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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When does a California lawyer become responsible for a profile on a third-party online directory or rating website?
Per California Formal Opinion 2019-199, an attorney becomes responsible for a third-party directory profile when the attorney 'adopts' or otherwise uses it to market the practice, at which point Rules…
When does a California attorney's blog become regulated advertising under the Rules of Professional Conduct?
Per California Formal Opinion 2016-196, a blog is a 'communication' subject to advertising rules only if it expresses the attorney's availability for professional employment, either by express invitat…
When are a California lawyer's posts on Facebook, Twitter, or other social media subject to the rules governing attorney advertising?
Per California Formal Opinion 2012-186, a social-media post is subject to former Rule 1-400 if it is a 'communication' concerning the lawyer's availability for professional employment; routine status …
Does a law-firm website disclaimer that an 'attorney-client relationship' or 'confidential relationship' is not formed defeat a visitor's reasonable expectation that information typed into the firm's intake form will be kept confidential?
Per California Formal Opinion 2005-168, no. A bare disclaimer that no attorney-client or 'confidential relationship' is formed does not defeat the visitor's reasonable belief that the consultation is …
Can a California private law firm use a trade name (like 'Workers' Compensation Relief Center') or a current/former governmental title in its name, letterhead, or business cards?
Per California Formal Opinion 2004-167, an attorney may not use a firm trade name or professional designation that implies, or tends to confuse the public into believing, a connection with a governmen…
Can a California lawyer post in an Internet chat room dedicated to victims of a recent mass disaster to offer her services?
Per California Formal Opinion 2004-166, the attorney's communication is not a prohibited 'solicitation' under former Rule 1-400(B) because the rule's 'in person or by telephone' bright-line does not e…
What ethical duties does a California lawyer owe when hiring an outside contract attorney to make court appearances, and what duties does the contract attorney owe to the hiring lawyer's client?
Per California Formal Opinion 2004-165, the hiring lawyer must disclose the contract attorney's involvement when it is a significant development under former Rule 3-500 and Business and Professions Co…
Does answering legal questions live on a radio call-in show create an attorney-client relationship with the caller?
Per California Formal Opinion 2003-164, the call-in radio show context, with screening, on-air confidentiality disclaimers, generalized answers, and referrals to local counsel, does not provide a basi…
Is a California law firm's public Internet website (describing the firm and offering email contact) a regulated 'communication' or 'solicitation' under former Rule 1-400, and what cross-jurisdictional considerations apply?
Per California Formal Opinion 2001-155, the website is a 'communication' under former Rule 1-400(A) and an 'advertisement' under Business and Professions Code sections 6157-6158.3, so all rules agains…
When a California lawyer also offers non-legal services like investment advising, when do the Rules of Professional Conduct apply, can the lawyer market with 'Esq.' and tax credentials, and is a referral commission from a portfolio manager a Rule 1-320 fee-share?
Per California Formal Opinion 1999-154, when the same lawyer is providing legal and non-legal services to a client, all of the services are subject to the Rules; Rule 1-400 applies to non-legal market…
When California lawyers share office space, staff, or facilities without forming a law firm, what must they do to comply with their ethics duties regarding the public and client confidentiality?
Per California Formal Opinion 1997-150, office-sharing or staff-sharing attorneys must take reasonable steps under the circumstances to ensure clients and potential clients are not deceived, misled, o…
If a California lawyer prepares living-trust documents that a non-lawyer marketer sells to the public through seminars, with the marketer steering every prospect toward a living trust and controlling the engagement, what California ethics rules does the lawyer violate?
Per California Formal Opinion 1997-148, when a lawyer permits a non-lawyer who markets living-trust packages to hold out to the public that the lawyer will prepare the documents, while letting the mar…
Can a California lawyer send an investigator to interview accident victims and witnesses when the lawyer does not yet represent any client in the matter?
Per California Formal Opinion 1995-144, clientless investigations risk violating former Rule 1-400(C). If the investigator, with the lawyer's express or implicit authorization, conveys any message abo…
Can a California lawyer hire a 'medical liaison' to give a promotional presentation to physicians who may then refer patients, and how does Rule 1-400 apply across the chain from lawyer to liaison to physician to patient?
Per California Formal Opinion 1995-143, the liaison's promotional presentation is a 'communication' subject to former Rule 1-400. The lawyer may be disciplined for untrue statements or other violation…
Can a California criminal defense lawyer send targeted direct-mail letters ('jail mail') to recently arrested people based on police booking records, and what rules govern the letter's content, transmission, and the use of a non-attorney service to compile the list?
Per California Formal Opinion 1995-142, truthful and non-deceptive direct mail marketing of legal services is constitutionally permitted under Shapero, but targeted mailings to arrestees are subject t…
When a California lawyer or law firm provides non-legal services to a client, directly, through a non-lawyer employee, or through a lawyer-owned entity, what conflicts-of-interest, confidentiality, advertising, and fee-sharing rules apply?
Per California Formal Opinion 1995-141, a lawyer may render non-legal services to a client directly, through a non-lawyer employee, or through a lawyer-owned entity, but must comply with the Rules of …
How many firms can a California 'of counsel' lawyer simultaneously serve, and what conflicts checking is required across those firms?
