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 in-house counsel for a non-law-firm company provide legal services to the company's customers?
The opinion concludes that an in-house lawyer who provides legal services to the customers of a non-law-firm employer, for the employer's financial benefit, assists the employer in the unauthorized pr…
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 …
Can a lawyer accept a fee or commission for recommending a nonlawyer service provider to a client?
The opinion concluded that the rules did not flatly prohibit a lawyer from receiving consideration for recommending a nonlawyer's services to a client, but that a referral fee which in substance incre…
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 …
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…
Can an estate-planning lawyer hire nonlawyer financial planners as contractors to gather client data and help prepare documents?
The opinion concluded that an estate-planning lawyer's use of nonlawyer financial planners and investment advisors as independent contractors, paid hourly to give free consultations gathering data for…
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 an estate-planning lawyer hire a financial planner to inventory assets, explore options, and witness documents for the lawyer's clients?
The opinion concluded that yes, an estate-planning lawyer may retain a financial planner, with the client's knowledge and consent and at a reasonable fee, provided the arrangement complies with SCR 20…
What ethics rules constrain a company's in-house counsel who is asked to let the employer bill other entities for the lawyer's work, do personal legal work for the owner or the owner's family, or represent affiliated companies?
The opinion concluded that full-time house counsel may not take part in any arrangement under which the employer charges other entities for the lawyer's legal services, because a for-profit business m…
Can a lawyer who gets clients through a bar association's lawyer referral service pay the service a percentage of the fees earned from those clients?
The opinion concluded that under SCR 20:7.2(b) lawyers registered with a bar association's lawyer referral service may contribute a percentage of collected fees toward operating the service, but only …
Can a law firm employ a court reporter full time, use that reporter in its own litigation, and contract the reporter's services out to other lawyers?
The opinion concluded that no ethics rule per se precludes a law firm from employing a court reporter full time for use in the firm's own litigation or from contracting the reporter's services out to …
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 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 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…
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…
Can a lawyer co-own a corporation with a nonlawyer that handles a landlord's entire eviction process and hires the lawyer to do the legal work?
The opinion concluded that a lawyer may not enter such an arrangement, because it risks aiding the unauthorized practice of law, sharing fees and a law partnership with a nonlawyer, and compromising t…
Can Wisconsin and out-of-state law firms form an interstate association and share fees, and how must they describe the relationship on their letterheads?
The opinion concluded that interstate fee and practice arrangements among lawyers are permitted, since the Canons do not control how associated lawyers in different states are paid. But the proposed l…
Can a Wisconsin law firm incorporate as a service corporation, and how must its name and any profit-sharing plan be handled?
Pending ABA Opinion 303, the committee gave informal thoughts: lawyers in a law corporation must stay personally responsible to clients, the firm name must add a corporate designation (S.C., Chartered…
Can a lawyer take suits referred by a lay collection agency where the agency pays the lawyer, uses his name, and controls the litigation?
The opinion concluded the lawyer cannot. An attorney may not accept employment from a lay collection agency to litigate the agency's customers' claims where the agency pays or divides fees, controls t…
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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.