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 plaintiff's lawyer agree to indemnify defendants or their counsel against third-party (Medicare, health insurer) liens as a condition of settling the underlying personal injury case?
No. Such an agreement violates Rule 1.8.5(a) (paying client expenses), creates a non-consentable conflict, and a defense lawyer who demands the indemnity violates Rule 8.4(a) by inducing a rule violat…
When a former client asks for the return of mental-health records the lawyer obtained during the representation, can the lawyer refuse on the basis that disclosure would be detrimental to the client or others?
No. Per the opinion, former Rule 3-700(D)(1) requires the lawyer to promptly release client papers and property at the former client's request, subject only to applicable protective orders, and the la…
May a California lawyer take a contractual lien on a client's recovery in one case to secure unpaid hourly fees owed in an unrelated case?
The opinion concluded that an attorney-client fee agreement may include an assignment of anticipated court-ordered statutory fees in one case to satisfy unpaid hourly fees in an unrelated client matte…
When a California lawyer takes a security interest (a deed of trust) in real property to secure fees, does former Rule 3-300 apply if the record title is held by a third party but the client claims an interest in the property?
The opinion concluded that former Rule 3-300 applied whenever the attorney knew the client had any interest in the property pledged. Rule 3-300 was not limited to property the client owns of record; t…
Where a California attorney holds part of a retainer in trust as security for the final statement, may the attorney withdraw those funds to cover earlier unpaid interim statements, and does holding the funds in trust until earned constitute impermissible commingling?
The opinion concluded that where, by express agreement, an attorney holds a portion of a retainer as an advance against the last statement to be rendered, the attorney may not withdraw those funds to …
When a California attorney has notice of a medical lien on client settlement funds, may the attorney disburse the funds to the client per the client's instructions, or to the lienholder over the client's objection?
The opinion concluded that an attorney with notice of a medical lien may not simply disburse contested funds to the client even on the client's instruction, nor may the attorney pay the lienholder wit…
Under former California Rule 4-100, how much of an attorney's personal funds may be kept in a common client trust account to cover bank charges, and may an attorney keep personal funds in the trust account as a buffer against overdrafts?
The opinion concluded that under former Rule 4-100(A)(1), an attorney may keep in a common client trust account personal funds 'reasonably sufficient to pay bank charges,' with the amount tied to the …
If a criminal defense lawyer becomes reasonably certain that the specific cash a client paid as a fee is the actual bills used in the crime, must the lawyer turn that cash over to law enforcement?
The committee concluded that an attorney who believes with reasonable certainty that specific cash received as a fee is the actual money used in the crime must turn that cash over to law enforcement o…
Can a lawyer who represented a mortgage company only to obtain relief from the bankruptcy stay then buy the property at the later foreclosure sale?
The committee concluded that an attorney who only represents a mortgage company in bankruptcy court to obtain relief from the automatic stay is not prohibited by Rule 4-300 from purchasing the propert…
Does a lawyer's fiduciary duty over a client trust account extend to co-counsel and other third parties whose funds are in the account, and may the account be maintained out of state or controlled by non-lawyers?
The committee concluded that an attorney's fiduciary obligation extends to all third-party assets in the attorney's possession, not only client funds; that the trust account normally must be maintaine…
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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.