Per California Formal Opinion 1993-129, there is no fixed numerical limit on 'of counsel' relationships; the limit is qualitative. The relationship must be 'close, personal, continuous, and regular' u…
May a California attorney telephone-solicit a personal injury victim about a specific claim, or solicit by targeted mail, and can the client later waive 'improper solicitation' in the retainer?
Per California Formal Opinion 1988-105, telephone solicitation of a specific person about a specific case for pecuniary gain is improper; targeted-mail solicitation is permitted if the communication i…
Can solo practitioners who only share office space advertise under one firm name, and can a firm keep a departed partner's name?
The committee concluded that sole practitioners who merely share office space may not advertise under a joint firm name without each disclosing that he or she is a separate sole practitioner, and that…
Can a lawyer mass-mail real estate brokers offering a fee discount to clients they refer?
The committee concluded that a lawyer should not mass-mail brokers offering discounted fees for referred clients, because it risks paying for referrals, uncontrolled advertising on the lawyer's behalf…
Can a California lawyer mail nonclients letters quoting fees for routine services and describing the firm's qualifications?
The committee concluded that mailing nonclients letters that state fees and costs for routine legal services and describe the firm members' qualifications is not prohibited, so long as the letters are…
Can a California law office practice under a trade name instead of the lawyers' own names?
The committee concluded that the 1979 repeal of former Rule 2-103(B) permits California attorneys to practice under a trade name, so long as the name is not false, deceptive, or misleading under forme…
Can a lawyer donate legal services to be auctioned off by a charity as a fundraiser?
The committee concluded that nothing expressly prohibits a lawyer from donating legal services for a charitable auction, but the lawyer must observe several rules: accurately describe the services, av…
Can a lawyer solicit business directly from another lawyer, including in-house counsel, to win that company as a client?
The committee concluded that former Rule 2-101 did not prohibit a lawyer from recommending his or her own employment to another lawyer, including a lawyer who is in-house counsel to a business, even w…
Can a law firm send unsolicited letters to businesses describing the services it offers, and where is the line between advertising and prohibited solicitation?
The committee concluded that, under former Rule 2-101, a firm may send unsolicited letters to potential business clients describing its services so long as the letter does not refer to the recipient o…
Can a lawyer tip off a general-circulation newspaper about a change of address, new firm affiliation, or promotion so it gets printed in the business section?
The committee concluded that it is improper for a member of the State Bar to advise a nonlegal newspaper of changes in the attorney's address, professional affiliation, or status, even when the public…
Can a lawyer take part in a public estate-planning lecture series, alongside nonlawyer specialists, that will be taped and shown on cable television?
The committee concluded that an attorney's participation in a televised estate-planning lecture series with nonlawyer specialists would be ethical and proper, distinguishing its earlier radio opinion …
Can lawyers who are not actually partners list their names together under one firm name on letterhead, an office door, or a law list?
The committee concluded that for attorneys who are not true partners to list their names together as a single firm name is ethically improper, because the firm name falsely suggests a partnership that…
Can a lawyer print a union 'bug' on the firm's letterhead or let clerical staff add union local symbols to correspondence?
The committee concluded that using a union printing 'bug' on a lawyer's letterhead, and permitting clerical staff to place union local symbols on correspondence, were objectionable as a form of advert…
Can a patent law firm take an additional phone-directory listing under a broader heading, and can it list an employed nonlawyer patent agent's name above the firm name?
The committee concluded that a patent law firm could list only under the segregated 'Patent Lawyers' heading and not also under a broader 'Patent Attorneys and Agents' heading, and that listing an emp…
Can a lawyer consent to having his name appear in an investment promoter's advertising as the author of a tax opinion when state regulators require counsel to be named?
The committee concluded that consenting to the use of his name was not improper and did not violate former Rule 2, because the disclosure was made in the public interest under a Commissioner of Corpor…
Can a lawyer join a nonlawyer consulting firm to provide legal services to its clients and be featured in the firm's marketing brochure?
The committee concluded that including the lawyer's biographical sketch in the firm's client brochure was improper advertising under former Rule 2, and that joining the firm (as partner, associate, or…
Can a local lawyer host a radio program discussing legal topics and taking audience phone calls?
The committee concluded that, where a local attorney would be introduced by name as a local lawyer on a station in the town where he practices, his participation in such a broadcast series would resul…
Can a lawyer teach a private course on legal fundamentals to lay persons without violating the advertising rules?
The committee concluded that, on the stipulated conditions (no use of the lawyer's name, firm, or office in advertising; only hypothetical questions; no acceptance or referral of attendees as clients)…
Can a lawyer send clients pamphlets urging them to review their wills and recommend an in-office specialist?
The committee concluded that State Bar pamphlets could be placed in reception rooms and sent only to selected clients with circumspection, that a lawyer could tell an existing client another attorney …
Can attorneys let their names and that they are lawyers appear in a paid political advertisement?
The committee concluded that paid advertisements on political or public-interest issues that list individual attorneys' names and identify them as lawyers did not violate former Rule 2 or former ABA C…
Can a law firm list itself in the classified telephone directory of a community where it has no office?
The committee concluded that a proper, nondistinctive classified listing in an out-of-town directory was permissible where the lawyer or firm actually practiced in that community, a fact question, but…
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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.