QUESTION: Attorney's firm represents a client in a child custody dispute. Law firm hired a new associate who was employed by the law firm of the opposing party in the custody case. The associate had access to and performed a limited amount of work on the file while employed by the opposing firm. Attorney's firm erected an "ethical wall," screening the associate from the custody case. Does Attorney's firm have a conflict even with the "ethical wall" that has been erected?

ANSWER: As a result of hiring the new associate, Attorney's firm has a conflict. Although the erection of an ethical wall can help to persuade the former client to waive a conflict, it is not a means of eliminating a conflict under Missouri Rules 4-1.10. Therefore, Attorney's firm must withdraw from the case unless the opposing party, as the new associate's former client, consents.

QUESTION: Attorney X shares an office with nine other attorneys. Their letterhead indicates they are a firm and a PC, but they are independent contractors sharing rent and common expenses. They maintain separate files, billing, computer systems, and phone messaging. Client A, injured in a serious automobile accident, came to see Attorney. Liability in the accident is not an issue. Attorney X sent out a lien letter and requested various medical documentation. Attorney Y, another of the attorneys in the office, was contacted by Client B for representation in connection with the same accident. May Attorney X continue to represent Client A if full disclosure of the potential conflict is made to all parties and neither party objects?

ANSWER: Because they hold themselves out as a firm and formed a PC for the firm, they will be treated as a firm for ethical and, most likely, malpractice purposes. As a single firm, Rule 4-1.10 applies, and it is essential the firm have an adequate system to screen for conflicts. This situation presents conflicts, even though there is no litigation, yet. The conflicts are waivable if both clients consent and the representation of both will not interfere with the representation of either.

QUESTION: An attorney recently joined the Attorney's Firm. The attorney was previously employed at another firm which is opposing counsel in a number of cases. If the new attorney did not participate in a case at the other firm, does Attorney's Firm have a conflict in that case? What if the new attorney is screened?

ANSWER: Rule 4-4.10 states, in part:

(b) When a lawyer becomes associated with a firm, the firm may not knowingly represent a person in the same or a substantially related matter in which that lawyer, or a firm with which the lawyer was associated, had previously represented a client whose interests are materially adverse to that person and about whom the lawyer had acquired information protected by Rules 1.6 and 1.9(b) that is material to the matter.

The Comment states, in part:

Paragraphs (b) and (c) operate to disqualify the firm only when the lawyer involved has actual knowledge of information protected by Rules 1.6 and 1.9(b). Thus, if a lawyer while with one firm acquired no knowledge of information relating to a particular client of the firm, and that lawyer later joined another firm, neither the lawyer individually nor the second firm is disqualified from representing another client in the same or a related matter even though the interests of the two clients conflict.

Independent of the question of disqualification of a firm, a lawyer changing professional association has a continuing duty to preserve confidentiality of information about a client formerly represented. See Rules 1.6 and 1.9.

Attorney has indicated that the attorney who was formerly with the other firm was not the attorney in the case and did not participate in the work up of the case for the defense. That information does not quite cover the necessary inquiry. The question is whether the attorney acquired any confidential information regarding the matter while the attorney was with the other firm. This could be information acquired by conferring on an issue related to the case, through informal conversation within the firm, etc. If the attorney acquired such information, Attorney's Firm is has a conflict and is disqualified, unless the attorney's former client and Attorney's Firm's client consent, after consultation. Screening the attorney within Attorney's Firm is not a means by which disqualification can be avoided. However, screening may help to persuade the former client to waive the conflict.

