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.
No State Bar of California opinions match these filters
Try a different search term or clear the filters.
When a third party pays the lawyer's fees for the client and unused funds remain in the trust account at the end of the case, who gets the refund?
Per California Formal Opinion 2013-187, absent a fee agreement specifying otherwise, the lawyer must return the surplus to the third-party payor, not the client, because the concept of 'refund' implie…
When does a California lawyer violate the rule against inducing a substantial gift from a client?
Per California Formal Opinion 2011-180, a lawyer who demonstrates by words or conduct an intent to cause a client to give the lawyer a substantial gift violates former Rule 4-400, and whether a gift i…
When a settlement check in a California personal injury matter is made jointly payable to the client, the former attorney with a charging lien, and successor counsel, may the former attorney refuse to endorse it without violating former Rule 4-100(B)(4), and what must she do with the undisputed portion the client demands?
Per California Formal Opinion 2009-177, yes, the former attorney may refuse to endorse, because endorsing would extinguish her charging lien under Civil Code section 2913 (per Feldsott). But she must …
May a California attorney accept payment of earned legal fees, deposits for unearned fees, and advances for costs and expenses by credit card?
Per California Formal Opinion 2007-172, yes for earned fees and yes for deposits of unearned fees, in each case taking care to discharge the duty of confidentiality (the charge-slip description must b…
May a California attorney deposit a client's will with a private will depository or register a client's will with a private will registry without the client's express consent, where the attorney cannot locate the client?
Per California Formal Opinion 2007-173, no for a will depository, because Probate Code sections 700 et seq. provide the exclusive means for terminating a deposit; depositing the will with a private de…
Once an attorney has properly withdrawn a fee from the Client Trust Account at the earliest reasonable time after the interest became fixed, does the attorney have to redeposit the fee if the client later disputes it?
Per California Formal Opinion 2006-171, no. Once a fee has been properly withdrawn from a CTA under former Rule 4-100(A)(2), the funds cease to have trust account status; a later client dispute is a m…
Does the inclusion of a charging lien in a contingency fee agreement require California compliance with former Rule 3-300, including written advice to consult independent counsel and written client consent?
Per California Formal Opinion 2006-170, no. A charging lien is a natural corollary of a contingency fee agreement and does not create an 'adverse interest' under former Rule 3-300, distinguishing *Fle…
May a California attorney maintain overdraft protection on a Client Trust Account, what must the attorney do if a CTA check is dishonored, and when must earned fees be withdrawn from the CTA?
Per California Formal Opinion 2005-169, overdraft protection on a Client Trust Account is permissible only if it covers exactly the amount of the overdraft plus reasonable bank charges, not a residue …
How long must a California lawyer keep a former client's closed file, and when may the lawyer destroy it?
Per California Formal Opinion 2001-157, original papers and property the client gave the lawyer (including documents delivered under Probate Code section 710) are governed by the law of deposits or th…
Under former California rules, may a probate lawyer receive the statutory probate legal fee from the estate and, separately, personal compensation from the executor for performing some of the executor's duties?
Per California Formal Opinion 1993-130, yes, but only if (i) the estate is not paying twice for the same service, (ii) the lawyer obtains the executor's informed written consent, (iii) the agreement c…
What does a California lawyer do when the client demands the entire personal-injury settlement be paid to the client, but the lawyer and client previously acknowledged a health care provider's lien on the funds?
Per California Formal Opinion 1988-101, the committee identified interpleader as the safest course. As an alternative, the committee opined the lawyer may contact both parties stating the existence an…
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…
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…
Can a lawyer take a promissory note or a security interest from a client to secure payment of fees?
The committee concluded that a lawyer may take a promissory note or a lien or other security interest to protect fees for services, but only in strict compliance with former Rule 5-101, which required…
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…
If a California lawyer or legal aid office holds client funds in trust but cannot locate the clients, can the lawyer move that money into the firm's general account?
The committee concluded the transfer would be improper. Former Rule 8-101 required client funds to stay in an identifiable trust account with no commingling and recognized no exception for unclaimed f…
Browse State Bar of California opinions by topic
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.