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.
No District of Columbia Bar opinions match these filters
Try a different search term or clear the filters.
If a junior lawyer discovers that the supervising lawyer faked correspondence to a client, must she tell the client and report the supervisor, even after she quits?
The opinion concluded that a subordinate lawyer who learned the employing lawyer had sent the client copies of letters purportedly written on the client's behalf, but never actually sent, has a duty t…
When a corporation's lawyer interviews employees in an internal investigation, does the lawyer represent the employees, and what must the lawyer tell them?
The opinion concluded that a lawyer retained to conduct a corporate internal investigation represents the corporation only, not its constituents, so interviewed officers and employees have no confiden…
Can a lawyer volunteer for the D.C. Corporation Counsel while also representing private clients against the City, and oppose the same agency she works for?
The opinion concluded that, under the Rules of Professional Conduct, a lawyer may volunteer for the D.C. Corporation Counsel and continue representing private clients against the City, subject to Rule…
If a lawyer tells a client the bill will be on a 'time basis,' can the lawyer add undisclosed administrative, originating-attorney, or value-billing charges?
The opinion concluded that when a client is told he will be billed on a 'time basis,' it violates the rules to add undisclosed charges (administrative or processing fees, originating-attorney levies, …
Must a lawyer get a court's permission to withdraw when the court's rules require it, and can the lawyer be forced to disclose the client's address to do so?
The opinion concluded that where a tribunal's rules require leave to withdraw, Rule 1.16(c) requires the lawyer to obtain that leave; merely telling the former client about an upcoming hearing and adv…
Can a lawyer take opposing positions on a legal issue for different clients in unrelated matters at the same time?
The opinion concluded that a lawyer may not, without the informed consent of all affected clients, simultaneously represent clients whose positions on a matter of law conflict where there is a substan…
Can a law firm make a fixed advance fee for legal services nonrefundable, and may it keep the advance in its own account?
The opinion concluded that a retainer tied to the provision of legal services, rather than paid solely to secure the lawyer's availability, is a special retainer earned as services are performed; the …
Can a lawyer contact the opposing party directly about one part of a case when that party's lawyer was appointed only for a different part?
The opinion concluded that where opposing counsel's representation is limited to one aspect of a litigation, Rule 4.2(a) still bars direct contact with that party about a related aspect that shares co…
Can a lawyer take a contingent fee to pursue a writ of error coram nobis to set aside an old criminal conviction?
The opinion concluded that Rule 1.5(d)'s ban on contingent fees for representing a defendant in a criminal case does not apply to a writ of error coram nobis proceeding, which is initiated by the form…
Can a law school clinic refer hospital patients who are abuse victims to lawyers without violating the solicitation rules?
The opinion concluded that a law school clinical program's emergency-room referrals of spouse-abuse victims do not violate D.C. Rule 7.1(b)(2) and (3), whether the referral is to unaffiliated counsel …
When settling a fee dispute, can a lawyer get an unrepresented former client to release malpractice claims or agree not to complain to bar counsel?
The opinion concluded that a lawyer may not condition settlement of a fee dispute on an unrepresented former client's release of malpractice liability without first disclosing facts the lawyer reasona…
When a lawyer is hired to handle an estate, is the client the estate or the personal representative or conservator?
The opinion concluded that under District of Columbia law a lawyer retained by a personal representative or conservator for a decedent's or ward's estate represents the fiduciary, not the estate, so t…
Can a lawyer who is representing herself in a case contact the opposing party directly when that party has a lawyer?
The opinion concluded that a lawyer who is a party and proceeding pro se still may not communicate directly with another party known to be represented by counsel about the subject of the matter withou…
Must a criminal defense lawyer who has been charged with a crime by the same prosecutor's office tell clients before continuing to represent them?
The opinion concluded that a criminal defense lawyer charged with a crime by the same United States Attorney's office that prosecutes his clients has a personal-interest conflict under Rule 1.7(b)(4):…
What must a lawyer do with privileged documents an opponent produced by mistake, and is the disclosing lawyer in trouble?
The opinion concluded that a lawyer who receives privileged documents bearing no sign of confidentiality and reads them in good faith before learning of the mistake commits no ethics violation in keep…
If a firm hires a former lawyer on a case-by-case contract basis, are the lawyer's conflicts imputed to the whole firm?
