Informal Opinion Number: 970181

QUESTION: Husband comes to Attorney with Wife and Child asking for representation in a personal injury accident suit. Husband was the driver, Wife and Child were passengers. Attorney has represented Husband on other matters. The facts of the accident appear to present liability on the other driver, but it is possible that the other driver may attempt to assert some negligence on Husband´s part. Attorney advised Husband and Wife that there may be a possible conflict of interest because Wife and Child may have potential claims against Husband should he be found partially negligent. Can Wife and Wife on behalf of Child sign appropriate conflict waivers so Attorney can represent all three members of the family? ANSWER: Based upon the facts presented, it is possible that the conflict may be waived after full disclosure. The Attorney must first make a reasonable determination, based on the facts of the case, that it will be possible to represent all parties without adversely effecting the representation of any of them. The Husband then must waive the conflict on behalf of himself and Wife must waive it, on behalf of herself and Child. If it appears, at any point, that there should be a claim made by Wife or Child against Husband or if the other driver files against Husband, Attorney may have to withdraw from representation of all three.

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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