2018-04 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 2018-04

Adoption Date: 2018

Rules: 4–1.10; 4–5.3; 4–1.0

Client-Lawyer Relationship
Law Firms and Associations

Imputed Disqualification: General Rule
Responsibilities Regarding Nonlawyer Assistants

Subject: Conflict of Interest - Imputed Disqualification; Screening

Summary: conflicts related to nonlawyer assistants; screening

Question: May Attorney hire a nonlawyer assistant who currently works for a law firm in which opposing parties are represented by a lawyer in the firm? If so, does Attorney have a conflict of interest because of the hiring?

Answer: Attorney may hire the nonlawyer assistant. Attorney will not have a resulting conflict of interest, absent other facts, if the nonlawyer assistant is properly screened from the affected matters pursuant to the definition of screening in Rule 4 dash–1.0(k) and supervised in accordance with Rule 4 dash–5.3, Responsibilities Regarding Nonlawyer Assistants. Comment [4] to Rule 4 dash–1.10, Imputation of Conflicts of Interest: General Rule, explains that the rule does not prohibit representation of a client when the person prohibited from involvement in the matter is a nonlawyer, but the nonlawyer ordinarily must be screened in accordance with Rules 4 dash–1.0(k) and supervised in compliance with Rule 4 dash–5.3 to ensure the nonlawyer’s conduct is compatible with Attorney’s professional obligations. See also Rule 4 dash–1.0, Comments [10] and [11].

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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