State Bar of Wisconsin Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the State Bar of Wisconsin, with full citations and source links on every page.
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Can lawyers also own and operate a title insurance company, refer their clients' title work to it, and share a building with it?
The opinion concluded that a lawyer may simultaneously practice law and write title insurance, subject to the Code while doing either, but may refer a client's title insurance or abstract work to a co…
Can a lawyer keep representing the first mortgage holder in a foreclosure when the lawyer's own firm holds a second mortgage on the same property and is named as a defendant?
The opinion concluded that although the lawyer and client might be able to resolve the conflict with client consent, because all lienholders shared an interest in a high sale price, continued represen…
Can one lawyer represent both a physician and a hospital insured by the same carrier, while also representing the Patients Compensation Fund, in a medical malpractice case?
The opinion concluded that whether one lawyer may represent multiple medical malpractice defendants with potentially differing interests turns on a case-by-case analysis, and that the lawyer must full…
Can a lawyer represent criminal defendants in the county where the lawyer's spouse is the sheriff, and does the conflict spread to the rest of the firm?
The opinion concluded that representing criminal or traffic defendants when the sheriff-spouse is directly involved in the investigation is not expressly prohibited, and there is no ethical bar so lon…
Can a lawyer condition settling a fee or returning the client's file on the client releasing or agreeing to arbitrate malpractice claims against the lawyer?
The opinion concluded that a lawyer may not condition the return of client documents and the settlement of related fees on the client's release of legal malpractice claims, or on the client's agreemen…
Must a lawyer keep confidential damaging information about a client that the lawyer learned during the representation, even if it came from public sources?
The opinion concluded that the lawyer must keep confidential all information relating to the representation of the client and any information acquired in the course of the representation that could be…
If a lawyer is a part-time municipal judge, can the lawyer's firm represent clients in matters involving that town or appear in that municipal court?
The opinion concluded that what the part-time municipal judge may do, the firm may do, and what the judge may not do, the firm may not do, under principles of imputed disqualification. Firm members ma…
Can an assistant attorney general own a controlling stake in a company that bids for state work, and can the rest of the department still handle matters involving that company?
The opinion concluded that owning the stock is not improper per se, but the assistant attorney general must decline Department of Justice matters relating to the company because his judgment for the s…
Can a law firm appear before a family court commissioner when one firm member is married to an associate of that commissioner's private law practice?
The opinion concluded that there would be no ethical impropriety in any member of the firm, including the spouse of the commissioner's associate, appearing before the family court commissioner in his …
Can a lawyer hired by an insurer represent both the insurer and the insured in an auto-accident case where the plaintiff also seeks punitive damages?
The opinion concluded that a lawyer retained by an insurance carrier may generally represent both the insurer and the insured, but must fully disclose the relationship to the insured, owes the primary…
Can the law partner of a village attorney serve on the village's zoning board of appeals, which the village attorney advises?
The opinion concluded that the partner would not place himself in a conflict by serving on the zoning board of appeals, and that the village attorney may continue to serve while the partner sits on th…
Can an assistant district attorney serve on a community mental-health board of directors while also representing the public in mental-health commitment proceedings?
The opinion concluded that the dual roles are not necessarily incompatible: an assistant district attorney may serve on a Chapter 51 community board while handling mental-health commitment proceedings…
Can a lawyer call a shareholder, employee lawyer, or nonlawyer employee of the same firm as an expert witness in a divorce case?
The opinion concluded that calling a shareholder or employee lawyer of the same professional corporation as an expert witness in a divorce proceeding is improper, for the same reasons that bar calling…
Can a lawyer serve on the board of directors of a corporation and also act as the corporation's counsel?
The opinion concluded that it is not unethical per se for a lawyer to serve on a corporate client's board of directors, but the lawyer should abstain from any decision to retain the lawyer and must, a…
When two of a firm's current clients sue each other, can the firm drop one and represent the other in the dispute?