QUESTION: Attorney's firm is considering hiring Lawyer, who is working for another firm, Firm A. Lawyer, while working for Firm A, defended Y in a lawsuit that concluded approximately two years ago. Lawyer is considering leaving Firm A and joining Attorney's firm, which serves as local counsel for a plaintiff in a case against Y that raises issues almost identical to those in the previous lawsuit. Even though Firm A is defending Y in the new matter, Lawyer has neither appeared in nor worked on the new matter. Lawyer would not work on the new matter at Attorney's firm and intends to avoid all contact with the new matter. Attorney's firm would similarly avoid allowing Lawyer any involvement in the new matter by screening. May Lawyer join Attorney's firm, and if so, under what conditions? ANSWER: The rules do not prohibit Lawyer from joining Attorney's firm. However, it is possible that Attorney's firm will have a conflict that requires it to withdraw from the new matter, once Lawyer is a part of Attorney's firm. If the issues are "almost identical" there is a substantial likelihood that the new matter would be considered a "substantially related" matter, as that phrase is used in Rule 4-1.9(a). It is also possible that Lawyer obtained information in the course of Firm A's representation of Y in the previous lawsuit or the new matter that could be used to Y's detriment in the new matter. Under those circumstances, Lawyer would have a conflict under Rule 4-1.9(b). If Lawyer has a conflict under Rule 4-1.9(a) or (b), Attorney's firm has a conflict under Rule 4-1.10. Screening is not a method by which that conflict can be avoided. However, as a practical matter, giving an assurance of screening may help Attorney to obtain consent to Attorney's firm's continued representation from Y. Based upon the available information, this office cannot make a definite statement about whether Lawyer has a conflict. If we receive a complaint, we will investigate to determine the facts independently. This opinion does not affect the authority of a judge to rule on a motion to disqualify.

QUESTION: Attorney X has joined Attorney Y's firm as a principal. Attorney X previously represented a plaintiff in a personal injury action. Attorney Y was counsel of record for the defendant in the same action. The case was voluntarily dismissed by the plaintiffs without prejudice. Attorney X then referred the case to a new attorney and that attorney refiled the action. Attorney Y is currently representing the defendant. Is Attorney Y precluded from continuing to represent the defendants in the refiled action? ANSWER: Attorney Y has a conflict under Rules 4-1.9 and 4-1.10, that prohibits Attorney Y from continuing to represent the defendant in this matter, unless the plaintiff consents.

QUESTION: Attorney represents Child, who is a minor, in a personal injury matter. Mother signed Child's personal injury contract as guardian and guarantor. The personal injury matter has not been settled. Attorney's firm has now been approached by Husband of Mother, who is not the father of Child, regarding representation for a divorce from Mother. Attorney's firm would use different attorneys for the two different matters. May Attorney's firm represent Husband in his divorce without conflict? ANSWER: The situation Attorney has described creates a conflict of interest under Rules 4-1.7 and 4-1.10. Child's interests will be adversely affected if representation of Husband damages the firm's working relationship with Mother. This conflict could be waived if consent is obtained from Mother and Husband, after full disclosure. It will be necessary to obtain consent from Husband to disclose the situation to Mother before Attorney can make the disclosure necessary to obtain consent.

QUESTION: Attorney serves as an assistant prosecuting attorney. Attorney´s duties are limited to those concerning either civil or criminal child support issues. There is another assistant prosecutor, but that attorney does not handle any of the office´s child support cases. The other assistant prosecutor served as GAL in a paternity case several years ago and the judgment also includes an order pertaining to custody and support of the child. Attorney has now received a referral requesting enforcement of that order with regards to child support. Attorney has not taken any action in the matter. Does a conflict exist for Attorney´s office because the other assistant prosecutor once served as GAL for the child? ANSWER: As long as the other assistant prosecuting attorney is screened from contact with or participation in this matter, the prosecutor´s office, as a whole, does not have a conflict.

QUESTION: Attorney is an associate with Firm A. Attorney has done very little workers" compensation work for Firm A. The work that has been done has been research for partners of Firm A and Attorney has appeared at one deposition. Attorney is considering leaving Firm A and joining Firm B. The bulk of Firm B´s workload is workers" compensation cases. Attorney feels that if Attorney joins Firm B, Attorney would inevitably be working on files that were being defended by Firm A. Question 1. If Attorney has not personally had any contact at Firm A with the file, would it be a conflict for Attorney to work on that case at Firm B? Question 2. If Attorney has not personally had any contact at Firm A with a file, is there any possibility that after Attorney is employed by Firm B, Firm B would be disqualified from continuing to represent a claimant when the claim is being defended by Firm A? ANSWER: If Attorney joins Firm B, under Rule 4-1.10, Firm B will have a conflict of interest regarding any matter in which Attorney participated while at Firm A or about which Attorney was privy to confidential information. Confidential information includes all information obtained in the course of representation, from any source. Attorney would have a conflict, and therefore Firm B would have a conflict, if Attorney obtained information formally or informally through casual conversation, conferences, firm meetings, etc. This opinion does not, in any way, affect the ability of the tribunal to rule on a motion to disqualify.

