Could a former prosecutor represent A against B after filing a child-support withholding motion at B's request?
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 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
- Missouri Informal Op. 950096: Prosecutor child-support parent conflict
- Missouri Informal Op. 950003: Former prosecutor and divorce consultation
Source
- Landing page: https://mo-legal-ethics.org/informal-opinion/940127/
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.
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