950229 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 950229

Rules: 1.7

Client-Lawyer Relationship

Conflict of Interest: General Rule

QUESTION: A criminal defense attorney represents several clients who are incarcerated in the same facility. Attorney formerly represented Client A. Several of Attorney´s other clients have contacted Attorney about making a deal in exchange for testimony against Client A based on Client A´s statements while incarcerated. Must Attorney withdraw from representing the clients who want to testify against Client A? ANSWER: Yes.

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/.