Could a former prosecutor testify for the county about a private client's statement concerning a potential county suit?

Plain-English summary

While the lawyer served as prosecutor, a private client said the client had information about the county that could support a suit. The client helped another person sue county officials, and the county asked the lawyer to testify about the earlier conversation.

The opinion classified the statement as confidential under Rule 4-1.6. It distinguished that duty from statutory attorney-client privilege and said the lawyer could testify only if the client consented or a court ordered testimony after the issue was fully presented.

Currency note

This 1993 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Was the private client's statement confidential?

A: Yes, under Rule 4-1.6, according to the opinion.

Q: Did the opinion decide statutory privilege?

A: No. It expressly distinguished privilege from the Rule 4-1.6 duty.

Q: When could the lawyer testify?

A: With the private client's consent or under a court order after the confidentiality issue was fully presented.

Background and rules framework

The opinion applied Rule 4-1.6 to a former prosecutor's separate private-client conversation requested as evidence in county litigation.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-1.6

See also

• Missouri Informal Op. 940043: Subpoena for client's statement
• Missouri Informal Op. 940013: Court order for deceased client's information

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/930142/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney was prosecuting attorney. A private client told Attorney that the client had information about the county which the client indicated was the basis for a lawsuit. The client assisted another individual to bring suit against the county and county officials. Attorney has been asked to testify on behalf of the county regarding this conversation. ANSWER: The communication from the private client is confidential under Rule 4–1.6. This opinion does not relate to the attorney-client privilege which is statutory and legal in nature. That privilege is not the same as the confidentiality referred to in Rule 4–1.6. Attorney may only testify regarding that communication if the private client consents or if Attorney is ordered to do so by a court after the issue is fully presented to the court.