980109 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 980109

Rules: 4–1.9; 4–1.10

Client-Lawyer Relationship

Duties to Former Client

QUESTION: Attorney’s firm has taken on a new partner, who was formerly with another local firm. Attorney’s firm recently became aware that the new partner’s previous firm is on the opposing side in a modification case. The new partner was not the attorney of record and has no knowledge of the particular case in question. The opposing firm is now raising conflict of interest. Does Attorney’s firm have to remove themselves from the case?
ANSWER: Based solely on the information Attorney has provided, it does not appear that this situation involves a conflict of interest under Rules 4 dash–1.9 and 4 dash–1.10. This opinion is based on the understanding that Attorney’s new partner did not obtain any confidential information related to this matter while the new partner was at the former firm. This would include information obtained at firm meetings and through informal conversation.

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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