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 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…
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…
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…
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…
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 …
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, …
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…
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 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…
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…
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 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…
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.