The opinion concluded that a firm and a former firm lawyer it engages on an ad hoc, case-by-case contract basis are not treated as a single entity for conflicts purposes, so the contract lawyer's disq…
Can a D.C. law firm use the abbreviations L.L.C., L.L.P., or P.L.L.C. in its name, or must it spell out the business form?
The opinion concluded that, after the District of Columbia enacted statutes recognizing these business forms, a law firm organized as a limited liability company, limited liability partnership, or pro…
Can a law firm pay an insurance company a per-case referral fee and represent the clients the insurer sends?
The opinion concluded that a firm paying an insurer a referral fee (plus subleasing space and taking a line of credit from the insurer's principals) can satisfy Rule 7.1's intermediary-disclosure rule…
Does a child's court-appointed guardian ad litem have to pursue, or at least flag, the child's tort claims against third parties?
The opinion concluded that a guardian ad litem appointed in a neglect proceeding has no duty to initiate tort claims for the child, because the appointment's scope is limited to custody and placement.…
Must a lawyer pay settlement money to the client when a third party, like a government Medicaid lienholder, also claims part of it?
The opinion concluded that when both the client and a third person claim an interest in settlement proceeds held in the lawyer's IOLTA account, the lawyer must not disburse the disputed portion to the…
When a former client owes unpaid fees, can a lawyer or the old firm withhold the client's files until the bill is paid?
The opinion concluded that retaining liens on a client's files are strongly disfavored in the District of Columbia. Under Rule 1.8(i) a lawyer may withhold only the lawyer's own work product that has …
Can a D.C. lawyer advertise that they are an expert who can help clients 'when others can't,' and does the ad have to be substantiated?
The opinion concluded that Rule 7.1(a) permits truthful claims of specialization or expertise so long as they can be substantiated, but prohibits a comparative claim that a lawyer can help 'when other…
Can one lawyer represent two people who applied for the same job and both claim the position was filled through unlawful discrimination?
The opinion concluded that a lawyer is not automatically barred from representing two applicants for the same position who both claim the selection was discriminatory, but may do so only with each cli…
Does an 'of counsel' lawyer inherit the conflict of the lawyer they are of counsel to, and can a real estate settlement lawyer later sue the seller for the buyer?
The opinion concluded that a residential settlement lawyer who never told the seller he represented only the purchaser may not later represent the purchaser against the seller in a substantially relat…
If a lawyer is suing another lawyer for malpractice, must she also report that lawyer to bar disciplinary authorities?
The opinion concluded that a lawyer must report another lawyer's misconduct under Rule 8.3 only if she has actual knowledge of the facts, the knowledge is not a client confidence or secret protected b…
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 a D.C. law firm put a nonlawyer partner's name in the firm name, and what disclosure is required?
The opinion concluded that, where the partnership complies with D.C. Rule 5.4(b), a nonlawyer partner's name may be included in the firm name, but the firm must make clear on its letterhead, business …
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…
What does a lawyer do with documents a client hands over that may actually belong to the client's former employer?
The opinion concluded that a lawyer should return documents to the client, on request, where the client has a plausible claim to own them. For documents the client has no claim to, the lawyer should r…
Can a law firm's partnership agreement delay paying out a departing partner's capital account if the partner keeps practicing law in the same area?
The opinion concluded that a partnership agreement that delays paying a withdrawn partner's capital-account funds for up to five years if the partner practices law in the Washington area violates Rule…
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…
What must a written fee agreement say, and can a flat fee carve out routine services and bill them separately by the hour?
The opinion concluded that, where a written fee agreement is required, it must adequately inform the client of the basis or rate of the fee, and that a fixed-fee agreement must include, as part of the…
What must a criminal defense lawyer do when the client insists on giving false testimony?
The opinion concluded that under D.C. Rule 3.3 defense counsel who knows the client intends to testify falsely must first try to dissuade the client and then seek to withdraw, unless withdrawal would …
Can a D.C. lawyer practice in a firm organized as an LLP or LLC, and how must the firm name show it?
The opinion concluded that a D.C. Bar member may practice in the District as a partner or associate of an out-of-state firm organized as a registered limited liability partnership or limited liability…
Can a lawyer reveal a client's confidences in the client's bankruptcy case in order to collect unpaid fees?
