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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After a representation ends, must a lawyer answer a former client's or new counsel's questions about things that were never written down in the file?
Sometimes. The opinion concludes Rule 1.16(d) requires a former lawyer to convey unrecorded information acquired during the representation when it is necessary to protect the client's interests in tha…
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…
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 …
What must a lawyer do when served with a subpoena for a client's documents or information?
Consult the client if possible and assert all reasonable objections. The opinion concludes that the lawyer must notify or try to notify the client, raise non-frivolous grounds against disclosure, may …
What parts of the file must a lawyer turn over to a former client at the end of a representation?
The papers and property the client is entitled to, but not materials the lawyer made for the lawyer's own purposes. The opinion concludes that client-provided materials, filed and executed documents, …
When a lawyer gives an outside vendor, like a computer maintenance company, access to client files, what must the lawyer do to protect client confidentiality, and must a breach be reported to the client?
The opinion concluded that a lawyer who gives an outside service provider access to client files must make reasonable efforts under Model Rule 5.3 to ensure the provider has, or will put in place, rea…
Can a government legal-aid lawyer let a nonlawyer supervisor have free access to client files so the supervisor can collect demographic data about the clients the office serves?
The opinion concluded that a lawyer may disclose client-file information to a nonlawyer supervisor when the disclosure helps carry out the representation, but if it does not, disclosure requires the c…
When a government agency or anyone else subpoenas a lawyer's files about a current or former client, what must the lawyer do before producing them?
The opinion concluded that when a governmental agency, or any other entity or person, subpoenas or obtains a court order for a lawyer's files and records relating to the representation of a current or…
What should a solo lawyer do to protect clients if the lawyer dies, and what are the duties of a lawyer who takes over a deceased solo's client files?
The opinion concluded that a sole practitioner should have a plan designating another lawyer with authority to review client files, identify those needing immediate attention, and notify clients of th…
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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.