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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If a D.C. lawyer is asked to help one client respond to a third-party subpoena that seeks information about another of the lawyer's clients, is that a conflict of interest?
The opinion concludes that representing a client in responding to a third-party subpoena for information about another current client is not a conflict unless the lawyer knows, after reasonable dilige…
After a consultation that does not lead to representation, does a D.C. lawyer have to keep or hand over the notes, research, and information from the prospective client meeting?
The opinion concludes that a D.C. lawyer must protect a prospective client's confidences and secrets under Rules 1.18 and 1.6, and must safeguard and return any property the prospective client entrust…
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…
If a lawyer keeps a former client's files only in electronic form, must the lawyer provide paper copies on request, and who pays for the conversion?
The opinion concludes that there is no ethical prohibition on maintaining client records solely in electronic form (subject to some document-specific restrictions), and that lawyers and clients may ma…
Must a lawyer turn over a brief and affidavit to a former client when the documents were built on the client's fraudulent misrepresentations?
The opinion concludes that a lawyer who drafted a brief and affidavit in reliance on a former client's fraudulent factual misrepresentations has no duty under Rule 1.16(d) to surrender those documents…
When representation ends, does a D.C. lawyer have to hand over the entire client file, including internal notes and strategy memos?
The opinion concludes that, upon termination, a lawyer must surrender to the client (or the client's successor in interest) the entire file of papers and property to which the client is entitled, incl…
When a deceased client's spouse, who is executor of the estate, asks for the late client's files, may the former lawyer hand them over under the confidentiality rules?
The opinion concludes that a deceased client's former lawyer may give the files to the spouse/executor if the information is not a confidence or secret, or, if it is, if the lawyer has reasonable grou…
When a congressional subcommittee subpoenas a lawyer's files of client confidences, must the lawyer refuse and risk contempt, or can the lawyer comply?
The opinion concluded that a lawyer must raise all available, legitimate objections to a congressional subpoena to protect client confidences and secrets, but once the subcommittee overrules the objec…
How long must a lawyer keep a former client's closed files, when may the files be destroyed, and may the client be charged for delivery or storage?
The opinion concluded that valuable client property must be delivered promptly or safeguarded indefinitely; other client property is governed by Rule 1.16(d), so the lawyer must notify the former clie…
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…
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 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 …
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 …
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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.