Informal Opinion Number: 930122
Rules: 1.9
Client-Lawyer Relationship
Conflict of Interest: Former Client
QUESTION: Attorney represented Man in his business. Man has two children by previous wife. Man marries Wife 2. Man dies. Wife 2 and children consult with attorney regarding the estate. Wife 2 and children then begin disagreement and each get separate counsel. Children now want attorney to represent them. ANSWER: Attorney may not represent the children unless Wife 2 consents after full disclosure.
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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