Informal Opinion Number: 20000200

QUESTION: Attorney is a prosecutor for County A and is also the part time prosecutor for a municipality. It is Attorney’s understanding that it is not a conflict for Attorney to defend clients on municipal matters as a county prosecutor, but it is a conflict as a part time municipal prosecutor to defend clients in other municipalities. Is that correct?
ANSWER: In relation to Attorney’s role as a county prosecutor, Attorney would not have a conflict of interest defending municipal cases in other counties, as long as law enforcement officers from County A were not involved. Attorney would have a conflict of interest that would prohibit Attorney from defending any municipal case in County A. In relation to Attorney’s role as a part-time municipal prosecutor, Attorney may defend municipal cases in other municipalities, as long as law enforcement officers from the municipality, in which Attorney is a prosecutor, were not involved. Additional facts related to a specific situation could change the conclusion on these matters. This opinion relates only to the Rules of Professional Conduct and does not address any statutory restrictions on a prosecutor’s practice.

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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