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 encourage a client to talk directly to a represented opposing party, and how much can the lawyer help prepare for that conversation?
The opinion concludes that a lawyer may advise and even encourage a client to communicate directly with a represented opponent and may help the client prepare (objectives, talking points, draft corres…
What must a D.C. firm's partners and supervisors do when they reasonably believe a lawyer in the firm is impaired, and do they have to tell clients?
The opinion concludes that an impaired lawyer has the same duties as any other lawyer, and that the firm's partners and managerial or supervisory lawyers must, under Rule 5.1, take reasonable steps to…
Can a D.C. lawyer put a mandatory arbitration clause in a fee agreement, and does the lawyer have to send the client to independent counsel first?
The opinion concludes that a mandatory arbitration provision in a fee agreement, including one covering legal-malpractice claims, is an ordinary fee arrangement governed by Rule 1.5, not a business tr…
Can a D.C. lawyer accept money raised through crowdfunding to pay for a client's legal fees, and what changes if the lawyer runs the campaign?
The opinion concludes that lawyers may generally represent clients whose fees are crowdfunded. When the client runs the crowdfunding and the lawyer is merely aware of it, the lawyer takes on no specia…
Must a D.C. court-appointed criminal defense lawyer also enter the client's parallel civil protection-order case, and can the lawyer advise the client there without appearing?
The opinion concludes that a Criminal Justice Act (CJA) lawyer appointed in a criminal domestic violence matter is neither required nor barred from entering an appearance in the client's parallel civi…
When a D.C. law firm dissolves, what do the firm and its lawyers owe their clients on notice, choice of counsel, files, and money?
The opinion aggregates the D.C. ethics duties that attach when a firm dissolves or dissolution becomes reasonably foreseeable. The firm and its lawyers must keep representing clients competently and d…
Can a lawyer for an incapacitated client ask the court for a new surrogate decision-maker when the current one is making decisions against the lawyer's advice?
The opinion concludes that a lawyer for an incapacitated client with a surrogate decision-maker should ordinarily defer to the client's chosen surrogate and give the surrogate's choices the same weigh…
In a joint representation, can a lawyer tell one client a damaging confidence the other client revealed, like a fabricated visa application?
The opinion concluded that joint representation alone does not imply authorization to share one client's confidences with the other; when a client's confidence (here, an admission of a fabricated visa…
Must a firm tell a client it is using a temporary lawyer, and how can it bill for that lawyer's time and any agency fee?
The opinion concluded that a firm must disclose a lawyer's temporary status and get consent whenever that status is reasonably likely to be material to the representation or the client's expectations …
If a lawyer hires a social worker who is legally required to report suspected child abuse, what must the lawyer tell the client and the social worker about confidentiality?
The opinion concluded that Rule 1.6(e) does not authorize a social worker employed by a lawyer to disclose client confidences where the lawyer could not, because the employee's exception is purely der…
Can a D.C. lawyer send confidential client information by unencrypted email over the Internet without violating the confidentiality rule?
The opinion concluded that, in most circumstances, transmitting confidential information by unencrypted email does not by itself violate Rule 1.6, because the rule requires reasonable, not absolute, e…
When a lawyer moves from one firm to another, what must the lawyer and both firms do about client notice, files, and conflicts?
The opinion concluded that a lawyer changing firms must tell affected clients of the move far enough ahead to let them choose counsel (Rule 1.4); client files must go to whoever continues the represen…
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…
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, …
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…
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.…
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…
Can a D.C. lawyer charge a reverse contingent fee based on how much money the lawyer saves the client from a claim against the client?
The opinion concludes that the D.C. Rules do not prohibit reverse contingent fees, where the fee is based on the difference between the amount a third party demands from the client and the amount ulti…
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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.