Could a state agency lawyer privately represent a person against the state or another state official?

Plain-English summary

A lawyer employed by a state agency asked about a separate private practice conducted on the lawyer's own time. The proposed representation would be against the state, another state agency, or a state official.

The opinion answered no. Its published answer did not distinguish among the three proposed opposing parties or give further reasoning.

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 conducting the work on personal time change the answer?

A: No. The question specified private practice on the lawyer's own time, and the answer was no.

Q: Which adverse parties did the question name?

A: The state, another state agency, and a state official.

Background and rules framework

The opinion addressed a state agency lawyer's separate private representation against state interests. It cited no numbered rule.

See also

• Missouri Informal Op. 940159: Government counsel's private suit
• Missouri Informal Op. 940168: City counsel and outside criminal defense

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940150/

Original opinion text

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

QUESTION: Attorney works for a state agency. May Attorney, in a separate private practice on Attorney´s own time, represent an individual against the state, another state agency or a state official? ANSWER: No.