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 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…
When does a California lawyer become responsible for a profile on a third-party online directory or rating website?
Per California Formal Opinion 2019-199, an attorney becomes responsible for a third-party directory profile when the attorney 'adopts' or otherwise uses it to market the practice, at which point Rules…
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…
When are a California lawyer's posts on Facebook, Twitter, or other social media subject to the rules governing attorney advertising?
Per California Formal Opinion 2012-186, a social-media post is subject to former Rule 1-400 if it is a 'communication' concerning the lawyer's availability for professional employment; routine status …
Can a California lawyer post in an Internet chat room dedicated to victims of a recent mass disaster to offer her services?
Per California Formal Opinion 2004-166, the attorney's communication is not a prohibited 'solicitation' under former Rule 1-400(B) because the rule's 'in person or by telephone' bright-line does not e…
Is a California law firm's public Internet website (describing the firm and offering email contact) a regulated 'communication' or 'solicitation' under former Rule 1-400, and what cross-jurisdictional considerations apply?
Per California Formal Opinion 2001-155, the website is a 'communication' under former Rule 1-400(A) and an 'advertisement' under Business and Professions Code sections 6157-6158.3, so all rules agains…
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…
Can a California lawyer send an investigator to interview accident victims and witnesses when the lawyer does not yet represent any client in the matter?
Per California Formal Opinion 1995-144, clientless investigations risk violating former Rule 1-400(C). If the investigator, with the lawyer's express or implicit authorization, conveys any message abo…
Can a California lawyer hire a 'medical liaison' to give a promotional presentation to physicians who may then refer patients, and how does Rule 1-400 apply across the chain from lawyer to liaison to physician to patient?
Per California Formal Opinion 1995-143, the liaison's promotional presentation is a 'communication' subject to former Rule 1-400. The lawyer may be disciplined for untrue statements or other violation…
Can a California criminal defense lawyer send targeted direct-mail letters ('jail mail') to recently arrested people based on police booking records, and what rules govern the letter's content, transmission, and the use of a non-attorney service to compile the list?
Per California Formal Opinion 1995-142, truthful and non-deceptive direct mail marketing of legal services is constitutionally permitted under Shapero, but targeted mailings to arrestees are subject t…
May a California attorney telephone-solicit a personal injury victim about a specific claim, or solicit by targeted mail, and can the client later waive 'improper solicitation' in the retainer?
Per California Formal Opinion 1988-105, telephone solicitation of a specific person about a specific case for pecuniary gain is improper; targeted-mail solicitation is permitted if the communication i…
When a law firm dissolves or a lawyer leaves, what must the firm and lawyers tell clients about choosing counsel?
The committee concluded that both the firm and the departing attorneys owe a fiduciary duty to give clients fair, accurate, and timely notice of the change so each client can make an informed choice o…
Can a lawyer mass-mail real estate brokers offering a fee discount to clients they refer?
The committee concluded that a lawyer should not mass-mail brokers offering discounted fees for referred clients, because it risks paying for referrals, uncontrolled advertising on the lawyer's behalf…
Can a California lawyer mail nonclients letters quoting fees for routine services and describing the firm's qualifications?
The committee concluded that mailing nonclients letters that state fees and costs for routine legal services and describe the firm members' qualifications is not prohibited, so long as the letters are…
Can a lawyer solicit business directly from another lawyer, including in-house counsel, to win that company as a client?
The committee concluded that former Rule 2-101 did not prohibit a lawyer from recommending his or her own employment to another lawyer, including a lawyer who is in-house counsel to a business, even w…
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 law firm send unsolicited letters to businesses describing the services it offers, and where is the line between advertising and prohibited solicitation?
The committee concluded that, under former Rule 2-101, a firm may send unsolicited letters to potential business clients describing its services so long as the letter does not refer to the recipient o…
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 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…
Can a lawyer tip off a general-circulation newspaper about a change of address, new firm affiliation, or promotion so it gets printed in the business section?
The committee concluded that it is improper for a member of the State Bar to advise a nonlegal newspaper of changes in the attorney's address, professional affiliation, or status, even when the public…
Can a lawyer take part in a public estate-planning lecture series, alongside nonlawyer specialists, that will be taped and shown on cable television?
The committee concluded that an attorney's participation in a televised estate-planning lecture series with nonlawyer specialists would be ethical and proper, distinguishing its earlier radio opinion …
Can a lawyer print a union 'bug' on the firm's letterhead or let clerical staff add union local symbols to correspondence?
The committee concluded that using a union printing 'bug' on a lawyer's letterhead, and permitting clerical staff to place union local symbols on correspondence, were objectionable as a form of advert…
Can a lawyer consent to having his name appear in an investment promoter's advertising as the author of a tax opinion when state regulators require counsel to be named?
The committee concluded that consenting to the use of his name was not improper and did not violate former Rule 2, because the disclosure was made in the public interest under a Commissioner of Corpor…
Can a local lawyer host a radio program discussing legal topics and taking audience phone calls?
The committee concluded that, where a local attorney would be introduced by name as a local lawyer on a station in the town where he practices, his participation in such a broadcast series would resul…
Can a lawyer become an affiliate member of a local board of realtors?
On the facts presented, the committee concluded it would be ethical for the lawyer to become an affiliate member of a local board of realtors, since the inquiry involved only joining the group and sho…
Can a lawyer act as an agent for a corporation soliciting personal management contracts with professional athletes?
The committee concluded that, on the stipulated conditions, the lawyer could act as the corporation's agent soliciting management contracts, because the collateral business met the ABA's criteria for …
Can a lawyer teach a private course on legal fundamentals to lay persons without violating the advertising rules?
The committee concluded that, on the stipulated conditions (no use of the lawyer's name, firm, or office in advertising; only hypothetical questions; no acceptance or referral of attendees as clients)…
Can a lawyer send clients pamphlets urging them to review their wills and recommend an in-office specialist?
The committee concluded that State Bar pamphlets could be placed in reception rooms and sent only to selected clients with circumspection, that a lawyer could tell an existing client another attorney …
Can attorneys let their names and that they are lawyers appear in a paid political advertisement?
The committee concluded that paid advertisements on political or public-interest issues that list individual attorneys' names and identify them as lawyers did not violate former Rule 2 or former ABA C…
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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.