Could a firm that represented a mother and one child together defend that child in a later suit brought by the mother?

Plain-English summary

A firm had represented a mother and one child in an accounting suit against another child. After the mother changed position and sued the first child for an accounting, a lawyer at that firm asked to defend the child.

The opinion answered no. It did not explain further or cite a numbered rule.

Currency note

This 1993 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Could the firm defend the child against the mother?

A: No, according to the opinion.

Q: Whom had the firm represented before?

A: The mother and the child it later proposed to defend.

Background and rules framework

The opinion addressed a later suit between two people the firm had represented together. It cited no numbered rule.

See also

• Missouri Informal Op. 2015-08: Former joint client custody conflict
• Missouri Informal Op. 930122: Former business client and family estate

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/930080/

Original opinion text

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

QUESTION: Child A held durable power of attorney for parents and was personal representative of father´s estate. Child B was concerned about Child A´s actions and sued for an accounting. Mother later joined in suit. Mother later changed attitude toward Child A. Mother has now sued Child B for an accounting. May a member of the firm which represented Mother and Child B against Child A now defend Child B in the suit by Mother? ANSWER: No.