What did Missouri's original Opinion 940005 say about a lawyer being partner in two firms?
Apply this to your situation
This page answers the general question as of 1994. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer proposed partnership in two law firms handling different types of work. This original opinion said that would violate the rules because the lawyer would have conflicts from both firms and clients would not know all possible conflicts involving the other firm.
Informal Opinion 940075 later expressly reconsidered this answer and permitted the relationship if both firms were identified in their communications and treated as one for conflicts. The original answer is therefore historical.
Currency note
Missouri Informal Opinion 940075 expressly reconsidered this opinion and permitted the two-firm relationship under stated conditions. This 1994 opinion also predates Missouri's 2007 rule amendments, identified in an official reference note. Treat this page as historical context and verify current rules before relying on it.
Common questions
Q: Did the original opinion permit the two-firm role?
A: No. It found a violation because of conflicts across both firms and clients' lack of awareness.
Q: Was that answer later reconsidered?
A: Yes. Opinion 940075 permitted the relationship with both-firm identification and unified conflict treatment.
Background and rules framework
The original opinion discussed cross-firm conflicts without citing a numbered rule. The later official Opinion 940075 expressly quoted and reconsidered it.
See also
- Missouri Informal Op. 940075: Reconsideration of dual-firm partnership
- Missouri Informal Op. 940052: Of counsel across two firms
Source
- Landing page: https://mo-legal-ethics.org/informal-opinion/940005/
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION: Attorney would be a partner in two firms. Attorney would not do the same type of work in both firms. ANSWER: This would be a violation of the rules because Attorney would have conflicts from both firms. Attorney´s clients would not be aware of all of the conflict situations which could involve the other firm.
What do the rules say today, for your facts?
This opinion is from 1994. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.
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