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 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 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 conflicts arise when a Wisconsin criminal defense lawyer moves to a prosecutor's office, or a prosecutor moves to a defense firm?
The opinion concludes that a defense lawyer who interviews to become a prosecutor or who runs for district attorney has a personal conflict in every criminal case and may continue only with each clien…
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…
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…
Can a lawyer contact someone who is represented by another lawyer in a different, unrelated matter?
Yes. SCR 20:4.2 only bars communication about the matter in which the person is represented, so a lawyer who represents no one in that matter may contact a represented witness, give a second opinion (…
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…
A law firm represented both spouses on business and property matters for years. Can the firm now represent the husband in a divorce against the wife?
The opinion concluded that although the firm's prior business and property work for the couple was not the same as the divorce, it was substantially related under SCR 20:1.9 because the firm would be …
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 a lawyer leaves an office-sharing practice to become an assistant city attorney, can he appear before a relative who is a municipal judge, prosecute his old firm's former clients, or face his relatives as defense counsel?
The opinion concluded that the new assistant city attorney may not appear before his office-mate relative sitting as municipal judge, because SCR 60.03 would require the judge to recuse and SCR 20:8.4…
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 lawyer who served as a child's guardian ad litem in a protective services case later prosecute a termination of parental rights case involving the same child?
The opinion concluded that an attorney who once acted as guardian ad litem for a child in a protective services proceeding may not later act as prosecutor (or as defense counsel) in a termination of p…
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…
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 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…
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…
Can a lawyer who represented two business partners later sue one of them on behalf of the other?
The opinion concluded that a lawyer who jointly counseled two partners on incorporating their business may not later represent one against the other to recover partnership assets. Having served both, …
Is a law firm disqualified from representing a client when a state agency official with regulatory power over that client joins the firm?
The opinion concluded that whenever the former agency official would be disqualified under the Wisconsin public-official statutes and Canons 4, 5, and 9, each member of the firm would be disqualified …
Can a lawyer who investigated a claim for a former client later represent a claimant against a co-surety, when a contribution claim might reach the former client?
The opinion concluded that it would be improper. A lawyer who investigated a bond claim for a former client cannot later represent the claimant against the co-surety in the same matter, even where no …
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,…
If someone writes to the estate's lawyer announcing a claim against the estate, does the lawyer have to tell them to get counsel before the filing deadline passes?
The opinion concluded that the lawyer had a duty to advise the unrepresented claimant promptly that he had a possible claim and should seek other counsel or contact the register in probate to perfect …
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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.