Could a firm sue one Missouri state agency while currently representing another state agency?

Plain-English summary

A firm had long represented one Missouri state agency and was asked to take a claim against a different agency.

The opinion said that if the state or one of its agencies was a current firm client, the firm had a conflict preventing representation of another client against the state or any agency.

Currency note

This opinion was issued in 1999, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: Did the agencies being different eliminate the conflict?

A: No. The answer treated a current agency client as creating the conflict.

Q: Was the rule limited to suing the very agency represented?

A: No. The opinion extended the conflict to the state or one of its agencies.

Background and rules framework

The published answer identified a current-client conflict without citing a numbered rule.

See also

• Missouri Informal Op. 20000003: City Attorney Conflict

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/990106/

• 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´s firm has been asked to represent a client in a legal matter involving litigation against an agency of the state of Missouri. Attorney´s firm has represented another agency of the state of Missouri for a number of years. Would it be a conflict of interest for Attorney´s firm to represent the client in its claim when Attorney´s firm has represented and continues to represent a separate agency in state government?

ANSWER: If the state of Missouri, or one of its agencies, is a current client of Attorney´s firm, Attorney has a conflict of interest which prohibits Attorney from representing another client against the state or one of its agencies.