Informal Opinion Number: 990037

QUESTION: Attorney has been appointed assistant prosecuting attorney for child support matters only. Attorney does not share offices with the Prosecutor and Attorney does not have access to criminal files. The Prosecutor has also stated that if there is a conflict of interest, the Prosecutor will ask an attorney or prosecutor from a neighboring county to handle that case rather than Attorney. May Attorney do criminal defense work? ANSWER: Under the circumstances Attorney has described, Attorney´s position as an assistant prosecuting attorney will not cause a conflict which prohibits Attorney from representing any criminal defendants. Attorney should examine each case for actual conflicts before accepting representation.

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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