Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivisions (d) and (e) of subdivision 4-1.11, entitled “Successive Government and Private Employment,” of Supreme Court Rule 4, entitled “Rules of Professional Conduct,” and in lieu thereof adoption of new subdivisions (d), (e) and (f) of subdivision 4-1.11, entitled “Government and Private Employment.”

(2) Adoption of new Supplemental Missouri Comment for Rule 4-1.11(d).


1.  It is ordered that subdivisions (d) and (e) of subdivision 4-1.11 of Supreme Court Rule 4 be and the same are hereby repealed and new subdivisions (d), (e), and (f) adopted in lieu thereof to read as follows:

4-1.11 GOVERNMENT AND PRIVATE EMPLOYMENT

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(d) (1) A lawyer who also holds public office, whether full or part-time, shall not engage in activities in which his or her personal or professional interests are or foreseeably could be in conflict with his or her official duties or responsibilities.  A lawyer holding public office shall not attempt to influence any agency of any political subdivision of which such lawyer is a public officer, other than as a part of his or her official duties, or except as authorized in sections 105.450 to 105.496, RSMo.
(2) No lawyer in a firm in which a lawyer holding a public office is associated may undertake or continue representation in a matter in which the lawyer who holds public office would be disqualified, unless the lawyer holding public office is screened in the manner set forth in Rule 4.1.11(a).

(e) As used in this Rule, the term 'matter' includes:

(1) any judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest or other particular matter involving a specific party or parties; and
(2) any other matter covered by the conflict of interest rules of the appropriate government agency.


(f) As used in this Rule, the term 'confidential government information' means information that has been obtained under governmental authority and which, at the time this Rule is applied, the government is prohibited by law from disclosing to the public or has a legal privilege not to disclose, and which is not otherwise available to the public.

2.  It is ordered that a Supplemental Missouri Comment to Rule 4-1.11(d) be and the same is hereby adopted to read as follows:

Supplemental Missouri Comment to Rule 4-1.11(d)

Lawyers often serve as legislators or hold other public offices.  This is highly desirable as lawyers are uniquely qualified to make significant contributions to the improvement of the legal system. However, the public officer lawyer’s position on matters of public policy can be inconsistent with the interests of a client.  The lawyer should advise the client in all such situations and at all times be mindful of the disclosure and consent requirements of Rule 4-1.7.

3.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.

4.  It is ordered that this order be published in the South Western Reporter.

Day - to - Day

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STEPHEN N. LIMBAUGH, JR.
Chief Justice