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 law firm agree to conditions a government demands that would limit or shape its practice, and what ethics rules does that implicate?
The opinion concludes that such agreements must be examined under the D.C. Rules for conflicts of interest in current or future matters adverse to that government (Rule 1.7), improper restrictions on …
When a lawyer's own prior work for a client becomes an issue in later litigation, can the lawyer keep representing that client or must the lawyer step aside?
The opinion concludes that a personal-interest conflict under Rule 1.7(b)(4) can arise when the lawyer's prior work is at issue; the lawyer may continue only on a reasonable belief that she can provid…
When a D.C. lawyer serves as local counsel for an out-of-state lead attorney litigating in a D.C. court, what ethics duties does the local counsel keep?
The opinion concludes that the D.C. Rules draw no distinction between 'local' and 'lead' counsel: a lawyer serving as local counsel keeps full duties of communication, written fee disclosure, conflict…
When a lawyer represents multiple clients and settles their claims together, what does each client have to be told and agree to?
The opinion concludes that under Rule 1.8(f) a lawyer may make an aggregate settlement for multiple clients only if each client gives informed consent in a signed writing after full disclosure of all …
If a client's outside counsel guidelines ask a D.C. lawyer to disclose information about the lawyer's other clients, or to agree to withdraw if a midstream conflict arises, is that allowed?
The opinion concludes that, absent informed consent, a D.C. lawyer may not disclose a client's or prospective client's protected information (including the client's identity and the nature of the matt…
Can a D.C. lawyer serve on the board of directors of a company that the lawyer also represents as legal counsel?
The opinion concludes there is no per se bar to a D.C. lawyer simultaneously serving as counsel and as a director of an entity-client, but the lawyer must first determine whether the directorship crea…
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…
Is it a conflict of interest for a D.C. lawyer to subpoena or cross-examine a person who is also the lawyer's current or former client?
The opinion concludes that subpoenaing or cross-examining a current or former client is not a per se conflict; a conflict arises only if the client objects (or would foreseeably object) to testifying,…
If a D.C. lawyer is job-hunting with the opposing party or opposing counsel in a matter, does that create a conflict of interest with the lawyer's client?
The opinion concludes that a lawyer who seeks employment with a client's adversary, or the adversary's lawyer, may have a personal-interest conflict under Rule 1.7(b)(4) if the lawyer's professional j…
What conflict, fee, confidentiality, and unrepresented-party rules apply to a D.C. lawyer handling a private adoption for a birth parent or adoptive parents?
The opinion concludes that private (independent) adoptions raise recurring duties a lawyer must address up front, mostly under the conflict rules. A lawyer for a birth parent may accept fees from the …
If a government lawyer is pursuing her own furlough complaint, can she also defend the agency against other employees' furlough complaints?
The opinion concludes that a government lawyer who is pursuing her own furlough complaint has an individual-interest conflict under Rule 1.7(b)(4) when asked to defend the agency against substantially…
Can a D.C. lawyer accept and keep a referral fee from a nonlawyer service provider, such as a financial services firm, for sending the client there?
The opinion concludes that a lawyer who refers a client to a nonlawyer service provider may accept and retain compensation from the provider for the referral, provided the criteria of Rule 1.7(c) and,…
Is there a conflict of interest if a lawyer only suspects, but cannot identify, that some other client might oppose a new client's matter?
The opinion concludes that Rule 1.7(b)(1) requires disclosure and informed consent of all affected clients when, at the start of a specific matter, the lawyer knows an identifiable second client will …
Can an immigration lawyer sign a client's USCIS Form I-864 Affidavit of Support as a joint sponsor while still representing the client?
The opinion concludes that a lawyer may not execute an Affidavit of Support (USCIS Form I-864) as a joint sponsor on behalf of an immigration client while continuing to represent that client. The affi…
When does a temporary contract lawyer's conflict get imputed to the firm that hires the lawyer for a project?
The opinion concludes that whether a temporary contract lawyer's individual conflicts are imputed to a hiring firm under Rule 1.10 depends on the nature and extent of the lawyer's relationship with th…
Does a lawyer's past participation in a joint defense group disqualify the lawyer (or the firm) from later taking a matter adverse to a group member?
