Ezel / Ethics Opinions / MOLEC

May a lawyer who represented the wife in a dismissed dissolution case later represent the husband in a new dissolution?

Short answer Only if the wife consents. The opinion applies Rule 4-1.9(a) to the lawyer’s former representation of her despite dismissal of the first case.
Bar
MOLEC
Issued
2004

Apply this to your situation

This page answers the general question as of 2004. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2004
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The lawyer filed a dissolution petition for the wife, then had that case dismissed with her consent. The husband asked the lawyer to represent him in a new dissolution.

The opinion says Rule 4-1.9(a) bars the proposed representation because the lawyer represented the wife in the earlier case, unless she consents.

In practice

The opinion treats the dismissed first case as a former-client representation and conditions representing the husband on the wife’s consent.

Common questions

Q: Does dismissal of the first case remove the conflict?

A: No. The opinion applies Rule 4-1.9(a) because the lawyer represented the wife as petitioner.

Q: Whose consent is needed?

A: The wife’s consent is required for representation of the husband in the new dissolution.

Background and rules framework

The opinion applies Rule 4-1.9(a) to a former client in a new dissolution between the same spouses.

Citations and references

Missouri Rules of Professional Conduct:

  • Rule 4-1.9

See also

Source

Original opinion text

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

QUESTION: Husband called Attorney regarding an uncontested dissolution. Husband wanted Attorney to represent Wife as petitioner. Wife came to Attorney’s office, giving the necessary information to file the petition. Attorney discovered there were children involved and had the petition removed from the uncontested docket and dismissed it, with Wife’s consent. Husband asked Attorney to proceed with the dissolution representing Husband as petitioner. May Attorney represent Husband in the dissolution?

ANSWER: Based upon the fact that Attorney represented Wife as petitioner in the previous dissolution case, under Rule 4–1.9(a), Attorney may not represent Husband in a new dissolution case, unless Wife consents.

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