Informal Opinion Number: 980262

QUESTION: Attorney is the County Counselor, representing the county and all departments, officers, institutions and agencies. Attorney is also required to prosecute or defend all civil suits or actions in which the county or any county officer, commission or agency is a party. Attorney advised the county commission on a matter involving a county officer. The county officer has now filed suit against the county. Would it be a conflict of interest for Attorney to defend the county in the lawsuit since Attorney has represented the county officer in the officer´s official capacity in various actions and rendered legal opinions to the officer from time to time?
ANSWER: Based solely on the information Attorney has provided, it would not be a conflict of interest for Attorney to defend the commission in this case. However, if Attorney provided the county official advice or counsel related to this issue, the answer could change.

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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