950004 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 950004

Rules: 1.11;1.9

Client-Lawyer Relationship

Successive Government and Private Employment

QUESTION: Attorney was an assistant public defender and is now an assistant prosecuting attorney. (1) May Attorney prosecute in cases which were pending in the public defender´s office while Attorney was employed there? (2) May attorney prosecute former clients who Attorney personally represented on unrelated matters? ANSWER: (1) Under Rule 4 dash–1.11, Attorney may not prosecute in these cases if Attorney personally and substantially participated in the case while Attorney was in the public defender´s office. Attorney would be considered to have personally and substantially participated if you were privy to confidential information regarding the case. (2) This question is governed by Rule 4 dash–1.9(b). Attorney may not prosecute if Attorney obtained information in the course of previous representation of the defendant that could be used to the defendant´s disadvantage in the current matter.

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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