Informal Opinion Number: 970068

QUESTION: Attorney is a part time municipal judge. May members of Attorney´s firm represent defendants in municipal court if Attorney recuses on those cases? ANSWER: It would be a conflict for any member of Attorney´s firm to oppose the city in municipal court matters while Attorney is Municipal Judge for the city. This opinion only relates to the Rules of Professional Conduct for attorneys. Attorney would need to contact the judicial commission for an opinion related to the Code of Judicial Conduct.

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/.

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