Could a former prosecutor represent A against B after filing a child-support withholding motion at B's request?

Short answer The opinion said no; the proposed child-support and custody modification representation would violate Rule 4-1.9.
Bar
MOLEC
Issued
1994

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.

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 was asked to represent A against B in a motion to modify child support and custody. As a prosecuting attorney, the lawyer had previously filed a child-support withholding motion at B's request.

The opinion answered no, stating that the proposed representation would violate Rule 4-1.9. It did not give additional reasoning.

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 proposed modification representation allowed?

A: No. The opinion said it would violate Rule 4-1.9.

Q: What earlier work mattered?

A: The lawyer had filed a child-support withholding motion at B's request while serving as prosecutor.

Background and rules framework

The opinion applied Missouri Rule 4-1.9 to a former prosecutor's proposed adverse domestic-relations representation.

Citations and references

Rules of Professional Conduct:

  • Missouri Rule 4-1.9

See also

Source

Original opinion text

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

QUESTION: Attorney has been requested to represent A in a motion to modify against B involving child support and custody. Previously, Attorney was a prosecuting attorney and filed a motion for withholding related to child support at B´s request. May Attorney now represent A? ANSWER: No, the representation would violate Rule 4–1.9.

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.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace