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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Can a lawyer's engagement agreement require the client to cooperate and let the lawyer withdraw if the client does not?
Yes, within limits. The opinion concludes that under Rule 1.16(b)(5) a lawyer may withdraw when a client substantially fails to meet an obligation 'regarding the lawyer's services' (paying fees, coope…
When can a lawyer voluntarily withdraw from a client's matter for the lawyer's own reasons without violating the ethics rules?
Under Rule 1.16(b)(1) a lawyer may withdraw for any reason, even to take on an adverse client, so long as withdrawal causes no material adverse effect on the client's interests in the matter. The opin…
Can a lawyer report a client to the police when the client commits a crime against the lawyer, even though the lawyer owes the client a duty of confidentiality?
Yes. The opinion finds an implicit exception to Rule 1.6 that lets a lawyer who is the victim of a client's crime, or who witnesses a client's crime against the lawyer's staff or family, disclose info…
If a lawyer copies their own client on an email to opposing counsel, can opposing counsel hit 'reply all' and include that client without violating the no-contact rule?
Yes. Absent special circumstances, copying your own client on a group email or text to opposing counsel impliedly consents under Rule 4.2 to a 'reply all' that reaches your client. To avoid that, do n…
Does a lawyer have to arrange an interpreter or translator when the lawyer and client do not share a language?
A language barrier, or a client's hearing, speech, or vision disability, does not lessen the lawyer's duties of communication and competence. The opinion says the lawyer, not the client, must evaluate…
Can a lawyer reveal confidential information to respond to a client's negative online review?
No. The opinion concludes a negative online review, by itself, does not trigger the self-defense exception in Rule 1.6(b)(5), and a public online response that reveals or could lead to client confiden…
Does a lawyer have to tell the client when the lawyer is friends with, or in a relationship with, opposing counsel?
It depends on how close the relationship is. The opinion sorts relationships with opposing counsel into intimate relationships, friendships, and acquaintances. Intimate relationships generally require…
When a lawyer leaves a firm, who notifies the clients, and can the firm impose a long notice period or block the departure?
The opinion concludes that lawyers may leave a firm and clients choose their own counsel. Firms may request only a brief notice period needed for an orderly transition and may not use rigid notice per…
When a new lawyer takes over a contingent-fee case from a prior lawyer, do the fee-splitting rules apply, and what must the client be told?
The opinion concludes that when a successor lawyer replaces a prior lawyer in a contingent-fee matter, this is not a Rule 1.5(e) fee division (which covers lawyers working together), but the successor…
Can a lawyer refer a client to a finance company or broker to borrow money to pay the lawyer's fee?
Yes. The opinion concludes a lawyer may refer a client to a fee-financing company or broker in which the lawyer has no financial interest, provided the lawyer complies with Rules 1.2(c), 1.4(b), 1.5(a…
After a hacker or data breach exposes client information, what does a lawyer have to do, and must clients be told?
The opinion concludes that when a breach involves, or is substantially likely to involve, material client confidential information, the lawyer must notify affected current clients and take other reaso…
What are a lawyer's ethical duties to prepare for and respond to a disaster that destroys files or shuts down the office?
The opinion concludes that the Rules apply with full force during a disaster and that advance planning reduces the risk of violating them. Lawyers must keep communicating with clients, develop enough …
Does a lawyer have to tell a client about the lawyer's own mistake, and does that duty reach former clients?
The opinion concludes that Rule 1.4 requires a lawyer to tell a current client about a material error, meaning one a disinterested lawyer would find reasonably likely to harm the client or serious eno…
Can a lawyer blog or post about a client's case if the details are already in the public record?
No, not without consent. The opinion concludes that the confidentiality duty in Rule 1.6 covers all information relating to a representation, including information in a public record, so a lawyer may …
Can a lawyer email clients without encryption, and when is stronger security required?
Usually yes. The opinion concludes that unencrypted routine email generally remains acceptable if the lawyer makes reasonable efforts to prevent unauthorized access, but stronger measures such as encr…
Must a lawyer who receives a party's private emails with their own counsel notify opposing counsel?
Not under the Model Rules. The opinion concludes that emails an employer retrieved from an employee's workplace computer were not 'inadvertently sent,' so Rule 4.4(b) does not apply and no Model Rule …
If a lawyer represents two clients in the same matter, can the lawyer share one client's confidential information with the other?
