Could a lawyer who obtained a default judgment for one client later defend the judgment debtor against an assignee?

Plain-English summary

A lawyer had appeared for another lawyer to obtain a default judgment for Client A, then left the firm and ended that client relationship. The lawyer later represented Client B, the judgment debtor. Client A assigned the judgment to C, who sought to collect it from B.

Asked whether the lawyer could represent B against C, the opinion answered no unless C waived the conflict under Rule 4-1.9(a). It gave no further explanation of the assignee's role in the waiver.

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 leaving the former firm remove the conflict?

A: No. The opinion still barred the described representation unless C waived the conflict.

Q: Whose waiver did the opinion identify?

A: C's, the assignee of Client A's default judgment.

Background and rules framework

The opinion expressly applied Missouri Rule 4-1.9(a) to the later defense of the debtor against the judgment's assignee. Its answer specified C's waiver and did not explain why that assignee held the waiver role.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-1.9(a)

See also

• Missouri Informal Op. 970082: Firm former-client conflict
• Missouri Informal Op. 960048: Former estate client guardianship

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/950267/

Original opinion text

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

QUESTION: Attorney appeared for another attorney to obtain a default judgment for Client A. Attorney then left the firm and had no continuing relationship with Client A. Attorney now represents Client B, the defendant in the case that defaulted. Client A has assigned the rights under the default judgment to C who is trying to collect the judgment against B. May Attorney represent B against C? ANSWER: No, unless C waives the conflict under Rule 4–1.9(a).