American Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the American Bar Association, with full citations and source links on every page.
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Can a government legal-aid lawyer let a nonlawyer supervisor have free access to client files so the supervisor can collect demographic data about the clients the office serves?
The opinion concluded that a lawyer may disclose client-file information to a nonlawyer supervisor when the disclosure helps carry out the representation, but if it does not, disclosure requires the…
Can a corporation rent out its in-house lawyers to other clients at a markup, or take a cut of a statutory fee award won by its in-house counsel, above what the lawyer cost the company?
The opinion concluded that an in-house lawyer who provides services to third parties for a fee, or who recovers a statutory fee award, violates Model Rule 5.4(a) by turning over to the corporate…
Can a former judge who returns to practicing law keep using the title 'Judge' or 'The Honorable' on letterhead, in pleadings, on the phone, or in the courtroom?
The opinion concluded that a former judge who returns to the practice of law may not continue to use the titles 'Judge' or 'The Honorable' in connection with the practice, because doing so is a…
If a lawyer represents one company, can the lawyer take a matter adverse to that company's corporate affiliate, like a parent or subsidiary, without the client's consent?
The opinion concluded that representing a corporate client does not by itself bar a lawyer from a matter adverse to the client's affiliate in an unrelated matter, but consent is required if the…
Is it ethical to charge a contingent fee to a client who could afford to pay hourly, or when liability is already clear, and can the percentage rise as the case proceeds or as the recovery grows?
The opinion concluded that a contingent fee is ethical as long as it is appropriate and reasonable and the client was fully informed of alternative billing arrangements; a client's ability to pay…
Can a firm describe itself as 'affiliated,' 'associated,' or part of a 'network' with other firms, and what conflict and fee-sharing rules apply to those relationships?
The opinion concluded that lawyers must not mislead prospective clients about firm size, resources, or relationships with other firms, so terms like 'affiliated,' 'associated,' 'correspondent,' or…
Can a lawyer cite an unpublished, 'not for publication' opinion to a court, when the forum court has a rule prohibiting any reference to such opinions?
The opinion concluded that it is ethically improper under Model Rule 3.4(c) for a lawyer to cite an unpublished opinion to a court whose rules specifically prohibit referencing 'not for publication'…
When a government agency or anyone else subpoenas a lawyer's files about a current or former client, what must the lawyer do before producing them?
The opinion concluded that when a governmental agency, or any other entity or person, subpoenas or obtains a court order for a lawyer's files and records relating to the representation of a current…
Can a corporation condition hiring outside counsel, or in-house counsel, on the lawyer's promise never to represent anyone against the corporation in the future, even in unrelated matters?
The opinion concluded that an agreement barring a lawyer from ever representing anyone adverse to the corporation, including in unrelated matters, is an impermissible restriction on the right to…
When a lawyer represents the executor or trustee (the fiduciary) in an estate or trust matter, does the fiduciary's duty to the beneficiaries give the lawyer special duties to those beneficiaries, or change the lawyer's confidentiality duty?
The opinion concluded that a lawyer who represents only the fiduciary is bound by the same Model Rules as any other lawyer; the fiduciary's obligations to beneficiaries neither expand nor limit the…
Can a lawyer bill more than one client for the same hours or recycled work, charge overhead as an expense, or add a surcharge to third-party costs like expert witnesses or computer research?
The opinion concluded that a lawyer must disclose the basis for both fees and other charges, may not bill more time than actually spent (and so cannot bill two clients for the same hours or charge a…
Can a lawyer in a civil case contact the other side's retained expert witness directly, without first getting the opposing counsel's permission?
The opinion concluded that the Model Rules do not flatly prohibit ex parte contact with an opposing party's expert witness, but a lawyer who makes such contact may violate Model Rule 3.4(c) if the…
Can a lawyer or firm argue one legal position for one client while arguing the directly opposite position for another client in a different, unrelated pending case?
The opinion concluded that when a lawyer is asked to advocate a substantive legal position directly contrary to one the lawyer or firm is urging for another client in a different, unrelated pending…
If a civil litigator learns that the client lied in interrogatories or a deposition and produced a forged document, what must the lawyer do, and can the lawyer be forced to tell the court?
The opinion concluded that a lawyer who learns the client has lied in discovery must take all reasonable steps to rectify the fraud, and that the Rule 3.3 duty of candor toward the tribunal…
When a lawyer represents a bank client during a regulatory examination, can the lawyer stay silent about facts adverse to the client, and where is the line on misleading regulators?
