Informal Opinion Number: 940009
Rules: 1.6;1.9
Client-Lawyer Relationship
Confidentiality of Information
QUESTION: Attorney represented a client who entered a plea of stealing from an employer. The employer has now asked Attorney to represent it in an action against a person who should have detected the theft. The employer says it has no interest in bringing an action against Attorney´s former client. ANSWER: Attorney may only represent the employer if the former client consents after full disclosure. The situation will be further complicated if the former client is brought in as a defendant by the other defendant. In that situation, Attorney will have to withdraw.
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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