Informal Opinion Number: 950133

QUESTION: Attorney represents grandparents seeking to obtain guardianship over a minor grandchild. The mother of the child agrees this is best. The father of the child has now sued the mother in a paternity/child custody action. May Attorney represent the mother in this action while continuing to represent the grandparents in the guardianship action? ANSWER: Attorney may represent the mother and the grandparents jointly in both actions only if there is no actual conflict in their interests or goals and if each potential client consents after full disclosure. Attorney should encourage the mother to obtain advice from independent counsel regarding whether to consent. If an actual conflict develops between the mother and grandparents as the actions progress, it is likely Attorney will have to withdraw from representation of everyone involved.

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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