Could city general counsel who backed up the city prosecutor take criminal defense cases outside the city?

Plain-English summary

The lawyer was a city's general counsel and backup city prosecutor. The proposed criminal defense cases would arise outside the city, with no city personnel involved in investigation, arrest, or detention.

The opinion answered yes to taking those cases on the stated facts. It cited no numbered rule and did not address cases with a city connection.

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 accept the described defense cases?

A: Yes, on the facts stated.

Q: What city connections were absent?

A: The cases arose outside the city and city personnel had no investigation, arrest, or detention role.

Background and rules framework

The opinion's answer rested on the location of the criminal matters and the absence of city-personnel involvement. It cited no numbered rule.

See also

• Missouri Informal Op. 950067: City prosecutor and defense before shared judge
• Missouri Informal Op. 950160: Part-time prosecutor's private cases

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940168/

Original opinion text

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

QUESTION: Attorney is general counsel for a city. Attorney is the backup for the city prosecutor. May Attorney handle criminal defense cases if they do not arise within the geographical boundaries of the city and city personnel take no part in the investigation, arrest or detention. ANSWER: Yes.