Informal Opinion Number: 980004

QUESTION: Attorney represents a city through its insurance carrier in a tort claim. Attorney´s firm represents several businesses which are occasionally involved in condemnation cases against the city. Other members of Attorney´s firm represent criminal defendants in municipal violations. Is there a conflict of interest for Attorney if he represents the city on tort claims and other attorneys in the firm are in opposition to the city in non-tort matters such as criminal defense and condemnation? ANSWER: In the situation Attorney has described, Attorney has a conflict of interest under Rules 4-1.7(a) and 4-1.10.

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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