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…
Can a lawyer call a flat fee or retainer paid up front 'nonrefundable' or 'earned on receipt,' and keep it out of the trust account?
No. A fee paid in advance for future work must go into a client trust account and may be withdrawn only as earned; any unearned part must be refunded if the representation ends. Labeling it nonrefunda…
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 …
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…
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…
How must a lawyer handle a fee that has to be split with a lawyer at another firm?
Treat the other lawyer as a third person under Rule 1.15. The opinion concludes that the lawyer who receives the fee must hold it separate from the lawyer's own property, promptly notify the other law…
After selling a law practice, can the selling lawyer stay involved to transition active client matters?
Yes, for a reasonable period. The opinion concludes that a lawyer selling a practice under Rule 1.17 must stop taking new matters in the sold area but may help the buyer transition active matters for …
Can a lawyer sell legal services through a daily-deal or group-coupon site like Groupon?
Coupon-style deals can be structured to comply, but prepaid deals are harder. The opinion concludes the marketer's retained percentage is an advertising cost (not fee sharing) if reasonable, and that …
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 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 take a mortgage or other security interest in a client's property to make sure the fee gets paid?
Yes, with safeguards. The opinion concludes a lawyer may take a contractual security interest in a client's property to secure a fee if the lawyer complies with Rule 1.8(a)'s business-transaction prot…
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 …
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…
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 …
Can a lawyer let clients pay their legal fees with a credit card?
Yes. The opinion withdrew four older opinions that had restricted credit-card payment of legal fees, concluding that the advertising provisions of the 1983 Model Rules left lawyers free to permit or e…
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…
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…
Can a lawyer defending a civil case charge a contingent fee based on the amount of money the defense saves the client, rather than on a plaintiff's recovery?
The opinion concluded that the Model Rules do not prohibit a 'reverse' contingent fee for a civil defendant (a fee measured by money saved the client), provided the amount saved is reasonably determin…
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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.