Could a deceased business client's lawyer represent the children after a joint estate consultation with the widow?
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.
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
- Missouri Informal Op. 960048: Former estate client and guardianship conflict
- Missouri Informal Op. 940174: Guardianship family conflict
Source
- Landing page: https://mo-legal-ethics.org/informal-opinion/930122/
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.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace