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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How does a Wisconsin criminal defense lawyer handle a client whose competency to stand trial is in doubt?
The opinion concludes that in criminal cases constitutional and Wisconsin competency law largely supplants SCR 20:1.14: when there is reason to doubt the client's competence the lawyer must notify the…
When a lawyer leaves a Wisconsin law firm, what do the lawyer and the firm owe to the clients the lawyer was handling?
The opinion concludes that when a lawyer leaves a firm both the lawyer and the firm must protect affected clients, principally the client's right to choose counsel and to receive competent, diligent r…
Can a Wisconsin lawyer record a conversation without telling the other person, when the recording is legal under one-party-consent law?
It depends on who is recorded. The opinion concludes that recording clients, judges, or court personnel without their knowledge and consent violates the disciplinary rules, but recording opposing coun…
What may a Wisconsin lawyer do when a client has become a fugitive, and must the lawyer disclose the client's location?
The opinion concludes that a fugitive client's location is protected by confidentiality and often privileged, so the lawyer neither must nor may disclose it absent client consent or a court order. The…
If a court, the prosecutor, or a clerk makes a mistake that benefits a criminal defense client, must the lawyer correct it?
The opinion concludes that a lawyer who learns of an error by the court, opposing counsel, or a third party that benefits the client, and which the lawyer had no role in causing, is not required to ac…
When does a Wisconsin lawyer seeking a job with an opposing firm or party have a conflict of interest in the case they are handling?
The opinion concludes that a lawyer with an active, material role in a matter has a personal-interest conflict under SCR 20:1.7(a)(2) once the lawyer sends a targeted, specific expression of interest …
What must a Wisconsin lawyer tell a client about fees and expenses, and when does that have to be in writing?
The opinion concludes that a lawyer must communicate the scope of the representation, the basis or rate of the fee, and the expenses the client will bear, in enough detail for the client to understand…
What must a lawyer do when a client cannot be located and the lawyer has lost all contact?
The opinion concluded that because the duties of communication, consultation, and following a client's instructions depend on knowing the client's whereabouts, a lawyer who has lost contact must make …
If a lawyer raises the hourly rate on a referred case so the increase can be paid to the referring lawyer, must the client be told?
The opinion concluded that yes, in every case the client must be told that the receiving lawyer's hourly fee was increased because of the referral. The committee treated the arrangement as a division …
Can a lawyer charge interest, such as 1% per month, on a client's overdue fee and cost balances?
The opinion (revised April 17, 2020) concludes that a lawyer may charge interest on delinquent fee and cost balances if the interest is reasonable under SCR 20:1.5(a) and the client was given advance …
When a client pays a cash fee over $10,000, must a lawyer disclose the client's identity to the IRS on Form 8300?
The opinion concluded that a lawyer may not disclose a client's identity or fee information without the client's informed consent (SCR 20:1.6(a)), and that before accepting a cash fee over $10,000 the…
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 …
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;…
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 lawyer write and publish an 'Ask the Lawyer' newspaper column?
The opinion concluded that a lawyer may prepare and disseminate an 'Ask the Lawyer' column, within limits: the column must not give individual legal advice or appear to solve individual problems, the …
Can a lawyer give a divorce handbook with general information to the lawyer's own divorce clients?
The opinion concluded the lawyer may circulate a divorce handbook of the type proposed to give general information to the lawyer's own divorce clients, while expressing no view on the accuracy of its …
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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.