The opinion concluded that a firm may not represent one current client in litigation against another current client, even on an unrelated matter, without both clients' consent after full disclosure, a…
When the other side seeks frivolous-action costs against both a lawyer and the client, must the lawyer withdraw from the case?
The opinion concluded that a frivolous-action cost claim under Wis. Stat. sec. 814.025 creates a potential conflict between attorney and client but does not require withdrawal; continued representatio…
Can a lawyer call a member of the same firm, such as an accountant partner, as an expert witness for the client in a divorce trial?
The opinion concluded that it is improper for a member of the lawyer's firm to testify for the client on contested issues in a divorce trial, because the testimony comes from an interested witness and…
Can a lawyer who represented a mother and stepfather at a child-placement hearing later defend the stepfather against criminal charges arising from the same facts?
The opinion concluded the lawyer may defend the stepfather against the criminal charges where the placement-hearing information would be discoverable in the criminal action, but the lawyer may not use…
Can a Family Court Commissioner act as advocate prosecuting a child-support contempt action while also serving as advisor to the trier of fact?
The opinion concluded that a Family Court Commissioner may not act as advocate and advisor simultaneously, because the appearance of impropriety in serving both competing roles is too significant; on …
Can an assistant corporation counsel who represents the state in a paternity action also represent the mother in the same proceeding?
The opinion concluded that the corporation counsel may represent both the state and the mother in a paternity action, provided the mother is advised at the outset of counsel's primary duty to the stat…
Can a lawyer agree to a flat fee set in advance for each insurance defense case, regardless of how much work each case requires?
The opinion found nothing improper in a blanket fee set in advance for insurance defense cases, so long as the fee is not clearly excessive, while reminding counsel of the duty of competent and zealou…
Can two lawyers and a nonlawyer run a company out of the lawyers' office offering trucking-industry regulatory services without holding it to the rules of professional conduct?
The opinion concluded that the proposed trucking-service company was a law-related second occupation and, because it operated from the lawyers' office, was inseparable from the law practice and so sub…
Can an organization that is not a party to a class action pay the litigation expenses if it shares in no recovery?
The opinion concluded that a nonparty organization may fund the litigation expenses of a class action, provided none of the contributed funds compensate the attorneys representing the class and the ac…
Can a municipal attorney represent both the city and its police officers in a suit against both over alleged excessive force?
The opinion concluded that a municipal attorney cannot represent both the municipality and its police officers where their interests differ, and a private attorney paid by the municipality may represe…
After settling the passengers' claims from a car crash, can one lawyer represent both the driver and the owner of that car in their own claims?
The opinion concluded that the lawyer may not represent both the driver and the owner together, because the owner may have a claim against the driver, but may represent either one alone subject to pro…
Can a law firm be paid to represent a public education district when one of the firm's lawyers sits on that district's board?
The opinion concluded that yes, the firm may represent the district for compensation if the board member makes full disclosure, abstains from the decision to retain the firm, and the firm's duties are…
Can a lawyer advise a client to destroy a contract not to revoke a will, and can the firm later probate the estate while bound to keep the deceased client's confidences?
The opinion concluded that a lawyer may not advise a client to destroy a contract not to revoke a will, the firm may not later represent the estate's corporate fiduciary because of the conflict and li…
If a lawyer becomes a part-time criminal intake court commissioner, can the lawyer and the partner still take criminal defense cases?
The opinion concluded that the commissioner's partner is barred from appearing in any action in which the commissioner acted, but neither the commissioner nor the partner is barred from defending case…
Does a lawyer have to tell a client that the lawyer made an error that might be malpractice and that the client may have a claim against the lawyer?
The opinion concluded that an attorney is obligated to inform the client that an omission has occurred which may constitute malpractice and that the client may have a claim against the lawyer for it.
Can a part-time municipal prosecutor defend private clients on charges from other jurisdictions that are tried in the same court where the prosecutor tries the municipality's ordinance cases?
