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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When a former employee of the opposing party offers a California lawyer access to electronic data that supposedly shows the opposing party withheld responsive documents in discovery, what must the lawyer do before taking it?
Per the opinion, the lawyer must first assess whether the data was lawfully obtained and whether reviewing it would assist in a crime; must analogize to Rule 4.4's inadvertent-production rule if privi…
May a California lawyer advise and assist a client on compliance with California's medical-marijuana laws when the same activity would violate federal law?
Yes, the lawyer may counsel and assist on California-law compliance, but cannot advise or assist the client in evading federal arrest or prosecution, must limit the scope accordingly, and must advise …
What are a California lawyer's ethical duties when serving as outside counsel for a corporate debt-collection business whose nonlawyer staff drafts the pleadings and processes the collection cases?
The lawyer must actively supervise rather than rubber-stamp; failure to do so aids unauthorized practice of law under former Rule 1-300, and seeking attorney's fees for nonlawyer work without truthful…
Must a California lawyer inform the adverse party of a settlement overpayment the lawyer's client received, and if the client refuses, may the lawyer continue the representation?
The lawyer must tell the client about the overpayment and counsel disclosure, but cannot disclose to the adverse party over the client's confidentiality instruction; the lawyer must consider whether c…
Do California lawyers participating on a bar-association listserv that also includes judges risk improper ex parte contacts, and what should they avoid posting?
Inadvertent contact with a judge through a listserv post likely does not violate former Rule 5-300, but the opinion concludes lawyers must not include information identifiable to a particular case or …
When a California court-appointed dependency lawyer is told in confidence by a minor client that the minor is being sexually abused at the placement and the client instructs the lawyer not to disclose, may the lawyer override that instruction in the minor's best interests?
Per the opinion, no, when the lawyer reasonably believes the minor is competent to make an informed decision. The lawyer must honor a competent client's confidentiality instruction even when the lawye…
May a California lawyer ethically limit a representation to ghost-drafting pleadings and conducting settlement negotiations for a litigant who appears in pro per, without disclosing the limited scope to the court?
Per the opinion, yes. A lawyer may limit the engagement to consulting, drafting, and settlement negotiations if the limitation is fully disclosed in writing and the client consents. The lawyer must st…
After withdrawing to avoid using a client's falsified medical billings, may a California lawyer disclose the misrepresentation as the reason for withdrawal in a later fee dispute with the former client?
Per the opinion, only if the misrepresentation is relevant to the dispute and reasonably necessary because of an issue the client has raised. Disclosure should be made in a way that minimizes confiden…
What are a California lawyer's ethical limits on objecting during a client's deposition and on consulting privately with the client during the deposition or its breaks?
Per the opinion, the lawyer must protect the client's interests by asserting appropriate objections and may consult with the client during and between deposition sessions, including interrupting a pen…
May a California lawyer represent to opposing counsel and the court that an expert witness has been retained when discussions and a proposed engagement letter exist but no contract has been signed, and what duty arises if the expert later revokes consent to designation?
The opinion concluded that, where the lawyer in good faith believed an expert had been retained based on extensive discussions and a proposed engagement letter, designation and representations were et…
May a California attorney provide limited consulting services to a pro per litigant, including drafting pleadings the client will file, making special appearances on motions, or appearing as 'associate counsel' for a status conference where trial counsel must appear?
The opinion concluded that with full written disclosure and client consent, an attorney may limit services to consultation and pleading preparation for a pro per litigant. A litigant may not be both s…
If a lawyer learns that a former client may have committed perjury in an ongoing civil case, must the lawyer report it, and what should the client's current lawyer do?
The committee concluded that a lawyer who learns a former client may have committed perjury in a continuing case need not call on the client to rectify it and may not disclose it to the client's prese…
When a guardian tells her lawyer she has misused her ward's funds, may the lawyer prepare an account that hides the misuse, or report the misuse to the court without her consent?
The committee concluded the lawyer may not prepare or file an account that conceals the misappropriation, is not obligated to report the misuse to the court absent the guardian's consent, and may not …
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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.