Informal Opinion Number: 960275

QUESTION: Attorney previously represented H in an unrelated misdemeanor case. Attorney previously represented W in a DWI charge. H and W seek to retain Attorney to represent H in criminal charge in which W is the victim. W states that she told the prosecutor she did not want to prosecute H. W states she is fully aware of the facts, will not testify against H and requests that Attorney represent H. May Attorney represent H? ANSWER: Attorney may represent H if W consents after full disclosure. It is not sufficient for Attorney to simply accept W´s statement that she is fully aware. Once Attorney has made full disclosure to her, if she consents, Attorney may represent H. However, this opinion does not, in any way, affect the ability of the court to rule on a motion to disqualify. Additionally, if a complaint is received, it would be investigated to determine the facts independently. Attorney may not, even with a waiver, represent or advise W on this or any related matter.

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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