20040042 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20040042

Rules: 4–1.9

Client-Lawyer Relationship

Duties to Former Client

Subject: Conflict of Interest - Former Client; Divorce/Dissolution

Summary: conflict exists when lawyer represents wife in initial (dismissed) dissolution action and then husband in subsequent dissolution action

QUESTION: Husband called Attorney regarding an uncontested dissolution. Husband wanted Attorney to represent Wife as petitioner. Wife came to Attorney’s office, giving the necessary information to file the petition. Attorney discovered there were children involved and had the petition removed from the uncontested docket and dismissed it, with Wife’s consent. Husband asked Attorney to proceed with the dissolution representing Husband as petitioner. May Attorney represent Husband in the dissolution?

ANSWER: Based upon the fact that Attorney represented Wife as petitioner in the previous dissolution case, under Rule 4 dash–1.9(a), Attorney may not represent Husband in a new dissolution case, unless Wife 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.

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