Informal Opinion Number: 970171

QUESTION: Attorney was on the board of directors of a not for profit corporation as a citizen, not as counsel. Attorney resigned from the board. A year later Attorney was approached by a client seeking to file suit for an intentional tort, against the corporation´s employees and chairman. The client also served as a volunteer board member, but not at the same time as Attorney. Is there a conflict of interest in representing the client in the intentional tort suit? ANSWER: Based solely on the facts Attorney has provided, Attorney does not have a conflict. The actions which give rise to the intentional tort claim did not occur while Attorney was on the board of directors or as a result of actions taken by the board while Attorney was on the board. However, if the actions had occurred while Attorney was on the board of directors or as a result of the board´s actions while Attorney was a member, Attorney would have a conflict of interest under Rule 4-1.7(b), which would prohibit Attorney from representing this client in the tort action.

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.

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