Could one lawyer continue representing probate plaintiffs divided over an aggregate settlement?

Plain-English summary

Several probate clients received an aggregate settlement offer. About half favored settlement and half opposed it.

The opinion found a conflict on the stated facts. The lawyer had to withdraw from all unless one group consented to representation of the other. Absent a formally formed decision-making entity, each individual client made their own settlement choice.

Currency note

This opinion was issued in 1998, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: Could the lawyer choose settlement for the group?

A: No. The opinion said each individual decided absent a formal entity.

Q: Was continued representation of one group possible?

A: Yes, if the other group consented as described.

Background and rules framework

The published answer found a conflict without citing a numbered rule.

See also

• Missouri Informal Op. 20000061: Former LLC Client

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/980139/

• 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 represents several individuals in a pending probate matter. The personal representative has offered an aggregate settlement to all of the clients. It is Attorney´s opinion that the clients should settle the matter. Approximately one half of the clients want to settle, while the others do not. Attorney has told the clients that it is Attorney´s belief that if they go to trial, they may not get anything. Does Attorney have a conflict of interest?
ANSWER: Based on the information Attorney has provided, Attorney does have a conflict of interest. Attorney must withdraw from representing all of the plaintiffs, unless the individuals in one group of plaintiffs will consent to Attorney´s continued representation of the individuals in the other group of plaintiffs. Unless these individuals have formally formed some type of entity to make decisions in the case, Attorney represents individuals. Each individual decides for himself or herself whether he or she will settle.