Could a former defense lawyer represent the theft victim's employer in a related suit against a third person?
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 had represented a client who pleaded to stealing from an employer. The employer sought the lawyer's help suing someone who should have detected the theft and said it did not plan to sue the former client.
The opinion allowed the employer representation only with the former client's consent after full disclosure. If another defendant brought the former client into the suit, the lawyer would have to withdraw.
Currency note
This 1994 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: Was the employer's promise not to sue the former client enough?
A: No. The opinion still required the former client's consent after full disclosure.
Q: What if the former client became a defendant?
A: The lawyer would have to withdraw.
Background and rules framework
The opinion addressed a proposed civil matter connected to a former client's criminal case. It cited no numbered rule.
See also
- Missouri Informal Op. 960248: Former client's adverse witness information
- Missouri Informal Op. 940086: Former spouse custody facts
Source
- Landing page: https://mo-legal-ethics.org/informal-opinion/940009/
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION: Attorney represented a client who entered a plea of stealing from an employer. The employer has now asked Attorney to represent it in an action against a person who should have detected the theft. The employer says it has no interest in bringing an action against Attorney´s former client. ANSWER: Attorney may only represent the employer if the former client consents after full disclosure. The situation will be further complicated if the former client is brought in as a defendant by the other defendant. In that situation, Attorney will have to withdraw.
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