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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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 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…
When a city attorney advises both the city council and the mayor on the same matter and they take antagonistic positions, does that representation create a Rule 3-310(C) conflict of interest?
Per California Formal Opinion 2001-156, ordinarily no, because the city attorney has only one client (the city itself, acting through its constituent sub-entities and officials under former Rule 3-600…
May a California law firm defend the same client a former government prosecutor in the firm investigated, by screening the former prosecutor?
Per California Formal Opinion 1993-128, yes, if the firm effectively screens the former prosecutor from any direct or indirect participation in the defense and the former prosecutor receives no 'valua…
May a California prosecutor offer to dismiss a colorable criminal case if the defendant stipulates there was probable cause for the arrest, thereby releasing the police agency from civil liability?
Per California Formal Opinion 1989-106, no. The committee opined that a prosecutor's offer to dismiss a colorable prosecution in exchange for a civil-liability release is a veiled threat to continue t…
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…
Can the law firm of a city council member sue the city for tort plaintiffs if the city council consents?
The committee concluded that the law firm of a city council member may not represent tort plaintiffs in actions against the city even with the council's informed consent, because such a suit creates a…
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 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…
Can a government-employed attorney refuse to work or slow-walk litigation as leverage in a salary or benefits dispute?
The committee concluded that an attorney employed by a public agency may not refuse to represent the agency in existing litigation, or intentionally delay that litigation, in order to gain advantage i…
Can a lawyer who sits on a city council represent a client against that city, such as defending a criminal case the city prosecutes or negotiating a contract with the city?
The committee concluded that an attorney-council member may not defend a client the city is prosecuting, may not represent a client negotiating a contract with the city, and may not take unrelated mat…
When a district attorney represents a minor 'in the interest of the state' in a juvenile dependency case, what should the DA do if the minor's wishes conflict with the state's interest?
The committee concluded the district attorney should consider whether the minor's interests conflict with 'the interest of the state' that the statute requires the representation to serve, and, where …
When suing a city, can the plaintiff's lawyer talk to the city council or city manager about the lawsuit without the city attorney's permission?
The committee concluded the lawyer may communicate with the city council at a public meeting, with a council member privately, or with the city manager privately about the subject of the litigation wi…
Can a public defender approach a newly arrested person, before any court appointment, to see if they qualify for and want a public defender?
The committee concluded a public defender may initiate contact with a person arrested for a homicide or capital offense to determine eligibility for and desire for the public defender's services, beca…
Must a lawyer accept a court appointment to represent an indigent criminal defendant, and can courts appoint counsel from outside the county or set the compensation?
The committee treated the questions as primarily legal and long settled by the courts, concluding that an attorney is obliged to accept court appointments to represent indigents, that courts may appoi…
When a public defender represents co-defendants in a criminal case, at what point must the lawyer withdraw because of a potential conflict of interest?
The committee concluded that an attorney representing co-defendants in a criminal case should refuse or withdraw from the representation as soon as a potential conflict is recognized, not wait until t…
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.