2011-06 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 2011-06

Rules: 4-1.9

Client-Lawyer Relationship

Duties to Former Clients

Question: May Attorney represent the public administrator as guardian and conservator of Attorney’s former estate planning Client, where Client was represented by another attorney in the guardianship/conservatorship action, and where there is no issue as to Client’s competency to have engaged in the estate planning for which Attorney represented Client?
Answer: Yes. Because the interests of the public administrator are not materially adverse to the interests of Client, Rule 4-1.9 does not prohibit the representation.

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.

To request an Informal Opinion, please visit: https://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.