Los Angeles County Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Los Angeles County Bar Association, with full citations and source links on every page.
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May a California law corporation or LLP keep a former partner's or shareholder's name in the firm name when that lawyer no longer holds equity but remains employed at the firm?
Yes. Under former Rule 1-400 it is not misleading to the public for a law corporation or LLP to retain in the firm name an attorney who has given up equity but continues to practice at the firm.
Can a California lawyer concurrently be 'of counsel' to a law firm and run a separate solo practice, and use separate business cards and stationery for each capacity?
The opinion concludes the dual capacity is ethically permitted; the lawyer may use separate business cards and stationery for the two practices so long as the relationship satisfies the 'close, person…
Under California Rule 1-400, may a lawyer 'cold call' a non-client to offer an in-house educational seminar on a legal topic, and may the lawyer mail bulletins or briefs describing recent legal developments to non-clients?
The opinion concluded that a telephone call offering to conduct an in-house educational seminar, or the mailing of bulletins or briefs about legal developments, to a consumer of legal services with wh…
May a California lawyer enter into a contractual arrangement with a non-lawyer-controlled office management company that provides space, staff, bookkeeping, trust-account services, advertising, and other support in exchange for a percentage of the lawyer's fees?
The opinion concluded that the arrangement was permissible only if (1) compensation does not constitute fee splitting with the non-lawyer company, (2) the attorney does not abdicate control over the l…
Under California Rule 2-100, may an attorney who does not represent a client in a matter ethically contact a friend who is represented by counsel to advise the friend on the competence of that representation?
The opinion concluded that former Rule 2-100 was not violated because the contacting attorney did not 'represent a client' in the matter. The opinion further concluded that Rule 1-400 (advertising and…
When a California landlord-attorney refers prospective clients to subleasing attorneys and is paid a portion of the resulting fees, what must the landlord-attorney do under former Rule 2-200, and what restrictions apply to a letterhead that suggests a firm relationship?
The opinion concluded that under former Rule 2-200, a referral fee from a non-firm subleasing attorney to the referring attorney requires written client consent after full written disclosure of the fe…
Does a California lawyer violate Rule 1-400(C) by knowingly using a private investigator to contact prospective clients and refer them to the lawyer, even when the lawyer does not pay the investigator for the referrals?
The opinion concluded that the knowing use by an attorney of a private investigator to personally contact prospective clients and refer them to the attorney constitutes unethical solicitation in viola…
May a lawyer let an organization he represents publish his picture and biography in the organization's promotional pamphlet to the public?
The committee concluded it was improper for an attorney for an organization to permit his picture and biography to appear in the organization's advertisement to the general public, because it amounted…
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Legal ethics opinions from the Los Angeles County Bar Association 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.