The opinion concluded that a lawyer representing a client in a bank examination may not under any circumstances lie to or mislead agency officials, whether by affirmative misstatement or by omitting…
Can a lawyer who takes a pro bono case for a nonprofit organization turn over the court-awarded attorney's fees to that organization without violating the bars on fee-sharing with nonlawyers or paying for referrals?
The opinion concluded that a cooperating or staff lawyer may share, or agree in advance to share, court-awarded fees with a sponsoring nonprofit pro bono organization, and that doing so violates…
Can a lawyer defending a civil case charge a contingent fee based on the amount of money the defense saves the client, rather than on a plaintiff's recovery?
The opinion concluded that the Model Rules do not prohibit a 'reverse' contingent fee for a civil defendant (a fee measured by money saved the client), provided the amount saved is reasonably…
In a mass-tort global settlement, can a defendant condition the deal on the plaintiffs' firm agreeing not to represent present or future claimants against that same defendant?
The opinion concluded that a settlement term restricting plaintiffs' counsel from representing present clients and future claimants against the same defendant is an impermissible restriction on the…
What should a solo lawyer do to protect clients if the lawyer dies, and what are the duties of a lawyer who takes over a deceased solo's client files?
The opinion concluded that a sole practitioner should have a plan designating another lawyer with authority to review client files, identify those needing immediate attention, and notify clients of…
If one of my clients will be an adverse witness in a case I'm handling for a different client, can I cross-examine or take discovery from my own client?
The opinion concluded that examining one's own client as an adverse witness, or conducting third-party discovery of a client, in a matter not itself adverse to that client ordinarily presents a…
If a lawyer learns the client is using her work, like an opinion letter, to keep defrauding a bank, must she withdraw, and may she disavow that work even though it hints at the client's fraud?
The opinion concluded that a lawyer who knows or reasonably believes her services or work product are being used or will be used to perpetrate a fraud must withdraw, and may disaffirm documents she…
If a law firm represents a trade association, can it also take on a client suing one of the association's individual members?
The opinion concluded that the answer turns on whether the individual member is itself a client of the firm: if the member is a client, the firm needs both clients' consent and a reasonable belief…
Does a lawyer violate the rules of professional conduct by entering into a sexual relationship with a client during the representation?
The opinion concluded that, although no Model Rule or Code provision expressly prohibited it, a sexual relationship between lawyer and client during the representation may violate the rules because…
Can a lawyer threaten to bring criminal charges against the opposing party to gain leverage in a civil case, or agree to drop such charges as part of a civil settlement?
The opinion concluded that the Model Rules, unlike the former Code's DR 7-105(A), do not prohibit using the possibility of criminal charges to gain civil relief, provided the criminal matter is…
If a lawyer suspects opposing counsel never told their client about a settlement offer, can the lawyer contact the opposing party directly, or advise their own client to do so?
The opinion concluded that under Model Rule 4.2 a lawyer may not contact the represented opposing party to ask whether a settlement offer was communicated, even if the lawyer seriously doubts that…
When a lawyer represents a partnership, is the client the firm or the individual partners, and can the lawyer keep information from individual partners or also represent them?
The opinion concluded that a partnership is an organization within Model Rule 1.13, so a lawyer who represents a partnership generally represents the entity rather than the individual partners…
If I am licensed in a state that bans law-firm partnerships with nonlawyers and also in D.C., which allows them, can I be a partner in a D.C. firm with nonlawyer partners without violating my home state's rule?
The opinion concluded that a lawyer licensed in both a jurisdiction that bars nonlawyer partnerships (Model Rule 5.4(b)) and one that permits them may be a partner in the permitting jurisdiction's…
Can a lawyer contact a former employee of an adverse corporation, without the corporation's lawyer's consent, to discuss the subject of the representation?
The opinion concluded that the no-contact rule, Model Rule 4.2, does not extend to former employees of an opposing corporate party, so a lawyer may communicate with an unrepresented former employee…
Is information a would-be client shares during an initial consultation protected even if the lawyer never takes the case, and can it disqualify the lawyer or firm from representing someone else in the same matter?
The opinion concluded that information imparted by a would-be client seeking representation is protected from revelation or use under Model Rule 1.6 even though the lawyer never undertakes the…
When can a lawyer or firm use the title 'of counsel' to describe a relationship with another lawyer or firm, and what conflicts consequences follow?
The opinion concluded that the title 'of counsel' (and variants like 'counsel,' 'special counsel,' or 'senior counsel') may be used as long as the relationship between the lawyer and the firm is a…
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Legal ethics opinions from the American Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, 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.