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 …
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…
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…
May a lawyer for a congressional committee subpoena a witness who has said in advance that he will invoke the Fifth Amendment to every question?
The opinion declines a request to vacate Opinion 31 (1977) and concludes that, under the D.C. Rules as under the former Code, a lawyer for a congressional committee violates the Rules by compelling a …
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…
Do government lawyers (for example, intelligence-agency attorneys) violate Rule 8.4(c) when they make misrepresentations that their lawful official duties require?
The opinion concludes that lawyers employed by government agencies who act in a non-representational official capacity, in a manner they reasonably believe is authorized by law, do not violate Rule 8.…
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 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 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 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…
Must a law firm screen a nonlawyer it hires who used to work for the government on a related matter, and what can the firm ask them?
The opinion concluded that a firm must screen a nonlawyer former government employee from matters the same as, or substantially related to, matters on which that person assisted government lawyers rep…
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…
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 …
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 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…
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…
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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.