Did a firm’s unrelated representation of a corporate officer more than 20 years earlier require withdrawal from a suit against the corporation?

Plain-English summary

A plaintiff’s lawyer sued a corporation for personal injury. The lawyer’s firm had represented a shareholder and principal officer more than 20 years earlier, but the lawyer had not personally represented that person and the former matter was unrelated.

The opinion said these circumstances did not require voluntary withdrawal. It did not constrain a judge on a disqualification motion and said any complaint would be independently investigated.

Currency note

This opinion was issued in 2000, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: Did the opinion require voluntary withdrawal?

A: No, on the facts described.

Q: Did it decide a later disqualification motion?

A: No. It expressly preserved the judge’s ability to rule on such a motion.

Background and rules framework

The published answer addressed the described former representation without citing a numbered rule.

See also

• Missouri Informal Op. 20010035: Joined Firm Conflict

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20000088/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney represents Plaintiff in a personal injury matter against a corporation. One of the stockholders and principal officers of the corporation was a client of Attorney´s firm over 20 years ago. Attorney did not personally represent the shareholder and principal officer. Attorney was not aware of the existence of the prior representation until it was recently brought to Attorney´s attention. None of the information relating to the personal injury action has any connection with the earlier representation. Does Attorney need to take any action regarding Attorney´s representation in this pending personal injury case or may Attorney proceed to represent Plaintiff?

ANSWER: The circumstances Attorney has described do not require Attorney to voluntarily withdraw from representing Plaintiff in the action against the corporation. This opinion does not affect the ability of a judge to rule on a motion to disqualify. If a complaint is received, it will be investigated to determine the facts independently.