Ezel / Ethics Opinions / MOLEC

May a lawyer represent a father in custody after consulting with the mother about child support?

Short answer The opinion identifies a Rule 4-1.9(a) conflict arising from the earlier consultation and says the lawyer should seek leave to withdraw.
Bar
MOLEC
Issued
1996

Apply this to your situation

This page answers the general question as of 1996. 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

The mother consulted the lawyer years earlier about recovering child support, and the lawyer referred her elsewhere. The father later sought that lawyer for a custody matter.

The opinion finds a conflict under Rule 4-1.9(a) and directs the lawyer to seek leave to withdraw from the father’s representation.

Currency note

This opinion was issued in 1996, before Missouri’s 2007 revisions to the Rules of Professional Conduct. 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: Does referring the mother to another lawyer avoid the conflict?

A: No. The answer identifies a Rule 4-1.9(a) conflict despite the referral.

Q: What step does the answer specify?

A: The lawyer should seek leave to withdraw.

Background and rules framework

The opinion finds a conflict under Rule 4-1.9(a) and directs the lawyer to seek leave to withdraw from the father’s representation.

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: Several years ago, Mother consulted Attorney about recovering back child support from Father. Attorney referred Mother to another attorney. Father now seeks representation from Attorney in obtaining custody of the child. Is this a conflict? ANSWER: Attorney does have a conflict of interest under Rule 4–1.9(a) and Attorney should seek leave to withdraw.

What do the rules say today, for your facts?

This opinion is from 1996. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace