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 a county child support (IV-D) director represent a custodial parent in a support case after representing the opposing party, or while representing the spouse of a new marriage against a former spouse?
The opinion concluded a IV-D director may not represent a custodial parent against a party the attorney previously represented on substantially the same issues, because representation against a former…
If an assistant district attorney is married to a deputy sheriff in the same county, must the prosecutor treat cases the spouse investigated differently?
The opinion concluded that an assistant district attorney need not treat cases investigated by a deputy-sheriff spouse differently from cases investigated by other law enforcement personnel, provided …
Can a firm that earlier gave a buyer a title opinion later represent the lender foreclosing on that same property against the former client?
The opinion concluded that whether a lawyer may oppose a former client turns on whether the subject matter of the former representation is substantially related to the present one. A firm retained to …
Can a firm that once defended a business in a collection case later represent a different client suing or defending against that former client in an unrelated dispute?
The opinion concluded that whether representation adverse to a former client is permitted turns on whether the new matter is substantially related to the former one, that is, whether the lawyer was so…
Can a lawyer represent a law partner who is a defendant in a personal lawsuit and is expected to testify as a witness in his own case?
The opinion concluded that the lawyer-as-witness prohibition, which requires a lawyer to withdraw when the lawyer or a firm lawyer ought to be called as a witness for the client, does not apply when t…
Can a law firm list its legal assistants or paralegals on the firm's letterhead?
The opinion concluded that a lawyer may list legal assistants on law firm letterhead, so long as the listing complies with the rule barring advertising that is false, misleading, deceptive, or unfair.…
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 divorce lawyer agree to withhold filing the final papers until the client pays the fee, and what ethical options exist for getting paid short of suing the client?
The opinion concluded that it is ethically impermissible to agree that the lawyer will not file the final divorce papers until fees are paid, but that the agreement may, with disclosure, acknowledge t…
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…
If subpoenaed by the IRS or a grand jury, may a lawyer reveal a client's name and the fees and financial transactions involved in the representation?
The opinion concluded the committee could not decide whether such disclosure is proper, because whether the client's name and financial information is a privileged confidence is a question of law for …
Can a lawyer absorb expenses like postage, long-distance calls, and travel rather than billing them to the client?
The opinion concluded that, so long as items such as postage, telephone, and travel are the attorney's own personal expenses and not expenses of the client, the attorney's payment of them is not impro…
Can a lawyer split worker's compensation fees with a lay practitioner who is statutorily authorized to appear before the agency?
The opinion concluded that it would be improper for the lawyer to divide legal fees with the lay practitioner, because the Code bars sharing fees with a nonlawyer; the lay practitioner could be paid o…
Can a lawyer become a part owner of, or work for a fee with, an interdisciplinary financial-planning firm made up of a lawyer, an accountant, a securities broker, and insurance agents?
The opinion concluded that a lawyer may not be a partner in such an organization if any of the lawyer's activities consist of the practice of law, and that even independent participation for a fee is …
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 …
Must a lawyer grant opposing counsel's request for an extension of time to answer, or can the lawyer move for default?
The opinion concluded that a lawyer may legally refuse an extension and move for default, but the Code says a lawyer should accede to reasonable requests on procedural matters and follow local custom;…
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 a law firm pay an insurance company's referral subsidiary a fee equal to a percentage of the fees the firm earns on referred cases?
The opinion concluded that paying the proposed 2 percent-of-fees referral charge would be improper: it is in substance a division of fees with a nonlawyer, and paying any fee for referrals is seeking …
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…
When a complainant in a criminal matter is represented by a lawyer, may the prosecutor copy the complainant directly on a response sent to that lawyer?
The opinion concluded that the no-contact rule applies in the non-adversary criminal context, so a prosecutor may not communicate in any way with a represented complainant on the subject of the repres…
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 law firm mail a letter describing its practice areas to union members in a geographic area, and may it call those practice areas its specialties?
The opinion concluded that general direct-mail advertising to a geographic group is permissible if the letter is not false, misleading, deceptive, or unfair and is not tailored to recipients with an i…
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…
What must a public defender and a supervising lawyer do when assigned caseloads grow too large for competent representation?
