Pennsylvania Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Pennsylvania Bar Association, with full citations and source links on every page.
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Does a Pennsylvania lawyer have to put the fee in writing for every client?
Almost always. The opinion concludes that under Rule 1.5(b) the basis or rate of the fee must be communicated in writing, before or within a reasonable time after starting work, unless the lawyer has …
Does a Pennsylvania workers' comp lawyer have to ask for Section 440 counsel fees?
Not in every case, but the lawyer must raise it with the client. The opinion concludes the decision whether to seek Section 440 fees implicates the client's substantive rights, so the lawyer must disc…
Can a Pennsylvania lawyer deposit a flat fee straight into the operating account instead of a trust account?
Sometimes. The joint opinion concludes a flat fee that is also "earned upon receipt" need not go into a Rule 1.15 trust account if the agreement says it is non-refundable and earned upon receipt; any …
When a client hires a new contingent fee lawyer, must that lawyer tell the client the prior lawyer may still claim a fee?
Yes. The opinion concludes that successor counsel in a contingent fee matter must inform the client in writing that predecessor counsel may have a claim for compensation and explain how that claim aff…
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Legal ethics opinions from the Pennsylvania 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.