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…
How may a D.C. lawyer use social media in representing clients, including reviewing an opponent's posts, advising on a client's own accounts, and preserving evidence?
The opinion concludes that competent and diligent representation under Rules 1.1 and 1.3 may require a lawyer to understand, use, and review social media, and to advise clients about the confidentiali…
Can a lawyer in litigation against a government agency contact government officials about the dispute without the consent of the government's lawyer?
The opinion concludes that under D.C. Rule 4.2(d), a lawyer adverse to a government agency may contact a government official with authority to redress the client's grievances, without government couns…
Can a lawyer contact a represented company's in-house counsel about the matter without the company's outside counsel's consent?
The opinion concludes that, in general, a lawyer may communicate with the in-house counsel of a represented entity about the subject of the representation without obtaining the prior consent of the en…
Can a respondent's lawyer send an investigator to interview an unrepresented domestic violence petitioner before a criminal contempt hearing, and what are the limits?
The opinion concludes that respondent's counsel may send an investigator to interview an unrepresented domestic violence petitioner, but must make reasonable efforts (under Rules 5.3 and 8.4) to ensur…
Can a child's guardian ad litem contact a parent who has a lawyer, in a child abuse and neglect case, without the parent's lawyer's permission?
The opinion concluded that a guardian ad litem is the child's lawyer and, under Rule 4.2, may not communicate with a represented parent about the subject of the case (directly or through a social work…
Can a lawyer interview an opposing company's former employees without the company's lawyer's consent, and what limits apply?
The opinion concluded that Rule 4.2 does not bar ex parte contact with an opposing party's unrepresented former employees, regardless of the position they once held, because former employees generally…
Can a lawyer for a private client contact individual members of a government licensing board directly, without the board lawyer's consent, about the client's matter?
The opinion concluded that, under D.C.'s Rule 4.2(d), which excludes communications with government officials from the no-contact rule, a lawyer may contact individual members of a D.C. licensing boar…
Can a government agency hold a public informational meeting for claimants, with its lawyers attending, when some claimants are represented by counsel who objects?
The opinion concluded that a lawyer representing a group of claimants cannot block a government agency from holding a public meeting to explain its program and answer general questions, even though th…
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 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…
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 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…
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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.