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 are a California lawyer's ethical duties when working remotely or in a hybrid law-firm setting?
Remote practice does not change a California lawyer's ethical duties. Managerial lawyers must implement reasonable measures, policies, and practices to ensure compliance with the rules in a remote env…
How should a California lawyer represent a client whose decision-making capacity may be impaired, and when may the lawyer take protective action?
The opinion concludes that the lawyer should preserve a normal lawyer-client relationship insofar as possible; that informed, disinterested judgments about capacity will not be treated as unethical in…
What duties does a California lawyer owe to a prospective client who shared confidential information during an interview that did not result in representation?
Per California Formal Opinion 2021-205, the interviewing lawyer owes a prospective client the same duty of confidentiality owed to a current or former client. The lawyer (and, by imputation, the law f…
What ethical duties does a California lawyer owe when a third-party litigation funder is involved in the case?
Per California Formal Opinion 2020-204, lawyers must preserve independent professional judgment, comply with the duty of confidentiality, obtain the client's informed written consent before sharing co…
What are a California lawyer's ethical duties to prevent and respond to a data breach involving confidential client information?
Per California Formal Opinion 2020-203, lawyers must assess the risks of keeping confidential client information on electronic devices and take reasonable steps to secure those systems. After a breach…
May a California lawyer advise and assist a client in operating a cannabis business that is lawful under California law but unlawful under federal law?
Per California Formal Opinion 2020-202, yes. A California lawyer may advise and assist a client in conduct permitted by California cannabis laws even though that conduct may violate federal law, provi…
What ethical duties do a departing California lawyer and the lawyer's old firm owe to clients during the transition?
Per California Formal Opinion 2020-201, both the departing lawyer and the law firm must put the client's interests first, give timely notice to clients for whom the departing lawyer is principally res…
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 can a California lawyer consult outside counsel or law-firm in-house counsel about a current client's matter without creating a conflict and what must the lawyer tell the client?
Per California Formal Opinion 2019-197, the act of seeking legal advice about ethical compliance is not itself a conflict and need not be disclosed; once the lawyer learns of an error that could preju…
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…
Does a California lawyer's duty of confidentiality protect publicly available information about a current or former client?
Per California Formal Opinion 2016-195, yes. The duty of confidentiality under Business and Professions Code section 6068(e)(1) and former Rule 3-100 covers any information obtained during the represe…
What level of technology competence does a California lawyer handling litigation need to ethically manage electronically stored information (ESI) and e-discovery?
Per California Formal Opinion 2015-193, an attorney's duty of competence under former Rule 3-110 includes a basic understanding of e-discovery; if the matter requires more, the lawyer must acquire the…
What may a California lawyer say (and not say) to opposing counsel or a settlement officer during settlement negotiations?
Per California Formal Opinion 2015-194, false statements of material fact and implicit misrepresentations during settlement negotiations are prohibited, but statements about a party's negotiating goal…
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 '…
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 …
May a California lawyer run a virtual law office where all client communication and storage are handled through a third-party cloud vendor's portal, and what does she have to do to comply with her ethical obligations?
Per California Formal Opinion 2012-184, the Rules of Professional Conduct do not impose greater duties on a VLO than on a traditional office, but the cloud-only structure triggers specific due-diligen…
May a former senior associate disclose client confidences to her own attorney to evaluate a wrongful discharge claim against her old firm, and may either of them publicly disclose those confidences in the litigation?
Per California Formal Opinion 2012-183, the associate may privately disclose to her own attorney so much of the firm's client's confidential information as is necessary to evaluate the claim, but neit…
When a California lawyer needs to serve a discovery subpoena on a current client of the lawyer's firm in an unrelated matter, is that a conflict, and can it be cured by informed written consent?
Per California Formal Opinion 2011-182, serving a discovery subpoena on a current client is adverse and a conflict, but the firm may accept the new representation if it obtains informed written consen…
When may a California attorney use email, public wireless internet, a home wireless network, and a firm-monitored laptop to handle a client's matter without violating the duties of confidentiality and competence?
Per California Formal Opinion 2010-179, it depends on the technology and circumstances. Before using a technology with confidential client information, the attorney must evaluate (1) the security of t…
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…
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…
When a California attorney's employment terminates and the client demands electronic versions of e-mail, pleadings, discovery, the deposition and exhibit database, and transactional documents, must the attorney release them, and may the attorney refuse on the ground that they contain other-client metadata?
Per California Formal Opinion 2007-174, yes. Former Rule 3-700(D)(1) extends to existing electronic items, with no 'balancing test' for client need versus attorney burden, and applies because the item…
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…
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 …
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…
When outside corporate counsel also represents an officer personally on unrelated matters, what does she do if she learns the officer may have harmed the corporation?
Per California Formal Opinion 2003-163, when outside counsel represents both the corporation and an officer-constituent (on unrelated matters) and learns information that creates a conflict, the analy…
When can a casual or non-office communication from a non-client to a California lawyer create a duty of confidentiality, even though no attorney-client relationship is formed?
