Could a firm member sue the city while another firm member served as a part-time municipal judge?

Short answer The opinion found a conflict, required the member handling the suit to withdraw, and said the city could not waive the conflict as a governmental entity.

Bar

MOLEC

Issued

1994

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.

How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

One firm member was a part-time municipal judge. Another had a case naming the city as defendant.

The opinion found a conflict and said the lawyer handling the case had to withdraw. It said the city, as a governmental entity, could not waive the conflict.

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 opinion find a conflict?

A: Yes, and it required withdrawal from the city-defendant case.

Q: Could the city waive it?

A: No. The opinion said a governmental entity could not waive the conflict.

Background and rules framework

The opinion addressed a firm member's part-time municipal judgeship and another member's suit against the city. It cited no numbered rule.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/940062/

Original opinion text

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

QUESTION: One member of the firm is a part time municipal judge. Another member has a case in which the city is a defendant. Is this a conflict? Can it be waived? ANSWER: Yes, it is a conflict and the member must withdraw from the case. As a governmental entity, the city cannot waive the conflict.

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This opinion is from 1994. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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