State Bar of California Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the State Bar of California, with full citations and source links on every page.
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Can a lawyer talk privately to the trial judge while the case is on review in a higher court?
The committee concluded that a lawyer may not communicate ex parte with a trial judge on the merits of a contested matter that is on review and may return to that judge, because the matter is still 'p…
Can a lawyer competently represent a client they cannot speak with directly in a shared language?
The committee concluded that a lawyer need not personally speak the client's language, but competence requires adequate communication, so the lawyer must use an interpreter, translator, or bilingual c…
What must a criminal defense lawyer do with physical evidence of a crime the client hands over?
The committee concluded that a criminal defense lawyer who takes possession of physical evidence of a crime must turn it over to the prosecution after a reasonable time, but if merely told the locatio…
Can a lawyer mass-mail real estate brokers offering a fee discount to clients they refer?
The committee concluded that a lawyer should not mass-mail brokers offering discounted fees for referred clients, because it risks paying for referrals, uncontrolled advertising on the lawyer's behalf…
What must a lawyer do when a client commits perjury during a civil bench trial?
The committee concluded that a lawyer may not disclose a client's testimonial perjury without consent, but must pursue remedial steps, move to withdraw if those fail, and if withdrawal is denied may n…
Can a lawyer threaten to report the opposing party to a licensing agency to gain leverage in a civil case?
The committee concluded that former Rule 7-104 bars a lawyer from threatening administrative or disciplinary charges to gain a civil advantage, but allows the lawyer to help a client present such char…
Can a California lawyer take a divorce case on a contingent fee?
The committee concluded that a contingent fee in a dissolution proceeding is not per se improper if it is not promotive of divorce and the fee is not unconscionable; recovering past due spousal or chi…
Does the ABA Model Code of Professional Responsibility bind California lawyers?
The committee concluded that the ABA Model Code of Professional Responsibility does not bind California lawyers; after the 1975 version of Rule 1-100 dropped any reference to it, the ABA Code has only…
Can a California lawyer raise the client's fee to recover the percentage the lawyer must pay back to a lawyer referral service?
The committee concluded that, although a lawyer may participate in a qualified lawyer referral service and pay it a percentage of fees, the lawyer may not raise the fee charged to the client to cover …
Can a California lawyer who is also a licensed real estate broker act in both roles in the same real property transaction for a client?
The committee concluded that a lawyer may also act as a licensed real estate broker in the same transaction, but the broker work is so law-related that the lawyer must meet State Bar standards through…
Can a collection lawyer let the creditor-client's own employees prepare demand letters sent on the lawyer's letterhead?
The committee concluded that a lawyer retained for collection work may use the creditor-client's employees to help prepare form demand letters sent on the lawyer's stationery and over the lawyer's sig…
Can a California lawyer mail nonclients letters quoting fees for routine services and describing the firm's qualifications?
The committee concluded that mailing nonclients letters that state fees and costs for routine legal services and describe the firm members' qualifications is not prohibited, so long as the letters are…
Can a California law office practice under a trade name instead of the lawyers' own names?
The committee concluded that the 1979 repeal of former Rule 2-103(B) permits California attorneys to practice under a trade name, so long as the name is not false, deceptive, or misleading under forme…
Can a lawyer donate legal services to be auctioned off by a charity as a fundraiser?
The committee concluded that nothing expressly prohibits a lawyer from donating legal services for a charitable auction, but the lawyer must observe several rules: accurately describe the services, av…
What are a legal services lawyer's ethical duties to existing clients if the program's funding is cut or terminated?
The committee concluded that legal services lawyers and their programs may not abandon existing clients merely because funding is reduced or cut off; they may withdraw only as former Rule 2-111 allows…
Can the law firm of a city council member sue the city for tort plaintiffs if the city council consents?
The committee concluded that the law firm of a city council member may not represent tort plaintiffs in actions against the city even with the council's informed consent, because such a suit creates a…
Can a lawyer take a promissory note or a security interest from a client to secure payment of fees?
The committee concluded that a lawyer may take a promissory note or a lien or other security interest to protect fees for services, but only in strict compliance with former Rule 5-101, which required…
Can a lawyer solicit business directly from another lawyer, including in-house counsel, to win that company as a client?
The committee concluded that former Rule 2-101 did not prohibit a lawyer from recommending his or her own employment to another lawyer, including a lawyer who is in-house counsel to a business, even w…
Can a lawyer join a barter service exchange that takes a percentage of the lawyer's fees?
The committee concluded that a lawyer may not participate in a service exchange that takes a percentage of the legal fees earned, because paying the exchange a cash fee equal to a percentage of the fe…
Must a public defender withdraw from representing two clients when one becomes an informant against the other in a separate case?
The committee concluded that once counsel learns one client is trying to become, or has become, an undercover informant against another client, a conflict exists and counsel must withdraw from represe…
Can a lawyer disclose a damaging expert report to third parties at risk if the client instructs the lawyer not to disclose it?
The committee concluded that, where the client instructed the lawyers not to disclose an engineer's report warning that a structure might fail in an earthquake, the lawyers could not disclose it to th…
Can a lawyer take a case against people who were clients of the lawyer's former firm, when the lawyer never worked on their matter or learned their confidences?
