20000161 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20000161

Rules: 4–1.11; 4–1.7

Client-Lawyer Relationship

Special Conflicts of Interest for Former and Current Government Officers and Employees

Subject: Conflict of Interest - Current Client; Government Lawyers; Screening

Summary: screening of prosecutor's office in probation revocation matter where assistant prosecutor represented defendant as public defender on underlying charge

QUESTION: X was charged with possession of a controlled substance over a year ago. At the time, Attorney was with the public defender’s office and Attorney represented X. X pled and received probation. Attorney left the public defender´s office earlier this year and began employment with a prosecuting attorney. A motion to revoke probation was filed on X. Attorney possessed no information about the new charges that resulted in the motion to revoke being filed. Does a conflict of interest exist, where Attorney is a member of the staff of the prosecutor’s office that is trying to revoke probation based on facts that occurred after Attorney left the public defender’s office?

ANSWER: If Attorney has been completely and effectively screened from this matter, except knowledge of the charges that are public record, the entire office does not have a conflict which requires a request for appointment of a special prosecutor. However, if Attorney has not been screened in that way, the office must request appointment of a special prosecutor.

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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