930080 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 930080

Rules: 1.9; 1.10

Client-Lawyer Relationship

Conflict of Interest: Former Client

QUESTION: Child A held durable power of attorney for parents and was personal representative of father´s estate. Child B was concerned about Child A´s actions and sued for an accounting. Mother later joined in suit. Mother later changed attitude toward Child A. Mother has now sued Child B for an accounting. May a member of the firm which represented Mother and Child B against Child A now defend Child B in the suit by Mother? ANSWER: No.

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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