Informal Opinion Number: 950082

QUESTION: Attorney recently became a member of the city council. Attorney´s firm handles personal injury cases arising within the city, some of which require the testimony of city police. The firm is handling a case in which the city is a defendant. The firm also represents defendants in the city´s municipal court. May the firm continue in these cases? Could the fees from these cases be segregated? If the firm dissolves, can a former member, no longer associated with Attorney, handle the cases? ANSWER: As a general rule, Attorney´s firm may handle cases in which city police officers will be witnesses. However, if some other aspect of the police officer´s role in the situation arises, the answer could change. Attorney´s firm may not handle a case in which the city is an adverse party. Attorney´s firm may not represent defendants in municipal court. Screening or segregation of funds is not a solution to these conflict situations. If Attorney´s firm is dissolved, Attorney´s former partner may handle these types of cases and may continue to handle the cases that are currently pending as long as the partnership is dissolved reasonably quickly and Attorney receives no portion of the fee from these cases.

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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