Informal Opinion Number: 960263

QUESTION: Attorney represents a company (Client A) in various types of legal matters. Attorney also represents client B in litigation. Several representatives of the company have been named as potential witnesses for the opposing party. Attorney possesses information from the representation of Client A which could be used to impeach these witnesses. ANSWER: Attorney has a conflict of interest which prohibits Attorney from continuing to represent Client B, unless Client A consents after full disclosure.

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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