The committee concluded that a lawyer may represent a client against people who were clients of a former associate where the lawyer obtained no confidence or secret about them and did no work on their…
Can a California lawyer put a binding fee-arbitration clause in a retainer agreement that the client signs before any fee dispute exists?
The committee concluded that a lawyer may not condition employment on a client's advance agreement to binding fee arbitration; a binding waiver of the right to a trial de novo may be made only after a…
Can a lawyer guarantee or indemnify a client's litigation cost bond, and does the size of the bond change the analysis?
The committee concluded that a lawyer is not ethically barred from guaranteeing a client's obligation to a surety on a litigation bond, treating it like advancing litigation costs, but that for a rela…
Can a law firm send unsolicited letters to businesses describing the services it offers, and where is the line between advertising and prohibited solicitation?
The committee concluded that, under former Rule 2-101, a firm may send unsolicited letters to potential business clients describing its services so long as the letter does not refer to the recipient o…
Can a California lawyer charge interest on a client's past-due bill, and can the lawyer change the interest rate later?
The committee concluded that a lawyer may charge interest on past-due receivables if the client gives informed consent in advance, and that the rate may not later be changed unless the original fee ag…
Can a public defender represent a defendant when a witness against that defendant is a former client of the same public defender office?
The committee concluded that counsel, including a public defender, may not represent a defendant where a former client of the office is a witness against the new client and it is reasonably foreseeabl…
Can a government-employed attorney refuse to work or slow-walk litigation as leverage in a salary or benefits dispute?
The committee concluded that an attorney employed by a public agency may not refuse to represent the agency in existing litigation, or intentionally delay that litigation, in order to gain advantage i…
What must a lawyer do to keep a shared secretary or other nonlawyer staff from disclosing client confidences, and what happens after a leak occurs?
The committee concluded that lawyers must take steps to ensure secretaries and other nonlawyer employees understand their duty not to disclose client confidences, and that after a harmful leak the law…
Can a prosecutor interview a represented defendant as a possible witness in another case, and can one defense lawyer keep representing two defendants once one may testify against the other?
The committee concluded that a district attorney may not contact a defendant he knows to be represented by counsel, even to discuss another defendant's case or uncharged conduct, and that defense coun…
If a lawyer does not pay a court reporter's bill, is that an ethics violation, and when can it lead to discipline?
The committee concluded that failing to pay a reporter's reasonable contracted fees is unethical, but it subjects the attorney to discipline only where the attorney intended not to pay at the time he …
Can a lawyer require a new client to agree, as a condition of being hired, to arbitrate any future legal malpractice claims against the lawyer?
The committee concluded a lawyer may not condition employment on the client's agreement to arbitrate future malpractice claims unless the lawyer is satisfied the client is fully advised of the possibl…
Can a lawyer who sits on a city council represent a client against that city, such as defending a criminal case the city prosecutes or negotiating a contract with the city?
The committee concluded that an attorney-council member may not defend a client the city is prosecuting, may not represent a client negotiating a contract with the city, and may not take unrelated mat…
When a district attorney represents a minor 'in the interest of the state' in a juvenile dependency case, what should the DA do if the minor's wishes conflict with the state's interest?
The committee concluded the district attorney should consider whether the minor's interests conflict with 'the interest of the state' that the statute requires the representation to serve, and, where …
Can a lawyer join a barter or service-exchange club where members trade services and the lawyer pays the club a percentage of fees earned through it?
The committee concluded participation is improper. Paying the exchange ten percent of fees earned is prohibited fee sharing with a nonlawyer under former Rule 3-102 and improper payment for securing e…
When suing a city, can the plaintiff's lawyer talk to the city council or city manager about the lawsuit without the city attorney's permission?
The committee concluded the lawyer may communicate with the city council at a public meeting, with a council member privately, or with the city manager privately about the subject of the litigation wi…
Can a public defender approach a newly arrested person, before any court appointment, to see if they qualify for and want a public defender?
The committee concluded a public defender may initiate contact with a person arrested for a homicide or capital offense to determine eligibility for and desire for the public defender's services, beca…
Can one lawyer represent a client both as the administrator of an estate (with the will annexed) and individually as a pretermitted heir claiming a share of that estate?
The committee concluded the representation is proper. The administrator with the will annexed is, in an heirship proceeding, essentially a stakeholder whose representative-capacity interests are not t…
Can a prosecutor tell a crime victim that they could sue the offender in small claims court to recover their property loss?
The committee concluded a prosecutor may give a crime victim information about available civil remedies in response to the victim's inquiry, and may even volunteer it, so long as the prosecutor is not…
After a criminal trial ends, can a prosecutor tell jurors about facts that were kept out of evidence, like the defendant's prior convictions?
The committee concluded it is improper and unethical for a prosecutor, after the jury is discharged, to inform jurors of inadmissible prejudicial or aggravating facts such as the defendant's prior con…
Can a California lawyer advance the costs of a lawsuit for a client who probably cannot repay them, when the lawyer is unlikely to sue the client to collect?
