Informal Opinion Number: 20040049
Rules: 4 dash–1.9
Client-Lawyer Relationship
Duties to Former Clients
Summary: stepparent's divorce from mother of children substantially related to paternity action for children
QUESTION: Husband retained Attorney for a divorce action from Wife, who previously had children with a different father. The divorce decree mentioned the children but did not award custody. Husband has guardianship of the step-children. A man, who claims paternity and wants to establish visitation with the children, has contacted Attorney to represent him. Does Attorney have a conflict in representing the prospective client in a paternity action?
ANSWER: Attorney has a conflict of interest under Rule 4 dash–1.9(a). Although the divorce decree did not resolve custody of the children, the facts are substantially related. Attorney cannot represent the prospective client unless Husband 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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