American Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the American Bar Association, with full citations and source links on every page.
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If a lawyer knows of a fact that should disqualify the judge but the judge has not raised it, must the lawyer tell the court?
Generally yes, subject to confidentiality. The opinion concludes Rule 8.4(d) requires a lawyer who knows information reasonably likely to give rise to a judge's recusal obligation to disclose it to th…
Where is the ethical line between legitimately preparing a witness to testify and improperly coaching the witness, including over video?
Preparing a witness is proper and often ethically required, but it becomes misconduct when the lawyer counsels or assists false testimony or obstructs evidence. The same limits apply to remote proceed…
Can a lawyer look up jurors and prospective jurors on social media during a trial?
Yes, passively. The opinion concludes that a lawyer may passively review a juror's public internet presence but may not send an access request such as a friend request, which is a prohibited ex parte …
Can a lawyer ghostwrite court papers for a self-represented litigant without disclosing that help to the court?
Yes. The opinion concludes a lawyer may give behind-the-scenes assistance to a pro se litigant, including drafting filings, without disclosing the fact or extent of that help to the court, because the…
Can a lawyer bluff about a client's bottom line in a settlement negotiation or mediation without violating the ethics rules?
Within limits. The opinion concludes Rule 4.1 bars false statements of material fact in negotiation, including caucused mediation, but statements about a party's negotiating goals or willingness to co…
If I learn my client violated a court order during litigation, do I have to tell the judge or can I just withdraw?
It depends. The opinion concluded the lawyer had to correct any affirmative misrepresentation she had made to the court, and had to disclose the client's conduct or withdraw if continued representatio…
Can a lawyer cite an unpublished, 'not for publication' opinion to a court, when the forum court has a rule prohibiting any reference to such opinions?
The opinion concluded that it is ethically improper under Model Rule 3.4(c) for a lawyer to cite an unpublished opinion to a court whose rules specifically prohibit referencing 'not for publication' o…
If a civil litigator learns that the client lied in interrogatories or a deposition and produced a forged document, what must the lawyer do, and can the lawyer be forced to tell the court?
The opinion concluded that a lawyer who learns the client has lied in discovery must take all reasonable steps to rectify the fraud, and that the Rule 3.3 duty of candor toward the tribunal supersedes…
When a lawyer represents a bank client during a regulatory examination, can the lawyer stay silent about facts adverse to the client, and where is the line on misleading regulators?
The opinion concluded that a lawyer representing a client in a bank examination may not under any circumstances lie to or mislead agency officials, whether by affirmative misstatement or by omitting a…
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Legal ethics opinions from the American Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.