In 1988 through 1991, Atty. Roger G. Merry, Monroe, represented a client and the client's wife in various matters, including custody disputes with the wife's former husband and the client's subsequent adoption of his wife's children from the prior marriage.

The client and his wife subsequently divorced, and in 1995, the now-former client filed a post-divorce motion seeking primary placement of the children and adjustments to child support. Merry undertook representation of the former client's ex-wife in defense of these motions.

Upon receiving notice of Merry's representation of his ex-wife, the former client immediately sent a certified letter to Merry stating his objections to the representation. Merry refused to step down, and subsequently also undertook representation of the ex-wife regarding a CHIPS petition involving the children. The former client eventually brought a motion asking the court to remove Merry from the case, and over seven months after the Merry's representation of the ex-wife began, the court ordered Merry to step down as the ex-wife's attorney due to a conflict of interest.

The Board concluded that by representing the ex-wife of a former client in a custody and child support dispute that was adverse to his former client, after Merry had previously represented that former client in related matters, including adoption of the same children, Atty. Merry undertook representation in a matter that was substantially related to his prior representation of a client without the former client's written consent, contrary to SCR 20:1.9(a).

In aggravation, Atty. Merry has previously received two prior reprimands, one private and one public, involving other conflict of interest situations. Merry has also received another private reprimand for other misconduct. In accordance with SCR 21.09(2), therefore, the Board of Attorneys Professional Responsibility does hereby publicly reprimand Atty. Roger G. Merry for his violation of SCR 20:1.9(a).