Informal Opinion Number: 950262

QUESTION: Attorney has been appointed as trustee for an inmate who is a defendant in a civil suit for damages. The role of the trustee is similar to that of a guardian ad litem. Attorney is now an assistant prosecutor in the office that prosecuted the defendant resulting in the defendant´s incarceration. May Attorney continue as trustee in the civil suit? ANSWER: It appears that Attorney has a conflict of interest and that Attorney should immediately seek to withdraw as trustee. Additionally, Attorney should be completely screened from the criminal case. If Attorney has already participated in the criminal case in any way, the prosecutor´s office will have to seek appointment of a special prosecutor, unless the criminal defendant consents after full disclosure and advice from counsel. If such consent is obtained, Attorney should make it a part of the record in the criminal proceeding.

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/.

© Copyright 2025