Informal Opinion Number: 940016
Rules: 1.7(b)
Client-Lawyer Relationship
Conflict of Interest: General Rule
QUESTION: Attorney is a prosecuting attorney. As prosecutor, Attorney successfully prosecuted Defendant for DWI related to an auto accident. Attorney also has a private practice and has been asked to represent Plaintiff in a civil action against Defendant related to the same auto accident. ANSWER: This would be a conflict of interest under Rule 1.7(b). Because the state is one of Attorney´s client´s, consent to the conflict is not an option.
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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