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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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 label an advance fee or an availability retainer 'nonrefundable'?
No. The revised opinion concludes that because both advanced fees and availability retainers must be earned and may have to be refunded under SCR 20:1.16(d), calling either one 'nonrefundable' is a mi…
What ethical duties does a lawyer take on by receiving or paying a referral fee in Wisconsin?
The opinion concludes that under SCR 20:1.5(e)(3) a referring lawyer who shares a fee assumes the same responsibility for the representation as a partner of the receiving lawyer: the referring lawyer …
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…
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 a client stops paying, can a lawyer withhold services, withdraw, or keep the client's file until the bill is paid?
The opinion concluded that a lawyer may not withhold services in a continuing representation to pressure a client to pay, because the duties of competence, diligence, and loyalty leave no room for int…
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 …
Can a lawyer handle the appeal of a divorce judgment on a contingent fee?
The opinion concluded that a lawyer may not accept a divorce appeal on a contingent fee where the fee is contingent on securing the divorce or on the amount of alimony, support, or property settlement…
Can a lawyer propose or agree to a settlement that requires the lawyer to personally indemnify and hold the other side harmless against unknown lien claims on the settlement?
The opinion concluded that under both the former Code and the new Rules, including such indemnification and hold-harmless provisions in settlement agreements is improper, so lawyers may not propose, d…
Can a lawyer pursue unreimbursed litigation costs directly from a worker's compensation client outside the compensation proceeding itself?
The opinion concluded that a lawyer may seek to recover unreimbursed costs directly from a worker's compensation claimant-client outside the proceeding, assuming the costs were reasonable and necessar…
Does a lawyer have to put a retainer or an advance on fees and costs into the client trust account?
The opinion concluded that a true retainer, paid to secure a lawyer's general availability, should not be deposited in the client trust account when there is a clear agreement (preferably written) tha…
Can a lawyer who is also a licensed real estate broker take a referral commission for sending a client to a realtor, and charge both legal and brokerage fees in the same matter?
The opinion concluded that a lawyer who is also a real estate broker may accept a referral fee from a realtor for referring a current client only with the client's express consent at the time of the r…
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…
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 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 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 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…
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…
When a lawyer is appointed guardian of an incompetent person, can the lawyer also charge the ward's estate for legal services as attorney for the guardian?
The opinion concluded that serving as both guardian and attorney and charging for legal services is not prohibited under Wisconsin law, but the lawyer has an ethical duty to charge only a reasonable t…
Can a lawyer add interest to a bill that goes unpaid for 30 days?
The opinion concluded that a lawyer may charge interest on delinquent accounts only if the client was told in advance and agreed to it; a generic 'finance charge' or 'late charge' line on statements i…
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 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 lawyer let clients pay legal fees through a credit card plan?
The opinion concluded that financing fees through a credit card plan does not appear to contravene any specific canon or disciplinary rule, but the committee declined to make a final determination or …
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 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 manufacture a dispute in a workers' compensation case just to charge the maximum allowed contingent fee?
The opinion concluded the lawyer cannot. It is unethical to concoct an aura of contest where there is no true contest, or before any conflict is known, for the sole purpose of charging the statutory m…
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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.