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 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…
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…
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…
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 does a California lawyer's compensation of a non-employee outside lawyer constitute a 'division of fees' triggering former Rule 2-200's client-consent requirement, and when must the client be told about the outside lawyer's involvement?
Per California Formal Opinion 1994-138, former Rule 2-200(A) applies when the outside lawyer is paid a portion of the fee paid by the client. It does not apply where (1) the amount paid to the outside…
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 …
Can an insurance company use its own salaried in-house lawyers to defend insureds in liability suits?
The committee concluded that an insurer's in-house counsel may defend insureds without aiding the unauthorized practice of law, provided the company does not control or interfere with the lawyers' pro…
Can one law firm be listed as 'of counsel' to another, including an out-of-state firm?
The committee concluded that one law firm may be 'of counsel' to another, including an out-of-state firm, with no per se bar, but the designation must not confuse or mislead the public (the out-of-sta…
Can a lawyer let a client hire a medical-legal consulting firm on a contingent fee to supply expert testimony?
The committee concluded that a lawyer may work with such an arrangement only within strict limits: no contingent fee for a witness's testimony, no fee-splitting with a lay agency, no aiding the unauth…
Can a California lawyer raise the client's fee to recover the percentage the lawyer must pay back to a lawyer referral service?
The committee concluded that, although a lawyer may participate in a qualified lawyer referral service and pay it a percentage of fees, the lawyer may not raise the fee charged to the client to cover …
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 join a barter service exchange that takes a percentage of the lawyer's fees?
The committee concluded that a lawyer may not participate in a service exchange that takes a percentage of the legal fees earned, because paying the exchange a cash fee equal to a percentage of the fe…
Can a lawyer join a barter or service-exchange club where members trade services and the lawyer pays the club a percentage of fees earned through it?
The committee concluded participation is improper. Paying the exchange ten percent of fees earned is prohibited fee sharing with a nonlawyer under former Rule 3-102 and improper payment for securing e…
Can California lawyers agree, when their partnership dissolves, that a former partner who later probates a named client's will must split the fee with the other former partners or their heirs?
The committee concluded the arrangement is improper. It violates former Rule 2-108 because the retired or separated partner performs no services and assumes no responsibility on the matter, and former…
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…
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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.