Could a former judge represent a party in an estate or divorce matter after judicial action in it?

Plain-English summary

A former judge had signed letters of administration for an estate that later became contested and had entered a divorce decree later subject to a modification action. A party in each matter sought representation by the former judge.

The opinion applied Rule 4-1.12 to both situations and prohibited the proposed representation unless all parties consented after 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 former judge represent a party in the contested estate?

A: Only if all parties consented after disclosure.

Q: Did the same condition apply to modification of the divorce decree?

A: Yes. The opinion gave the same Rule 4-1.12 answer.

Background and rules framework

The opinion applied Missouri Rule 4-1.12 to a former judge's later representation in an estate and a divorce matter in which the judge previously acted.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-1.12

See also

• Missouri Informal Op. 950119: Former judge in family proceedings
• Missouri Informal Op. 990076: Former judge enforcing own order

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/950107/

Original opinion text

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

QUESTION: Attorney is a former judge. Attorney presents several situations. Situation 1: While a judge, Attorney signed letters of administration. Subsequently, the estate became contested and Attorney has now been asked to represent a party. Situation 2: While a judge, Attorney entered a divorce decree. One of the parties to the divorce has asked Attorney for representation in an action to modify the decree. Does Attorney have a conflict of interest in these situations? ANSWER: Yes, in each of the situations described, Attorney is prohibited by Rule 4–1.12 from undertaking the representation unless all parties consent after disclosure.