Informal Opinion Number: 970204

QUESTION: Attorney is the city counselor for a small municipality. A former city employee has threatened litigation, through the employee´s attorney, against the city, the mayor and individual aldermen. Attorney believes that some of the individuals will claim that others involved are responsible. Attorney also believes that Attorney could represent the municipality, if the insurance carrier does not provide a defense. However, Attorney does not believe that Attorney could represent any or all of the individuals in this litigation. Is this correct? ANSWER: Based solely on the information Attorney has provided, Attorney is correct in Attorney´s understanding that Attorney may represent the municipality, but may not represent any of the individuals. However, if any of the individuals believe that they provided confidential information to Attorney, as individuals, or that Attorney offered them advice, as individuals, then Attorney may also be disqualified from representing the municipality.

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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