Informal Opinion Number: 930109
Rules: 1.9
Client-Lawyer Relationship
Conflict of Interest: Former Client
QUESTION: Attorney represented Entity A in a previous case on this issue. Entity B now wants attorney to represent it on the same issue against Entity A. A recent court decision has ruled that a statutory change since the previous case has completely changed the legal issues. Attorney has no confidential information related to representation of Entity A which could be used to Entity A´s disadvantage in the case of B vs. A. ANSWER: Attorney may represent B in its litigation with A if the recent case which ruled that the issues are now completely changed is final.
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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