Informal Opinion Number: 980143

Rules: 4-7.1; 4-1.10
Information About Legal Services
Communication Concerning a Lawyer's Services
Summary: partner in one firm and Of Counsel to another; disclosure of relationship; shared conflicts

QUESTION: May Attorney be a partner in one firm and be “Of Counsel” to another firm?
ANSWER: It is possible for Attorney to be “Of Counsel” to one firm and a partner in another. If Attorney has a relationship with more than one firm, the conflicts of each firm become the conflicts of the other. Also, it will be necessary for both firms to disclose the relationship with the other firm everywhere they hold themselves out to the public.

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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