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 lawyer's engagement agreement require the client to cooperate and let the lawyer withdraw if the client does not?
Yes, within limits. The opinion concludes that under Rule 1.16(b)(5) a lawyer may withdraw when a client substantially fails to meet an obligation 'regarding the lawyer's services' (paying fees, coope…
If a lawyer knows of a fact that should disqualify the judge but the judge has not raised it, must the lawyer tell the court?
Generally yes, subject to confidentiality. The opinion concludes Rule 8.4(d) requires a lawyer who knows information reasonably likely to give rise to a judge's recusal obligation to disclose it to th…
Do judicial ethics rules apply to how a judge hires staff, makes appointments, and supervises chambers, or only to deciding cases?
They apply to administration too. The opinion concludes that the Model Code of Judicial Conduct's duties of impartiality and integrity (Canons 1 and 2 and Rules 1.2, 1.3, 2.3, 2.4, 2.12, and 2.13) ext…
After a representation ends, must a lawyer answer a former client's or new counsel's questions about things that were never written down in the file?
Sometimes. The opinion concludes Rule 1.16(d) requires a former lawyer to convey unrecorded information acquired during the representation when it is necessary to protect the client's interests in tha…
How much can a lawyer tell the judge about the client when filing a motion to withdraw from the case?
Very little without the client's consent. The opinion concludes that Rule 1.6 confidentiality limits what a lawyer may disclose in a withdrawal motion, even when withdrawal is mandatory, so the lawyer…
When a lawyer serves as a mediator, what must the lawyer tell the parties, and can the mediator exaggerate or bluff to push a settlement?
Under Rule 2.4 a lawyer-mediator must tell unrepresented parties that the mediator does not represent them and, where parties do not understand the process, explain how the neutral role differs from r…
Does a lawyer violate the ethics rules by striking jurors based on race or another protected trait during jury selection?
When the strike is unlawful, yes. The opinion holds that exercising peremptory challenges the lawyer knows or reasonably should know are unlawfully discriminatory (a Batson violation) is not 'legitima…
When can a lawyer voluntarily withdraw from a client's matter for the lawyer's own reasons without violating the ethics rules?
Under Rule 1.16(b)(1) a lawyer may withdraw for any reason, even to take on an adverse client, so long as withdrawal causes no material adverse effect on the client's interests in the matter. The opin…
Can a lawyer report a client to the police when the client commits a crime against the lawyer, even though the lawyer owes the client a duty of confidentiality?
Yes. The opinion finds an implicit exception to Rule 1.6 that lets a lawyer who is the victim of a client's crime, or who witnesses a client's crime against the lawyer's staff or family, disclose info…
When a company's lawyer advises the company about a course of action that could expose an officer or employee to personal liability, does the lawyer owe anything to that constituent?
The lawyer represents only the organization, not its constituents. But competence and candid-advice duties can require advising the organization about legal risk to its constituents, and Rules 4.1, 4.…
How much does a lawyer have to investigate a client before taking the matter to avoid assisting a crime or fraud, and when does that duty come up again later?
Under amended Model Rule 1.16(a), a lawyer must make a reasonable, risk-based inquiry before each representation, and renew it when later facts raise questions about whether the client is using the la…
What do the ethics rules require of a lawyer who uses generative AI tools like ChatGPT in client work?
Lawyers may use generative AI but must understand the tool's limits, independently verify its output, get the client's informed consent before inputting information relating to the representation, and…
Can a lawyer post a question or comment about a current matter to a listserv or online lawyer discussion group without the client's consent?
Not if there is a reasonable likelihood the post would let a reader identify the client or the situation. A lawyer may join general discussions of legal news and developments, but posting case-specifi…
A lawyer talked to a prospective client but did not take the case; can the lawyer's firm still represent someone adverse to that prospective client without disqualifying the whole firm?
Yes, if the lawyer took reasonable measures to avoid learning more disqualifying information than necessary to decide whether to take the matter, is timely screened, shares no fee, and the firm gives …
If a lawyer learned confidential government information while in public service, when does Model Rule 1.11(c) bar the lawyer from representing a private client against the person that information concerns?
