Informal Opinion Number: 960009

Rules: 1.7
Client-Lawyer Relationship
Conflict of Interest: General Rule

QUESTION: Attorney is an alderman for a city. Attorney does not serve as an attorney for the city. May Attorney represent defendants in municipal court of that city? May Attorney represent defendants in municipal court after Attorney´s term as alderman ends? ANSWER: As an alderman, it would be a conflict of interest for Attorney to represent defendants in the municipal court of the city for which Attorney is alderman. Once Attorney´s term ends and Attorney is no longer serving as alderman, Attorney will no longer have a conflict as a general matter. Of course it is possible that the unique facts of an individual situation may lead to a conflict in that situation.

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.

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