980139 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 980139

Rules: 4–1.7

Client-Lawyer Relationship

Conflict of Interest: Current Clients

QUESTION: Attorney represents several individuals in a pending probate matter. The personal representative has offered an aggregate settlement to all of the clients. It is Attorney´s opinion that the clients should settle the matter. Approximately one half of the clients want to settle, while the others do not. Attorney has told the clients that it is Attorney´s belief that if they go to trial, they may not get anything. Does Attorney have a conflict of interest?
ANSWER: Based on the information Attorney has provided, Attorney does have a conflict of interest. Attorney must withdraw from representing all of the plaintiffs, unless the individuals in one group of plaintiffs will consent to Attorney´s continued representation of the individuals in the other group of plaintiffs. Unless these individuals have formally formed some type of entity to make decisions in the case, Attorney represents individuals. Each individual decides for himself or herself whether he or she will settle.

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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