Informal Opinion Number: 950160

QUESTION: Attorney is a part time prosecutor for County A. Attorney asks whether, under the Rules, Attorney may engage in the following types of activity: 1) criminal defense work in federal court; 2) criminal defense work in Missouri courts in a different county; 3) municipal court work within County A or in different counties; 4) representation of other counties as a special prosecutor for compensation; and 5) termination of parental rights cases in County A or in different counties. Do the answers also apply to other members of Attorney´s private firm? ANSWER: 1) Yes. However, Attorney may not represent a criminal defendant in federal court if the criminal conduct occurred in County A or if County A law enforcement personnel are involved in the investigation or prosecution of the federal case. 2) No. 3) Attorney may not do defense work in municipal court in County A. Attorney may do defense work in municipal court in other Missouri counties as long as County A law enforcement personnel are not involved in the investigation or prosecution of the municipal case. 4) Yes. 5) Yes, if Attorney is representing the Juvenile Officer. No, if Attorney is not representing the Juvenile Officer and the basis for the termination arises from conduct within County A or if County A law enforcement personnel are involved in the investigation or prosecution of the case. The answers to these questions all apply equally to other members of Attorney´s private firm. If Attorney undertakes representation of a criminal defendant in the situations which this opinion identifies as permissible, Attorney has an obligation to fully inform the client of Attorney´s status as an assistant prosecuting attorney.

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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