Could a deceased business client's lawyer represent the children after a joint estate consultation with the widow?

Short answer The opinion barred representation of the children unless the widow consented after full disclosure.
Bar
MOLEC
Issued
1993

Apply this to your situation

This page answers the general question as of 1993. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

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

A lawyer had represented a man in business matters. After his death, the new wife and children from an earlier marriage consulted the lawyer about the estate; they later disagreed and retained separate counsel. The children asked the lawyer to represent them.

The opinion said the lawyer could not do so without the wife's consent after full disclosure. It did not identify a numbered rule or elaborate on the consultation's legal status.

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 lawyer represent the children immediately?

A: No. The opinion required the wife's consent after full disclosure.

Q: Had the lawyer previously represented the deceased man?

A: Yes, in his business matters.

Q: Did the widow and children consult the lawyer together?

A: The question says they consulted the lawyer about the estate before disagreement arose.

Background and rules framework

The opinion addressed adversity following a shared estate consultation with a deceased former client's wife and children. It cited no numbered rule.

See also

Source

Original opinion text

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

QUESTION: Attorney represented Man in his business. Man has two children by previous wife. Man marries Wife 2. Man dies. Wife 2 and children consult with attorney regarding the estate. Wife 2 and children then begin disagreement and each get separate counsel. Children now want attorney to represent them. ANSWER: Attorney may not represent the children unless Wife 2 consents after full disclosure.

What do the rules say today, for your facts?

This opinion is from 1993. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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