Could a lawyer represent a plaintiff against two defendants when one was the lawyer's distant relative?

Plain-English summary

A lawyer was asked to sue two defendants for a plaintiff. One defendant was a distant relative of the lawyer.

The opinion allowed representation against both defendants if the lawyer made full written disclosure to the client and obtained the client's written consent.

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: Did the relative's presence bar the case outright?

A: No. The opinion allowed the representation subject to written disclosure and consent.

Q: Who had to consent?

A: The plaintiff client, in writing.

Background and rules framework

The opinion considered a family relationship with an opposing party. It cited no numbered rule.

See also

• Missouri Informal Op. 940028: Relative before a hearing officer
• Missouri Informal Op. 940077: Lawyer spouses on opposite sides

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/930180/

Original opinion text

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

QUESTION: Attorney has been asked to represent plaintiff against two defendants. One defendant is a distant relative of Attorney. May Attorney represent the plaintiff? ANSWER: Attorney may represent the plaintiff against both defendants if Attorney makes full disclosure to her client in writing and obtains her client´s consent in writing.