Informal Opinion Number: 950049

QUESTION: Attorney´s firm has been retained as special counsel for a county. May the firm represent criminal defendants in circuit court in that county? May the firm continue to represent a client in a zoning matter against the county? Would the answer change if the firm were retained as general counsel for all matters? ANSWER: This opinion is based on the assumption that “special counsel” means that the firm was retained to represent the county on an individual case or cases and does not reflect an ongoing relationship with the county otherwise. As “special counsel” the firm does not have a conflict of interest in representing criminal defendants or the zoning client. If the firm were general counsel for all matters it would have to withdraw from the zoning case. More information would be needed to answer the question about criminal defendants.

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

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