Rule 1.11(c) applies whether the lawyer has left government or still serves (including part-time private practice), and the disqualification reaches any client the lawyer represents in private practic…
Where is the ethical line between legitimately preparing a witness to testify and improperly coaching the witness, including over video?
Preparing a witness is proper and often ethically required, but it becomes misconduct when the lawyer counsels or assists false testimony or obstructs evidence. The same limits apply to remote proceed…
Can lawyers who are not in the same firm share office space, and what do they have to do to protect client confidences and avoid conflicts?
Yes. Office sharing is generally permitted if the lawyers protect client information, do not hold themselves out as one firm, supervise shared staff, and run conflict checks. They are not automaticall…
What client-intake tasks can a lawyer delegate to a nonlawyer assistant, and which questions from a prospective client must the lawyer answer?
A lawyer may train and supervise a nonlawyer to gather intake information, run an initial conflict check, answer general questions about fees and process, and obtain a signature, as long as the prospe…
Can a lawyer call a flat fee or retainer paid up front 'nonrefundable' or 'earned on receipt,' and keep it out of the trust account?
No. A fee paid in advance for future work must go into a client trust account and may be withdrawn only as earned; any unearned part must be refunded if the representation ends. Labeling it nonrefunda…
When a lawyer practices across states with different ethics rules, which state's rules of professional conduct apply to the lawyer's conduct?
Under Model Rule 8.5(b), conduct connected to a pending tribunal matter follows the rules of the jurisdiction where the tribunal sits; all other conduct follows the rules where the conduct occurs, or …
If a lawyer copies their own client on an email to opposing counsel, can opposing counsel hit 'reply all' and include that client without violating the no-contact rule?
Yes. Absent special circumstances, copying your own client on a group email or text to opposing counsel impliedly consents under Rule 4.2 to a 'reply all' that reaches your client. To avoid that, do n…
Does the no-contact rule apply to a lawyer representing themselves, so that the lawyer cannot contact the opposing represented party directly?
Yes. A lawyer who is self-represented is still 'representing a client' under Rule 4.2, so the lawyer may not communicate directly with another represented person about the matter without that person's…
When is a lawyer responsible under the solicitation rule for live contact made by the lawyer or by employees, lead generators, or others acting for the lawyer?
Under amended Rule 7.3, a lawyer may not use live person-to-person contact to solicit clients for pecuniary gain, and is responsible under Rules 8.4(a) and 5.3 when employees or agents do so on the la…
Does a lawyer have to arrange an interpreter or translator when the lawyer and client do not share a language?
A language barrier, or a client's hearing, speech, or vision disability, does not lessen the lawyer's duties of communication and competence. The opinion says the lawyer, not the client, must evaluate…
Can a lawyer in a state that bans nonlawyer firm ownership passively invest in a firm with nonlawyer owners in a state that allows it?
Yes. The opinion concludes that a lawyer in a Model Rule 5.4 jurisdiction may make a passive investment in an alternative business structure (a firm with nonlawyer owners) operating where such firms a…
Do the ethics rules let a lawyer practice virtually with no physical office, and what does the lawyer have to do to comply?
Yes. The opinion concludes the Model Rules permit virtual practice, with no requirement of a brick-and-mortar office, but a lawyer practicing virtually must still meet the duties of competence, dilige…
What does 'materially adverse' mean for conflicts with a former or prospective client, and does economic competition count?
The opinion concludes that 'materially adverse' under Rules 1.9 and 1.18 is broader than direct adverseness: it covers suing or negotiating against a former client, attacking the lawyer's own prior wo…
Can a lawyer reveal confidential information to respond to a client's negative online review?
No. The opinion concludes a negative online review, by itself, does not trigger the self-defense exception in Rule 1.6(b)(5), and a public online response that reveals or could lead to client confiden…
Can a lawyer live and work remotely in a state where they are not licensed, while practicing only the law of the state where they are licensed?
