950094 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 950094

Rules: 1.9(a)

Client-Lawyer Relationship

Conflict of Interest: Former Client

QUESTION: May Attorney represent the Juvenile Officer in a case in which Attorney was previously the guardian ad litem? ANSWER: As a general rule, there is a conflict of interest under Rule 4-1.9(a) if Attorney appears on behalf of the juvenile officer in cases in which Attorney previously appeared as guardian ad litem. Although the interests may be similar, the fact that there is a need for both the juvenile officer and the guardian ad litem indicates that the interests are not the same. The conflict could be waived by the current guardian ad litem.

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/.