Per California Formal Opinion 2003-161, a duty of confidentiality may attach to a non-office communication either because an implied-in-fact attorney-client relationship was formed, or, even without s…
Can a public defender's office set up a physically separate alternate defender unit so the two operate as separate firms for conflict purposes?
Per California Formal Opinion 2002-158, a Public Defender (PD) and a physically separated Alternate Defender Office (ADO) following the People v. Christian (1996) model can be treated as separate firm…
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…
Can a California lawyer jointly represent a close corporation and the controlling shareholder in a lawsuit brought by the only other shareholder against both, and who provides the corporation's consent?
Per California Formal Opinion 1999-153, under the facts presented a lawyer may jointly represent the corporation and the controlling shareholder under former Rule 3-310(C)(1) only if their interests a…
If one lawyer in a California firm received material confidential information from a former client, may another lawyer in the same firm accept a representation adverse to that former client without obtaining the former client's informed written consent?
Per California Formal Opinion 1998-152, the second lawyer is not subject to discipline under former Rule 3-310(E) because the rule references the individual 'member', not the firm; the imputed-knowled…
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 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…
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 …
When a California lawyer is hired by an insurer to defend an insured, who is the client when the lawyer learns information that calls coverage into question, and what must the lawyer do?
Per California Formal Opinion 1995-139, the lawyer owes loyalty to the insured. Information adverse to the insurer learned in defense of the insured may not be disclosed to the insurer under Business …
May a California lawyer who successfully defended B against A's lawsuit later represent A in a malpractice action against A's former attorney for losing that lawsuit?
Per California Formal Opinion 1993-133, the committee opined that absent A's lawyer's consent (or termination of that representation), former Rule 2-100 prohibits the lawyer from communicating with A …
May a California attorney who serves on a corporation's board accept representation of a client who proposes a transaction with the corporation when the corporation has separate counsel?
Per California Formal Opinion 1993-132, the attorney must observe Rule 2-100's bar on communication with represented persons (recusing from board deliberations on the matter) and is bound by fiduciary…
May California lawyers organize or participate in a temporary employment agency that places contract attorneys with law firms, and how should fees and screening be structured?
Per California Formal Opinion 1992-126, yes, lawyers may organize or participate in such an agency provided they monitor for and address breach of confidentiality, conflicts of interest, independence …
Under former California rules, may a lawyer condition representation on the client's advance blanket waiver of the right to disqualify the lawyer in any later matter, regardless of whether confidential information learned would be relevant?
Per California Formal Opinion 1989-115, the agreement is not per se improper. If the client is 'informed' within former Rule 3-310(F), the waiver is valid for confidentiality and for potential conflic…
If a California lawyer represents a parent corporation, may the lawyer take a case against the parent's wholly-owned subsidiary that the lawyer has never represented?
Per California Formal Opinion 1989-113, yes, with two limits. Under former Rules 3-310(B) and 3-600, the corporate entity actually represented is the client; the parent is a constituent and the subsid…
May a California attorney institute conservatorship proceedings for a client who appears to be incompetent but who has not consented to the conservatorship?
Per California Formal Opinion 1989-112, no. The committee opined that initiating conservatorship over the client's objection would force the attorney to disclose client secrets in violation of Busines…
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…
When a California lawyer represents a mother as guardian and her minor child and discovers the mother has misappropriated trust funds for the child, may the lawyer disclose the misappropriation to the court?
Per California Formal Opinion 1988-96, no. The committee opined that disclosure of the mother's misappropriation, learned through the representation, would breach the lawyer's duty under Business & Pr…
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…
Is it an ethics violation in California for a lawyer to have a sexual relationship with a client?
The committee concluded that no California rule expressly prohibits a lawyer-client sexual relationship and that it is not a per se violation, but that such a relationship can violate the competence r…
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 take a case against someone who once consulted the lawyer about a different matter but never retained them?
The committee concluded that a person who consults a lawyer about a matter is a client for confidentiality purposes even if no retention follows, so the lawyer may take a later matter adverse to that …
Can a married deputy public defender and deputy district attorney work opposite sides of the same criminal case?
The committee concluded that a deputy public defender may represent an accused prosecuted by the deputy district attorney spouse only with disclosure of the marriage and written consent from the accus…
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…
Can a California lawyer who is also a licensed real estate broker act in both roles in the same real property transaction for a client?
The committee concluded that a lawyer may also act as a licensed real estate broker in the same transaction, but the broker work is so law-related that the lawyer must meet State Bar standards through…
Must a public defender withdraw from representing two clients when one becomes an informant against the other in a separate case?
The committee concluded that once counsel learns one client is trying to become, or has become, an undercover informant against another client, a conflict exists and counsel must withdraw from represe…
Can a lawyer disclose a damaging expert report to third parties at risk if the client instructs the lawyer not to disclose it?
The committee concluded that, where the client instructed the lawyers not to disclose an engineer's report warning that a structure might fail in an earthquake, the lawyers could not disclose it to th…
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 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…
What must a lawyer do to keep a shared secretary or other nonlawyer staff from disclosing client confidences, and what happens after a leak occurs?
The committee concluded that lawyers must take steps to ensure secretaries and other nonlawyer employees understand their duty not to disclose client confidences, and that after a harmful leak the law…
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…
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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.