Informal Opinion Number: 950037

QUESTION: Two attorneys who are in separate firms will form a firm. They currently have cases against each other. Attorney A is a guardian ad litem in a case which the other attorney had to decline due to a conflict. Other members of Attorney A´s firm have cases against Attorney B. What must the attorneys do regarding these cases. ANSWER: In all of the pending cases, both attorneys must withdraw unless both clients consent to one continuing as counsel for one party. The rules do not permit the attorneys to obtain consent for both to remain in the case once they are both in the same firm. Attorney A will have to withdraw as guardian ad litem once the firm is formed. Under Rule 4-1.10, the conflict of one is the conflict of both. It will not be necessary for Attorney B to withdraw from cases in which another member of Attorney A´s current firm represents the opposing party unless Attorney A gained confidential information related to the representation while Attorney A was in the current firm.

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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