950246 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 950246

Rules: 1.7

Client-Lawyer Relationship

Conflict of Interest: General Rule

QUESTION: Attorney represents H (driver) and W (passenger) as plaintiffs in a case arising from an auto accident. The defendant has now cross-claimed H. May Attorney continue to represent H and W if they consent? ANSWER: If, at this point, H and W take consistent positions on what occurred, Attorney may continue to represent both if both waive the conflict after full disclosure. However, if at any point, their positions diverge in any material way, Attorney will have to withdraw from representation of one or both.

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/.