The opinion concludes that a joint defense agreement does not make other group members the lawyer's clients, so it creates no former-client conflict under Rule 1.9. But the lawyer may take on contract…
How do the D.C. conflict-of-interest rules apply to a lawyer who lobbies, and can a lawyer-lobbyist avoid them by treating lobbying as a law-related service?
The opinion concludes that the D.C. Rules treat lobbying as a 'matter,' so most conflict rules apply. Rule 1.7(a) absolutely bars a lawyer or firm from advancing opposing positions in the same lobbyin…
Can a D.C. lawyer take on a matter adverse to a former client by limiting the scope of the new representation so that it is not substantially related to the prior matter?
The opinion concludes that, under certain conditions, a lawyer may limit the scope of a new representation, to a discrete legal issue or a discrete stage of litigation, so that the new matter is not '…
Can a lawyer be 'of counsel' to a firm bearing his name while also being a partner in a different firm that also uses his name?
The opinion concludes that a lawyer may be 'of counsel' to one firm and a partner in another, so long as the 'of counsel' association is regular and continuing and the lawyer is generally available pe…
Does a lawyer who serves as an expert witness for a party form an attorney-client relationship that creates a former-client conflict?
The opinion concludes that a lawyer who serves solely as an expert witness for a party does not thereby form an attorney-client relationship with that party. As a result, Rule 1.9's bar on adversity t…
Can a lawyer accept payment from the media for the rights to the lawyer's own story about an ongoing case?
The opinion concludes that Rule 1.8(c), which bars a lawyer from acquiring literary or media rights to an account based on the representation before it concludes, does not apply where the media (not t…
When a D.C. lawyer represents an organization's officer or director personally (not the entity), how should the lawyer handle the role and later conflicts adverse to the organization?
The opinion concludes that a lawyer who personally represents a constituent of an organization (a board member, officer, or special-committee member) should make clear at the outset that the lawyer do…
In a joint representation where one client agreed up front that the lawyer may share information, must the D.C. lawyer disclose that client's relevant confidences to the other jointly represented clients?
The opinion concludes that where one jointly represented client has consented to disclosure of confidential information (for example, through a retainer agreement stating information 'may be shared' w…
If a D.C. lawyer is approached by someone who wants to sue an existing client and the lawyer declines, may the lawyer refer that person to another lawyer?
The opinion concludes that a lawyer who declines to take on a person seeking representation adverse to an existing client may refer that person to another lawyer. Recommending competent counsel does n…
Can a D.C. lawyer buy a legal claim (a chose in action) from a nonlawyer who is not the lawyer's client?
The opinion concludes that the D.C. Rules do not bar a lawyer (not acting for a client) from buying a legal claim, a chose in action, from a nonlawyer who is not and has not been the lawyer's client; …
Can a client who waived a conflict of interest later take the waiver back, and what happens to the lawyer's representations if it does?
The opinion concludes that nothing prevents a client from changing its mind about a conflict waiver, but the revocation will not always restore everyone to where they started. The consequences turn ma…
When does a former government lawyer's prior work count as 'personal and substantial' participation that bars later private representation in the same matter under Rule 1.11?
The opinion concludes that a former EPA lawyer who only drafted status reports and discussed the timing of an ongoing rulemaking did not participate 'personally and substantially' in the related litig…
Can a nonlawyer union employee supervise a union's lawyer, both when the lawyer represents the union and when the lawyer represents an individual union member?
The opinion concludes that a nonlawyer union employee may supervise a union attorney who represents the union itself, because the union is the client and acts through its authorized agents (Rule 1.13)…
Can a former government lawyer, such as a military JAG defense counsel, keep representing the same client in the same matter after leaving government service, or does Rule 1.11 bar it?
The opinion concludes that when a government lawyer lawfully formed an attorney-client relationship with an individual client (as a JAG defense counsel or public defender does), continuing to represen…
When a lawyer moves to a new firm, what client information can the lawyer reveal so the new firm can run a conflicts check without the former client's consent?
The opinion concludes that, without client consent, a moving lawyer may reveal only information that is neither a 'confidence' (privileged) nor a 'secret' under Rule 1.6, but that in most cases the ge…
Can a D.C. lawyer charge interest on a client's overdue legal bills when the fee agreement did not provide for interest?