The committee concluded it is ethically proper to advance litigation costs even where repayment is unlikely, provided the client remains ultimately responsible for the costs and is informed of that ob…
In a child custody case, can a lawyer tell the court that the client's interests conflict with the child's when the lawyer learned that from the client's confidences?
The committee concluded the lawyer may not. Because the conflict was learned from the client's confidences or secrets, disclosing it (or even suggesting the court appoint separate counsel for the chil…
If a California lawyer or legal aid office holds client funds in trust but cannot locate the clients, can the lawyer move that money into the firm's general account?
The committee concluded the transfer would be improper. Former Rule 8-101 required client funds to stay in an identifiable trust account with no commingling and recognized no exception for unclaimed f…
Can a California lawyer defend a subordinate in a criminal case when the boss pays the fee on the condition that the subordinate not cooperate with the prosecution?
The committee concluded the representation may not properly be undertaken under those facts. Even with the subordinate's informed written consent, the lawyer could not honestly assure the client that …
Can California lawyers agree, when their partnership dissolves, that a former partner who later probates a named client's will must split the fee with the other former partners or their heirs?
The committee concluded the arrangement is improper. It violates former Rule 2-108 because the retired or separated partner performs no services and assumes no responsibility on the matter, and former…
In a personal injury case, can defense counsel talk to the plaintiff's treating physician without the plaintiff's lawyer's consent?
The committee concluded that, because the physician is not a party, defense counsel's communication with the plaintiff's treating physician about matters as to which the physician-patient privilege ha…
Can a lawyer tip off a general-circulation newspaper about a change of address, new firm affiliation, or promotion so it gets printed in the business section?
The committee concluded that it is improper for a member of the State Bar to advise a nonlegal newspaper of changes in the attorney's address, professional affiliation, or status, even when the public…
Is it ethical for a lawyer to request or agree to a trial date the lawyer knows or intends not to honor?
The committee concluded that if an attorney requests or agrees to a trial date he does not intend to keep, or knows he cannot meet, his conduct involves deceit and misrepresentation, which is not only…
Can a lawyer take part in a public estate-planning lecture series, alongside nonlawyer specialists, that will be taped and shown on cable television?
The committee concluded that an attorney's participation in a televised estate-planning lecture series with nonlawyer specialists would be ethical and proper, distinguishing its earlier radio opinion …
Can lawyers who are not actually partners list their names together under one firm name on letterhead, an office door, or a law list?
The committee concluded that for attorneys who are not true partners to list their names together as a single firm name is ethically improper, because the firm name falsely suggests a partnership that…
Can a law firm send client billing and accounting records to an outside data processing service without breaching the duty to preserve client confidences?
The committee concluded that it is not ethically improper for a law firm to use an outside data processing center for bookkeeping, billing, and accounting, provided the firm exercises due care in sele…
Can a lawyer print a union 'bug' on the firm's letterhead or let clerical staff add union local symbols to correspondence?
The committee concluded that using a union printing 'bug' on a lawyer's letterhead, and permitting clerical staff to place union local symbols on correspondence, were objectionable as a form of advert…
Must a lawyer accept a court appointment to represent an indigent criminal defendant, and can courts appoint counsel from outside the county or set the compensation?
The committee treated the questions as primarily legal and long settled by the courts, concluding that an attorney is obliged to accept court appointments to represent indigents, that courts may appoi…
When a public defender represents co-defendants in a criminal case, at what point must the lawyer withdraw because of a potential conflict of interest?
The committee concluded that an attorney representing co-defendants in a criminal case should refuse or withdraw from the representation as soon as a potential conflict is recognized, not wait until t…
Can a patent law firm take an additional phone-directory listing under a broader heading, and can it list an employed nonlawyer patent agent's name above the firm name?
The committee concluded that a patent law firm could list only under the segregated 'Patent Lawyers' heading and not also under a broader 'Patent Attorneys and Agents' heading, and that listing an emp…
Can a lawyer consent to having his name appear in an investment promoter's advertising as the author of a tax opinion when state regulators require counsel to be named?
The committee concluded that consenting to the use of his name was not improper and did not violate former Rule 2, because the disclosure was made in the public interest under a Commissioner of Corpor…
Can a lawyer join a nonlawyer consulting firm to provide legal services to its clients and be featured in the firm's marketing brochure?
The committee concluded that including the lawyer's biographical sketch in the firm's client brochure was improper advertising under former Rule 2, and that joining the firm (as partner, associate, or…
Can a local lawyer host a radio program discussing legal topics and taking audience phone calls?
The committee concluded that, where a local attorney would be introduced by name as a local lawyer on a station in the town where he practices, his participation in such a broadcast series would resul…
Can a lawyer delay a client's divorce case to pressure the client into paying fees?
The committee concluded it was not proper for an attorney to delay a divorce case because of nonpayment while remaining the attorney of record, since that conflicts with the client's interest in promp…
Can a lawyer become an affiliate member of a local board of realtors?
On the facts presented, the committee concluded it would be ethical for the lawyer to become an affiliate member of a local board of realtors, since the inquiry involved only joining the group and sho…
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Legal ethics opinions from the State Bar of California 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.