May a lawyer represent a husband in a post-divorce modification when the lawyer's current partner represented the wife in the divorce?

Plain-English summary

The lawyer had represented the husband in a divorce. A current law partner had represented the wife while at another firm. When the wife later sought to modify support and visitation, the lawyer entered for the husband.

The opinion finds the partner has a former-client conflict under Rule 4-1.9(a), imputed to the lawyer under Rule 4-1.10(a). The lawyer cannot represent the husband unless the wife consents. The partner's lack of contact with the current file and an internal screen do not avoid imputation, although screening may help secure a waiver.

In practice

The opinion conditions the husband's proposed representation on the wife's consent. It says the partner's screen does not itself eliminate the conflict.

Common questions

Q: Does the partner's lack of work on the modification remove the conflict?

A: No. The opinion imputes the former-client conflict despite the partner's lack of current involvement.

Q: Can an internal screen eliminate the conflict?

A: No. The opinion says screening does not avoid Rule 4-1.10, though it may help persuade the former client to consent.

Q: Whose consent is needed?

A: The wife, whom the current partner formerly represented, must consent.

Background and rules framework

The opinion applies Rule 4-1.9(a) to the partner's former representation of the wife and Rule 4-1.10(a) to impute that conflict within the current firm.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-1.9
• Rule 4-1.10

See also

• Missouri Informal Op. 20060093: Former Spouses Conflict
• Missouri Informal Op. 20050030: Hired Opposing Lawyer

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20060003/

Original opinion text

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

QUESTION: Attorney represented Husband in a divorce action against Wife. Wife was represented by Attorney’s now law partner. Attorney’s partner was with a different firm at the time of the divorce, and the case was settled several years ago. Wife has now filed a motion to modify child support and visitation against Husband. Wife hired an attorney at Attorney’s partner’s old firm. Attorney entered an appearance for Husband on the motion to modify. Attorney’s partner has no contact with the file and has no involvement in the matter whatsoever since the divorce. Does Attorney have a conflict?

ANSWER: Attorney has a conflict of interest that prevents Attorney from representing Husband, unless Wife consents. Attorney’s partner has a conflict under Rule 4–1.9(a). Rule 4–1.10(a) imputes that conflict to Attorney. Despite the fact that Attorney’s partner has had no contact with the matter in Attorney’s office, screening does not avoid the application of Rule 4–1.10, although it sometimes facilitates persuading the former client to waive the conflict.