2010-0055 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 2010-0055

Rules: 4–1.12; 4–1.7

Client-Lawyer Relationship

Former Judge, Arbitrator, Mediator or Other Third-Party Neutral; Conflict of Interest: Current Clients

Subject: Communication with Unrepresented Persons; Conflict of Interest - Current Client; Conflict of Interest - Former Judge, Mediator or Third-Party Neutral

Summary: mediator preparing dissolution documents for both parties

QUESTION: Attorney is a mediator in dissolution matters. May Attorney prepare the necessary documents for the parties to modify a dissolution?

ANSWER: Under Rule 4 dash–1.12, Attorney may not participate in any proceeding in which Attorney participated as a mediator, “unless all parties to the proceeding give informed consent, confirmed in writing.” If informed consent were obtained from both parties, Attorney will only be able to represent one party and solely that party. It would also be very important for Attorney to clearly communicate to the other party that Attorney will not be representing that party’s interests, at all, and that no communications between Attorney and the unrepresented party would be confidential. Under Rule 4 dash–1.7(b)(3), it is not permissible for Attorney to represent them jointly.

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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