Informal Opinion Number: 20000003

QUESTION: Attorney is the city attorney. There was an automobile accident several years ago and the city police investigated that accident. No ticket was issued in either city court or state court. Attorney was unaware of the incident until Attorney received a request from the attorney representing the defendant asking for assistance in jury selection. Attorney would not be involved in questioning any of the witnesses during the trial. Does Attorney have a conflict?
ANSWER: Based on the location of the accident and the involvement of the city police, Attorney has a conflict of interest such that Attorney should not participate in the civil trial on behalf of either party.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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