Informal Opinion Number: 960264

QUESTION: Attorney is representing a client in a negligence claim against a person who is insured by Insurer. Insurer has now asked Attorney to represent it in unrelated litigation. Would this be a conflict? ANSWER: Attorney does have a conflict of interest under Rule 4-1.7(a) if Attorney simultaneously represents Insurer and the client in the negligence case. Attorney could represent both if Attorney obtains consent from both clients 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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