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 a criminal defense lawyer advise a client to waive ineffective-assistance-of-counsel claims in a plea deal, and can a prosecutor demand that waiver?
No to both. Advising a client to waive IAC claims against that same lawyer violates Rules 1.7(b) and 1.8(h), and a prosecutor who requires the waiver violates Rule 8.4(a).
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 lawyer represent criminal clients when a partner serves as a part-time municipal court judge or part-time assistant district attorney?
A partner or associate of a regularly serving part-time municipal court judge may not represent clients in that court, because the conflict is imputed under Rule 1.10. A partner of a part-time assista…
Can a lawyer whose firm represents a city in civil matters also defend criminal clients in that city's municipal court, and can the resulting conflict be waived?
The conflict between representing the city and defending criminal clients prosecuted by the city is a direct, materially limiting conflict, and the opinion calls waiver highly questionable, but it dec…
Can a prosecutor try cases against criminal defendants who are represented by the prosecutor's sibling?
Only with consent. The opinion concluded a prosecutor may try cases defended by the prosecutor's brother only if both the district attorney's office and the brother's clients give informed consent aft…
When a former defense lawyer joins a district attorney's office, must the whole DA's office be disqualified from cases the new hire defended?
The opinion concluded that a district attorney and the other assistants are not vicariously disqualified under Rule 1.11 when a newly hired assistant previously appeared as defense counsel, so long as…
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…
Can a part-time assistant district attorney represent a homicide victim's estate in a civil wrongful-death case while the criminal matter is still pending?
The opinion concluded a part-time assistant district attorney may represent the victim's estate in the civil wrongful-death action, having obtained the consent of both the estate's personal representa…
Can a lawyer's firm serve as a city's prosecuting attorney when a member of that firm sits on the same city's council?
The opinion concluded a lawyer or a member of his firm may act as prosecuting attorney for a city while the lawyer serves on that city's council, because the prosecutor role is not adverse to the City…
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…
Is an entire district attorney's office disqualified when it prosecutes a defendant who is also the victim and main witness in another case the office is handling?
The opinion concluded one prosecutor's conflict is not imputed to the whole office; the DA and assistants are not per se disqualified from prosecuting a defendant who is also a victim/witness in anoth…
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 part-time city prosecutor also defend criminal cases and handle civil litigation in state court as a private lawyer?
The opinion concluded a city prosecutor may defend criminal cases and represent civil litigants in state court as a private lawyer, provided no municipal police officers are involved, the criminal cha…
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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.