Question: Would lawyers in Attorney’s private firm in County B have a conflict of interest in criminal defense representations if Attorney is employed as a part-time prosecuting attorney in County A; the firm defends clients against criminal charges in County B; the firm defends no clients against criminal charges in County A; and Attorney will engage only in the civil practice of law for the firm?
Answer: This office gives no opinion as to whether Attorney’s association with the firm while Attorney is a part-time prosecuting attorney comports with applicable law, including any statute(s) prohibiting employment in criminal cases by prosecuting attorneys, nor is any opinion issued as to whether any disqualification at law for Attorney would be imputed by applicable law to other lawyers in the firm. If the proposed arrangement is unlawful, lawyers in the firm may not ethically participate. From the standpoint of the Rules of Professional Conduct, the disqualification of lawyers associated in the firm with Attorney under these circumstances is governed by Rule 4-1.11(e)(2). See also Rule 4-1.10(d). No lawyer in the firm can defend clients against criminal charges in County B unless Attorney is screened in the manner set forth in Rule 4-1.11(b). See also Rule 4-1.0(k). In addition, representation by firm lawyers of criminal defendants against charges in County B will constitute a material limitation conflict of interest for firm lawyers under Rule 4-1.7(a)(2). Firm lawyers may represent those clients notwithstanding the conflict only if the subparagraphs of Rule 4-1.7(b)(1-4) are met in each representation. Finally, specific facts in a particular representation could give rise to an additional conflict of interest that may or may not be consentable under Rule 4-1.7. See Rule 4-1.7, Comment [14].

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: https://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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