Did prior representation of an opposing party create a conflict in a new case?
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 represented W against H after having represented H in a different matter years earlier.
The opinion said Rule 4-1.9(b) created a conflict if the lawyer acquired any information in the earlier work that could be used to H's detriment in the current proceeding. It did not make a final determination without that fact.
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 mere passage of years decide the conflict?
A: No. The opinion focused on information gained during the earlier representation.
Q: What kind of information mattered?
A: Any information from the earlier representation that could disadvantage the former client in the present case.
Background and rules framework
The opinion applied Missouri Rule 4-1.9(b) to a proposed representation against a former client and made the conflict conditional on potentially detrimental information obtained earlier.
Citations and references
Rules of Professional Conduct:
- Missouri Rule 4-1.9(b)
See also
- Missouri Informal Op. 950047: Former husband and wife modification
- Missouri Informal Op. 950116: Former litigation client adversity
Source
- Landing page: https://mo-legal-ethics.org/informal-opinion/940189/
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION: Attorney is handling a case for W against H. Attorney represented H in a different matter several years previously. Does Attorney have a conflict? ANSWER: Rule 4–1.9(b) provides that Attorney has a conflict if Attorney obtained any information in the course of representing H in the previous proceeding which could be used to H´s detriment in the current proceeding.
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