QUESTION: Attorney´s firm has interviewed a legal assistant for a position at the firm. The legal assistant is currently working for an attorney who represents a co-defendant in a case Attorney´s firm is handling. If hired, the legal assistant would not be assigned to the case and Attorney would inform all attorneys and staff members associated with the case not to discuss any aspect with the new legal assistant. Would there be any potential conflicts or ethical violations? ANSWER: The legal assistant must be completely screened from all contact with or access to the case involving the co-defendant. If the legal assistant is effectively screened, it will not be necessary for Attorney´s firm to withdraw. 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.

QUESTION: Attorney´s firm has taken on a new partner, who was formerly with another local firm. Attorney´s firm recently became aware that the new partner´s previous firm is on the opposing side in a modification case. The new partner was not the attorney of record and has no knowledge of the particular case in question. The opposing firm is now raising conflict of interest. Does Attorney´s firm have to remove themselves from the case? ANSWER: Based solely on the information Attorney has provided, it does not appear that this situation involves a conflict of interest under Rules 4-1.9 and 4-1.10. This opinion is based on the understanding that Attorney´s new partner did not obtain any confidential information related to this matter while the new partner was at the former firm. This would include information obtained at firm meetings and through informal conversation.

QUESTION: Attorney´s firm is a general defense firm, which represents defendant X in a medical negligence case. The firm recently hired an associate, who has not yet come to work. The associate is currently working with a plaintiff´s firm and is the primary associate representing the plaintiffs in the medical malpractice case against defendant X. Attorney´s firm intends to completely screen the case when the associate arrives at the firm. May Attorney´s firm continue to represent the defendant in the medical negligence case? ANSWER: Under Rules 4-1.10 and 4-1.9(a), Attorney´s firm has a conflict of interest in the case once the associate becomes associated with Attorney´s firm. Screening is not an option to avoid the conflict. The conflict would be waivable by the plaintiff and, perhaps, Attorney´s offer of screening will persuade the plaintiff to waive the conflict. Otherwise, it will be necessary for Attorney´s firm to withdraw from the case before the associate begins employment.

QUESTION: Attorney represents a client in a lawsuit against the Estate of X arising out of the non-payment of a promissory note. After Attorney filed the Petition, Attorney changed law firms. The new firm once represented X. The firm ceased representation of X over a year prior to Attorney´s employment there. Attorney does not believe that any information was learned in representing X that would involve the current suit. Attorney has informed the attorney representing the Public Administrator of the potential conflict. Is this a conflict? ANSWER: Under Rule 4-1.9(b) Attorney must determine whether the firm obtained confidential information in the course of the previous representation that could be used to X´s detriment in the current case. Confidentiality under Rule 4-1.6 is much broader than the attorney-client privilege which is a statutory evidentiary rule. Any information which came into the possession of any member of the firm as a result of the previous representation would be included under the ambit of confidential information. Based on the information Attorney has provided, it does not appear that there is a conflict under Rule 1.9. This opinion does not, in any way, affect the ability of the court to rule on a motion to disqualify.

QUESTION: Attorney is a public defender. Attorney´s office represented a client in a stealing case. The client pled guilty and was placed on probation. Attorney´s office withdrew from representation of the victim once the individual was placed on probation on the stealing charge. That client is now a victim in an assault case. Attorney is now representing the defendant charged with assaulting the former client. Attorney has no knowledge of the former client other than the charge and sentence. Is it a conflict for Attorney to represent a client charged with assaulting the former client of another attorney in the same office? ANSWER: Based on the information Attorney has provided, Attorney does not have a conflict of interest. This opinion does not, in any way, affect the ability of the court to rule on a motion to disqualify.

