940089 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 940089

Rules: 1.7(b)

Client-Lawyer Relationship

Conflict of Interest: General Rule

QUESTION: Attorney is an assistant public defender. Attorney represented a defendant on one criminal charge. Another charge was brought against the same defendant before the defendant went to trial on the first charge. Attorney represented the defendant in both cases. One case went to trial first and the defendant was convicted. The defendant has now filed a 29.15 Motion alleging ineffective assistance of counsel. Must Attorney withdraw from representation of the defendant in the second case? If Attorney must withdraw, may the defendant be represented out of another office of the public defender system? ANSWER: Yes, Attorney has a conflict. Attorney must seek to withdraw unless the client consents after full disclosure and advice from an independent attorney. If Attorney does withdraw, the defendant may be represented out of another office of the public defender system.

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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