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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Can a lawyer advise or represent a client about work the lawyer or the lawyer's firm did earlier for that client, such as a contract they drafted, and when does the lawyer's own interest create a conflict?
The committee concluded that a lawyer generally may advise and represent a client about the lawyer's or the firm's prior work, but the lawyer must be alert to the possibility that self-interest in avo…
When can a California lawyer continue to jointly represent multiple clients whose interests potentially or actually conflict after obtaining informed written consent?
Joint representation is generally permitted with informed written consent, but Rule 1.7(d) blocks it even with consent if the lawyer cannot reasonably believe they can be competent and diligent, the r…
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 insurance-retained defense counsel disclose to the carrier evidence the counsel obtained from a third party that could let the carrier deny coverage to the insured?
No. Defense counsel cannot disclose coverage-defeating information to the carrier even when learned from a third party; the irreconcilable tripartite conflict requires mandatory withdrawal.
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 …
May a California lawyer take a contingency fee agreement giving the lawyer the first proceeds of suit, shifting to the client the risk that the defendant's finances will limit recovery?
Yes, the agreement is enforceable if it is in a writing that complies with Bus. & Prof. Code section 6147 and the client provides informed consent based on the lawyer's full and fair disclosure of per…
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 …
May a California lawyer serve as a partner of one law firm and simultaneously as a partner or employee of a second firm and share in the fees generated by both without the disclosure and written-consent process required by former Rule 2-200?
Per the opinion, only if a true common-law partnership or employer-employee relationship exists between the lawyer and the second firm. Following Chambers v. Kay (2002), a joint venture or label-only …
When a California lawyer learns material information during an unsuccessful initial consultation with a prospective client that would be useful to an existing client in an unrelated matter, must the lawyer disclose it to the existing client?
Per the opinion, no. The lawyer owes the prospective client a duty to preserve the confidentiality of information disclosed in an initial consultation, even when no engagement results. The lawyer's du…
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…
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 pay reasonable litigation costs (such as court reporter fees) that the client has refused to pay, without violating Rule 4-210?
The opinion concluded that under former California Rule 4-210, an attorney may advance the reasonable expenses of prosecuting or defending an action notwithstanding the client's refusal to pay such co…
Can a California lawyer include retainer-agreement language limiting the client's recovery of punitive or non-economic damages in a malpractice action, or conditioning the lawyer's malpractice liability on the lawyer's representation of the client in a related third-party action?
The opinion concluded that under former Rule 3-400, a lawyer may not include retainer language limiting the client's right to recover punitive or non-economic damages in a malpractice action, and may …
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…
Must a California law firm obtain client consent to changes in fee calculation methods, and is it ethically permissible to require attorneys to meet a minimum-billable-hour productivity standard?
The opinion concluded that an attorney has a duty to inform the client of the fees charged, the methods used to calculate fees, and any alternative fee arrangements, and to obtain client consent; chan…
When a California sole practitioner begins using additional attorneys (employees, contract lawyers, or outside firms) on a client matter, when is disclosure required, and when does Rule 2-200's written consent requirement for fee division apply?
The opinion concluded that disclosure of additional attorneys may be required under Rule 3-500 depending on the circumstances, including whether responsibility is changing, the new attorney is doing a…
Can a lawyer base a contingency fee on both the medical offset the insurer takes and the settlement the client actually receives in an uninsured/underinsured motorist claim?
The committee concluded that an attorney and client may agree to a contingency fee based on both the medical offset taken by the insurance carrier and the settlement actually received, if the contract…
Can a lawyer hand over detailed billing statements to a third party that agreed to indemnify the client's fees under a non-insurance contract, without the client's consent?
The committee concluded that, without the client's informed consent, a lawyer may not voluntarily disclose to a non-insurance indemnitor the information in the lawyer's bills about the specific work p…
If a lawyer learns that a client is receiving oil royalties the client may not be entitled to, can the lawyer disclose that to the buyers or the oil company, and what should the lawyer do?
The committee concluded that the attorney may not disclose confidential information learned through the attorney-client relationship, absent client consent, even where the client intends to keep recei…
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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.