Not without informed consent. The opinion concludes that Rule 1.6 protects each client's information separately, so a lawyer may not reveal one client's confidential information to a co-client where i…
Does a court-appointed lawyer owe the usual duties to a competent defendant who refuses to be represented?
No. The opinion concludes the client-lawyer relationship is consensual, so a lawyer appointed over a competent defendant's objection has no client and owes none of the Rules' client-relationship dutie…
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…
What must a lawyer disclose to multiple clients before settling their claims together in an aggregate settlement?
A lot, and not in advance. The opinion concludes Rule 1.8(g) requires the lawyer to tell each client the total settlement, every client's claims and share, the lawyer's fees and costs, and how costs a…
Can a lawyer put a binding-arbitration clause for fee disputes and malpractice claims in a retainer agreement?
Yes, with informed consent. The opinion concludes a retainer may require binding arbitration of fee disputes and malpractice claims if the client is fully told the advantages and disadvantages and con…
Is it ethical for a lawyer to secretly record a conversation without telling the other party?
Not necessarily improper. The opinion rejected the flat ban of Formal Opinion 337 and concluded that secretly but lawfully recording a conversation did not by itself violate the Model Rules, though a …
Can a lawyer charge the client more for a contract lawyer's work than the lawyer paid for it?
It depends on how it is billed. The opinion concluded a lawyer could add a surcharge (profit) when a contract lawyer's work was billed as legal services, so long as the total fee was reasonable under …
When I leave my law firm, can I notify clients and ask them to come with me, and which clients can I contact before I resign?
Both the departing lawyer and the firm's responsible members had to give current clients prompt, fair notice of the departure and of the client's right to choose counsel. The opinion concluded that no…
Can a lawyer send confidential client information by unencrypted email over the Internet, or do the ethics rules require encryption or client consent?
The opinion concluded that a lawyer may transmit information relating to a client's representation by unencrypted Internet email without violating Model Rule 1.6, because email affords a reasonable ex…
Can a lawyer represent another lawyer in one matter while the two of them are on opposite sides for other clients, and does that conflict spread to their firms?
The opinion concluded that two lawyers may have a lawyer-client relationship while opposing each other for third-party clients only if neither lawyer's representation of his own client would be materi…
When a client becomes mentally incompetent during a representation, can the lawyer petition for a guardian or take other protective action, and may the lawyer recommend a guardian who will then hire the lawyer?
The opinion concluded that a lawyer who reasonably believed a client could no longer adequately act in the client's own interest could take protective action under Model Rule 1.14(b), including petiti…
When an insurance company hires a lawyer to defend its insured and the policy lets the insurer settle within limits in its sole discretion, can the lawyer settle the case if the insured objects?
The opinion concluded that, after disclosing the limited nature of the representation and the insurer's control of the defense, the lawyer may settle at the insurer's direction, but if the lawyer know…
When a lawyer is exploring a job with the firm or party he is opposing in a matter, when must he tell his client and get consent, and does the conflict disqualify his whole firm?
The opinion concluded that a lawyer's pursuit of employment with an adverse firm or party may materially limit his representation under Rule 1.7(b), so he must consult the client and obtain consent be…
Is it ethical to charge a contingent fee to a client who could afford to pay hourly, or when liability is already clear, and can the percentage rise as the case proceeds or as the recovery grows?
The opinion concluded that a contingent fee is ethical as long as it is appropriate and reasonable and the client was fully informed of alternative billing arrangements; a client's ability to pay anot…
Can a lawyer bill more than one client for the same hours or recycled work, charge overhead as an expense, or add a surcharge to third-party costs like expert witnesses or computer research?
The opinion concluded that a lawyer must disclose the basis for both fees and other charges, may not bill more time than actually spent (and so cannot bill two clients for the same hours or charge a s…
If a lawyer suspects opposing counsel never told their client about a settlement offer, can the lawyer contact the opposing party directly, or advise their own client to do so?
The opinion concluded that under Model Rule 4.2 a lawyer may not contact the represented opposing party to ask whether a settlement offer was communicated, even if the lawyer seriously doubts that it …
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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.