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…
Can a Wisconsin lawyer who will be a necessary witness also serve as the advocate at the same trial?
Generally no. The opinion concludes that under SCR 20:3.7 a lawyer who is likely to be a necessary witness may not act as advocate at the same trial unless an exception applies, and because the rule p…
How do conflict-of-interest and confidentiality rules apply to a Wisconsin guardian ad litem who represents a ward's best interests rather than the ward personally?
The opinion concludes that a guardian ad litem (who must be a lawyer in Wisconsin) has a client for disciplinary purposes, the 'best interests' of the ward, and analyzes conflicts under SCRs 20:1.7, 1…
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…
Can a Wisconsin lawyer reveal client information to respond to a negative online review or social-media criticism?
No. The opinion concludes that a lawyer may not reveal information relating to the representation in response to online criticism without the affected client's informed consent, and that the self-defe…
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…
What ethical duties apply to a Wisconsin lawyer who works remotely or from outside the state?
The opinion concludes that working remotely does not change a lawyer's core duties of competence, diligence, communication, and confidentiality, but heightens the need for technological competence, re…
Can a Wisconsin lawyer cross-examine a current or former client who is an adverse witness in another case?
The opinion concludes that cross-examining a current client is always a conflict under SCR 20:1.7 that requires both clients' signed informed consent to continue, and cross-examining a former client i…
When a client or third party files a grievance against a Wisconsin lawyer, must the lawyer withdraw, and what can the lawyer disclose?
The opinion concludes that the mere filing of a grievance does not by itself create a conflict requiring withdrawal or client consent, though it may support permissive withdrawal; but if the grievance…
Must a criminal defense lawyer correct a court that is unaware of the client's prior OWI convictions, when the error benefits the client and no one has asked the lawyer about it?
The opinion concludes that a defense lawyer has no affirmative duty to proactively correct a court's or prosecutor's mistaken understanding of the number of prior OWI convictions, because the lawyer n…
Does a lawyer who drafts a form contract for one client have a conflict if another client might later negotiate against it?
The opinion concludes that drafting a form contract for a client is not, by itself, a conflict merely because the form might later be used against another client of the firm; there is no direct advers…
Must a lawyer scrub metadata before sending electronic documents, and may a lawyer mine metadata in documents received from an opponent?
A sending lawyer must act competently to prevent disclosing significant metadata; a receiving lawyer is not barred from mining metadata, but must comply with SCR 20:4.4(b) or (c) if it reveals materia…
Is the identity of a current or former client protected by the duty of confidentiality?
The opinion concludes that under SCR 20:1.6 the duty of confidentiality protects all information relating to the representation, whatever its source, including a client's identity, so a lawyer may not…
How long must a Wisconsin lawyer keep closed client files before destroying them?
The opinion concludes there is no fixed retention period in the rules, but if the former client has not requested the file the lawyer should keep it at least six years after the last act that could gi…
Can a Wisconsin lawyer store and transmit client information using cloud computing services?
Yes. The opinion concludes that a lawyer may use cloud computing as long as the lawyer makes reasonable efforts, commensurate with the risks, to protect the confidentiality of client information and t…
Does a stranger who sends an unsolicited email become a prospective client the lawyer owes confidentiality to?
The opinion concludes that a person who sends a unilateral, unsolicited communication has no reasonable expectation that the lawyer is willing to discuss forming a relationship, so the duties owed to …
When does talking to a prospective client who does not retain you disqualify you from representing the other side?
The opinion concludes that under SCR 20:1.18(c) a lawyer who consulted a prospective client may later represent an adverse party in the same or a substantially related matter unless the lawyer receive…
If a client signed a doctor's lien on settlement proceeds but the lawyer never agreed to honor it, can the lawyer disburse the funds to the client?
No, not while the claim is disputed. The opinion concludes that once a lawyer has notice that a third party asserts an interest in specific trust funds identified by lien, court order, judgment, or co…
What must lawyers do when they share office space, staff, and equipment with other lawyers or with nonlawyers?
The opinion concluded that the rules did not prohibit lawyers from sharing office space, staff, or equipment with other lawyers or nonlawyers, provided they protected client confidences, did not hold …
Can defense counsel for an insured send billing detail to the insurer's outside auditor, and must counsel accept the insurer's defense restrictions?
