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.
No American Bar Association opinions match these filters
Try a different search term or clear the filters.
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…
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…
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.…
A lawyer talked to a prospective client but did not take the case; can the lawyer's firm still represent someone adverse to that prospective client without disqualifying the whole firm?
Yes, if the lawyer took reasonable measures to avoid learning more disqualifying information than necessary to decide whether to take the matter, is timely screened, shares no fee, and the firm gives …
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…
When a lawyer practices across states with different ethics rules, which state's rules of professional conduct apply to the lawyer's conduct?
Under Model Rule 8.5(b), conduct connected to a pending tribunal matter follows the rules of the jurisdiction where the tribunal sits; all other conduct follows the rules where the conduct occurs, or …
Can a lawyer in a state that bans nonlawyer firm ownership passively invest in a firm with nonlawyer owners in a state that allows it?
Yes. The opinion concludes that a lawyer in a Model Rule 5.4 jurisdiction may make a passive investment in an alternative business structure (a firm with nonlawyer owners) operating where such firms a…
What does 'materially adverse' mean for conflicts with a former or prospective client, and does economic competition count?
The opinion concludes that 'materially adverse' under Rules 1.9 and 1.18 is broader than direct adverseness: it covers suing or negotiating against a former client, attacking the lawyer's own prior wo…
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 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…
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…
Does taking a referral fee make the referring lawyer subject to the conflict-of-interest rules?
Yes. The opinion concludes that a lawyer who refers a matter and shares the fee has undertaken representation of the client, so the arrangement is subject to Rule 1.7; where a conflict exists, the law…
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…
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 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 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 get a client to consent in advance to future conflicts of interest, and when does that waiver actually hold up?
Yes, more broadly than before. The opinion concludes amended Rule 1.7 lets a lawyer obtain informed consent to a wider range of future conflicts, and that open-ended consent is most likely effective f…
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…
Can a lawyer draft a will disinheriting someone the lawyer represents on other, unrelated matters?
Usually yes. The opinion concludes there is ordinarily no conflict in drafting an instrument disinheriting a beneficiary the lawyer represents elsewhere, because a beneficiary has only an expectancy a…
Can a criminal defense lawyer post bail, or arrange a bond, for their own client?
Only rarely. The opinion concludes there is no per se ban, but posting or guaranteeing a client's bond usually creates a personal-interest conflict under Rule 1.7 that bars the representation unless t…
Can a liability insurer's salaried staff lawyers represent both the insurer and its insureds, and what may that staff-counsel office call itself?
Yes, with disclosure. The opinion concludes insurance staff counsel may represent both the insurer and its insureds if they tell each insured they are insurer employees and exercise independent profes…
Can a lawyer draft a will for someone referred by an existing client who stands to inherit under that will?
Yes, with safeguards. The opinion concludes a lawyer may draft a testator's will on the recommendation of a potential beneficiary who is also a client, as long as the lawyer does not let the recommend…
Can a lawyer who drafts a client's will or trust serve as the executor or trustee, hire their own firm as the estate's counsel, and be paid for both roles?
Yes, with conditions. The opinion concluded that a lawyer may accept appointment as a personal representative or trustee named in an instrument the lawyer prepares and may appoint himself or his firm …
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 take stock or another ownership interest in a client company in exchange for, or alongside, legal fees?
The opinion concluded that the Model Rules did not prohibit a lawyer from acquiring an ownership interest in a client, in lieu of or in addition to a cash fee, so long as the lawyer complied with Rule…
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 buy a client's accounts receivable and collect on them?
Yes, with safeguards. The opinion concluded a lawyer could purchase a client's accounts receivable if the transaction met Rule 1.8(a) (fair terms, written disclosure, written consent, and a chance to …
Can a former in-house lawyer or their new firm take a matter against the lawyer's old employer?
Only with limits. The opinion concluded a former in-house lawyer was disqualified from a matter adverse to the former employer only where the lawyer personally handled the same or a substantially rela…
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…
After a lawyer leaves a government agency, which matters is she barred from handling for private clients, and can her new firm screen her so the rest of the firm can take the work?
The opinion concluded that Rule 1.11, not Rule 1.9(a) and (b), governs a former government lawyer's conflicts: she is disqualified only from particular matters in which she participated personally and…
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…
If a lawyer represents one government agency, can she or her firm also represent a private client against a different agency of the same government in an unrelated matter?
The opinion concluded that a lawyer may not simultaneously oppose her own government client without informed consent, but she may represent a private party against another government entity in the sam…
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…
Can a lawyer accept a settlement with a government agency that requires the lawyer not to represent other, similar clients against that agency in the future?
The opinion concluded that Rule 5.6(b)'s bar on settlement terms that restrict a lawyer's right to practice applies even when one party is a government agency, so the lawyer may not agree to such a co…
If a lawyer represents one company, can the lawyer take a matter adverse to that company's corporate affiliate, like a parent or subsidiary, without the client's consent?
The opinion concluded that representing a corporate client does not by itself bar a lawyer from a matter adverse to the client's affiliate in an unrelated matter, but consent is required if the affili…
Can a firm describe itself as 'affiliated,' 'associated,' or part of a 'network' with other firms, and what conflict and fee-sharing rules apply to those relationships?
The opinion concluded that lawyers must not mislead prospective clients about firm size, resources, or relationships with other firms, so terms like 'affiliated,' 'associated,' 'correspondent,' or 'ne…
Can a corporation condition hiring outside counsel, or in-house counsel, on the lawyer's promise never to represent anyone against the corporation in the future, even in unrelated matters?
The opinion concluded that an agreement barring a lawyer from ever representing anyone adverse to the corporation, including in unrelated matters, is an impermissible restriction on the right to pract…
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…
Can a lawyer or firm argue one legal position for one client while arguing the directly opposite position for another client in a different, unrelated pending case?
The opinion concluded that when a lawyer is asked to advocate a substantive legal position directly contrary to one the lawyer or firm is urging for another client in a different, unrelated pending ma…
In a mass-tort global settlement, can a defendant condition the deal on the plaintiffs' firm agreeing not to represent present or future claimants against that same defendant?
The opinion concluded that a settlement term restricting plaintiffs' counsel from representing present clients and future claimants against the same defendant is an impermissible restriction on the ri…
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 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…
When can a lawyer or firm use the title 'of counsel' to describe a relationship with another lawyer or firm, and what conflicts consequences follow?
The opinion concluded that the title 'of counsel' (and variants like 'counsel,' 'special counsel,' or 'senior counsel') may be used as long as the relationship between the lawyer and the firm is a clo…
Browse American Bar Association opinions by topic
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.