Informal Opinion Number: 950150

QUESTION: Attorney would contract with a state agency which performs various types of functions including quasi-judicial functions. Attorney would be providing services that would not involve the hearing process. Attorney also has clients whose cases would be heard by the agency through the quasi-judicial hearing during the period of the contract. May Attorney represent these clients in the proceedings before the agency? ANSWER: This situation would involve a conflict of interest under Rule 4-1.7. If Attorney is under contract to provide services to the state agency, Attorney will not be able to represent anyone other than the state agency in proceedings before the agency. Attorney will also be prohibited from engaging in litigation opposing any state agency in other forums.

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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