The opinion concluded that a lawyer representing both an insurer and an insured could not submit billing detail containing confidential information to the insurer's outside auditor without the insured…
When may a Wisconsin law firm use temporary or contract attorneys, and what conflict and confidentiality rules apply?
The opinion adopted ABA Formal Opinion 88-356, concluding that a firm may use temporary or contract lawyers if the firm and the lawyer guard against conflicts of interest, maintain confidentiality, an…
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 a lawyer is genuinely unsure whether the confidentiality rule requires revealing a client's confidences to prevent the client from causing substantial financial or property harm to someone else, will the lawyer be disciplined either way?
The opinion concluded that SCR 20:1.6(b) requires disclosure only when the client's act is criminal or fraudulent and is reasonably believed likely to cause substantial financial or property injury to…
Does a lawyer have to report opposing counsel's serious misconduct to the disciplinary authority if reporting it would reveal the lawyer's own client's information?
The opinion concluded that no, a lawyer is not required to report opposing counsel's misconduct when doing so would prejudice the lawyer's client, because the reporting duty under SCR 20:8.3(a) does n…
Can a lawyer reveal a deceased client's confidential information to prevent harm to someone else, such as to keep an innocent person out of prison?
The opinion concluded that a lawyer's duty to preserve a client's secrets and confidences does not end with the client's death but continues indefinitely unless disclosure is consented to, ordered by …
When must a lawyer break client confidentiality to report that a client is abusing, or failing to protect, the client's child?
The opinion concluded that where the client is the abuser and the lawyer reasonably believes the abuse will continue despite efforts to get the client to stop and seek counseling, the lawyer must repo…
A lawyer for a seller learns just before closing that hazardous waste is buried on the property and the buyer has not been told. Must the lawyer disclose, and can quitting avoid the duty?
The opinion concluded that whether the lawyer must disclose turns on whether nondisclosure would be criminal or fraudulent, a legal question outside the committee's jurisdiction; but if it would be, S…
Can a lawyer defend another lawyer in a malpractice case when the two firms regularly appear against each other as opposing counsel in unrelated matters?
The opinion concluded that counsel offered a retainer by a lawyer-malpractice defendant's insurer should decline the representation, absent the defendant firm's informed consent, where counsel has or …
Can a former in-house lawyer later represent clients against the former corporate employer in matters that were not pending while the lawyer was employed there?
The opinion concluded there is no per se bar to a former house counsel representing clients against a former corporate employer in matters that were not pending before or at the time employment ended.…
Can a district attorney's office hire a part-time non-lawyer who also works part time in the court's register in probate office for the judge?
The opinion concluded there is no per se prohibition against a public or private law office employing a part-time non-lawyer who also holds other law-related employment. The committee concluded the sh…
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 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 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 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 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…
Can a lawyer keep all firm and client funds in a single trust account if a computer accounting system tracks them as two separate accounts?
The opinion concluded that a single pooled account does not satisfy the trust-account rule, which requires a physically separate bank account for client funds; computer accounting distinctions do not …
Can a lawyer disclose a deceased client's confidential statements if the personal representative waives the attorney-client privilege?
The opinion concluded that a deceased client's personal representative may waive the attorney-client privilege, and that the attorney discharges his ethical duty by raising any objection he has to dis…
Can attorneys participate in a third-party plan that finances clients' legal fees through a revolving credit arrangement?
The opinion concluded that attorneys may participate in a third-party plan financing clients' legal fees, finding no ethically objectionable features where the client is given the option to pay other …
Can a lawyer give the administrator of a deceased client's estate a tape recording the lawyer made of the client's confidential discussion?
The opinion concluded that the lawyer could not. Under the confidentiality rule, it would be improper to disclose the contents of the tape recording of the deceased client's discussion, or to release,…
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 a lawyer accept credit cards for legal fees and charge interest on overdue client accounts?
The opinion concluded that both are permitted within limits. Adopting ABA Formal Opinion 338, the committee said lawyers may accept credit cards for legal fees and charge interest on delinquent accoun…
Can a retiring lawyer sell the goodwill of his practice to a younger lawyer, and does a client get his files back?
The opinion concluded a lawyer may not sell or otherwise dispose of the goodwill of his practice, though he may sell office furniture, equipment, and library; a client has an absolute right to withdra…
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.