District of Columbia Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the District of Columbia Bar, with full citations and source links on every page.
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Can a lawyer accept and keep a commission for recommending that corporate clients use a particular company as their registered agent?
The opinion concluded that a lawyer may not retain a referral fee or commission from a third party for referring a client's business. Any such payment must be disclosed to the client, the client must …
Can one lawyer jointly represent a husband and wife who want help negotiating the terms of their divorce?
The opinion concluded that a lawyer may not jointly represent a divorcing husband and wife who seek the lawyer's help in reaching agreement on the terms of their divorce, because Rule 1.7(a) bars repr…
If a lawyer helped her firm pursue a fee claim against a client, can she later help the client fight that claim, and must she report her old firm's suspected misconduct?
The opinion concluded that a lawyer who prepared memoranda supporting her firm's fee claim stood in an attorney-client relationship with the firm, so Rule 1.9 bars her from later representing the clie…
Who is the client when a government lawyer enforces child support, and how do conflict rules apply when the same office represents opposing parents?
The opinion concluded that Corporation Counsel lawyers in Title IV-D child-support cases must make each petitioner aware whether or not she is the client and what that means, must use separate, screen…
Can a defender's office represent a defendant when a colleague once represented someone who is now a witness against that defendant?
The opinion concluded that an attorney may represent a defendant even though another attorney in the same office formerly represented a person who is now a witness, provided the prior representation w…
Can a firm represent a witness who wants to plead the Fifth in a criminal case when a partner represents a suspect in the same killing?
The opinion concluded that, with full disclosure and consent, a firm may represent a witness who wants to assert his Fifth Amendment right not to testify even though another lawyer in the firm represe…
Can a lawyer who is an elected legislator vote on legislation that could affect clients of the lawyer's firm?
The opinion concluded that, on the facts presented, no rule required client consent or barred a D.C. Council member from voting on legislation that could affect clients or the future business of the m…
If a lawyer is disqualified as trial counsel because she will be a witness, can she still handle pre-trial matters and help substitute trial counsel?
The opinion concluded that a lawyer likely to be a necessary witness at trial, though barred from acting as trial counsel under Rule 3.7(a), may represent the client in most pre-trial proceedings and …
When a paralegal switches firms, can the new firm screen her from a conflicted matter, and does a job-switching lawyer need the former client's consent?
The opinion concluded that when a paralegal moves to a new firm and is personally disqualified from a matter there because of substantially related work at the old firm, the new firm may ordinarily av…
Can a lawyer serve as a client's part-time in-house counsel and also act as its licensed real estate broker?
The opinion concluded that a lawyer in private practice may serve as a client's part-time, salaried in-house counsel while still representing the client and its affiliates as outside counsel, and may …
Can one firm jointly represent several claimants to a limited fund and help them divide the award?
The opinion concluded that, after full disclosure and consent, a firm may jointly represent several members of a claimant group competing for a limited fund, but it may not act as advocate for any of …
Can a corporation's lawyer keep representing the company in litigation against one of its own 50% shareholders?
The opinion concluded that a closely held corporation's lawyer, retained when the company was controlled by its two original shareholders, may continue to represent the corporation both in its suit ag…
Can a firm take a matter against a former client once all the lawyers who handled that client have left the firm?
The opinion concluded that a firm may represent a client against a former client in a substantially related matter once all the firm lawyers who represented the former client have left and no remainin…
Can a criminal defense lawyer keep representing defendants while applying for a job at the U.S. Attorney's office?
The opinion concluded that a lawyer who mainly does criminal defense may keep representing defendants while seeking a position with the U.S. Attorney's office, provided each client consents after full…
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Legal ethics opinions from the District of Columbia Bar 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.