The opinion concluded that a staff public defender facing an unmanageable caseload should, except in extreme or urgent cases, decline new matters and withdraw from enough pending matters to handle the…
Can a party's lawyer give a settlement letter to the opposing party's unrepresented relative, and can that relative be used to pass it to the represented opposing party?
The opinion concluded that, with the client's consent, counsel may give a settlement discussion letter to an unrepresented non-party relative, but counsel may not use that relative to communicate with…
Can a lawyer use a lay consulting service for medical-legal research and expert witnesses in personal injury cases, paid on a contingent or flat fee basis?
The opinion concluded that a lawyer may use such a service if it does not engage in the unauthorized practice of law, the lawyer does not share legal fees with it, and no contingent fee is paid for ex…
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…
Can a firm hold back a client's share of a settlement to apply it against the client's other unpaid bills to the firm?
The opinion concluded that no, a firm may withdraw its undisputed fee from settlement funds, but may not retain the client's share to offset the client's general indebtedness from other matters, becau…
Can a corporation's in-house lawyer provide legal services to the general public when the corporation markets those services and keeps the fees?
The opinion concluded that no, an in-house counsel for a community economic development corporation may not provide legal services to the general business public where the corporation markets the serv…
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 law firm mail announcements that it has hired a nonlawyer, such as a former agency official, as a technical assistant?
The opinion concluded that yes, a firm may mail formal announcements of hiring a nonlawyer assistant, with a disclaimer that the person is not licensed to practice law, and it withdrew the contrary pa…
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 an attorney list a public office he or she currently holds on the law firm letterhead?
The opinion concluded that an attorney may not designate a presently held public office on his or her letterhead, because such a title is not relevant information for selecting counsel, is a form of s…
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…
After mailing a prospective client an advertising letter or brochure, can a lawyer follow up with a phone call to that person?
The opinion concluded that such follow-up calls are improper, because Wis. Stat. sec. 757.295 prohibits solicitation of legal business and the Wisconsin Supreme Court required attorneys to avoid solic…
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 a lawyer contact the opposing party's expert witnesses, including treating physicians, without opposing counsel's permission?
The opinion concluded that yes, an attorney may interview an opposing party's expert witnesses without opposing counsel's consent; a later opinion, E-91-4, modified this to bar private interviews of a…
Can a lawyer garnish payments owed to a client who skipped town without paying, in order to collect an unpaid fee reduced to judgment?
The opinion concluded that commencing the garnishment action is not a per se violation of the Code, assuming the client's nonpayment is a gross imposition or fraud, but only if the action will not mak…
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 lawyers advertise to find plaintiffs for a class action or other lawsuit?
The opinion concluded that yes, attorneys may advertise for clients in a class action or other lawsuit, so long as the advertising is not false, misleading, deceptive, or unfair under SCR 20.08(7).
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 speaking at a seminar, can a lawyer send a follow-up letter to attendees who asked the sponsor for more information?
The opinion concluded that sending such a letter would be improper solicitation, because it amounts to recommending the lawyer's own employment to nonlawyers who did not seek the lawyer's advice.
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…
In a contingent-fee case, can the lawyer switch to hourly billing if the client abandons the claim or accepts a settlement the lawyer thinks is too low?
The opinion concluded that the lawyer is limited to the contingent fee when the client accepts a settlement, and that a contract clause letting the lawyer bill hourly because the lawyer deems an offer…
Can a government agency lawyer send the opposing lawyer's client copies of correspondence sent to that lawyer?
The opinion concluded that doing so violates the no-contact rule even when the client has a strong interest in the matter; to address a dilatory opposing lawyer, the agency lawyer may send copies to t…
If a city attorney is called as a witness by the opposing party, must the attorney withdraw from representing the city?
The opinion concluded that the city attorney need not withdraw when called as a witness by the adverse party (rather than on the city's behalf), subject to the rules, the client's consent, and the tri…
Can a lawyer destroy parts of a client's file at the client's request when the other side is expected to seek that material in discovery?
The opinion concluded that the lawyer may not destroy the relevant portions of the file if the lawyer reasonably believes the information will be sought by the opposing party, because a lawyer may not…
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.
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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.