Informal Opinion Number: 990054
Rules: 4 dash–1.11; 4 dash–1.9
Client-Lawyer Relationship
Special Conflicts of Interest for Former and Current Government Officers and Employees
Duties to Former Clients
Duties to Former Clients
Subject: Conflict of Interest - Former Client; Government Lawyers
Summary: former prosecutor representing criminal defendant in probation hearing
QUESTION: Attorney is a former prosecutor, now in private practice. Attorney has been contacted for representation in a probation violation hearing. Attorney originally prosecuted the individual who was placed on probation. Would it be a conflict of interest for Attorney to represent this individual?
ANSWER: Under Rules 4 dash–1.11(a) and 4 dash–1.9(a) Attorney may not represent defendants on probation violation matters which arise in connection with cases which Attorney or Attorney´s assistants prosecuted, while Attorney was the prosecuting attorney. Under Rule 4 dash–1.11(a), the conflict may be waived.
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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