attorney

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.

To request an Informal Opinion, please visit: http://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.