Could a legal aid office represent one party after both sides sought its help in a domestic-relations case?

Plain-English summary

A legal aid office asked about two domestic-relations intake sequences: one party was denied and the other then applied, or both parties applied at roughly the same time and the office selected one.

The opinion gave the same condition for either sequence. The office could represent the qualifying party only by assigning a contract attorney who had no access to the other party's intake information.

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: Did the order of applications change the answer?

A: No. The opinion applied the same condition to both sequences.

Q: Could a staff attorney take the case under the opinion?

A: The opinion allowed representation only if a contract attorney without access to the other party's intake information was assigned.

Q: What information had to be isolated?

A: The intake information of the other party.

Background and rules framework

The opinion addressed conflicts arising from opposing domestic-relations intake applications at one legal aid office. It cited no numbered rule.

See also

• NJACPE Op. 529: Legal aid office conflicts
• OSB Op. 2005-138: Legal aid prospective-client referral

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940119/

Original opinion text

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

QUESTION: A legal aid office asks two questions regarding domestic relations cases. (1) If one party seeks representation but is denied for some reason and the second party subsequently seeks representation, may the legal aid office provide representation through a staff attorney or contract attorney? (2) If both parties apply for representation at approximately the same time, may the committee that reviews applications consider both and accept one but reject the other? ANSWER: In either situation, the office may offer representation to the qualifying party only if a contract attorney who has no access to the intake information of the other party is assigned.