Informal Opinion Number: 930143

QUESTION: Attorney represented client A on municipal DWI charges. Client A failed to pay the attorney fees. Client A was married to B at the time. A and B are now divorced. Attorney was in no way involved in the dissolution. B has asked Attorney to represent B in a motion to modify filed by B. Is there a conflict? ANSWER: No, as long as Attorney does not have confidential information related to representation of A which could be used to A´s disadvantage in the modification action. This opinion does not affect the ability of a court to disqualify Attorney.

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.

To request an Informal Opinion, please visit: http://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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