Could counsel to a government official sue another government official in private practice?

Short answer The opinion said no, finding a conflict of interest under Rule 4-1.7.

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

A lawyer employed as counsel to a government official asked whether private practice could include suing another government official.

The opinion answered no, calling that a conflict under Rule 4-1.7. It gave no further factual conditions or exceptions.

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: Could the lawyer bring the private suit?

A: No, according to the opinion.

Q: Which rule did it cite?

A: Rule 4-1.7.

Background and rules framework

The opinion applied Missouri Rule 4-1.7 to the proposed private suit by counsel employed by a government official.

Citations and references

Rules of Professional Conduct:

Missouri Rule 4-1.7

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/940159/

Original opinion text

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

QUESTION: Attorney is employed as counsel to a government official. May Attorney sue another government official as a part of Attorney´s private practice? ANSWER: No, this would be a conflict of interest under Rule 4–1.7.

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