Informal Opinion Number: 970220

Rules: 1.7(b);1.10
Client-Lawyer Relationship
Conflict of Interest: General Rule

QUESTION: Attorney A and Attorney B are shareholders and directors of a Professional Corporation. Attorney B is the Prosecuting Attorney, which is a part-time position. Attorney A is the Assistant Prosecuting Attorney. Attorney B considers possible criminal charges stemming from a collision. Attorney A is contacted by a client concerning the collision and they discuss a wrongful death action. Attorney B instructs the patrolman to issue a ticket on the collision. Attorney A agrees to represent the client in the wrongful death action. Later, Attorney A and Attorney B realize that they are both working on the case from different angles. What is the proper course of action at this time? ANSWER: In the circumstances described, it is necessary for Attorney A to withdraw from representation of the client. It is also necessary to seek the appointment of a special prosecutor regarding the potential criminal charges.

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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