Informal Opinion Number: 960175

QUESTION: Attorney is a prosecutor and also advises the sheriff´s department. (1) If the prosecutor´s office receives a notice from the public defender´s office indicating that they represent a particular defendant and that the defendant does not want to talk to anyone about matters regarding this case or any other matters that arise, does the prosecutor´s office have a duty to notify the police from the various jurisdictions not to contact or interview the inmate on this case or on matters unrelated to the pending case? (2) The sheriff´s department wishes to have a policy of refusing to allow the public defender to file such a letter in the inmate´s file and to allow police officers access to inmates to interview them on matters other than the matter in which they are represented by the public defender. May Attorney advise them to proceed with this policy? ANSWER: (1) Under Rules 4-3.8 and 4-8.4(d), Attorney has a duty to use Attorney´s best efforts to keep the police officers from contacting or interviewing an inmate or any defendant about any matter on which the person is represented. If there are unrelated matters on which the person is not represented by counsel, Attorney is not required to attempt to prevent law enforcement from contacting or interviewing the person about those matters. (2) If placing such a letter or other notice in an inmate´s file is necessary to prevent improper conduct with a represented person, Attorney should use Attorney´s best efforts to have such letters or notices placed in the file. Attorney is not required to advise the sheriff to prevent police officers from contacting or interviewing inmates on unrelated matters on which they are not represented by counsel. This opinion does not address the underlying legal question of whether the person is represented by counsel in a given 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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