Informal Opinion Number: 940075

QUESTION: Attorney requests reconsideration of Informal Opinion 940005 in which the question was: Attorney would be a partner in two firms. Attorney would not do the same type of work in both firms. The answer was: This would be a violation of the rules because Attorney would have conflicts from both firms. Attorney´s clients would not be aware of all of the conflict situations which could involve the other firm. ANSWER: The relationship is permissible. However, in order to avoid violating Rule 4-7.1, it would be necessary for Attorney to identify both firms on each firm´s letterhead and other forms of communication to the public and other law firms. The firms must be considered as one for conflicts purposes.

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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