940049 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 940049

Rules: 1.7;4.3

Client-Lawyer Relationship

Conflict of Interest: General Rule

QUESTION: Situation 1. Attorney would prepare a Petition for a dissolution of marriage for Attorney´s client. Attorney would prepare an Entry of Appearance, Waiver of Service and pro forma Answer for the other part, who is not represented. This would be accompanied by a cover letter which would explain what the documents are. Situation 2. In a situation similar to Situation 1, the parties to the marriage want a separation agreement. In order to do this, Attorney´s client must file the Petition and the other party must file an Answer denying that the marriage is irretrievably broken. Attorney would draft the Answer for the other party. Attorney´s client actually wants a dissolution. ANSWER: Both situations would violate Rules 4 dash–4.3 and 4 dash–1.7 Situation 1. Attorney would inherently be providing legal advice to the unrepresented spouse. Although the unrepresented spouse is told that Attorney is not representing him or her, he or she is trusting Attorney to look after his or her interests. Situation 2. In addition to the problems cited above, Attorney would be violating Rule 4 dash–4.3. Attorney would also be violating Rule 4 dash–1.7 by assisting the unrepresented spouse to obtain a separation when the client actually wants a dissolution.

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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