Could a prosecutor privately represent an accident plaintiff against a defendant the prosecutor convicted of DWI in that accident?
Apply this to your situation
This page answers the general question as of 1994. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A prosecutor successfully prosecuted a defendant for DWI arising from an automobile accident. The prosecutor's private practice was asked to represent a plaintiff against that defendant in a civil case from the same accident.
The opinion found a conflict under Rule 1.7(b). It said consent was not an option because the state was one of the lawyer's clients.
Currency note
This 1994 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: Did the shared accident matter?
A: Yes. Both the prosecution and proposed civil action arose from the same accident.
Q: Could the state consent to the conflict?
A: The opinion said consent was not an option because the state was a client.
Background and rules framework
The opinion applied Rule 1.7(b), as cited in the source, to a prosecutor's proposed private civil representation from the same event.
Citations and references
Rules of Professional Conduct:
- Missouri Rule 1.7(b)
See also
- Missouri Informal Op. 940057: Prosecutor's same-accident civil suit
- Missouri Informal Op. 970174: Former prosecutor victim civil suit
Source
- Landing page: https://mo-legal-ethics.org/informal-opinion/940016/
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION: Attorney is a prosecuting attorney. As prosecutor, Attorney successfully prosecuted Defendant for DWI related to an auto accident. Attorney also has a private practice and has been asked to represent Plaintiff in a civil action against Defendant related to the same auto accident. ANSWER: This would be a conflict of interest under Rule 1.7(b). Because the state is one of Attorney´s client´s, consent to the conflict is not an option.
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