Informal Opinion Number: 990108

QUESTION: Attorney represents a local law enforcement association. The purpose of the association is to act for the benefit of its members in dealing with employment issues for its officers. Attorney has been approached by one member of the association who has asked Attorney to sue another member of the association. The suit would involve issues which are association matters. May Attorney handle this case?
ANSWER: Under the circumstances Attorney has described, it would be a conflict of interest for Attorney to represent one member on behalf of another member, if it deals with issues regarding the association, itself.

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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