Yes, with limits. The opinion concludes a lawyer may practice the law of a jurisdiction where licensed while physically located in a jurisdiction where not admitted, as long as the local jurisdiction …
Does a lawyer have to tell the client when the lawyer is friends with, or in a relationship with, opposing counsel?
It depends on how close the relationship is. The opinion sorts relationships with opposing counsel into intimate relationships, friendships, and acquaintances. Intimate relationships generally require…
What conduct does Model Rule 8.4(g) prohibit as harassment or discrimination, and how far beyond the courtroom does it reach?
The opinion concludes Rule 8.4(g) makes it misconduct for a lawyer to engage in conduct related to the practice of law that the lawyer knows or reasonably should know is harassment or discrimination o…
When does talking to someone who never hired me disqualify me from representing the other side later?
The opinion concludes that under Rule 1.18 a lawyer who learns information from a prospective client that could be significantly harmful to that person is disqualified from later representing an adver…
When does a lawyer have to ask questions before helping a client with a transaction that might be a crime or fraud?
The opinion concludes that Rule 1.2(d) bars assisting a client in conduct the lawyer knows is criminal or fraudulent, that this knowledge can be inferred from circumstances and includes willful blindn…
Does a judge have to check whether a person can actually pay before jailing them for unpaid court fines, fees, or debt?
Yes. Before using incarceration for failure to pay fines, fees, restitution, bail, or civil debt, a judge must make a meaningful inquiry into the litigant's ability to pay, and may not act under a fin…
When a lawyer leaves a firm, who notifies the clients, and can the firm impose a long notice period or block the departure?
The opinion concludes that lawyers may leave a firm and clients choose their own counsel. Firms may request only a brief notice period needed for an orderly transition and may not use rigid notice per…
When does a judge have to recuse or disclose because the judge is friends with, or close to, a lawyer or party in the case?
A judge need not recuse or disclose a mere acquaintance with a lawyer or party. A friendship may require disclosure or disqualification depending on its closeness, and a romantic or intimate relations…
When a new lawyer takes over a contingent-fee case from a prior lawyer, do the fee-splitting rules apply, and what must the client be told?
The opinion concludes that when a successor lawyer replaces a prior lawyer in a contingent-fee matter, this is not a Rule 1.5(e) fee division (which covers lawyers working together), but the successor…
Can a judge who performs opposite-sex weddings refuse to perform marriages for same-sex couples?
No. A judge who performs marriages for opposite-sex couples may not refuse to perform them for same-sex couples; doing so manifests bias and prejudice under the Model Code. A judge may decline to perf…
Can a lawyer refer a client to a finance company or broker to borrow money to pay the lawyer's fee?
Yes. The opinion concludes a lawyer may refer a client to a fee-financing company or broker in which the lawyer has no financial interest, provided the lawyer complies with Rules 1.2(c), 1.4(b), 1.5(a…
After a hacker or data breach exposes client information, what does a lawyer have to do, and must clients be told?
The opinion concludes that when a breach involves, or is substantially likely to involve, material client confidential information, the lawyer must notify affected current clients and take other reaso…
What are a lawyer's ethical duties to prepare for and respond to a disaster that destroys files or shuts down the office?
The opinion concludes that the Rules apply with full force during a disaster and that advance planning reduces the risk of violating them. Lawyers must keep communicating with clients, develop enough …
Does a lawyer have to tell a client about the lawyer's own mistake, and does that duty reach former clients?
The opinion concludes that Rule 1.4 requires a lawyer to tell a current client about a material error, meaning one a disinterested lawyer would find reasonably likely to harm the client or serious eno…
Can a lawyer blog or post about a client's case if the details are already in the public record?
No, not without consent. The opinion concludes that the confidentiality duty in Rule 1.6 covers all information relating to a representation, including information in a public record, so a lawyer may …
When can a lawyer use a former client's information because it is 'generally known'?
Only when the information is widely recognized by the public in the relevant area or within the former client's industry or trade. The opinion concludes that information is not 'generally known' just …
Can a judge look up facts about a case or the parties on the internet, like checking Google, Yelp, or social media?
