Did one lawyer's appointment as special prosecutor bar firm colleagues from unrelated cases against the state?

Short answer The opinion found no conflict for other firm lawyers' unrelated criminal-defense or state-adverse work because the special-prosecutor appointment was personal and limited to one case.

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 had been appointed as special prosecutor for a single case and asked whether firm colleagues could handle unrelated criminal-defense cases and other matters against the state.

The opinion found no conflict arising from the appointment because it was made to the individual lawyer for that individual case. It did not address related matters or broader prosecutor appointments.

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: Did the appointment disqualify the whole firm from unrelated state-adverse work?

A: No, on the individual, one-case appointment described.

Q: Did the opinion address cases related to the special-prosecutor matter?

A: No. It answered only for unrelated cases.

Background and rules framework

The opinion distinguished a personal special-prosecutor appointment in one matter from the firm's separate, unrelated cases. It cited no numbered rule and made no broader holding about other appointment structures.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/950205/

Original opinion text

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

QUESTION: Attorney has been appointed as a special prosecutor in an individual case. May other members of Attorney´s firm handle unrelated cases against the state? ANSWER: Because this is an individual appointment as a special prosecutor in an individual case, Attorney´s appointment does not create a conflict of interest although other members of Attorney´s firm engage in criminal defense work and other cases against the state.

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