What happened to opposing pending cases when two adverse lawyers formed one firm?

Plain-English summary

Two lawyers in separate firms planned to form a firm while they had cases against each other. One was a guardian ad litem in a case the other had declined for a conflict; lawyers in the first lawyer's current firm also had cases against the second.

For pending cases in which the two prospective partners opposed each other, the opinion required both to withdraw unless both clients consented to one lawyer continuing for one party. Both could not continue on opposite sides after joining. The guardian ad litem had to withdraw upon formation of the new firm because Rule 4-1.10 imputed conflicts between members.

For cases against other lawyers in the first lawyer's former firm, the second lawyer did not have to withdraw unless the first lawyer had obtained confidential information related to that representation while at the former firm.

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: Could both opposing lawyers stay after merging?

A: No. Both had to withdraw unless both clients consented to one lawyer continuing for one side.

Q: What happened to the guardian ad litem role?

A: The opinion required withdrawal when the new firm formed.

Q: Did all former-firm opponent cases require the second lawyer to withdraw?

A: No. The opinion made that turn on whether the first lawyer had gained relevant confidential information at the former firm.

Background and rules framework

The opinion applied Missouri Rule 4-1.10 to a merger of lawyers with conflicting matters and separately assessed former-firm cases through confidential-information access.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-1.10

See also

• Missouri Informal Op. 950186: Judge member firm conflict
• Missouri Informal Op. 950169: Office sharing separation

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/950037/

Original opinion text

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

QUESTION: Two attorneys who are in separate firms will form a firm. They currently have cases against each other. Attorney A is a guardian ad litem in a case which the other attorney had to decline due to a conflict. Other members of Attorney A´s firm have cases against Attorney B. What must the attorneys do regarding these cases.

ANSWER: In all of the pending cases, both attorneys must withdraw unless both clients consent to one continuing as counsel for one party. The rules do not permit the attorneys to obtain consent for both to remain in the case once they are both in the same firm. Attorney A will have to withdraw as guardian ad litem once the firm is formed. Under Rule 4–1.10, the conflict of one is the conflict of both. It will not be necessary for Attorney B to withdraw from cases in which another member of Attorney A´s current firm represents the opposing party unless Attorney A gained confidential information related to the representation while Attorney A was in the current firm.