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…
What confidentiality and competence duties apply when a California lawyer discusses a client matter on social media, including blogs and online discussion boards?
A lawyer must take reasonable steps to avoid revealing client information through online posts, even when the client is unnamed; aggregated posts plus pretexting may identify the client and waive work…
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…
Can a California lawyer hire an out-of-state legal research and brief-writing company to draft a brief, and what does the lawyer have to do to comply with the ethics rules?
The committee concluded that an attorney charging an hourly rate in a civil case may contract with an out-of-state company to draft a brief, provided the attorney is competent to review the work, rema…
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…
May a California attorney who also holds a partnership interest in a medical clinic refer personal-injury clients to that clinic for treatment, and what disclosures are required?
The opinion concluded that while there is no per se prohibition on a lawyer practicing both law and medicine, referring law clients to the lawyer's own medical clinic is a business transaction trigger…
Can a California attorney draft or amend a will that leaves the attorney a substantial gift, and what must the attorney do if the client will not get independent advice?
The committee concluded that an attorney who drafts or amends a will giving the attorney a substantial gift may be subject to discipline for undue influence unless the client has received independent …
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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.