May a corporation's in-house lawyer hire the lawyer's spouse and spouse's firm for corporate legal work?

Short answer The opinion says the proposed hiring creates a Rule 4-1.7(b) conflict, but the corporation may waive it after full disclosure.

Bar

MOLEC

Issued

1997

Apply this to your situation

This page answers the general question as of 1997. 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 employed by a corporation wanted to hire the lawyer's spouse, also an attorney, and the spouse's firm to perform legal work for the corporation. The lawyer asked whether that arrangement created a conflict.

The answer says it did create a conflict under Rule 4-1.7(b). It also says the corporation could waive the conflict after full disclosure. The published answer does not specify any other conditions or identify a separate conflict involving the spouse's firm.

Currency note

This opinion was issued in 1997, 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: Did the opinion find a conflict in the proposed hiring?

A: Yes. It cites Rule 4-1.7(b).

Q: Could the corporation waive that conflict?

A: Yes, the answer says it could do so after full disclosure.

Background and rules framework

The opinion applies Rule 4-1.7(b) to the corporate lawyer's proposed retention of a spouse and the spouse's firm. It gives a concise conflict and waiver answer.

Citations and references

Missouri Rules of Professional Conduct:

Rule 4-1.7(b)

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/970227/
Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

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

QUESTION: Attorney works for a corporation. Attorney´s spouse is an attorney working for a law firm. Attorney would like to hire spouse and spouse´s law firm to do legal work for the corporation. Is this a conflict of interest? ANSWER: The situation described does create a conflict of interest under Rule 4–1.7(b). However, the conflict can be waived by the corporation after full disclosure.

What do the rules say today, for your facts?

This opinion is from 1997. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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