Informal Opinion Number: 960120

QUESTION: Attorney will be joining a prosecutor´s office in several months. Attorney´s current practice includes criminal defense. May Attorney take on new cases that are likely to be resolved before Attorney joins the prosecutor´s office? May Attorney continue and complete cases in which Attorney was involved prior to accepting the position in the prosecutor´s office? ANSWER: Attorney may handle criminal cases against the prosecutor´s office Attorney will be joining if Attorney´s client consents after full disclosure. Attorney should document the disclosure and consent in Attorney´s file or on the record. This includes criminal cases in which Attorney already represents the defendant as well as new cases Attorney accepts. Of course, Attorney must have withdrawn from all pending state criminal cases, prior to beginning Attorney´s duties as an assistant prosecutor. Attorney may not take part in the prosecution of any case in which Attorney participated as a defense counsel.

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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