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 lawyer in a civil case learns the client gave false testimony, does the duty of candor to the tribunal require disclosing it?
The opinion concludes that Rule 3.3(d) does not override Rule 1.6(d). Disclosure to the tribunal is required only when the lawyer has actual knowledge of the fraud, the client used the lawyer's servic…
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…
After a D.C. lawyer is fired in a contingent-fee case, can the lawyer tell successor counsel about a charging lien without breaching client confidentiality?
The opinion concludes that a lawyer whose fee is secured by a charging lien on the client's future recovery may notify successor counsel or another likely holder of the funds that the lien exists, and…
What must a D.C. firm's partners and supervisors do when they reasonably believe a lawyer in the firm is impaired, and do they have to tell clients?
The opinion concludes that an impaired lawyer has the same duties as any other lawyer, and that the firm's partners and managerial or supervisory lawyers must, under Rule 5.1, take reasonable steps to…
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 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…
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…
Can a lawyer for an incapacitated client ask the court for a new surrogate decision-maker when the current one is making decisions against the lawyer's advice?
The opinion concludes that a lawyer for an incapacitated client with a surrogate decision-maker should ordinarily defer to the client's chosen surrogate and give the surrogate's choices the same weigh…
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…
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…
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…
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…
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…
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…
If a junior lawyer discovers that the supervising lawyer faked correspondence to a client, must she tell the client and report the supervisor, even after she quits?
The opinion concluded that a subordinate lawyer who learned the employing lawyer had sent the client copies of letters purportedly written on the client's behalf, but never actually sent, has a duty t…
Must a lawyer get a court's permission to withdraw when the court's rules require it, and can the lawyer be forced to disclose the client's address to do so?
The opinion concluded that where a tribunal's rules require leave to withdraw, Rule 1.16(c) requires the lawyer to obtain that leave; merely telling the former client about an upcoming hearing and adv…
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 …
What must a criminal defense lawyer do when the client insists on giving false testimony?
The opinion concluded that under D.C. Rule 3.3 defense counsel who knows the client intends to testify falsely must first try to dissuade the client and then seek to withdraw, unless withdrawal would …
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 …
If a lawyer is disqualified as trial counsel because she will be a witness, can she still handle pre-trial matters and help substitute trial counsel?
The opinion concluded that a lawyer likely to be a necessary witness at trial, though barred from acting as trial counsel under Rule 3.7(a), may represent the client in most pre-trial proceedings 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.