Informal Opinion Number: 950109

QUESTION: Attorney represents two clients, A and X, in two separate dissolutions cases. A´s spouse is B and X´s spouse is Y. Client A believes that B is having an affair with Y. May Attorney represent Client A and Client X in their respective dissolutions? ANSWER: Although the situation described does not present an actual conflict, it does create the potential for conflicts to arise. It seems possible that Attorney may obtain confidential information in representing one client that would be helpful in representing the other client. Attorney should make full disclosure to each client regarding all potential conflicts and obtain waivers from each before beginning the representations.

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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