Informal Opinion Number: 940189
Rules: 1.9(b)
Client-Lawyer Relationship
Conflict of Interest: Former Client
QUESTION: Attorney is handling a case for W against H. Attorney represented H in a different matter several years previously. Does Attorney have a conflict? ANSWER: Rule 4 dash–1.9(b) provides that Attorney has a conflict if Attorney obtained any information in the course of representing H in the previous proceeding which could be used to H´s detriment in the current proceeding.
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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