20000177 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20000177

Rules: 4–1.7

Client-Lawyer Relationship

Conflict of Interest: Current Clients

Subject: Conflict of Interest - Current Client; Government Lawyers

Summary: prosecutor who handled criminal prosecution of a defendant who injured a county employee cannot handle litigation related to the subrogation of county employee's worker's compensation claim

QUESTION: Attorney is the elected prosecutor in a third class county. Attorney´s office has been presented with a police report regarding an accident in which a county employee was severely injured, through the alleged fault and criminal responsibility of another person. The injury occurred during the employee´s employment and is being handled as a workers compensation injury. The county/insurance carrier might have a subrogation right against the suspect to recover the workers compensation benefits paid. May Attorney´s office properly proceed with the prosecution of the alleged suspect in view of the potential subrogation claim?

ANSWER: Attorney does not have a conflict of interest that prohibits Attorney, or someone in Attorney´s office, from handling the prosecution of this matter. However, if Attorney´s office handles the prosecution, Attorney´s office may not handle the civil matter.

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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