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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If a lawyer once served as city attorney and now defends city officials in suits the city or its insurer may have to pay, can the lawyer take a new client against the city in an unrelated matter?
It depends on capacity and who pays. The opinion concluded that if the officials are sued in their official capacity, or in their individual capacity but the city or its insurer would pay any judgment…
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…
Is a former government official barred from representing private plaintiffs against the agency in a later case that shares only some legal issues with a matter the official handled in office?
No. The opinion concluded that under Rule 1.11(a), a former public officer is disqualified only from the same 'matter' he participated in personally and substantially, and a later case with different …
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 …
After leaving the bench, can a former judge who signed a divorce decree later represent one of those parties in a related matter?
The opinion concluded a former judge who signed the final divorce decree, whether the divorce was contested or uncontested, participated personally and substantially and may not later represent either…
When a lawyer moves firms, can he work against a client his old firm once considered, if he personally never learned anything about that client?
The opinion concluded a lawyer who moves firms is disqualified only as to matters about which he has actual knowledge of protected information; because this lawyer never represented or learned anythin…
Can a firm take a new client's case against a current client, and avoid the conflict by quietly withdrawing from representing the current client first?
The opinion concluded a firm may not represent a client directly adverse to a present client without each client's consent after consultation, and it may not sidestep the duty of loyalty by withdrawin…
Can a lawyer represent a corporate subsidiary while suing its parent company in a separate, unrelated matter?
The opinion concluded a lawyer may represent a wholly owned subsidiary and at the same time sue the parent in separate litigation, provided the subsidiary and parent are separate corporate entities, t…
Can a former assistant district attorney defend a criminal defendant on the same charges he helped investigate and indict as a prosecutor?
The opinion concluded a lawyer may not represent a criminal defendant on charges arising from an investigation and grand jury indictment in which the lawyer participated as an assistant or acting dist…
When a client's collection matter has gone dormant for years, can the firm take a new case against that same client?
The opinion concluded that a collection client whose matter has lain dormant (here, 18 months with little chance of recovery) becomes a former rather than current client, so the firm may sue that clie…
Can a lawyer sue a former workers'-compensation client years later in an unrelated car-accident case?
The opinion concluded the lawyer may represent the driver and owner of a vehicle against a former client, because a decade-old workers'-compensation representation is not substantially related to the …
Can a firm drop one current client to convert it into a 'former client' and keep representing another client who is suing it?
The opinion concluded a firm representing client A in litigation directly adverse to current client C must withdraw from that adverse representation, and it may not instead discontinue representing C …
If a part-time assistant DA once represented a parent, can the rest of the DA's office still prosecute that parent for child-support arrears?
The opinion concluded that a part-time assistant DA's disqualification from prosecuting a former client in a substantially related child-support matter is generally imputed to the district attorney an…
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…
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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.