State Bar of California Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the State Bar of California, with full citations and source links on every page.
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Can a lawyer take a case against people who were clients of the lawyer's former firm, when the lawyer never worked on their matter or learned their confidences?
The committee concluded that a lawyer may represent a client against people who were clients of a former associate where the lawyer obtained no confidence or secret about them and did no work on their…
Can a California lawyer put a binding fee-arbitration clause in a retainer agreement that the client signs before any fee dispute exists?
The committee concluded that a lawyer may not condition employment on a client's advance agreement to binding fee arbitration; a binding waiver of the right to a trial de novo may be made only after a…
Can a lawyer guarantee or indemnify a client's litigation cost bond, and does the size of the bond change the analysis?
The committee concluded that a lawyer is not ethically barred from guaranteeing a client's obligation to a surety on a litigation bond, treating it like advancing litigation costs, but that for a rela…
Can a public defender represent a defendant when a witness against that defendant is a former client of the same public defender office?
The committee concluded that counsel, including a public defender, may not represent a defendant where a former client of the office is a witness against the new client and it is reasonably foreseeabl…
Can a prosecutor interview a represented defendant as a possible witness in another case, and can one defense lawyer keep representing two defendants once one may testify against the other?
The committee concluded that a district attorney may not contact a defendant he knows to be represented by counsel, even to discuss another defendant's case or uncharged conduct, and that defense coun…
Can a lawyer require a new client to agree, as a condition of being hired, to arbitrate any future legal malpractice claims against the lawyer?
The committee concluded a lawyer may not condition employment on the client's agreement to arbitrate future malpractice claims unless the lawyer is satisfied the client is fully advised of the possibl…
Can a lawyer who sits on a city council represent a client against that city, such as defending a criminal case the city prosecutes or negotiating a contract with the city?
The committee concluded that an attorney-council member may not defend a client the city is prosecuting, may not represent a client negotiating a contract with the city, and may not take unrelated mat…
When a district attorney represents a minor 'in the interest of the state' in a juvenile dependency case, what should the DA do if the minor's wishes conflict with the state's interest?
The committee concluded the district attorney should consider whether the minor's interests conflict with 'the interest of the state' that the statute requires the representation to serve, and, where …
Can one lawyer represent a client both as the administrator of an estate (with the will annexed) and individually as a pretermitted heir claiming a share of that estate?
The committee concluded the representation is proper. The administrator with the will annexed is, in an heirship proceeding, essentially a stakeholder whose representative-capacity interests are not t…
In a child custody case, can a lawyer tell the court that the client's interests conflict with the child's when the lawyer learned that from the client's confidences?
The committee concluded the lawyer may not. Because the conflict was learned from the client's confidences or secrets, disclosing it (or even suggesting the court appoint separate counsel for the chil…
Can a California lawyer defend a subordinate in a criminal case when the boss pays the fee on the condition that the subordinate not cooperate with the prosecution?
The committee concluded the representation may not properly be undertaken under those facts. Even with the subordinate's informed written consent, the lawyer could not honestly assure the client that …
When a public defender represents co-defendants in a criminal case, at what point must the lawyer withdraw because of a potential conflict of interest?
The committee concluded that an attorney representing co-defendants in a criminal case should refuse or withdraw from the representation as soon as a potential conflict is recognized, not wait until t…
Can a lawyer act as an agent for a corporation soliciting personal management contracts with professional athletes?
The committee concluded that, on the stipulated conditions, the lawyer could act as the corporation's agent soliciting management contracts, because the collateral business met the ABA's criteria for …
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Legal ethics opinions from the State Bar of California 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.