The opinion concluded that the 'same court' is not itself a barrier. It found Memo Opinion 5/65, which had imposed a same-court restriction, contrary to Opinions E-76-12 and E-81-3, reaffirmed those t…
Can a part-time town attorney who prosecutes ordinance violations defend clients in prosecutions brought by other municipalities?
The opinion concluded that a part-time town attorney may defend a private client against an ordinance prosecution brought by a different town, within limits, as long as the attorney had assumed no pro…
Can a deputy city attorney who negotiates and monitors the city's insurance carrier contract also sit on that carrier's board of directors?
The opinion concluded that it would be improper. A deputy city attorney who represents the city in contract negotiations with its insurance carrier and monitors the carrier's performance cannot simult…
Can married lawyers appear on opposite sides of a matter, and what about their separate firms opposing each other?
The opinion concluded that one lawyer-spouse appearing directly against the other is per se improper, while the spouses' separate firms or offices opposing each other is not barred per se but requires…
Can a lawyer represent a private client suing a county while, in a separate case, representing that same county?
The opinion concluded that lawyers who are county officials are barred from suing the county for a private client, while county employees and private practitioners may do so in separate matters only w…
Can a lawyer for one convicted defendant file an amicus brief for a co-defendant who is separately represented, after they ran inconsistent defenses at trial?
The opinion concluded the lawyer is not automatically barred, but only with full disclosure and consent from both defendants and only if it would not adversely affect the lawyer's own client, who must…
Can a lawyer draft a will for a law partner's spouse that leaves the partner the entire estate, excluding the children?
The opinion concluded that a lawyer may not draft a will for a partner's spouse in which the partner would receive a larger share of the estate than he or she would take by intestacy. Because the part…
Can a lawyer who represented two business partners later sue one of them on behalf of the other?
The opinion concluded that a lawyer who jointly counseled two partners on incorporating their business may not later represent one against the other to recover partnership assets. Having served both, …
Is a law firm disqualified from representing a client when a state agency official with regulatory power over that client joins the firm?
The opinion concluded that whenever the former agency official would be disqualified under the Wisconsin public-official statutes and Canons 4, 5, and 9, each member of the firm would be disqualified …
Can a lawyer who investigated a claim for a former client later represent a claimant against a co-surety, when a contribution claim might reach the former client?
The opinion concluded that it would be improper. A lawyer who investigated a bond claim for a former client cannot later represent the claimant against the co-surety in the same matter, even where no …
Can a lawyer who serves as a state legislator represent clients for compensation before a state agency the legislature funds and oversees?
The opinion concluded that an attorney-legislator should be prohibited from representing clients for compensation before a state agency over which the legislature exercises appointment, removal, and b…
Can a part-time city or village attorney take private criminal defense cases in the same county where the district attorney prosecutes?
The opinion concluded that it generally is not improper. A part-time municipal attorney who handles only traffic and ordinance matters for the city may defend private clients on criminal or state moto…
Can the law partners of a part-time assistant district attorney defend private criminal clients if there is full disclosure and consent?
The opinion concluded that they cannot. A part-time assistant district attorney may do no criminal defense work, and that disqualification extends to the partners and associates of the firm, even with…
Can a lawyer draft a long-time client's will and trust that names the lawyer's own firm as executor, co-trustee, and counsel for the estate?
The opinion concluded that, on these facts, the lawyer could. Where a client, because of the lawyer's exceptional familiarity with his business and family, asks the lawyer to draft the instruments and…
Can a lawyer who serves as a city council member or county supervisor represent private clients in suits involving the city or county?
The opinion concluded that it depends on the matter. A supervisor may not represent a private party in a claim against his own county; a council member's defense of an ordinance he had substantial res…
When a police department's in-house legal advisor counsels an individual officer, is that officer a client, and can the advisor report the officer's confidences to the chief?
The opinion concluded that the advisor's attorney-client relationship is with the police chief, not the individual officers. Counseling officers risks a serious conflict, so officers must be warned th…
Can legal aid staff lawyers represent indigent co-defendants in the same case, and can the legal aid board order them to withdraw?
