20030025 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20030025

Rules: 4–1.7; 4–1.11

Client-Lawyer Relationship

Conflict of Interest: Current Clients; Special Conflicts of Interest for Former and Current Government Officers and Employees

Subject: Conflict of Interest - Current Client; Government Lawyers

Summary: special prosecutor's ability to represent criminal defendants

QUESTION: Attorney is asked by City to serve as a “special prosecutor” for municipal cases when the regular municipal prosecutor has to be conflicted out. If Attorney does this on an occasional basis, does this preclude Attorney from representing other defendants on municipal charges?

ANSWER: If Attorney is appointed as “special prosecutor” on a case by case basis and does not have an ongoing relationship with the city, other than possible future appointments, Attorney would not be precluded from representing other defendants on municipal charges. However, Attorney must only be appointed as “special prosecutor” in proper situations. Attorney cannot be on contract nor have an ongoing relationship with the city.

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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