Informal Opinion Number: 20050025

QUESTION: Client is a grandparent and retained Attorney for representation regarding grandparent visitation rights. In order for Client to have standing, there must be a pending action for Dissolution or Paternity or a Judgment for Dissolution or Paternity. There was no such action pending. May Attorney represent the father in a paternity action and Client in a grandparent visitation rights action? Attorney received consent from both parties to represent them and to discuss each case with both parties.

ANSWER: As long as the interests of the father and Client are not adverse, Attorney may represent Client in seeking grandparent rights while simultaneously representing the father in a petition for paternity. If their interests become materially adverse, Attorney may have to withdraw from representing both parties.

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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