20060003 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20060003

Rules: 4–1.10; 4–1.9

Client-Lawyer Relationships

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

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

Summary: representation of husband in modification action when law partner represented wife while at another firm in underlying divorce

QUESTION: Attorney represented Husband in a divorce action against Wife. Wife was represented by Attorney’s now law partner. Attorney’s partner was with a different firm at the time of the divorce, and the case was settled several years ago. Wife has now filed a motion to modify child support and visitation against Husband. Wife hired an attorney at Attorney’s partner’s old firm. Attorney entered an appearance for Husband on the motion to modify. Attorney’s partner has no contact with the file and has no involvement in the matter whatsoever since the divorce. Does Attorney have a conflict?

ANSWER: Attorney has a conflict of interest that prevents Attorney from representing Husband, unless Wife consents. Attorney’s partner has a conflict under Rule 4 dash–1.9(a). Rule 4 dash–1.10(a) imputes that conflict to Attorney. Despite the fact that Attorney’s partner has had no contact with the matter in Attorney’s office, screening does not avoid the application of Rule 4 dash–1.10, although it sometimes facilitates persuading the former client to waive the conflict.

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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