May a lawyer defend a former client charged with a crime against another former client?

Plain-English summary

The lawyer had separately represented H in a misdemeanor case and W in a DWI case. H then faced a charge in which W was the victim, and W asked the lawyer to defend H.

The opinion permits the defense only after full disclosure to W and her consent; her statement that she already knew the facts is insufficient. Even with a waiver, the lawyer may not represent or advise W in this or a related matter. The answer leaves court disqualification and independent disciplinary investigation open.

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: Was W’s statement that she knew the facts enough?

A: No. The lawyer must make full disclosure to W before obtaining her consent.

Q: May the lawyer also advise W with her waiver?

A: No. The answer says that is prohibited even with a waiver.

Background and rules framework

The answer states a former-client conflict and waiver condition without naming a numbered rule.

See also

• Missouri Informal Op. 970092: Former Municipal Client
• Missouri Informal Op. 970100: Former Client Deed

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/960275/
• Rule revision reference: Missouri Informal Opinion 970082

Original opinion text

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

QUESTION: Attorney previously represented H in an unrelated misdemeanor case. Attorney previously represented W in a DWI charge. H and W seek to retain Attorney to represent H in criminal charge in which W is the victim. W states that she told the prosecutor she did not want to prosecute H. W states she is fully aware of the facts, will not testify against H and requests that Attorney represent H. May Attorney represent H? ANSWER: Attorney may represent H if W consents after full disclosure. It is not sufficient for Attorney to simply accept W´s statement that she is fully aware. Once Attorney has made full disclosure to her, if she consents, Attorney may represent H. However, this opinion does not, in any way, affect the ability of the court to rule on a motion to disqualify. Additionally, if a complaint is received, it would be investigated to determine the facts independently. Attorney may not, even with a waiver, represent or advise W on this or any related matter.