The opinion concluded that under Rule 1.6(d)(5) a lawyer may reveal client confidences or secrets to collect a fee, but only where the disclosure is made in the course of a legal proceeding, is as nar…
Can a law firm pay nonlawyer consultants a share of a success fee that flows through the firm from the client?
The opinion concluded that, with the client's full knowledge and prior consent, a law firm may agree that a success fee will be paid to both the firm and a nonlawyer consulting firm it retained, and t…
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…
Can a D.C. lawyer assert a retaining lien on a former client's files for unpaid fees, and may the lawyer disclose a former trustee's confidences?
The opinion concluded that, since January 1, 1991, Rule 1.8(i) bars a lawyer from asserting a retaining lien on a client's property other than unpaid-for work product, so the lawyer had to return the …
Is it unethical for a lawyer to secretly tape-record a meeting with a government agency investigating the lawyer's client?
The opinion concluded that a lawyer who taped a meeting attended by the lawyer, his client, and federal-agency representatives investigating the client committed no ethical violation, even without rev…
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 a law firm join a prepaid legal services plan where a third party pays the firm and markets the service to subscribers?
The opinion concluded that a law firm does not violate the Rules by joining a prepaid legal services program in which a third party pays the firm to give legal advice to subscribers and markets the se…
Can a sole remaining lawyer keep using the old multi-name partnership name after the other partners die or leave?
The opinion concluded that a lawyer whose partners have all died, retired, or otherwise left is not precluded from continuing to use the former partnership name, absent reason to believe that clients …
Can a legal services lawyer let a funding agency inspect case logs that contain client confidences?
The opinion concluded that attorneys at a legal services support center had to refuse to let a funding agency's representatives inspect logs and notes containing clients' confidences and secrets, and …
Does a D.C. lawyer violate Rule 9.1 by discriminating in employment outside D.C. where that conduct is legal?
The opinion concluded that a D.C. Bar member working in Virginia for a legal defense organization did not violate Rule 9.1 by participating in employment decisions in Virginia and Maryland that discri…
Can a law firm's employment agreement split contingent fees with a departing lawyer and restrict notifying clients of the departure?
The opinion concluded that an employment agreement may divide contingent fees between a firm and a departing lawyer on a percentage basis tied to how long the case was with each, because that compensa…
Can a lawyer threaten to file disciplinary charges, against an attorney or a non-lawyer professional, to gain leverage in a civil case?
The opinion concluded that threatening to file disciplinary charges, whether against an attorney with Bar Counsel or against a non-lawyer with a professional board, solely to gain advantage in a civil…
Can a lawyer reveal a client's fraud on a federal agency when the agency's regulations require disclosure?
The opinion concluded that a lawyer is not precluded from revealing a client's fraud committed during the representation on a federal tribunal or another person where regulations of the tribunal havin…
Can a lawyer's retainer agreement require mandatory arbitration of fee disputes?
The opinion concluded that a retainer agreement requiring mandatory arbitration of fee disputes before the D.C. Bar's Attorney-Client Arbitration Board is not unethical, provided the client is told in…
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 lawyer talk to someone who already has a lawyer about taking over the representation?
The opinion concluded that neither the former Code's DR 7-104(A)(1) nor Rule 4.2(a) prohibits a lawyer from communicating with a person currently represented by counsel to determine whether that perso…
Must a law firm withhold a client's name from the IRS on a Form 8300 cash-payment report when the client asks it to?
The opinion concluded that a firm that filed a redacted IRS Form 8300 at its client's request must resist an IRS summons for the client's name, because the client's identity was a protected secret whe…
Must a lawyer tell the court when a newly found witness contradicts an affidavit the lawyer already submitted?
The opinion concluded that, in a post-trial ineffective-assistance proceeding, counsel who had submitted one witness's affidavit and later found a second witness who denied the statement was not oblig…
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 lawyer require a client to agree to arbitrate all fee and malpractice disputes in the retainer agreement?
The opinion concluded that a lawyer may not insist that a client sign a fee agreement requiring arbitration of all fee and malpractice disputes unless the client is actually represented by other couns…
Browse District of Columbia Bar opinions by topic
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.