The opinion concluded that staff attorneys are neither forbidden to accept nor automatically required to withdraw from representing indigent co-defendants; each attorney must judge whether a specific …
Can a district attorney who is salaried as a full-time prosecutor (one not permitted to practice privately) also take private legal clients?
The opinion concluded that the answer turns on the statute. A district attorney paid under the provision for prosecutors not permitted to practice privately owes the county all of his professional tim…
Can a lawyer who over-collected on one client's judgment apply the excess held in trust to another client's claim against the same debtor when the debtor objects?
The opinion concluded that the lawyer could not. Applying about $200 over-collected from a judgment debtor to a second creditor-client's claim, over the debtor's strong objection, would be improper an…
Can a non-profit legal services organization run a bail fund for indigent criminal clients, administered by its staff lawyers?
The opinion concluded that it cannot. The committee found it improper and unethical for a non-profit legal services corporation to maintain a bail fund for the indigent criminally accused administered…
Can a lawyer file bankruptcy for a debtor while also representing the creditors, with a creditor paying the fees in exchange for the debtor reaffirming the debt?
The opinion concluded the lawyer cannot. The interests of a bankrupt debtor and his creditors are adverse, so representing both is an inherent conflict; the arrangement to have a creditor pay the fees…
Can the partners of a lawyer who sits on a city police and fire commission represent criminal and traffic defendants in that city?
The opinion concluded they may not, in the cases the commissioner-partner must avoid. No partner may represent criminal or traffic defendants where the partner on the commission would have to abstain;…
Can the law partners of a lawyer who is bargaining agent for a deputy sheriffs' association take criminal defense cases in that county?
The opinion concluded they may. The committee found no inherent conflict that would absolutely foreclose the partners from criminal or juvenile defense work, but the lawyer must advise the client of t…
Can the same lawyer draft the documents in a real estate deal and also represent the broker at the closing?
The opinion concluded the lawyer cannot. In drafting closing documents the lawyer acts for the buyer and seller whose property rights are affected, so also representing the broker creates conflicting …
Can a lawyer who serves as a court commissioner represent private clients in litigation before the judge who appointed him?
The opinion concluded that it is proper. A court commissioner is not a public officer for incompatibility purposes, and the responsibility to avoid impropriety rests on the judge, not the lawyer. The …
Can a lawyer who is also a municipal justice of the peace represent clients in matters opposed to the same city?
The opinion concluded the lawyer may not. A municipal justice of the peace is an officer of the city, so representing police officers in wage negotiations against that city, or private clients adverse…
Can a lawyer write a will that leaves a bequest to the lawyer who drafted it?
Applying State v. Collentine, the opinion concluded a lawyer may draft a will in which he is a beneficiary only when he is a natural object of the testator's bounty and receives no more than he would …
Can a lawyer use insurance agents to solicit clients for a master pension plan the lawyer's firm would handle?
The opinion concluded that the solicitation activities of insurance agents acting on the lawyer's behalf to promote the master pension plan were improper under Canon 27 and had to be terminated.
Can a district attorney represent a private landowner in a condemnation case brought by the state, while the county and state are his public clients?
The opinion concluded the district attorney may not. A full-time or part-time district attorney represents the county and state at all times, and taking a condemnation case against the state highway c…
Can a lawyer accept and keep a commission or rebate from an insurer, abstractor, or lender connected to a client's matter?
The opinion concluded a lawyer may accept no compensation, commission, rebate, or other advantage from others without the client's knowledge and consent after full disclosure, and even when disclosed,…
Can a lawyer who is a city council or county board member sue that same city or county on behalf of a private client?
The opinion concluded the lawyer should not. An attorney who serves on a city council or county board cannot give undivided loyalty both to the governing body and to a client suing that body, so repre…
Browse State Bar of Wisconsin opinions by topic
Legal ethics opinions from the State Bar of Wisconsin 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.