Informal Opinion Number: 940173

QUESTION: Attorney has been hired to represent parents and child in a suit involving an accident in which the child was injured. No issue of comparative negligence by the parents has been raised but it is conceivable that it might be. Does Attorney have a conflict of interest? If yes, can it be waived? ANSWER: This situation creates a conflict of interest under Rule 1.7. Attorney must first determine that joint representation would not reasonably be expected to adversely affect the relationship with either client. If a genuine issue of comparative negligence develops, this step in the analysis would dictate that the conflict could not be waived. Once step one is satisfied, the clients must be willing to consent after full disclosure. The parents may not consent on behalf of the child. Only a next friend appointed by the court may consent for the child. If the next friend will not consent, Attorney may continue to represent the parents unless information has been obtained that could be used to the child´s detriment. Attorney has obtained information from the parents such that Attorney could not represent only the child unless the parents consent.

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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