Alabama State Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Alabama State Bar, with full citations and source links on every page.
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Can a lawyer represent a husband in a divorce after having represented the wife in an earlier estate matter?
The opinion concluded the lawyer should withdraw: a lawyer may take a matter adverse to a former client only if there is no substantial relationship to the prior representation and the lawyer could no…
Is a law firm brochure permissible under Alabama's lawyer-advertising rules?
The opinion concluded the submitted firm brochure was permissible because it was not false or misleading and complied with the Temporary Disciplinary Rules governing lawyer advertising and solicitatio…
Can a lawyer who is also a director, officer, and shareholder represent the corporation in an acquisition?
The opinion concluded the lawyer may represent the corporation and its board in the acquisition if he fully discloses his personal interests to the board and the board consents, because the board defi…
Can non-lawyer law students sell legal-research services to lawyers and law firms without it being the unauthorized practice of law?
The opinion concluded that a law-student legal-research business that markets only to lawyers and law firms (not the public), and discloses that its work is not a legal opinion and is merely a transmi…
Can a lawyer who has since been suspended or disbarred still collect fees earned for work done while he was still licensed?
The opinion concluded a suspended or disbarred lawyer may receive, after the date of suspension or disbarment, legal fees to which he was entitled for work performed before that date, and a bankruptcy…
Can a law firm's certified legal secretary or paralegal have a business card showing her credential and the firm address?
The opinion concluded a certified Professional Legal Secretary may list her name, the initials PLS, and the office address on a business card, but the card must also carry the mandatory 'Non-Lawyer As…
Can one lawyer represent both the buyer and the seller in a real estate closing?
The opinion concluded a lawyer may represent both the buyer and the seller in a real estate transaction, including doing the title work, if both parties consent after full disclosure of the potential …
When winding up a deceased lawyer's practice, what should be done with trust-account money that can't be matched to a client or whose client can't be found?
The opinion concluded that, after a reasonable good-faith effort (including newspaper publication) to identify and locate the owners, funds that cannot be attributed to any client may be paid to the d…
Can a law firm publish a 'tombstone' announcement naming the deals it worked on and the clients involved?
The opinion concluded a firm may publish 'tombstone announcements' of its participation in selected transactions, naming the clients, but only with each client's prior consent after full disclosure, a…
Can a plaintiff's lawyer interview a corporate defendant's employee witnesses without going through the corporation's lawyer?
The opinion concluded a lawyer may directly contact and interview a corporate opponent's lower-level employee witnesses without the corporation's permission or notice to its counsel, as long as the em…
Can a lawyer who also owns a real estate company close a sale developed by that company for a customer the lawyer already represented?
The opinion concluded that where the lawyer originally represented the customer as a client and referred that client to his real estate company with full disclosure of his interest, he may ethically c…
Can a law firm take collection cases referred to it by a credit bureau that one of the firm's partners co-owns?
The opinion concluded the firm may not represent collection clients referred to it by a credit bureau in which a firm member holds an interest, whether the referral is direct or after the bureau first…
Can a company hire a lawyer licensed only in another state as in-house counsel in Alabama without that lawyer passing the Alabama bar?
The opinion concluded an attorney admitted in another state but not in Alabama may work as a corporation's full-time in-house counsel doing legal work exclusively for the employer without committing t…
When a client (or former client) asks for the file, what must the lawyer hand over, and can the lawyer hold it back over unpaid fees?
The opinion concluded the file belongs to the client: subject to the statutory attorney's lien, a lawyer must surrender to the client (on request) materials the client furnished and original documents…
Can a part-time municipal judge privately represent a city police officer indicted over an on-duty shooting, and also defend the city in the related civil suit?
The opinion concluded a lawyer serving as municipal judge may represent the police officer if indicted and may represent the city in any related civil suit, provided that in his judicial capacity he h…
Can a lawyer pay an investigator a fee to produce known witnesses and documents for a lawsuit?
The opinion concluded a lawyer may pay an investigator/consultant a sum to produce documents and witnesses already located, provided none of the money reaches the witnesses, the content of the witness…
Can one lawyer represent several accident victims from the same crash, including a wrongful-death claim, when the insurance covers everyone fully?
The opinion concluded that where there is no question about the carrier's coverage or ability to pay, so that sufficient assets exist to satisfy all potential claims, one lawyer may represent multiple…
Can a part-time city prosecutor also defend criminal cases and handle civil litigation in state court as a private lawyer?
The opinion concluded a city prosecutor may defend criminal cases and represent civil litigants in state court as a private lawyer, provided no municipal police officers are involved, the criminal cha…
Can an insurance company's salaried house counsel defend the company's insureds in court the way outside counsel would?
The opinion concluded there is no ethical impropriety in salaried house counsel for an insurer rendering in-court defense of the carrier's insureds to the same extent as independent counsel, provided …
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Legal ethics opinions from the Alabama State Bar 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.