980084 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri



Informal Opinion Number: 980084

Rules: 4–1.10; 4–1.9

Client-Lawyer Relationship

Imputation of Conflicts of Interest: General Rule

QUESTION: Attorney´s firm is a general defense firm, which represents defendant X in a medical negligence case. The firm recently hired an associate, who has not yet come to work. The associate is currently working with a plaintiff´s firm and is the primary associate representing the plaintiffs in the medical malpractice case against defendant X. Attorney´s firm intends to completely screen the case when the associate arrives at the firm. May Attorney´s firm continue to represent the defendant in the medical negligence case?
ANSWER: Under Rules 4 dash–1.10 and 4 dash–1.9(a), Attorney´s firm has a conflict of interest in the case once the associate becomes associated with Attorney´s firm. Screening is not an option to avoid the conflict. The conflict would be waivable by the plaintiff and, perhaps, Attorney´s offer of screening will persuade the plaintiff to waive the conflict. Otherwise, it will be necessary for Attorney´s firm to withdraw from the case before the associate begins employment.

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.

Request an Informal Opinion.