Could a lawyer who handled a husband's child-emancipation record then represent his new wife on marital matters?

Short answer The opinion barred the new-wife representation if it was substantially related to the emancipation or if confidences about the husband or marriage could be used against him.

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 represented a husband in changing court records to show a child's emancipation. The husband later remarried, and his new wife sought the lawyer's help with marital matters.

The opinion said Rule 1.9 barred the new representation if any marital matter was substantially related to the emancipation. It also barred the work if information obtained about the husband or marriage during the prior matter could be used to his disadvantage.

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: What substantial-relationship limit did the opinion give?

A: The new marital matter could not be substantially related to the earlier child-emancipation representation.

Q: Could confidential information independently prevent the work?

A: Yes, if information from the husband's case could be used against him in representing his new wife.

Background and rules framework

The opinion applied Rule 1.9 and former-client information to a proposed representation of the former client's new spouse.

Citations and references

Rules of Professional Conduct:

Missouri Rule 1.9

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/930130/

Original opinion text

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

QUESTION: Attorney represents Husband to change court records to show emancipation of child. Wife 1 signs acknowledgement. Husband is now married to Wife 2. Wife 2 now seeks to be represented by attorney regarding marital matters. May attorney represent Wife 2? ANSWER: Attorney may not represent Wife 2 under Rule 1.9 if any of the marital matters are substantially related to the emancipation of the child. Additionally, attorney may not represent Wife 2 if information about Husband or the marriage was obtained in the course of representing Husband which could be used to Husband´s disadvantage in representing Wife 2.

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