Ezel / Ethics Opinions / MOLEC

May a Missouri lawyer hire a nonlawyer assistant from opposing counsel's firm without creating a conflict?

Short answer Yes, absent other facts, if the nonlawyer is properly screened from affected matters under Rule 4-1.0(k) and supervised under Rule 4-5.3. Nonlawyer involvement does not itself impute the former firm's conflict.
Bar
MOLEC
Issued
2018

Apply this to your situation

This page answers the general question as of 2018. 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 2018
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

Rule 4-1.10 Comment [4] distinguishes a nonlawyer's prior involvement from lawyer conflict imputation. The hiring lawyer may continue the representation if the nonlawyer is screened under Rule 4-1.0(k).

Rule 4-5.3 supervision must also ensure the assistant's conduct remains compatible with the lawyer's duties.

In practice

Under this opinion, hiring is permitted through both an effective matter screen and active nonlawyer supervision.

Common questions

Q: Does hiring automatically create a conflict? A: No.

Q: Is a screen required? A: Ordinarily yes for affected matters.

Q: Must the lawyer supervise the assistant? A: Yes, under Rule 4-5.3.

Background and rules framework

Rules 4-1.0(k), 4-1.10 Comment [4], and 4-5.3 govern the screen and supervision.

Citations and references

  • Missouri Rules 4-1.0(k), 4-1.10, and 4-5.3; Rule 4-1.0 Comments [10]-[11]

See also

Source

Original opinion text

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

Question: May Attorney hire a nonlawyer assistant who currently works for a law firm in which opposing parties are represented by a lawyer in the firm? If so, does Attorney have a conflict of interest because of the hiring?

Answer: Attorney may hire the nonlawyer assistant. Attorney will not have a resulting conflict of interest, absent other facts, if the nonlawyer assistant is properly screened from the affected matters pursuant to the definition of screening in Rule 4–1.0(k) and supervised in accordance with Rule 4–5.3, Responsibilities Regarding Nonlawyer Assistants. Comment [4] to Rule 4–1.10, Imputation of Conflicts of Interest: General Rule, explains that the rule does not prohibit representation of a client when the person prohibited from involvement in the matter is a nonlawyer, but the nonlawyer ordinarily must be screened in accordance with Rules 4–1.0(k) and supervised in compliance with Rule 4–5.3 to ensure the nonlawyer’s conduct is compatible with Attorney’s professional obligations. See also Rule 4–1.0, Comments [10] and [11].

What do the rules say today, for your facts?

This opinion is from 2018. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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