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 must a government lawyer report a public official's intended or ongoing violation of law within or outside the government organization?
Model Rule 1.13 may require a government lawyer with actual knowledge of official misconduct to report within the organization when the conduct is imputable to the government client and likely to caus…
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…
How much can a lawyer tell the judge about the client when filing a motion to withdraw from the case?
Very little without the client's consent. The opinion concludes that Rule 1.6 confidentiality limits what a lawyer may disclose in a withdrawal motion, even when withdrawal is mandatory, so the lawyer…
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…
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…
Can a lawyer post a question or comment about a current matter to a listserv or online lawyer discussion group without the client's consent?
Not if there is a reasonable likelihood the post would let a reader identify the client or the situation. A lawyer may join general discussions of legal news and developments, but posting case-specifi…
If a lawyer learned confidential government information while in public service, when does Model Rule 1.11(c) bar the lawyer from representing a private client against the person that information concerns?
Rule 1.11(c) applies whether the lawyer has left government or still serves (including part-time private practice), and the disqualification reaches any client the lawyer represents in private practic…
Can lawyers who are not in the same firm share office space, and what do they have to do to protect client confidences and avoid conflicts?
Yes. Office sharing is generally permitted if the lawyers protect client information, do not hold themselves out as one firm, supervise shared staff, and run conflict checks. They are not automaticall…
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…
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…
When does talking to someone who never hired me disqualify me from representing the other side later?
The opinion concludes that under Rule 1.18 a lawyer who learns information from a prospective client that could be significantly harmful to that person is disqualified from later representing an adver…
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 …
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 …
When can a lawyer use a former client's information because it is 'generally known'?
Only when the information is widely recognized by the public in the relevant area or within the former client's industry or trade. The opinion concludes that information is not 'generally known' just …
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…
How much can a lawyer disclose when moving to withdraw from a case for unpaid fees?
Only the minimum needed. The opinion concludes that a lawyer should first cite 'professional considerations,' and if the court demands more, Rule 1.6(b)(5) permits disclosing only the confidential inf…
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 …
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 …
Do the ethics rules limit what I can put on my law firm website, and can a website inquiry create duties to a prospective client?
Yes. Website content is a communication about the lawyer's services subject to Rules 7.1, 8.4(c), and 4.1(a), so it must not be false or misleading. A website that invites inquiries can create a prosp…
If a lawyer consults their firm's in-house ethics counsel about their own conduct, is that confidential and what must be disclosed?
The opinion concludes that ethics consultations within a firm create a separate client-lawyer relationship, that consulting is impliedly authorized and needs no client consent, and that firm ethics co…
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…
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…
Can a lawyer ethically search for and use the metadata hidden in electronic documents sent by opposing counsel?
Yes. The opinion concludes the Model Rules contain no specific prohibition against reviewing and using metadata embedded in documents received from an opposing party or counsel, and that a sending law…
If a lawyer receives an adverse party's privileged documents from someone not authorized to send them, must the lawyer stop reading and notify the other side?
Not under the Model Rules. The opinion withdraws Formal Opinion 94-382, concluding that when the disclosure is not the result of the sender's inadvertence, Rule 4.4(b) does not apply and the Rules do …
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…
What must a lawyer do after receiving a document the other side sent by mistake?
Just notify the sender. The opinion concludes that under amended Rule 4.4(b) a lawyer who receives an inadvertently sent document need only promptly notify the sender, and need not refrain from readin…
Can a lawyer who represents a liability insurer also represent a plaintiff suing one of that insurer's policyholders?
Usually, unless the insurer is a party or information is at stake. The opinion concludes the simultaneous representation is not directly adverse to the insurer unless the insurer is a named party, but…
Does a lawyer have to report another lawyer's misconduct when that other lawyer is licensed but does not practice law?
Yes. The opinion concludes that Rule 8.3 requires reporting a licensed lawyer's misconduct, even conduct entirely removed from law practice, when it raises a substantial question about honesty, trustw…
Can a former in-house lawyer sue her former employer for wrongful or retaliatory discharge without breaching client confidentiality?
Yes, within limits. The opinion concluded the Model Rules did not bar a former in-house lawyer from suing her employer-client for retaliatory discharge, treating the suit as a 'claim' under Rule 1.6(b…
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 …
Must a defense lawyer hired by an insurer follow the insurer's litigation guidelines, and can the lawyer send the insured's billing details to the insurer or an outside auditor?
The opinion concluded that a lawyer must not let an insurer's guidelines materially impair independent professional judgment for the insured, may disclose billing and work information to the insurer w…
Can a lawyer agree to a settlement term barring future use of information learned in the case against the same opponent?
Partly. The opinion concluded a lawyer could agree not to disclose information about a settled matter, since confidentiality rules already require that, but could not agree to a term barring future us…
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…
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 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…
May a lawyer serve on the board of directors of a corporation while also acting as its legal counsel, and what conflict and privilege problems does the dual role create?
The opinion concluded that the Model Rules do not prohibit a lawyer from simultaneously serving as director and counsel of a corporation, but the lawyer should make sure management and the board under…
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…
When a lawyer represents the executor or trustee (the fiduciary) in an estate or trust matter, does the fiduciary's duty to the beneficiaries give the lawyer special duties to those beneficiaries, or change the lawyer's confidentiality duty?
The opinion concluded that a lawyer who represents only the fiduciary is bound by the same Model Rules as any other lawyer; the fiduciary's obligations to beneficiaries neither expand nor limit the la…
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…
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…
If one of my clients will be an adverse witness in a case I'm handling for a different client, can I cross-examine or take discovery from my own client?
The opinion concluded that examining one's own client as an adverse witness, or conducting third-party discovery of a client, in a matter not itself adverse to that client ordinarily presents a disqua…
If a lawyer learns the client is using her work, like an opinion letter, to keep defrauding a bank, must she withdraw, and may she disavow that work even though it hints at the client's fraud?
The opinion concluded that a lawyer who knows or reasonably believes her services or work product are being used or will be used to perpetrate a fraud must withdraw, and may disaffirm documents she pr…
If a law firm represents a trade association, can it also take on a client suing one of the association's individual members?
The opinion concluded that the answer turns on whether the individual member is itself a client of the firm: if the member is a client, the firm needs both clients' consent and a reasonable belief the…
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…
When a lawyer represents a partnership, is the client the firm or the individual partners, and can the lawyer keep information from individual partners or also represent them?
The opinion concluded that a partnership is an organization within Model Rule 1.13, so a lawyer who represents a partnership generally represents the entity rather than the individual partners unless …
Is information a would-be client shares during an initial consultation protected even if the lawyer never takes the case, and can it disqualify the lawyer or firm from representing someone else in the same matter?
The opinion concluded that information imparted by a would-be client seeking representation is protected from revelation or use under Model Rule 1.6 even though the lawyer never undertakes the represe…
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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.