Informal Opinion Number: 970125

QUESTION: Attorney is a contract attorney for the county prosecutor´s office. By contract, Attorney´s sole purpose is to establish and enforce child support enforcement orders. Attorney is not an employee of the county, but does have identification that states that Attorney is an assistant prosecutor. Attorney also is involved in private practice, limited to civil matters only. A personal injury client of Attorney´s was recently charged with a felony. Attorney has no plans to discuss the matter with the prosecutor. Attorney referred the client to a criminal attorney. Does Attorney have a conflict which would require Attorney to withdraw from the client´s personal injury case? ANSWER: Consistent with previous opinions, the situation Attorney has described does not create a conflict of interest under Rule 4-1.7(a) in light of the specific nature of Attorney´s arrangement with the prosecutor´s office. Attorney does have an obligation to inform Attorney´s client of Attorney´s relationship with the prosecutor´s office.

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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