Informal Opinion Number: 20020038

Reference Note: Rule 4-1.11, Special Conflicts of Interest for Former and Current Government Officers and Employees, was amended effective July 1, 2007, and amended again effective January 1, 2013.  This opinion pre-dates those amendments. 

QUESTION: Attorney’s firm plans to hire an attorney who is currently contracted and serving as a special prosecuting attorney for civil and criminal child support enforcement in the county. The attorney does not have access to or involvement in any of the elected prosecuting attorney’s criminal non-child support case files. By contract, the attorney to be hired has the sole purpose to establish and enforce child support enforcement orders. The attorney would like to continue to work as the contract child support enforcement special prosecutor for another few months after the attorney is hired by Attorney’s firm. Attorney’s firm handles criminal defense in the county at issue. Attorney’s firm does not defend any child support enforcement cases and does not plan to do so in the future. If the attorney continues to practice as assistant prosecuting attorney for child support only, and if the elected prosecuting attorney continues to screen that attorney from any and all non-child support criminal files, may Attorney’s firm continue to handle criminal defense in the county at issue after the firm hires that attorney? Attorney’s firm is willing and able to inform all future criminal clients of the hired attorney’s relationship with the prosecutor’s office.
ANSWER: Attorney’s firm may continue to defend criminal cases, other than child support, after the new attorney joins Attorney’s firm, if the arrangement between the prosecutor and the new attorney follows the procedures set forth in Conflict of Interest Opinions 62 and 122 in the Missouri Advisory Committee Opinions deskbook. In addition, Attorney must give full disclosure and obtain written consent from any client whom the firm will defend in a criminal case. This requirement is consistent with State v. Ross, 829 S.W. 2d 948 (Mo. banc 1992).

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.

To request an Informal Opinion, please visit: http://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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