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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What are an Alabama lawyer's ethical duties when using AI tools like ChatGPT in legal practice?
AI creates no new ethical duties but recontextualizes existing ones. An Alabama lawyer must independently verify AI output, safeguard client data, supervise AI as a nonlawyer assistant, bill only for …
When an Alabama lawyer is hired to help administer or probate an estate, who is the lawyer's client, the personal representative or the estate's beneficiaries?
Ordinarily the personal representative is the lawyer's sole client, not the beneficiaries. The lawyer must clarify under Rule 4.3 that he does not represent the beneficiaries, and if the personal repr…
How long must an Alabama lawyer keep a client's file, who owns it, and can the lawyer store client files in the cloud?
The file belongs to the client and must be kept at least six years after the matter ends (longer or indefinitely for wills, estate, tax, criminal, and business files). The lawyer must return the entir…
What must an Alabama lawyer do when a client intends to commit perjury, or when the lawyer learns the client has already lied under oath?
The lawyer must first try to dissuade the client; if the client insists on testifying falsely, the lawyer must refuse to offer it and move to withdraw. If the lawyer learns of past perjury and the cli…
In Alabama, can a law firm hire a temporary or contract lawyer through a staffing agency, and what conflict, confidentiality, consent, and fee rules apply?
Yes. A firm may use a temporary lawyer placed by a staffing agency if it runs conflict checks (the temp is treated as a firm member for Rule 1.10), safeguards confidentiality, informs the client and o…
In Alabama, must a lawyer scrub metadata before sending an electronic document, and is it ethical to mine metadata from a document received from another party?
A lawyer must use reasonable care under Rule 1.6 to prevent disclosure of confidential metadata when sending electronic documents, and, absent a court's authorization, may not mine metadata from a doc…
If a paralegal or other nonlawyer employee moves from one firm to an opposing firm during pending litigation, can a screen ('Chinese wall') keep the new firm from being disqualified?
No, not on the firm's own say-so. The opinion overrules its earlier screening opinions and holds a nonlawyer is judged by the same standard as a lawyer: a firm that hires a nonlawyer who acquired conf…
Can a lawyer paid by an insurer to defend an insured follow the insurer's litigation-management guidelines and send bills to a third-party auditor?
Not where they cross the line. The opinion concluded a lawyer must not let an insurer's litigation-management guidelines interfere with the lawyer's independent professional judgment, and must not dis…
When a public-body client is subject to an open-meetings law, can the lawyer keep attorney-client discussions confidential, or must legal advice and strategy be aired in a public meeting?
The opinion concluded that, for purposes of the Rules of Professional Conduct, the lawyer's confidentiality duty under Rule 1.6 outweighs the open-meetings statute, and the protection covers attorney-…
Can a criminal defense lawyer represent a defendant when the key eyewitness is a former client whose confidential information could be used to impeach him?
No. The opinion concluded the defense lawyer is disqualified because a presumption exists that the lawyer gained confidential information during the prior representation, and the real risk that it cou…
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…
Is a firm disqualified from suing a person one of its lawyers briefly advised earlier, and how is 'substantially related' determined?
It depends on the trial court's findings. The opinion concluded that under Rule 1.9, the firm is disqualified if the present suit is substantially related to the prior representation or if the lawyer …
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…
Can government attorneys use information from a grand jury investigation to bring a civil suit against the same target their office investigated?
The opinion concluded that using grand jury information to bring a civil suit against the target does not violate Rule 1.11, provided the same governmental agency that convened and conducted the grand…
How long must a lawyer keep closed client files, how should they be stored, and how may they be destroyed?
The opinion concluded a lawyer has no general duty to keep files permanently; files should be sorted into categories, with client-property documents retained indefinitely and others kept a reasonable …
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 …
What must insurance defense counsel do after learning facts that would defeat the insured's coverage?
The opinion concluded that counsel is impliedly authorized to disclose to the insurer only that a coverage question exists, with a request to appoint independent counsel for the insured; absent that l…
When a former client subpoenas her own file, must the lawyer turn it over, and how does he protect privilege against the other parties?
The opinion concluded the client has a right to documents from her own file, with or without a subpoena (absent a fee dispute or attorney's lien), and to a full accounting of funds handled on her beha…
Can a lawyer represent a husband in a divorce after having represented the wife in an earlier estate matter?
The opinion concluded the lawyer should withdraw: a lawyer may take a matter adverse to a former client only if there is no substantial relationship to the prior representation and the lawyer could no…
Can a law firm publish a 'tombstone' announcement naming the deals it worked on and the clients involved?
The opinion concluded a firm may publish 'tombstone announcements' of its participation in selected transactions, naming the clients, but only with each client's prior consent after full disclosure, a…
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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.