No, not for disputed adjudicative facts. A judge may not independently research facts about a pending matter online under Model Code Rule 2.9(C); the judge may only use the evidence presented and fact…
Can a lawyer email clients without encryption, and when is stronger security required?
Usually yes. The opinion concludes that unencrypted routine email generally remains acceptable if the lawyer makes reasonable efforts to prevent unauthorized access, but stronger measures such as encr…
How much can a lawyer disclose when moving to withdraw from a case for unpaid fees?
Only the minimum needed. The opinion concludes that a lawyer should first cite 'professional considerations,' and if the court demands more, Rule 1.6(b)(5) permits disclosing only the confidential inf…
How must a lawyer handle a fee that has to be split with a lawyer at another firm?
Treat the other lawyer as a third person under Rule 1.15. The opinion concludes that the lawyer who receives the fee must hold it separate from the lawyer's own property, promptly notify the other law…
Does taking a referral fee make the referring lawyer subject to the conflict-of-interest rules?
Yes. The opinion concludes that a lawyer who refers a matter and shares the fee has undertaken representation of the client, so the arrangement is subject to Rule 1.7; where a conflict exists, the law…
What must a lawyer do when served with a subpoena for a client's documents or information?
Consult the client if possible and assert all reasonable objections. The opinion concludes that the lawyer must notify or try to notify the client, raise non-frivolous grounds against disclosure, may …
When I deal with a pro se opposing party who may have gotten limited-scope help from a lawyer, can I communicate with them directly?
The opinion recommends asking whether the person is or was represented for any part of the matter. If the person is represented on the issue, Rule 4.2 requires going through counsel; on aspects for wh…
What parts of the file must a lawyer turn over to a former client at the end of a representation?
The papers and property the client is entitled to, but not materials the lawyer made for the lawyer's own purposes. The opinion concludes that client-provided materials, filed and executed documents, …
Can a judge sign a letter to all lawyers in the state encouraging them to do pro bono work?
Yes. A state supreme court judge may sign a letter on the judge's stationery, mailed by the unified bar to every lawyer in the state, urging them to meet their Rule 6.1 pro bono responsibility, becaus…
Can a prosecutor let a debt collection company send prosecution-threat letters on the prosecutor's letterhead?
No. The opinion concludes that a prosecutor who lets a debt collection company use official letterhead to threaten prosecution, without any lawyer reviewing the file or the letter, violates Rule 8.4(c…
After selling a law practice, can the selling lawyer stay involved to transition active client matters?
Yes, for a reasonable period. The opinion concludes that a lawyer selling a practice under Rule 1.17 must stop taking new matters in the sold area but may help the buyer transition active matters for …
What supervisory duties do managing prosecutors owe over the lawyers and staff in their offices?
The same as other managing and supervising lawyers. The opinion concludes that prosecutors' offices are 'firms,' so managerial prosecutors must adopt reasonable compliance policies and supervising pro…
Can a lawyer look up jurors and prospective jurors on social media during a trial?
Yes, passively. The opinion concludes that a lawyer may passively review a juror's public internet presence but may not send an access request such as a friend request, which is a prohibited ex parte …
Can a lawyer sell legal services through a daily-deal or group-coupon site like Groupon?
Coupon-style deals can be structured to comply, but prepaid deals are harder. The opinion concludes the marketer's retained percentage is an advertising cost (not fee sharing) if reasonable, and that …
Can a lawyer split a fee with a firm in a jurisdiction that allows fee sharing with nonlawyers?
Yes. The opinion concludes that a lawyer subject to the Model Rules may divide a fee through a single client billing with a lawyer or firm in a jurisdiction that permits nonlawyer fee sharing, even th…
Do the ethics rules make a lawyer a 'gatekeeper' who must report a client suspected of money laundering?
No. The opinion concludes the Model Rules neither require nor permit a lawyer to act as a mandatory-reporting gatekeeper, but it is prudent for lawyers to perform risk-based client due diligence to av…
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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 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.