Ezel / Ethics Opinions / MOLEC

Could a lawyer represent an accident plaintiff when a firm partner witnessed the accident?

Short answer Yes. The opinion said Rule 4-3.7(b) might permit representation even if the partner testified, but required the lawyer to ensure neither lawyer's personal interests impaired professional judgment under Rule 1.7(b).
Bar
MOLEC
Issued
1995

Apply this to your situation

This page answers the general question as of 1995. 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 partner witnessed the accident underlying a client's personal-injury case. The lawyer did not plan to call that partner because other witnesses were available.

The opinion allowed the representation. It noted that Rule 4-3.7(b) might allow the lawyer to remain at trial even if the partner testified. In all events, the lawyer had to ensure that the lawyer's or partner's interests did not impair judgment and create a Rule 1.7(b) conflict.

Currency note

This 1995 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 partner's witness status bar the representation?

A: No. The opinion permitted it on the stated facts.

Q: What if the partner later testified?

A: The opinion said Rule 4-3.7(b) might still permit the lawyer's trial representation.

Q: What conflict check remained?

A: The lawyer's and partner's interests could not affect the lawyer's judgment under Rule 1.7(b).

Background and rules framework

The opinion applied Missouri Rule 4-3.7(b) to a partner's possible testimony and Rule 1.7(b) to the lawyer's independent judgment in the case.

Citations and references

Rules of Professional Conduct:

  • Missouri Rule 4-3.7(b)
  • Rule 1.7(b)

See also

Source

Original opinion text

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

QUESTION: Attorney represents a client in a personal injury case arising out of an accident. One of Attorney´s partners was a witness to the accident. Attorney does not plan to use the partner as a witness because there are other witnesses. May Attorney represent this client? ANSWER: Yes. Under Rule 4–3.7(b), it is possible that Attorney could continue to represent the client at trial even if the partner is used as a witness. In any event, Attorney must make certain that Attorney´s own interests and the interests of Attorney´s partner do not affect Attorney´s judgment in any aspect of the representation resulting in a conflict of interest under Rule 1.7(b).

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