QUESTION: Attorney represents a city through its insurance carrier in a tort claim. Attorney´s firm represents several businesses which are occasionally involved in condemnation cases against the city. Other members of Attorney´s firm represent criminal defendants in municipal violations. Is there a conflict of interest for Attorney if he represents the city on tort claims and other attorneys in the firm are in opposition to the city in non-tort matters such as criminal defense and condemnation? ANSWER: In the situation Attorney has described, Attorney has a conflict of interest under Rules 4-1.7(a) and 4-1.10.

QUESTION: Attorney has been asked to represent Wife in a dissolution matter. Husband was previously married and divorced and Attorney´s firm represented him in the dissolution matter over ten years ago. Attorney was not a member of the firm at that time and has no knowledge about the previous case. May Attorney represent Wife in the dissolution case with Husband? ANSWER: Under Rule 4-1.9(b), Attorney must determine whether any member of the firm obtained confidential information in the course of the previous representation of Husband that could be used to Husband´s detriment in the current case. Confidentiality under Rule 4-1.6 is much broader than the attorney-client privilege which is a statutory evidentiary rule. Any information which came into the possession of any member of the firm as a result of the previous representation would be included under the ambit of confidential information. If any detrimental confidential information was obtained, Attorney has a conflict of interest and Attorney may not represent Wife unless Husband consents.

QUESTION: Attorney A and Attorney B are shareholders and directors of a Professional Corporation. Attorney B is the Prosecuting Attorney, which is a part-time position. Attorney A is the Assistant Prosecuting Attorney. Attorney B considers possible criminal charges stemming from a collision. Attorney A is contacted by a client concerning the collision and they discuss a wrongful death action. Attorney B instructs the patrolman to issue a ticket on the collision. Attorney A agrees to represent the client in the wrongful death action. Later, Attorney A and Attorney B realize that they are both working on the case from different angles. What is the proper course of action at this time? ANSWER: In the circumstances described, it is necessary for Attorney A to withdraw from representation of the client. It is also necessary to seek the appointment of a special prosecutor regarding the potential criminal charges.

QUESTION: A member of Attorney´s firm formerly represented D in a contract action. Attorney is now representing P against D in a negligence case. Does Attorney have a conflict? ANSWER: Under Rule 4-1.9(b), Attorney must determine whether any member of the firm obtained confidential information in the course of the previous representation that could be used to D´s detriment in the current case. Confidentiality under Rule 4-1.6 is much broader than the attorney-client privilege which is a statutory evidentiary rule. Any information which came into the possession of any member of the firm as a result of the previous representation would be included under the ambit of confidential information. Attorney should review the file. Attorney may also want to ask opposing counsel in the current matter whether D is asserting that Attorney has a conflict under Rule 4-1.9(b) and, if so, what confidential information from the previous representation D believes triggers the rule.

QUESTION: Attorney is representing a plaintiff against a defendant who is insured by XYZ. Another member of Attorney´s firm is representing a defendant who is insured by XYZ in unrelated litigation. Is this a conflict? ANSWER: Attorney´s firm has a conflict of interest under Rules 4-1.7 and 4-1.10 which prevents it from handling matters on behalf of XYZ while Attorney is representing Attorney´s personal injury client against XYZ, or its interests. This conflict could be waived. It would be necessary to make full disclosure to Attorney´s personal injury client and XYZ. Each would have to expressly waive the conflict after full disclosure.

QUESTION: Attorney will be leaving the firm in a couple of months. Attorney will be taking a plaintiff´s case. Before Attorney leaves the firm, an attorney who is representing the defendant in that case is scheduled to join the firm. Does Attorney need to change the departure date to avoid a conflict? ANSWER: Under Rules 4-1.7(a) and 1.10, Attorney and the other attorney may not continue on opposite sides of the same case while they are in the same firm. The only way that Attorney can avoid this problem is by Attorney´s departure from the firm before the other attorney joins the firm.

