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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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…
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…
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 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…
Must assistant attorneys general assigned to a state department withdraw from defending the department's former head when the attorney general sues that former head?
The opinion concluded the assistant and deputy attorneys general assigned to the department face a non-consentable conflict and must withdraw from defending the former Commissioner, because the Attorn…
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 …
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 withdraw when the client ignores advice and keeps escalating a personal feud with the opposing party, damaging the case?
The opinion concluded the firm may ethically withdraw under Rule 1.16(b)(3) where the client refuses to follow advice and insists on pursuing a course the lawyer considers repugnant or imprudent, subj…
Does the lawyer-as-witness rule bar a lawyer from doing pre-trial work, and must she withdraw if she might be called only to impeach a defense witness?
The opinion concluded Rule 3.7's lawyer-witness prohibition does not apply to the pre-trial phase, so the lawyer may continue through discovery; she must withdraw from the trial only if she becomes li…
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 …
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 client (or former client) asks for the file, what must the lawyer hand over, and can the lawyer hold it back over unpaid fees?
The opinion concluded the file belongs to the client: subject to the statutory attorney's lien, a lawyer must surrender to the client (on request) materials the client furnished and original documents…
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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.