Must a defense lawyer withdraw when current jail clients want to testify against the lawyer's former client?

Plain-English summary

A criminal defense lawyer represented several people incarcerated in one facility and had formerly represented another inmate, Client A. Some current clients wanted to make a deal by testifying against A based on statements A made while incarcerated.

Asked whether the lawyer must withdraw from representing those current clients, the opinion answered yes. It gave no further reasoning or numbered rule in the published answer.

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: Which representations did the question ask about withdrawing from?

A: The current clients who wanted to testify against the lawyer's former client.

Q: Did the opinion allow the lawyer to keep those clients?

A: No. It answered that withdrawal was required.

Background and rules framework

The opinion addressed a former-client conflict arising from current clients' proposed adverse testimony. It supplied a direct withdrawal answer without identifying a rule number or separate conditions.

See also

• Missouri Informal Op. 960170: Public defender's former client as state witness
• Missouri Informal Op. 20000168: Former defender prosecutes client

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/950229/

Original opinion text

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

QUESTION: A criminal defense attorney represents several clients who are incarcerated in the same facility. Attorney formerly represented Client A. Several of Attorney´s other clients have contacted Attorney about making a deal in exchange for testimony against Client A based on Client A´s statements while incarcerated. Must Attorney withdraw from representing the clients who want to testify against Client A? ANSWER: Yes.