QUESTION: A number of years ago, Attorney was in a firm that represented Client A in an alienation of affection case. Subsequently, Client A was divorced and Client A´s Ex Spouse has sought representation from Attorney regarding collection of amounts due under the decree. ANSWER: Attorney´s question is governed by Rule 4-1.9(b). If Attorney worked on the alienation case or if Attorney obtained information about the case through discussion or other means while Attorney was at Attorney´s former firm, and if Attorney´s former firm obtained information in the course of representing the Client A in the alienation case that could be used to Client A´s detriment in the current matter, Attorney has a conflict of interest. If Attorney determines that Attorney does not believe Attorney has a conflict under this rule and Attorney undertakes to represent Client A´s ex-spouse, Attorney may want to raise the issue with opposing counsel early on, if Attorney´s client consents. By raising the issue early in the proceedings, if Client A has a valid basis for believing that there is a conflict under this rule, Attorney´s client will be able to obtain other counsel before the case progresses too far.

QUESTION: Attorney is a prosecuting attorney who has hired a new assistant prosecutor. While the new assistant was in private practice the new assistant was involved in several matters which are still pending in the prosecutor´s office. Must Attorney withdraw or may Attorney stay in the case by screening the new assistant from these matters? If screening is used, must Attorney notify defense counsel of the measures taken? ANSWER: Attorney does not need to withdraw from any of the matters as long as Attorney effectively screens the new assistant from these matters. The rules do not require Attorney to disclose these measures to defense counsel unless the issue is raised, however it may be advisable to advise them before they raise the issue. This opinion does not, in any way, affect the ability of a court to rule on a motion to disqualify.

QUESTION: Attorney is a member of a firm that plans to organize as an LLP. However, the firm will not be a traditional partnership. Some expenses will be shared, profits and losses will not. May Attorneys hold themselves out as a partnership? ANSWER: If Attorney and the other attorneys form a valid limited liability partnership that complies with the LLP law, they may hold the partnership out as a partnership regardless of the details of the partnership agreement. Attorney should realize that forming Attorney´s firm as an LLP does not, in any way, limit the liability of individual members of the firm under the Rules of Professional Conduct. For example, Rule 4-1.10, which relates to imputed disqualification, would still apply. In other words, there is no limited ethical liability.

QUESTION: Attorney has an office sharing arrangement with another firm. Attorney´s description of the arrangement describes a true office sharing arrangement. A member of the other firm previously represented Clients A and B to obtain a guardianship. Clients A and B have had a falling out and Client A now wants Attorney´s representation in seeking to be the sole guardian. May Attorney do so? ANSWER: Based upon the information Attorney has provided, attorney does not have a conflict of interest under the Rules of Professional Conduct that would prohibit Attorney from representing Client A.

QUESTION: Several attorneys have formed a firm but they do not share profits. One member of the firm is a municipal judge. May other members of the firm represent clients in municipal zoning matters? ANSWER: No. Once the attorneys have formed a firm, the provisions of Rule 4-1.10 apply regardless of the internal financial arrangements. Therefore, the conflicts of each member of the firm are conflicts for all members of the firm.

QUESTION: Client A has asked Attorney for representation in a divorce. A firm for which Attorney worked at the time prepared the prenuptial agreement. May Attorney represent Client A? Can any conflicts be cured by waiver? ANSWER: Attorney has not indicated which party to the prenuptial agreement the former firm represented. Therefore, this is based on the assumption that it represented both parties. If Attorney obtained confidential information regarding the prenuptial agreement while Attorney was a member of the firm that prepared the agreement, Attorney has a conflict of interest under Rule 4-1.9 . However, if Attorney did not obtain such information, Attorney does not have a conflict of interest. Attorney should be aware that Attorney may have obtained confidential information by discussing the matter with other members of the firm despite complete lack of contact with the file or the clients. If a conflict of interest does exist, it may be waived. The former client should only be asked to waive the conflict after full disclosure and the opportunity and encouragement to obtain the advice of independent counsel.

