Could a county prosecutor represent the county commission when the sheriff sued it?

Short answer No. The opinion found a conflict that could not be waived because the dispute involved governmental entities and officials.

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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 prosecuting attorney responsible for representing county officials was asked to represent the county commission after the sheriff sued it.

The opinion answered no. It said the lawyer had a conflict that could not be waived because the parties were governmental entities and officials. It cited no numbered rule.

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 prosecutor represent the commission in the sheriff's suit?

A: No, according to the opinion.

Q: Could the conflict be waived?

A: The opinion said no because of the governmental parties involved.

Background and rules framework

The opinion addressed a prosecutor's representation obligations when county officials and a county entity opposed each other. It gave a nonwaivable-conflict answer without citing a numbered rule.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/940208/

Original opinion text

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

QUESTION: Attorney is a prosecuting attorney with responsibility for representation of county officials. The sheriff has sued the county commission. May attorney represent the county commission? ANSWER: No. Attorney has a conflict of interest which cannot be waived because the parties are governmental entities and officials.

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