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…
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…
When a California client discharges a contingent-fee lawyer and successor counsel settles the case, what must the predecessor lawyer do to substantiate its quantum-meruit fee lien, and how must trust funds be handled while the lien is in dispute?
The opinion concludes that the predecessor lawyer owes a continuing fiduciary duty to the former client and must promptly quantify the quantum-meruit lien (with reconstructed time records or other rea…
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.
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…
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.
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 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…
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…
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 …
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 …
Under California Rule 1-500, may a law partnership agreement impose a reasonable cost on departing partners who compete with the firm in a limited geographical area?
The opinion concluded that, following Howard v. Babcock, a law partnership agreement may impose a reasonable cost on departing partners who compete with the firm in a limited geographical area; such a…
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…
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…
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…
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…
If a lawyer learns that his client (an estate administrator who is also a lawyer) diverted estate assets, may he disclose it to the court, heirs, or a successor attorney, and what must he do with the file when he withdraws?
The committee concluded the lawyer may not disclose the client's diversion of assets to anyone, including the court or a new attorney, without the client's consent; he need not state the reason for wi…
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.