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.
No State Bar of Wisconsin opinions match these filters
Try a different search term or clear the filters.
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…
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…
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…
When representation ends, what must a Wisconsin lawyer give the client from the file, and can the lawyer hold it for unpaid fees?
The opinion concludes that the file is the client's property and SCR 20:1.16(d) requires the lawyer to surrender it on request when representation ends, including in a usable electronic format if that…
Can one lawyer represent both the host driver and the guest passenger in a car-accident personal injury claim?
The opinion concluded that joint representation of a host driver and guest passenger was not per se prohibited, but turned on a conflicts analysis under SCR 20:1.7. The lawyer could not represent both…
What must a lawyer do when a client cannot be located and the lawyer has lost all contact?
The opinion concluded that because the duties of communication, consultation, and following a client's instructions depend on knowing the client's whereabouts, a lawyer who has lost contact must make …
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 one lawyer represent both an injured plaintiff and the plaintiff's subrogated health insurer in the same personal injury claim?
The opinion concluded that joint representation may be possible, but only with care, because there are clear potential conflicts. The plaintiff and the subrogated carrier share the goal of recovering …
Can a lawyer represent both the majority and minority investors when forming a partnership or corporation, and keep representing one of them if the joint representation has to end?
The opinion concluded that a lawyer may generally represent both majority and minority investors in forming a business if the lawyer complies with the intermediary rule SCR 20:2.2 and the conflict rul…
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…
When a solo practitioner dies, what duties does an associate lawyer who worked as the solo's employee owe to the firm's pending clients?
The opinion concluded that an associate of a deceased solo practitioner must first take action necessary to protect clients' rights, files, and property, then promptly arrange to have authority to win…
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 …
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 lawyer keep representing the first mortgage holder in a foreclosure when the lawyer's own firm holds a second mortgage on the same property and is named as a defendant?
The opinion concluded that although the lawyer and client might be able to resolve the conflict with client consent, because all lienholders shared an interest in a high sale price, continued represen…
Can one lawyer represent both a physician and a hospital insured by the same carrier, while also representing the Patients Compensation Fund, in a medical malpractice case?
The opinion concluded that whether one lawyer may represent multiple medical malpractice defendants with potentially differing interests turns on a case-by-case analysis, and that the lawyer must full…
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…
What must a public defender and a supervising lawyer do when assigned caseloads grow too large for competent representation?
The opinion concluded that a staff public defender facing an unmanageable caseload should, except in extreme or urgent cases, decline new matters and withdraw from enough pending matters to handle the…
When two of a firm's current clients sue each other, can the firm drop one and represent the other in the dispute?
The opinion concluded that a firm may not represent one current client in litigation against another current client, even on an unrelated matter, without both clients' consent after full disclosure, a…
When the other side seeks frivolous-action costs against both a lawyer and the client, must the lawyer withdraw from the case?
The opinion concluded that a frivolous-action cost claim under Wis. Stat. sec. 814.025 creates a potential conflict between attorney and client but does not require withdrawal; continued representatio…
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…
Can legal aid staff lawyers represent indigent co-defendants in the same case, and can the legal aid board order them to withdraw?
The opinion concluded that staff attorneys are neither forbidden to accept nor automatically required to withdraw from representing indigent co-defendants; each attorney must judge whether a specific …
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.