Informal Opinion Number: 970019

Reference Note: Effective July 1, 2007, Rule 4-1.7 was amended. This opinion is based on Rule 4-1.7 in effect prior to that date.

QUESTION: Attorney is representing a plaintiff against a defendant who is insured by XYZ. Another member of Attorney’s firm is representing a defendant who is insured by XYZ in unrelated litigation. Is this a conflict?
ANSWER: Attorney’s firm has a conflict of interest under Rules 4-1.7 and 4-1.10 which prevents it from handling matters on behalf of XYZ while Attorney is representing Attorney’s personal injury client against XYZ, or its interests. This conflict could be waived. It would be necessary to make full disclosure to Attorney’s personal injury client and XYZ. Each would have to expressly waive the conflict 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/.

© Copyright 2025