Informal Opinion Number: 950176

QUESTION: A member of the firm is the city attorney but not the city prosecutor. May other members of the firm represent defendants in municipal court? ANSWER: The members of the firm may not represent defendants in municipal court in the municipality in which a firm member is the city attorney. If a member of the firm is the city attorney, the city is a client of a member of the firm. By representing defendants in the city´s municipal court, members of the firm would be representing clients (municipal defendants) directly adverse to the interests of another client (the city) in violation of Rule 4-1.7(a).

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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