Informal Opinion Number: 20060093
Rules: 4 dash–1.9
Client-Lawyer Relationship
Duties to Former Clients
Subject: Conflict of Interest - Former Client
Summary: substantially related matter when ex-wife sues ex-husband for failure to pay creditor when lawyer represented couple in original collection action
QUESTION: Attorney defended husband and wife in a collection matter. Husband and wife are now divorced. Husband requested attorney’s representation in a Motion for Contempt file by ex-wife regarding failure to pay one of the creditors from the collection matter. Ex-wife claims that there would be conflict because attorney defended them in the collections matter. May Attorney represent husband?
ANSWER: Prior representation in the collection matter would be considered a substantially related matter under Rule 4 dash–1.9(a). Therefore, a conflict of interest would likely exist if Attorney represents the husband in the contempt matter.
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.
Request an Informal Opinion.
© Copyright 2026