QUESTION: Is Attorney permitted to represent Husband in filing a motion to modify a judgment of dissolution against Wife, where Wife consulted with Associate in Attorney’s firm about representation in the dissolution, but no client-lawyer relationship ensued?

ANSWER: Wife is a prospective client of Associate per Rule 4-1.18, Duties to Prospective Client. A motion to modify a judgment of dissolution is substantially related to the dissolution, so Rule 4-1.18(c) governs. Attorney would be prohibited from representing Husband in filing the motion to modify if Associate received information from Wife that could be significantly harmful to Wife in the motion to modify. Rule 4-1.18(c). If Associate would be disqualified from representing Husband, all lawyers with whom Associate is associated in a firm would be prohibited from representing Husband except as provided in Rule 4-1.18(d). If Associate would be disqualified under 4-1.18(c), Attorney may only represent Husband if both Wife and Husband grant informed consent, confirmed in writing, or if Associate took reasonable measures to avoid receiving more disqualifying information than was reasonably necessary to determine whether to represent Wife in the dissolution and Associate is timely screened from any participation in the matter. Rule 4-1.18(d). See Rules 4-1.0(e) (“informed consent), 4-1.0(b) (“confirmed in writing”), and 4-1.0(k) (“screened”).

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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