Informal Opinion Number: 970169

QUESTION: Attorney is handling a personal injury matter for X. The next day Attorney is hired by Y for a personal injury matter. Attorney has since learned that X and Y were injured in the same accident. Is there a conflict? ANSWER: Under the facts of this case, Attorney does have a conflict of interest under Rule 4-1.7 in representing both X and Y. X is entitled to objective advice regarding whether Y should be joined as a defendant. Attorney will not be able to provide this advice or perform an objective investigation on which to base this advice if Attorney also represents Y.

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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