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.
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…
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.…
Can a lawyer contact an opposing organization's in-house counsel directly when outside counsel represents the organization in the matter?
Generally yes. The opinion concludes Rule 4.2 does not bar a lawyer from communicating with an organization's inside counsel about the matter without the consent of its outside counsel, because inside…
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 private party is in a dispute with a government agency that has its own counsel, may the party's lawyer talk directly to government officials, or must she always go through the agency's lawyer?
The opinion concluded that Rule 4.2 generally protects a represented government entity from unconsented contacts the same way it protects a private organization, but the constitutional right to petiti…
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 may a lawyer contact someone she knows is represented by another lawyer, and does the no-contact rule reach criminal investigations, a corporation's employees, and contacts the represented person starts herself?
The opinion concluded that Rule 4.2 bars a lawyer from communicating about the matter with any person she knows to be represented in it, in both civil and criminal cases, without that person's lawyer'…
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…
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…
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 …
Can a lawyer contact a former employee of an adverse corporation, without the corporation's lawyer's consent, to discuss the subject of the representation?
The opinion concluded that the no-contact rule, Model Rule 4.2, does not extend to former employees of an opposing corporate party, so a lawyer may communicate with an unrepresented former employee ab…
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.