Informal Opinion Number: 960005

QUESTION: Attorney has represented H & W in various matters for years. H & W were in an auto accident. W was driving. H received serious injuries. Attorney initially represented H and W jointly against the other driver. It now appears the case will have to be tried. Attorney now proposes to dismiss W as a plaintiff, withdraw from representing W and file against W and the other driver on behalf of H. H and W both agree with this proposal. May Attorney proceed under these circumstances? ANSWER: As long as H and W have each consented to the course of action Attorney has outlined after each has been fully informed of all relevant considerations, Attorney may proceed as Attorney has proposed. Although it is not required by the rules, it is recommended that Attorney make the disclosures and get the consents in writing.

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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