What happens when a prosecutor and assistant prosecutor in one firm handle criminal and civil sides of the same collision?

Plain-English summary

Attorneys A and B were shareholders and directors of one professional corporation. B was the part-time prosecuting attorney and A the assistant prosecutor. While B considered charges arising from a collision and directed a patrolman to issue a ticket, A agreed to represent a client in a wrongful-death claim about that collision. They later realized they were working on the same event from different angles.

The answer says A must withdraw from the civil representation. It also says a special prosecutor must be sought for the potential criminal charges. The published answer does not cite a numbered rule or discuss other arrangements.

Currency note

This opinion was issued in 1997, before Missouri's 2007 revisions to the Rules of Professional Conduct. 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 A continue the wrongful-death claim?

A: No. The opinion says A must withdraw from that representation.

Q: What did the opinion require for potential criminal charges?

A: It says to seek appointment of a special prosecutor.

Background and rules framework

The opinion addresses lawyers in the same firm acting in prosecutorial and private civil roles arising from one collision. Its answer specifies withdrawal and a special prosecutor without naming a particular rule.

Citations and references

The published opinion cites no specific rule, statute, case, or other opinion.

See also

• Missouri Informal Op. 20030025: Occasional Special Prosecutor
• Missouri Informal Op. 20000177: Prosecutor and County Subrogation

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/970220/
• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

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

QUESTION: Attorney A and Attorney B are shareholders and directors of a Professional Corporation. Attorney B is the Prosecuting Attorney, which is a part-time position. Attorney A is the Assistant Prosecuting Attorney. Attorney B considers possible criminal charges stemming from a collision. Attorney A is contacted by a client concerning the collision and they discuss a wrongful death action. Attorney B instructs the patrolman to issue a ticket on the collision. Attorney A agrees to represent the client in the wrongful death action. Later, Attorney A and Attorney B realize that they are both working on the case from different angles. What is the proper course of action at this time?

ANSWER: In the circumstances described, it is necessary for Attorney A to withdraw from representation of the client. It is also necessary to seek the appointment of a special prosecutor regarding the potential criminal charges.