QUESTION: Attorney represented W on a motion to modify. Attorney A represented H. Attorney and Attorney A now share office space and expenses but are not partners. W needs to file a motion for contempt against H. Attorney A will not represent H. ANSWER: If Attorney and Attorney A are truly only sharing office space and expenses, Attorney may represent W. In order for the relationship to be solely office sharing, confidentiality must be maintained so that employees of one attorney do not have access to the files and client information of the other attorney. To the extent that any employees are joint employees, they should be clearly instructed on the fact that the offices are separate and information about one attorney´s clients should not be shared with the other. The two practices should appear separate through signage and advertising. Although the space is shared, the overall arrangement should make the separateness of the practices clear. If the two practices are not kept separate as described, each should consider the conflicts of one to be the conflicts of both. Therefore, Attorney would not be able to represent W without the consent of H.

QUESTION: Attorney is a member of a firm. Attorney represents Company X in a workers compensation case. The worker in the workers compensation case claims to have called the firm to talk about a wrongful discharge case. The worker talked to another member of the firm who has never been involved in the workers compensation case. The worker claims to have discussed the workers compensation case with the other member of the firm. Does Attorney now have a conflict of interest? ANSWER: If the conversation which the worker described did occur, the firm has a conflict of interest under Rule 1.9(a) and must withdraw unless the worker consents. Screening is not an option for curing a conflict of interest in a private firm in Missouri. Therefore, the fact that the other member of the firm has had no direct involvement in the workers compensation case does not affect the existence of the conflict.

QUESTION: Attorney´s client is seeking representation in a motion to modify. One of Attorney´s partners previously represented the client´s ex-husband in an incorporation matter. May Attorney represent the current client in the motion to modify? ANSWER: Under Rule 4-1.9(b), Attorney must determine whether any member of the firm obtained confidential information in the course of the previous representation that could be used to the previous client´s detriment in the current case. Confidentiality under Rule 4-1.6 is much broader than the attorney-client privilege which is a statutory evidentiary rule. Any information which came into the possession of any member of the firm as a result of the previous representation would be included under the ambit of confidential information.

QUESTION: A member of Attorney´s firm is now a prosecuting attorney. Attorney will be appointed as an assistant prosecuting attorney or as a special assistant prosecutor on specific cases. May Attorney continue representing criminal defendants whom Attorney has represented from the onset and whose cases are coming to an end? ANSWER: If Attorney is an assistant prosecuting attorney, under Rule 4-1.7(a) Attorney may not continue to represent any criminal defendants in state court. Attorney is also prohibited from such representation, under Rule 4-1.10, if the prosecuting attorney is still a member of Attorney´s firm. If Attorney is a special prosecutor appointed on individual cases in which there is a need for a special prosecutor and the prosecuting attorney is not a member of Attorney´s firm, Attorney may represent criminal defendants in other cases, including cases in the same county.

QUESTION: Two attorneys who are in separate firms will form a firm. They currently have cases against each other. Attorney A is a guardian ad litem in a case which the other attorney had to decline due to a conflict. Other members of Attorney A´s firm have cases against Attorney B. What must the attorneys do regarding these cases. ANSWER: In all of the pending cases, both attorneys must withdraw unless both clients consent to one continuing as counsel for one party. The rules do not permit the attorneys to obtain consent for both to remain in the case once they are both in the same firm. Attorney A will have to withdraw as guardian ad litem once the firm is formed. Under Rule 4-1.10, the conflict of one is the conflict of both. It will not be necessary for Attorney B to withdraw from cases in which another member of Attorney A´s current firm represents the opposing party unless Attorney A gained confidential information related to the representation while Attorney A was in the current firm.

QUESTION: Attorney represents Client A on a traffic ticket and Client B on a personal injury matter. Attorney now learns that the two matters arise out of the same facts. If A and B consent after full disclosure, may Attorney continue to represent both? At this point no suit has been filed and Attorney has been negotiating settlement with the insurance company. ANSWER: If A and B consent after full disclosure, Attorney may continue to represent both. However, if it becomes necessary to file a suit in which one client is the plaintiff and the other is the defendant, Attorney must withdraw from representing both unless both consent to Attorney continuing to represent only one.

QUESTION: Attorney is city counselor. May members of Attorney´s firm handle the defense of municipal ordinance violations? Is screening a solution? ANSWER: No, it would involve a conflict of interest under Rule 1.7(a). Screening is not a solution because screening is only allowed under the rules in a situation involving successive government and private employment.

