Alabama State Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Alabama State Bar, with full citations and source links on every page.
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Can an Alabama lawyer offer limited-scope (unbundled) services and ghostwrite pleadings for a pro se litigant without disclosing the help to the court?
Yes. Rule 1.2 permits unbundled legal services, and a lawyer ordinarily need not disclose ghostwriting a pro se litigant's pleading if a valid limited-scope agreement exists, the involvement is not ma…
How may an Alabama lawyer bill a client for costs and expenses, and what billing practices for fees and expenses are improper?
A lawyer may pass through actual costs but not general overhead, and may not surcharge disbursements, bill more than one client for the same hours, or recycle prior research as new billable time. The …
Can an attorney serving as a guardian ad litem communicate ex parte with the judge about the case?
No. The opinion concluded that a guardian ad litem is an advocate for the ward, not an adviser to the court, so the same Rule 3.5 ban on ex parte communication that applies to any lawyer applies to a …
Can a lawyer take a child-support-arrearage collection case on a contingency fee?
Rarely. Because the state now collects back child support for free, the opinion concluded a contingent fee is almost never in the child's best interest; it is permitted only on a good-faith best-inter…
Can the same lawyers represent two separate plaintiff classes in different suits against the same defendants without a conflict of interest?
Yes, on the facts presented. The opinion concluded there was no present conflict where two plaintiff classes were not competing for a limited pool of recovery and their interests were not adverse, tho…
If one law firm hires a second firm that is its frequent courtroom adversary, must both firms tell their existing clients and get consent?
Not necessarily. The opinion concluded the two firms need not notify their clients or obtain consent if, but only if, the lawyers involved make a good-faith determination that the firms' attorney-clie…
When a client is too emotionally unstable to assist in the case or make decisions, can the lawyer seek a guardian and disclose the client's condition to the court?
The opinion concluded that, under Rule 1.14, a lawyer may seek appointment of a guardian or take other protective action when the lawyer reasonably believes the client cannot adequately act in the cli…
When a lawyer learns a client or prospective client has a serious mental disorder, can the lawyer prepare documents or file suit for them, and when may the lawyer seek a guardian?
The opinion concluded a lawyer may seek appointment of a guardian or take other protective action only when the lawyer reasonably believes the client cannot adequately act in the client's own interest…
If a client gave a false answer on a bonding application and won't fix it, can the lawyer tell the bonding company or the court, or must the lawyer withdraw?
The opinion concluded the lawyer cannot disclose the client's past fraud under Rule 1.6 because neither of Rule 1.6(b)'s narrow exceptions applies, but if the lawyer's services are being used to furth…
Is an insurer that the firm represents through its insureds an 'existing client' for conflict purposes, so the firm cannot sue it for another client?
Yes. The opinion concluded that a lawyer retained by an insurer to defend insureds represents both the insured and the insurer as clients, so the insurer is an existing client, and under Rule 1.7(a) t…
Does Alabama follow ABA Formal Opinion 93-379 on how lawyers may bill for fees, disbursements, and expenses?
The opinion concluded that ABA Formal Opinion 93-379 correctly states the rule for Alabama lawyers on billing for professional fees, disbursements, and other expenses, and it incorporated that ABA opi…
Can a lawyer call a retainer or advance fee 'non-refundable' in the fee agreement?
The opinion concluded a lawyer may not characterize a fee as non-refundable or use language suggesting that a fee paid before services are rendered is not subject to refund or adjustment, because it i…
Can a lawyer charge a truly non-refundable retainer, and can a defendant require plaintiff's counsel to sign a broader confidentiality clause than the client?
The opinion concluded no retainer may be non-refundable to the extent it exceeds a reasonable earned fee, and that because a lawyer must abide by the client's decision to settle, a lawyer may enter a …
When a lawyer leaves a firm, can he tell his clients they may follow him, and how should the client files be handled?
The opinion concluded a departing lawyer may tell affected clients they can keep their file at the old firm, move it to his new practice, or take it to any other lawyer; he may prepare a client-signed…
Does a lawyer have to tell a client she could file a bar grievance against her former lawyer?
The opinion concluded a lawyer has no ethical obligation to advise a client that she may have grounds to file a grievance against another lawyer, but the lawyer does have an obligation to report unpri…
Can one lawyer represent both the buyer and the seller in a real estate closing?
The opinion concluded a lawyer may represent both the buyer and the seller in a real estate transaction, including doing the title work, if both parties consent after full disclosure of the potential …
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Legal ethics opinions from the Alabama State Bar 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.