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 does a California lawyer need informed written consent to jointly represent two or more clients in the same matter?
The opinion concludes that informed written consent under Rule 1.7(b) is generally required to jointly represent multiple clients, because joint representations normally carry a significant risk the l…
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…
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…
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.
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…
What must a California firm do before and after hiring a nonlawyer employee (law clerk, secretary, investigator) who may have been exposed to confidential information about an adverse party at a prior employer?
The hiring firm must reasonably investigate prior exposure without probing the substance, instruct the new employee on confidentiality, and timely screen the employee from any matter where the employe…
Does a fee dispute that arises with a current client during the representation create an ethical conflict of interest that requires withdrawal under California's former Rules of Professional Conduct?
No. A fee dispute does not by itself require withdrawal or create a conflict of interest, and where the lawyer holds no lien it is not an adverse pecuniary interest in the client's property.
Can a California lawyer agree to pay or indemnify a client for the litigation costs the client may be ordered to pay if the client loses the case?
The committee concluded that an attorney may agree to advance the reasonable expenses of a matter and waive repayment if there is no recovery, and may, either at the inception of the representation or…
What ethical duties apply when a California lawyer learns that a former client has been designated as an opposing party's expert witness in a current case?
Whether the lawyer can take or continue the representation depends on whether the lawyer holds confidential information from the former client that is material to the new matter. The opinion concludes…
May a California lawyer agree to a settlement provision that bars the lawyer from disclosing the fact and amount of the settlement to the lawyer's other current or future clients?
Yes. The opinion concludes that a confidentiality clause limited to the fact and amount of the settlement does not violate former Rule 1-500(A) because it restricts disclosure of settlement terms, not…
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 …
May a California lawyer accept as a fee for preparing and prosecuting a patent application a percentage of any future profits the patent generates, without complying with the adverse-interest rule for ownership transactions?
Yes. Per the opinion, a contingent right to be paid from future patent profits is not an adverse pecuniary interest under former Rule 3-300 because the lawyer cannot summarily extinguish the client's …
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 lawyer moves from one law firm to another, which conflicts of interest from the former firm travel with the lawyer, and when are those conflicts imputed to the new firm?
Per the opinion, the moved lawyer is barred under Rule 3-310(E) only if the lawyer holds confidential information from the former firm's client material to the new representation. The lawyer's actual-…
May a California lawyer set up a business that finances another person's lawsuit in exchange for a partial assignment of the proceeds, where the claimant retains independent counsel?
Per the opinion, yes, on stated conditions: the claimant brings the lawsuit, is represented by independent counsel of the claimant's choice, the financier does not interfere with the lawyer, and the f…
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…
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…
Once the services in the retainer agreement are performed, is the lawyer obligated to continue representation on related matters, and does a fee dispute with a current client create a conflict requiring withdrawal before the lawyer may sue for fees?
The opinion concluded that an attorney's duty extends only to services for which the lawyer was retained. After contractual services are performed, the lawyer should not withdraw if prejudice will res…
When a California law firm undertakes joint representation of co-defendants, may it seek the parties' advance informed written consent to later representing one client adversely to the other if a conflict materializes?
The opinion concluded that an advance written waiver in a joint representation is not per se prohibited, provided (1) the lawyer can jointly represent both clients competently and (2) both clients giv…
In a case against multiple opposing parties, can a plaintiff's attorney condition a settlement on the settling parties' lawyers agreeing not to represent the non-settling parties, or on the settling parties asserting a conflict claim against those lawyers?
The committee concluded that it is unethical to participate in a settlement that, as a condition, either bars the settling opposing parties' attorneys from representing the non-settling opposing parti…
When an attorney files a labor-certification permanent-resident visa application for an undocumented worker, requiring representation of both the worker and the employer, what consent and confidentiality duties apply when the later visa petition must disclose the unlawful employment?
The committee concluded that mutual informed written consent of both the alien and the employer is required before the attorney undertakes the representation, because a later step requires disclosing …
Does independent (Cumis) counsel for an insured defended under a reservation of rights owe the insurer a duty to file a summary judgment motion the client wants withheld, and must counsel file a cross-complaint counsel believes is frivolous?
The committee concluded that independent counsel hired by an insurer to defend an insured under a reservation of rights is counsel for the insured, not the insurer, and may ethically withhold filing a…
When a current client is about to borrow from the lawyer's former client, can the lawyer disclose the former client's prior securities fraud, and whose consent does the lawyer need to represent the current client?
The committee concluded that the lawyer may not disclose the former client's securities fraud unless the former client consents; that the fraud will usually be material so as to require the former cli…
When County Counsel has a conflict of interest in a juvenile dependency case, can it keep representing the agency and just drop the child, or must it withdraw from representing both?
The committee concluded that when County Counsel has a conflict between the child and the Department of Children's Services, County Counsel should be relieved of representing both, and the court shoul…
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…
Can a lawyer defend criminal defendants when other lawyers in the same firm prosecute municipal code violations for a city, even if the prosecutions and defenses are entirely unrelated?
The committee concluded that a firm may not represent criminal defendants in misdemeanor or felony cases while the firm prosecutes municipal code violations on behalf of a city, reaffirming the longst…
Can a lawyer petition to have a conservator appointed over a present or former client's property when the client opposes it, if the lawyer believes a conservatorship is in the client's best interest?
The committee concluded that it is improper for an attorney to bring an action for appointment of a conservator over a present or former client, within the scope of the representation, even where the …
When an insurer disputes coverage for part of a claim, can the single attorney representing both the insurer and the insured allocate fees and costs between the covered and disputed issues?
The committee concluded that where an insurance company asserts that a portion of a claim against the insured is not covered, it is improper for a single attorney representing both the insurer and the…
What must a lawyer do who is asked to document a corporate merger involving an illegal unregistered securities issuance, when the lawyer is also an officer and house counsel of an affiliated company?
The committee concluded that it is improper for the attorney to continue representing the client in the illegal securities transaction; the attorney should try to persuade the officers that the action…
May a part-time city prosecutor in private practice defend criminal cases that arise in the surrounding judicial district but not in the city that employs him?
The committee concluded that a part-time city prosecutor engaged in private practice may not ethically represent defendants in criminal actions arising in the judicial district, even where the cases d…
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 …
Can a property management firm recoup the cost of a law office it provides free to a lawyer by charging its client partnerships per hour the lawyer works for them, without it being unlawful fee splitting with a non-lawyer?
The committee concluded that recouping the firm's office costs from the clients, apportioned by the lawyer's hours, is not by itself prohibited fee splitting under former Rule 1-320 as long as the cha…
Can a lawyer publish a law-journal article arguing a position on an issue that is pending before a court in the lawyer's own client's related case?
The committee concluded that an attorney may publish a law-journal article related to the subject matter of a client's case where the article does not take a position adverse to the client and does no…
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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.