Could a lawyer be a partner in one firm and of counsel to another?

Plain-English summary

A lawyer asked whether partnership at one firm could coexist with an of-counsel relationship at another.

The opinion said that was possible. The conflicts of either firm would become conflicts of the other, and both firms had to disclose their relationship wherever they held themselves out to the public.

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: Were the firms’ conflicts separate?

A: No. The opinion said each firm’s conflicts became the other’s.

Q: What public disclosure was required?

A: Both firms had to disclose the relationship wherever they held themselves out.

Background and rules framework

The answer discussed cross-firm conflicts and disclosure without citing a numbered rule.

See also

• Missouri Informal Op. 990120: Shared Office

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/980143/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

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

QUESTION: May Attorney be a partner in one firm and be “Of Counsel” to another firm?

ANSWER: It is possible for Attorney to be “Of Counsel” to one firm and a partner in another. If Attorney has a relationship with more than one firm, the conflicts of each firm become the conflicts of the other. Also, it will be necessary for both firms to disclose the relationship with the other firm everywhere they hold themselves out to the public.