Informal Opinion Number: 990076
Rules: 4 dash–1.12
Client-Lawyer Relationship
Former Judge, Arbitrator, Mediator or Other Third-Party Neutral
Subject: Conflict of Interest - Former Judge, Mediator or Third-Party Neutral
Summary: assisting client in enforcement of court order when order was issued by lawyer in former capacity as a judge
QUESTION: Attorney is a former Associate Circuit Judge who is now in private practice. While still a judge, Attorney entered an order in a dissolution matter awarding visitation to one of the parents. This parent has now asked Attorney for representation in seeking enforcement of the visitation order. May Attorney represent this parent?
ANSWER: Under the circumstances Attorney has described, Attorney would be prohibited from representing the parent under Rule 4 dash–1.12.
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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