QUESTION: A legal aid office asks two questions regarding domestic relations cases. (1) If one party seeks representation but is denied for some reason and the second party subsequently seeks representation, may the legal aid office provide representation through a staff attorney or contract attorney? (2) If both parties apply for representation at approximately the same time, may the committee that reviews applications consider both and accept one but reject the other? ANSWER: In either situation, the office may offer representation to the qualifying party only if a contract attorney who has no access to the intake information of the other party is assigned.

QUESTION: Husband (H) and Wife (W) are attorneys in separate firms. H asks whether the hiring of one precludes or impacts the hiring of the other. ANSWER: Under Rule 4-1.8(i), H will not be able to take a case in which W represents an adverse party unless H´s potential client consents after full disclosure. As indicated in the comment, this conflict will not disqualify other members of H´s firm under Rule 4-1.10. However, another member of the firm who takes a case in which W is representing an adverse party should disclose this fact to the client.

QUESTION: One member of the firm is a part time municipal judge. Another member has a case in which the city is a defendant. Is this a conflict? Can it be waived? ANSWER: Yes, it is a conflict and the member must withdraw from the case. As a governmental entity, the city cannot waive the conflict.

QUESTION: Attorney is a member of one firm and will be "of counsel" to another firm. The two firms share office space and some equipment, otherwise they are separate. Does this violate the Rules of Professional Conduct? ANSWER: In order to avoid violating Rule 4-7.1 attorney would need to identify both firms with which the attorney is connected on each firm´s letterhead and other forms of communication to the public and other law firms. The two firms will be considered as one for conflicts purposes.

QUESTION: Attorney will become prosecuting attorney. What impact will that have on pending civil cases? What impact on future civil cases involving automobile accidents? Attorney is currently working with another attorney in a firm. After Attorney becomes prosecutor, may Attorney work with the other attorney on civil cases on a case by case basis without disqualifying the other attorney from defending criminal cases in Missouri? ANSWER: Attorney may continue in pending civil cases unless some aspect of the factual situations from which those cases arise was considered by that prosecuting attorney´s office. After becoming prosecuting attorney, Attorney may represent parties in auto accident cases which occur in other counties and other states as long as nothing related to those cases is considered by Attorney´s prosecutor´s office. If Attorney maintains a separate office from the other Attorney and is occasionally co-counsel on individual cases, it will not affect Attorney´s ability to represent criminal defendants. However, if there is an ongoing relationship or the appearance of an ongoing relationship, the other attorney would be disqualified from handling any criminal defendants in Missouri as well as any other case from which prosecuting attorney would be disqualified.

QUESTION: Attorney A and Attorney B share office space. Attorney A represents clients in an adoption. Attorney B was appointed GAL when A and B did not share offices. Attorney A and B ran a joint advertisement with a general heading "law offices" and their joint address. Their individual names and phone numbers also appeared. Is it a conflict for B to be the GAL? ANSWER: Yes, the advertisement implies a relationship between the attorneys. Therefore, A and B will be treated as a firm for conflict of interest purposes, including imputed disqualification.

QUESTION: (1) May a law student who works part time on cases for the prosecuting attorney´s office under an assistant prosecuting attorney also work for a private law firm which handles criminal cases? (2) Would screening be a solution? ANSWER: The answer to both questions is no.

QUESTION: Wife and Husband 1 had Child A. After divorce, Wife had custody of Child A. Wife remarried and Attorney´s firm represented Wife in case involving custody of Child B. May attorney now represent Husband 1 in custody case involving Child A? ANSWER: No, unless Wife gives a knowing and intelligent waiver of the conflict.

QUESTION: Child A held durable power of attorney for parents and was personal representative of father´s estate. Child B was concerned about Child A´s actions and sued for an accounting. Mother later joined in suit. Mother later changed attitude toward Child A. Mother has now sued Child B for an accounting. May a member of the firm which represented Mother and Child B against Child A now defend Child B in the suit by Mother? ANSWER: No.