20050030 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20050030

Rules: 4–1.9; 4–1.10

Client-Lawyer Relationship

Duties to Former Clients; Imputation of Conflicts of Interest: General Rule

Subject: Conflict of Interest - Current Client; Conflict of Interest - Imputed Disqualification

Summary: conflict created by hiring new lawyer who is opposing counsel in a current case

QUESTION: Attorney’s firm represents a client in a child custody dispute. Law firm hired a new associate who was employed by the law firm of the opposing party in the custody case. The associate had access to and performed a limited amount of work on the file while employed by the opposing firm. Attorney’s firm erected an “ethical wall,” screening the associate from the custody case. Does Attorney’s firm have a conflict even with the “ethical wall” that has been erected?

ANSWER: As a result of hiring the new associate, Attorney’s firm has a conflict. Although the erection of an ethical wall can help to persuade the former client to waive a conflict, it is not a means of eliminating a conflict under Missouri Rules 4 dash–1.10. Therefore, Attorney’s firm must withdraw from the case unless the opposing party, as the new associate’s former client, 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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