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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When a company's lawyer advises the company about a course of action that could expose an officer or employee to personal liability, does the lawyer owe anything to that constituent?
The lawyer represents only the organization, not its constituents. But competence and candid-advice duties can require advising the organization about legal risk to its constituents, and Rules 4.1, 4.…
How much does a lawyer have to investigate a client before taking the matter to avoid assisting a crime or fraud, and when does that duty come up again later?
Under amended Model Rule 1.16(a), a lawyer must make a reasonable, risk-based inquiry before each representation, and renew it when later facts raise questions about whether the client is using the la…
What do the ethics rules require of a lawyer who uses generative AI tools like ChatGPT in client work?
Lawyers may use generative AI but must understand the tool's limits, independently verify its output, get the client's informed consent before inputting information relating to the representation, and…
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…
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…
Do the ethics rules let a lawyer practice virtually with no physical office, and what does the lawyer have to do to comply?
Yes. The opinion concludes the Model Rules permit virtual practice, with no requirement of a brick-and-mortar office, but a lawyer practicing virtually must still meet the duties of competence, dilige…
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…
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…
Can a lawyer outsource legal or nonlegal work, including to overseas providers, and what duties apply?
Yes. The opinion concludes a lawyer may outsource legal or nonlegal support services if the lawyer remains ultimately responsible for competent representation under Rule 1.1 and supervises the provide…
Can a lawyer represent a client in a collaborative law process that requires the lawyer to withdraw if the case goes to litigation?
Yes, with informed consent. The opinion concludes that collaborative law practice is a permissible limited-scope representation under Rule 1.2(c), and that the four-way agreement requiring the lawyer …
What must a public defender or appointed lawyer do when their caseload is too high to represent every client competently?
Stop taking cases and seek relief. The opinion concludes a lawyer whose workload prevents competent, diligent representation must decline new appointments and move to withdraw from existing cases, and…
Can a lawyer discuss a client's case with another lawyer outside the firm without breaching confidentiality?
Yes, carefully. The opinion concluded a lawyer could consult an outside lawyer and was impliedly authorized under Rule 1.6 to disclose information to further the representation, but could not reveal p…
Does a lawyer violate the rules of professional conduct by entering into a sexual relationship with a client during the representation?
The opinion concluded that, although no Model Rule or Code provision expressly prohibited it, a sexual relationship between lawyer and client during the representation may violate the rules because 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.