The Missouri Bar
Professionalism
Informal Advisory Opinions

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Former Judge or Arbitrator
Opinion Number: 990076 - Rule Number: 1.12
QUESTION: Attorney is a former Associate Circuit Judge who is now in private practice. While still a judge, Attorney entered an order in a dissolution matter awarding visitation to one of the parents. This parent has now asked Attorney for representation in seeking enforcement of the visitation order. May Attorney represent this parent? ANSWER: Under the circumstances Attorney has described, Attorney would be prohibited from representing the parent under Rule 4-1.12.

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Former Judge or Arbitrator
Opinion Number: 950119 - Rule Number: 1.12
QUESTION: Attorney is a former judge. (1) Attorney served as a judge in an uncontested matter relating to child support. Now one party wants to hire Attorney in a proceeding to enforce the order. (2) Attorney served as a judge in a default dissolution. Now one party wants to hire Attorney for a motion to modify. (3) Attorney served as a judge in a Consent Order of Protection under the Adult Abuse Act. The parties were subsequently divorced without Attorney´s involvement. One party now wants to hire Attorney for a motion to modify. ANSWER: Under Rule 4-1.12 Attorney may not represent either party in any of the situations described unless both parties consent after disclosure.

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Former Judge or Arbitrator
Opinion Number: 950107 - Rule Number: 1.12
QUESTION: Attorney is a former judge. Attorney presents several situations. Situation 1: While a judge, Attorney signed letters of administration. Subsequently, the estate became contested and Attorney has now been asked to represent a party. Situation 2: While a judge, Attorney entered a divorce decree. One of the parties to the divorce has asked Attorney for representation in an action to modify the decree. Does Attorney have a conflict of interest in these situations? ANSWER: Yes, in each of the situations described, Attorney is prohibited by Rule 4-1.12 from undertaking the representation unless all parties consent after disclosure.