Ezel / Ethics Opinions / MOLEC

Could a lawyer who represented a husband in divorce later represent the wife in modifying child support from that case?

Short answer Only if the former husband consented after full disclosure. Otherwise, the opinion said the wife's representation would violate Rule 4-1.9(a).
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 lawyer had represented a husband in a dissolution case. The wife later sought representation to modify the child-support award in that same case.

The opinion said representing the wife would violate Rule 4-1.9(a) unless the husband consented after full disclosure.

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 the lawyer take the wife's modification case without the husband's consent?

A: No. The opinion said that would violate Rule 4-1.9(a).

Q: What consent would change the answer?

A: The former husband's consent after full disclosure.

Background and rules framework

The opinion applied Missouri Rule 4-1.9(a) to a new representation adverse to a former divorce client in modification of the same case.

Citations and references

Rules of Professional Conduct:

  • Missouri Rule 4-1.9(a)

See also

Source

Original opinion text

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

QUESTION: Attorney represented H in a dissolution case. May Attorney now represent W in seeking modification of the child support awarded in that case? ANSWER: Unless H consents after full disclosure, the representation would violate Rule 4–1.9(a).

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This opinion is from 1995. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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