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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What must a California civil-trial lawyer do when a client's witness has testified or will testify falsely?
Under California Formal Opinion 2019-200, an attorney may use evidence that is merely suspected to be false but must refuse to present testimony known to be perjured even on the client's instruction; …
May a California lawyer who must withdraw because the client's claim lacks merit try to settle the case before withdrawing?
Per California Formal Opinion 2019-198, yes. The attorney's duty under Rule 1.16(d) to avoid reasonably foreseeable prejudice may be satisfied by negotiating a settlement before withdrawal, provided t…
When a California lawyer must withdraw because the client is pursuing the case for improper purposes, what may the lawyer tell the court about the reason, and what must the lawyer do if ordered to disclose confidential client communications in camera?
Per California Formal Opinion 2015-192, the lawyer may disclose only as much as is reasonably necessary to demonstrate the need to withdraw; ordinarily 'ethical considerations require withdrawal' or '…
In a transactional negotiation, does a California lawyer have a duty to alert opposing counsel to (A) an apparent material error opposing counsel made or (B) a material change the lawyer made in revised contract language?
Per California Formal Opinion 2013-189, no duty arises in Scenario A if the lawyer did not induce opposing counsel's error; in Scenario B, once the lawyer realizes that an unintended defect in the red…
If a California lawyer receives from a third party what appears to be a privileged communication between opposing counsel and opposing counsel's client, can the lawyer read it under a crime-fraud theory?
Per California Formal Opinion 2013-188, the lawyer may not read the communication even if she suspects the crime-fraud exception applies; she must promptly notify opposing counsel and may not use the …
When a California client tells her new lawyer not to notify her prior lawyer (who has a valid charging lien on the recovery) of a settlement, what may and must the successor lawyer do with the disputed fees held in her trust account?
Per California Formal Opinion 2008-175, the successor lawyer must first counsel the client on the adverse consequences of concealing the settlement, then, if the client persists, must nonetheless disc…
When discovery sanctions are sought (or awarded) against a California lawyer and the client jointly, what must the lawyer do to satisfy the duties to inform the client, oppose the motion, and (where necessary) withdraw?
Per California Formal Opinion 1997-151, a motion for discovery sanctions against the lawyer and client is ordinarily a significant development the lawyer must communicate under former Rule 3-500; an o…
May a California lawyer pay a non-expert witness for time spent preparing for a deposition or trial, even when preparation does not cause a loss of income?
Per California Formal Opinion 1997-149, a lawyer may pay a non-expert witness for time spent preparing for a deposition or trial, but must comply with former Rule 5-310(B). Compensation for preparatio…
If a California lawyer discovers that the client is committing an ongoing fraud and the client has used the lawyer's services to advance it, what may the lawyer say, what must the lawyer refuse to do, and when must the lawyer withdraw?
Per California Formal Opinion 1996-146, the lawyer must preserve client confidences under Business and Professions Code section 6068(e) and may not disclose the fraud, but also must not participate in…
If a California civil defense lawyer has been served with a complaint, the answer is due, and the client has disappeared, what may the lawyer do, and what must the lawyer disclose to the court or to opposing counsel?
Per California Formal Opinion 1989-111, the attorney must take reasonable steps to avoid reasonably foreseeable prejudice (including filing the answer where appropriate), make a diligent effort to loc…
May a California attorney communicate with a juror who has been removed from an empaneled jury for misconduct before the rest of the jury is discharged?
Per California Formal Opinion 1988-100, no. The committee opined that under former Rule 7-106(B), a discharged juror remained a 'juror' for purposes of the rule until the entire empaneled jury was dis…
May trial counsel in California discuss evidence that was excluded at trial with jurors after the jury has been discharged?
Per California Formal Opinion 1987-95, former California Rule 7-106(D) did not bar discussion of excluded evidence with jurors after discharge of the jury, provided counsel did not intend to harass or…
Must a lawyer disclose and get consent when a friend, or a spouse who is the courtroom bailiff or reporter, is involved in the case?
The committee concluded that a criminal defense lawyer must disclose and obtain the client's consent when a close personal friend who is a police officer will testify against the client on a contested…
If a client gives a lawyer stolen property, what can the lawyer reveal, and can the lawyer trade its return for the victim not prosecuting?
The committee concluded that a lawyer may not disclose the fact of a client's theft, which is a protected confidence, but if the lawyer takes possession of the stolen property the lawyer must reveal i…
Must a criminal defense lawyer reveal a client's prior conviction at sentencing if it's a public record and the court doesn't know?
The committee concluded that a lawyer may not reveal the client's prior conviction without consent, because it is a protected confidence and secret even though it is a public record, but the lawyer al…
Can a lawyer communicate ex parte with a workers' comp rehabilitation consultant who is running a conference?
The committee concluded that the rule barring ex parte communications with a judge or judicial officer (former Rule 7-108(B)) does not apply to a State Rehabilitation Bureau consultant, because the co…
Is an administrative law judge a 'judge' for the ex parte communication rule, and can a lawyer contact the agency head?
The committee concluded that an administrative law judge is a 'judge' under former Rule 7-108(B), and that no lawyer should communicate ex parte with the agency head while the agency is deciding a con…
Can a lawyer talk privately to the trial judge while the case is on review in a higher court?
The committee concluded that a lawyer may not communicate ex parte with a trial judge on the merits of a contested matter that is on review and may return to that judge, because the matter is still 'p…
What must a criminal defense lawyer do with physical evidence of a crime the client hands over?
The committee concluded that a criminal defense lawyer who takes possession of physical evidence of a crime must turn it over to the prosecution after a reasonable time, but if merely told the locatio…
What must a lawyer do when a client commits perjury during a civil bench trial?
The committee concluded that a lawyer may not disclose a client's testimonial perjury without consent, but must pursue remedial steps, move to withdraw if those fail, and if withdrawal is denied may n…
If a lawyer does not pay a court reporter's bill, is that an ethics violation, and when can it lead to discipline?
The committee concluded that failing to pay a reporter's reasonable contracted fees is unethical, but it subjects the attorney to discipline only where the attorney intended not to pay at the time he …
Is it ethical for a lawyer to request or agree to a trial date the lawyer knows or intends not to honor?
The committee concluded that if an attorney requests or agrees to a trial date he does not intend to keep, or knows he cannot meet, his conduct involves deceit and misrepresentation, which is not only…
Can a lawyer record a telephone conversation with another lawyer or a layperson without a warning tone?
The committee concluded that, given the FCC order and telephone-company tariffs then in force, recording a telephone conversation without the required 'beep' warning tone violated the law and was ther…
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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.