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 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…
How much does a lawyer have to investigate a client before taking the matter to avoid assisting a crime or fraud, and when does that duty come up again later?
Under amended Model Rule 1.16(a), a lawyer must make a reasonable, risk-based inquiry before each representation, and renew it when later facts raise questions about whether the client is using the la…
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 …
What client-intake tasks can a lawyer delegate to a nonlawyer assistant, and which questions from a prospective client must the lawyer answer?
A lawyer may train and supervise a nonlawyer to gather intake information, run an initial conflict check, answer general questions about fees and process, and obtain a signature, as long as the prospe…
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…
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 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 …
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…
Does a court-appointed lawyer owe the usual duties to a competent defendant who refuses to be represented?
No. The opinion concludes the client-lawyer relationship is consensual, so a lawyer appointed over a competent defendant's objection has no client and owes none of the Rules' client-relationship dutie…
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.