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 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 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 an in-house lawyer use the company's confidential information to support her own discrimination or retaliatory-discharge claim against the employer?
The opinion concludes that an in-house lawyer may not disclose or use the employer/client's confidences or secrets offensively to support her own claim for employment discrimination or retaliatory dis…
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 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…
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…
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 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 …
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 …
Does a lawyer's duty of confidentiality survive when the former corporate client has shut down, and can a former officer get the files?
The opinion concluded that the Rule 1.6 duty of confidentiality, which encompasses the attorney-client privilege, continues after the representation ends, so the lawyer had to preserve the defunct cor…
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…
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…
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 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 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…
Can a corporation's lawyer keep representing the company in litigation against one of its own 50% shareholders?
The opinion concluded that a closely held corporation's lawyer, retained when the company was controlled by its two original shareholders, may continue to represent the corporation both in its suit ag…
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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.