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 California lawyer charge a former client for the lawyer's own time and out-of-pocket attorney's fees spent collecting unpaid fees from that former client?
Only if a written, enforceable fee agreement contains a prevailing-party fee-shifting provision and the dispute is not in MFAA arbitration; otherwise the American rule and Trope v. Katz bar both items…
How may a California lawyer publicly respond to a former client's online review accusing the lawyer of incompetence or overcharging, when no confidential information has been disclosed and no litigation is pending?
The lawyer may publicly respond if the rebuttal discloses no confidential information, does not injure the former client in matters relating to the prior representation, and is proportionate and restr…
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…
May a California attorney sued by a third party disclose otherwise confidential or privileged client information in order to defend against the claim?
No. California has no statutory self-defense exception to Bus. & Prof. Code section 6068(e) or to the attorney-client privilege; disclosure requires the client's informed consent, although a court may…
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…
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…
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-…
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…
When a California lawyer's joint representation of co-clients ends and the co-clients dispute who gets the original client files, how should the lawyer handle the files?
The opinion concluded that under former Rule 3-700(D)(1), a lawyer must promptly transfer files at the request of the former client. In a joint-representation dispute, the lawyer cannot favor one clie…
May a California law firm destroy office files of a deceased client when there is no preexisting agreement or statute governing disposition, and is notice to the legal representatives or residuary legatees required?
The opinion concluded that before destroying a deceased client's office files where no preexisting agreement or statute applies, the law firm must give or attempt to give notice to legal representativ…
Does class counsel have a duty under Rule 3-700(D) to turn over papers and property of the class to a member who opts out of the certified class to pursue an independent action?
The opinion concluded that class counsel has no duty under Rule 3-700(D) to turn over the papers and property of the class action to a member who opts out of the certified class, except for papers or …
When a California law firm dissolves and holds closed-matter files for years-old former-client matters with no agreement governing disposition, must the firm attempt to notify former clients before destroying the files, and what minimum retention period applies?
The opinion concluded that the dissolved firm must use all reasonable means to contact former clients about retrieving their files. After diligent notice with sufficient time elapsed, the firm may des…
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 …
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…
Can a lawyer who is owed fees by a former client now in bankruptcy use what the lawyer learned about the client's affairs to help the trustee or creditors locate assets, while also pursuing the lawyer's own fee claim?
The committee concluded that former counsel may file a fee claim in the bankruptcy and an adversary proceeding to have the debt declared nondischargeable, using confidences only as necessary and with …
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 …
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…
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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.