Could firm lawyers defend municipal defendants while a partner advised that city by contract?

Short answer No. The opinion found a nonwaivable Rule 4-1.7(a) conflict because the city was a governmental client and separately pointed to possible statutory conflicts without deciding them.

Bar

MOLEC

Issued

1995

Apply this to your situation

This page answers the general question as of 1995. 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 would advise a city under contract, attend council meetings, and draft city legal documents. The lawyer asked whether other firm members could defend people in that city's municipal court.

The opinion answered no under Rule 4-1.7(a) and said the conflict could not be waived because a governmental entity was involved. It also directed attention to possible statutory conflicts but did not analyze a particular statute.

Currency note

This 1995 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 another firm lawyer defend in that city's municipal court?

A: No. The opinion found a Rule 4-1.7(a) conflict.

Q: Could the city waive the conflict?

A: The opinion said no because a governmental entity was involved.

Q: Did it decide a statutory conflict question?

A: No. It only pointed to possible state-statute conflicts.

Background and rules framework

The opinion applied Missouri Rule 4-1.7(a) to a contract city advisor's law firm and separately mentioned possible statutory restrictions without citing one.

Citations and references

Rules of Professional Conduct:

Missouri Rule 4-1.7(a)

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/950002/

Original opinion text

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

QUESTION: Attorney would serve as a legal advisor to the city on a contract basis. Attorney would attend city council meetings, draft contracts, resolutions, ordinances and other legal documents. May other members of Attorney´s firm defend clients in the city´s municipal court? ANSWER: No. This would be a conflict of interest under Rule 4–1.7(a) and, because a governmental entity is involved, it cannot be waived. Attorney should also consult the state statutes regarding possible conflicts of interest from that standpoint.

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