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…
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…
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…
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…
When does a lawyer have to ask questions before helping a client with a transaction that might be a crime or fraud?
The opinion concludes that Rule 1.2(d) bars assisting a client in conduct the lawyer knows is criminal or fraudulent, that this knowledge can be inferred from circumstances and includes willful blindn…
When a lawyer leaves a firm, who notifies the clients, and can the firm impose a long notice period or block the departure?
The opinion concludes that lawyers may leave a firm and clients choose their own counsel. Firms may request only a brief notice period needed for an orderly transition and may not use rigid notice per…
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…
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, …
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 …
Do the ethics rules make a lawyer a 'gatekeeper' who must report a client suspected of money laundering?
No. The opinion concludes the Model Rules neither require nor permit a lawyer to act as a mandatory-reporting gatekeeper, but it is prudent for lawyers to perform risk-based client due diligence to av…
What must a public defender or appointed lawyer do when their caseload is too high to represent every client competently?
Stop taking cases and seek relief. The opinion concludes a lawyer whose workload prevents competent, diligent representation must decline new appointments and move to withdraw from existing cases, and…
Do I have to report another lawyer, not in my firm, whose mental impairment is hurting their clients?
Yes, in limited circumstances. The opinion concludes that a lawyer who knows another lawyer's mental condition is materially impairing her representation of clients, and who knows she keeps representi…
When I leave my law firm, can I notify clients and ask them to come with me, and which clients can I contact before I resign?
Both the departing lawyer and the firm's responsible members had to give current clients prompt, fair notice of the departure and of the client's right to choose counsel. The opinion concluded that no…
If I learn my client violated a court order during litigation, do I have to tell the judge or can I just withdraw?
It depends. The opinion concluded the lawyer had to correct any affirmative misrepresentation she had made to the court, and had to disclose the client's conduct or withdraw if continued representatio…
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…
If a civil litigator learns that the client lied in interrogatories or a deposition and produced a forged document, what must the lawyer do, and can the lawyer be forced to tell the court?
The opinion concluded that a lawyer who learns the client has lied in discovery must take all reasonable steps to rectify the fraud, and that the Rule 3.3 duty of candor toward the tribunal supersedes…
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…
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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.