The opinion concluded that a lawyer may not unilaterally impose interest on unpaid fees where the existing fee agreement did not provide for it, but that a client's unexcused failure to pay can justif…
Can a client agree in advance to waive future conflicts of interest, and when is such an advance waiver valid under the D.C. rules?
The opinion concluded that advance waivers of conflicts are not prohibited but must satisfy informed consent: the less specific the waiver and the less sophisticated the client, the less likely it is …
When a lawyer leaves private practice to join the government, what duties does the lawyer still owe to former private clients?
The opinion concluded that a lawyer who leaves private practice for government service continues to owe former clients confidentiality under Rule 1.6 (not to reveal or use their confidences and secret…
Can a lawyer who is also a licensed insurance broker sell insurance products to the public and to her own legal clients?
The opinion concluded that a lawyer who is also a licensed insurance broker may sell insurance to the general public and to her own clients, but when selling to a client she enters a business transact…
Can unaffiliated lawyers share office space and staff without forming a firm, and what ethics rules must they follow?
The opinion concluded that unaffiliated lawyers may share office space, staff, and equipment without forming a firm, but they must protect each client's confidences, preserve each lawyer's independenc…
Does a lawyer who represents a trade association also represent its individual members, and when can the lawyer take a matter adverse to a member?
The opinion concluded that representing a trade association does not, by itself, create an attorney-client relationship with each member, so the lawyer is usually free to act adverse to a member; but …
Can a lawyer take an ownership stake in a client company instead of charging fees, and what does D.C. require?
The opinion concluded that taking equity in a client as compensation is permissible if the fee is reasonable under Rule 1.5(a), and if the lawyer satisfies Rule 1.8(a) (the deal is fair, fully disclos…
Can a firm represent a class-action plaintiff and also represent one class member in a separate tort suit against the same defendant?
The opinion concluded that a firm could take on both representations, because the two clients sought the same relief on the same side of the transportation issue, so neither representation was likely …
Can a former government lawyer represent a private client in a rulemaking he worked on while at the agency?
The opinion concluded that Rule 1.11's bar on later work in the same 'matter' did not apply, because a rulemaking of general applicability is not particular to specific parties and so is not a 'matter…
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…
Can a solo lawyer who is retiring sell the law practice to another lawyer, and what does D.C. require?
The opinion concluded that selling a law practice on retirement is not unethical even though D.C. had not adopted Model Rule 1.17, so long as the retiring lawyer can terminate representations consiste…
When a current client becomes adverse to another client through a merger, can a firm keep both representations without consent under D.C.'s thrust-upon rule?
The opinion concluded that an ongoing representation on an identifiable set of issues involving common parties, facts, theories, and claims is a single representation for Rule 1.7(d)'s 'thrust upon' p…
Can defense counsel paid by an insurer send detailed billing and case information to the insurer or its outside bill-auditing company?
The opinion concluded that a lawyer may release an insured's confidences or secrets, including detailed work descriptions, to the insurer or an insurer-hired auditor only after disclosing the conseque…
Can a nonprofit running cause litigation control its staff lawyers' cases and require clients to refuse confidential or fee-waiver settlements?
The opinion concluded that lawyers in a lay organization's general counsel office may not manage or direct litigation for third parties they do not represent, because that lets the organization regula…
When can a law firm use an ethical screen to avoid being disqualified because one of its lawyers has a conflict from a prior matter?
The opinion concluded that screening a disqualified lawyer can cure a firm's imputed disqualification only in three situations: where the lawyer was not a lawyer when involved in the prior matter for …
When a lawyer serves as a court-program mediator, what conflicts check must the lawyer run, and must the results be disclosed to the parties?
The opinion concluded that Rule 1.7 requires a lawyer serving as a mediator to run a conflicts check on the immediate parties to the mediation, so that service as a neutral does not compromise the law…
If a firm gets confidential information from a would-be client but no engagement forms, can it later represent a different client in the same matter?
The opinion concluded that a firm that received confidential or secret information from a prospective class-action plaintiff (even where much of the material was publicly available, and even though no…
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…
Can a firm withdraw from representing one client so it can take a position adverse to that client on behalf of another client who refuses to waive the conflict?
The opinion concluded that a firm may continue representing a long-standing client (A) in a proceeding that a second client (B) initiated against A, even though B will not waive, provided the firm may…
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…
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…
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…
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):…
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 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.…
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…
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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.