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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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 part-time assistant district attorney also defend criminal cases in private practice, and what happens to the lawyer's firm?
The opinion concludes that because a Wisconsin prosecutor's client is the State, a part-time assistant district attorney has a non-waivable conflict barring the lawyer from representing criminal defen…
What are a prosecutor's ethical duties when dealing with an unrepresented person in Wisconsin?
The opinion concludes that under the amended SCR 20:3.8 a prosecutor must identify their role and interest to an unrepresented person, must tell a person with a right to counsel how to obtain one and …
Does a prosecutor violate the no-contact rule when caseworkers from another county agency contact represented parents in a CHIPS case?
The opinion concluded that the prosecutor does not violate SCR 20:4.2 when county child-welfare workers contact represented parents while carrying out their statutory CHIPS investigation duties, becau…
Can a prosecutor talk to an unrepresented criminal defendant about the case after charges are filed but before the first court appearance?
The opinion concluded that yes, a prosecutor may discuss the case with an unrepresented criminal defendant after a formal prosecution has begun by the filing and service of a summons and complaint but…
Can a government lawyer contact a represented party without counsel's consent based on a Justice Department directive (the Thornburgh Memorandum)?
The opinion concluded that the answer to both questions is no. A Wisconsin-licensed government lawyer may not communicate about the subject of a representation with a party the lawyer knows to be repr…
If one spouse is the district attorney and the other practices criminal defense at a local firm, can their offices be on opposite sides of the same cases?
The opinion concluded that under SCR 20:1.8(i) there is no imputed disqualification based solely on a spousal relationship, so the district attorney may prosecute defendants represented by the spouse'…
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…
May a Wisconsin district attorney mail motions and notices directly to a represented criminal defendant, or contact a child support payor who was once but is not now represented?
The opinion concluded that, absent consent of defense counsel or authorization by law, a district attorney may not communicate with a represented criminal defendant about the subject of the representa…
May a county lawyer let a county-employed physician negotiate a commitment agreement directly with a represented respondent without notifying the respondent's lawyer?
The opinion concluded that, absent prior notification of the respondent's counsel and counsel's consent, negotiations with a represented respondent conducted by the district attorney or other public e…
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…
Does a prosecutor have an ethical duty to disclose to the defense a witness who could help the defendant, and may a prosecutor tell a witness not to talk to the defense?
The opinion concluded that a prosecutor has no duty to actively encourage a witness to talk with the defense but has a duty to timely disclose the existence and whereabouts of a known potential witnes…
Must a prosecutor who is sued by a criminal defendant step aside and ask for a special prosecutor to avoid a vindictiveness claim on appeal?
The opinion concluded that a prosecutor sued by a defendant in a related federal lawsuit is not required to seek or recommend appointment of a special prosecutor to head off a possible appeal based on…
Can a small city attorney's office prosecute a city employee who regularly investigates and testifies for the city in other ordinance cases?
The opinion concluded that a small city attorney's office should not prosecute a city employee for an ordinance violation where the office has a close and continuing working relationship with that emp…
If an assistant district attorney is married to a deputy sheriff in the same county, must the prosecutor treat cases the spouse investigated differently?
The opinion concluded that an assistant district attorney need not treat cases investigated by a deputy-sheriff spouse differently from cases investigated by other law enforcement personnel, provided …
Can an assistant district attorney serve on a community mental-health board of directors while also representing the public in mental-health commitment proceedings?
The opinion concluded that the dual roles are not necessarily incompatible: an assistant district attorney may serve on a Chapter 51 community board while handling mental-health commitment proceedings…
When a complainant in a criminal matter is represented by a lawyer, may the prosecutor copy the complainant directly on a response sent to that lawyer?
The opinion concluded that the no-contact rule applies in the non-adversary criminal context, so a prosecutor may not communicate in any way with a represented complainant on the subject of the repres…
Can a part-time municipal prosecutor defend private clients on charges from other jurisdictions that are tried in the same court where the prosecutor tries the municipality's ordinance cases?
The opinion concluded that the 'same court' is not itself a barrier. It found Memo Opinion 5/65, which had imposed a same-court restriction, contrary to Opinions E-76-12 and E-81-3, reaffirmed those t…
Can a part-time town attorney who prosecutes ordinance violations defend clients in prosecutions brought by other municipalities?
The opinion concluded that a part-time town attorney may defend a private client against an ordinance prosecution brought by a different town, within limits, as long as the attorney had assumed no pro…
Can a former district attorney accept appointment as special prosecutor when he is likely to be called as a witness in the same matter?
The opinion concluded that representing the state in both matters created no disqualifying conflict, but the lawyer-as-witness rule bars accepting the appointment if he knows or it is obvious he may b…
Can a prosecutor amend a criminal complaint up from a misdemeanor to a felony after the defendant pleads not guilty?
The opinion concluded that, on these facts, it is not ethically improper to amend a complaint up from a misdemeanor to a felony after the defendant declines to plead guilty, because the prosecutor nee…
Can a part-time city or village attorney take private criminal defense cases in the same county where the district attorney prosecutes?
The opinion concluded that it generally is not improper. A part-time municipal attorney who handles only traffic and ordinance matters for the city may defend private clients on criminal or state moto…
Can the law partners of a part-time assistant district attorney defend private criminal clients if there is full disclosure and consent?
The opinion concluded that they cannot. A part-time assistant district attorney may do no criminal defense work, and that disqualification extends to the partners and associates of the firm, even with…
Can a district attorney who is salaried as a full-time prosecutor (one not permitted to practice privately) also take private legal clients?
The opinion concluded that the answer turns on the statute. A district attorney paid under the provision for prosecutors not permitted to practice privately owes the county all of his professional tim…
Can a district attorney represent a private landowner in a condemnation case brought by the state, while the county and state are his public clients?
The opinion concluded the district attorney may not. A full-time or part-time district attorney represents the county and state at all times, and taking a condemnation case against the state highway c…
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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.