Did a mother's changed position in a guardianship case require withdrawal from that case and her separate injury case?

Plain-English summary

Grandparents and a mother consulted a lawyer about placing a child in the grandparents' guardianship. They also contacted the lawyer to represent the mother in a personal injury suit. Before the guardianship hearing, the mother changed her mind.

The opinion said the change created a Rule 4-1.7 conflict in the guardianship matter because the circumstances indicated that the entire family would view the lawyer as their counsel there. It required withdrawal from guardianship, but not from the personal injury case.

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 lawyer have to withdraw from the guardianship matter?

A: Yes. The opinion found a Rule 4-1.7 conflict.

Q: Did the lawyer also have to withdraw from the mother's injury matter?

A: No, according to the opinion.

Background and rules framework

The opinion applied Missouri Rule 4-1.7 to the lawyer's relationship with the family in the guardianship case.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-1.7

See also

• Missouri Informal Op. 950133: Mother and grandparents' guardianship
• Missouri Informal Op. 960048: Former estate client's guardianship

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940174/

Original opinion text

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

QUESTION: Grandparents and mother contacted Attorney about filing a case to put guardianship of grandchild in grandparents. Subsequently, Grandparents and mother also contacted Attorney to represent mother in a personal injury suit mother wanted to file. Before the guardianship hearing, mother changed her mind. Must Attorney withdraw from both cases? ANSWER: The mother´s change of position creates a conflict under Rule 4–1.7 in the guardianship case. Attorney must withdraw from the guardianship case because the circumstances indicate that the entire family would consider Attorney to be their attorney in that case. Attorney need not withdraw from the personal injury case.