Informal Opinion Number: 970231

MODIFIED QUESTION: Attorney is a part time prosecutor for a third class county. Is it a conflict for Attorney to represent individuals in municipal traffic matters outside of the home county? Would it be a conflict for Attorney to represent individuals before the County Planning and Zoning Board since they have a private attorney? ANSWER: In the first situation, Attorney would not have a conflict of interest, as long as law enforcement officers from the county where Attorney is prosecutor were not involved. Additional facts related to a specific situation could change this conclusion. This opinion relates only to the Rules of Professional Conduct and does not address any statutory restrictions on a prosecutor´s practice. In light of the fact that Attorney is the attorney for the County Commission, it would be a conflict of interest for Attorney to represent a client before the County Planning and Zoning Board.

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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