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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What must a California lawyer do when charging a flat fee, refunding an advance flat fee after early termination, or renegotiating a flat fee mid-engagement?
The opinion concludes a California lawyer must clearly state which services the flat fee covers and when it is earned, must refund any unearned portion of an advance flat fee on early termination (eve…
When a California lawyer or law-firm colleague has a mental impairment affecting their practice, what do that lawyer, their subordinates, and their supervisors have to do?
An impairment does not excuse the impaired lawyer from any duty. It triggers parallel duties for that lawyer's subordinates, supervisors, and other colleagues who know of the conduct, including commun…
Are California lawyers required to have a succession plan, and what duties does an assisting attorney take on?
California has no rule that expressly mandates a succession plan, but the combined duties of competence, diligence, communication, withdrawal, safekeeping client property, and supervision require ever…
What are a California lawyer's ethical duties when working remotely or in a hybrid law-firm setting?
Remote practice does not change a California lawyer's ethical duties. Managerial lawyers must implement reasonable measures, policies, and practices to ensure compliance with the rules in a remote env…
How should a California lawyer represent a client whose decision-making capacity may be impaired, and when may the lawyer take protective action?
The opinion concludes that the lawyer should preserve a normal lawyer-client relationship insofar as possible; that informed, disinterested judgments about capacity will not be treated as unethical in…
May a California lawyer advise and assist a client in operating a cannabis business that is lawful under California law but unlawful under federal law?
Per California Formal Opinion 2020-202, yes. A California lawyer may advise and assist a client in conduct permitted by California cannabis laws even though that conduct may violate federal law, provi…
What are a California lawyer's ethical duties to prevent and respond to a data breach involving confidential client information?
Per California Formal Opinion 2020-203, lawyers must assess the risks of keeping confidential client information on electronic devices and take reasonable steps to secure those systems. After a breach…
May a California lawyer who must withdraw because the client's claim lacks merit try to settle the case before withdrawing?
Per California Formal Opinion 2019-198, yes. The attorney's duty under Rule 1.16(d) to avoid reasonably foreseeable prejudice may be satisfied by negotiating a settlement before withdrawal, provided t…
When can a California lawyer consult outside counsel or law-firm in-house counsel about a current client's matter without creating a conflict and what must the lawyer tell the client?
Per California Formal Opinion 2019-197, the act of seeking legal advice about ethical compliance is not itself a conflict and need not be disclosed; once the lawyer learns of an error that could preju…
What ethical duties does a California lawyer owe when a third-party litigation funder is involved in the case?
Per California Formal Opinion 2020-204, lawyers must preserve independent professional judgment, comply with the duty of confidentiality, obtain the client's informed written consent before sharing co…
What must a California civil-trial lawyer do when a client's witness has testified or will testify falsely?
Under California Formal Opinion 2019-200, an attorney may use evidence that is merely suspected to be false but must refuse to present testimony known to be perjured even on the client's instruction; …
When does a California lawyer become responsible for a profile on a third-party online directory or rating website?
Per California Formal Opinion 2019-199, an attorney becomes responsible for a third-party directory profile when the attorney 'adopts' or otherwise uses it to market the practice, at which point Rules…
What ethical duties do a departing California lawyer and the lawyer's old firm owe to clients during the transition?
Per California Formal Opinion 2020-201, both the departing lawyer and the law firm must put the client's interests first, give timely notice to clients for whom the departing lawyer is principally res…
What duties does a California lawyer owe to a prospective client who shared confidential information during an interview that did not result in representation?
Per California Formal Opinion 2021-205, the interviewing lawyer owes a prospective client the same duty of confidentiality owed to a current or former client. The lawyer (and, by imputation, the law f…
When does a California attorney's blog become regulated advertising under the Rules of Professional Conduct?
Per California Formal Opinion 2016-196, a blog is a 'communication' subject to advertising rules only if it expresses the attorney's availability for professional employment, either by express invitat…
Does a California lawyer's duty of confidentiality protect publicly available information about a current or former client?
Per California Formal Opinion 2016-195, yes. The duty of confidentiality under Business and Professions Code section 6068(e)(1) and former Rule 3-100 covers any information obtained during the represe…
What level of technology competence does a California lawyer handling litigation need to ethically manage electronically stored information (ESI) and e-discovery?
Per California Formal Opinion 2015-193, an attorney's duty of competence under former Rule 3-110 includes a basic understanding of e-discovery; if the matter requires more, the lawyer must acquire the…
When a California lawyer must withdraw because the client is pursuing the case for improper purposes, what may the lawyer tell the court about the reason, and what must the lawyer do if ordered to disclose confidential client communications in camera?
Per California Formal Opinion 2015-192, the lawyer may disclose only as much as is reasonably necessary to demonstrate the need to withdraw; ordinarily 'ethical considerations require withdrawal' or '…
What may a California lawyer say (and not say) to opposing counsel or a settlement officer during settlement negotiations?
Per California Formal Opinion 2015-194, false statements of material fact and implicit misrepresentations during settlement negotiations are prohibited, but statements about a party's negotiating goal…
If a California lawyer represents a debtor in a pro bono simple, no-asset Chapter 7 bankruptcy and concurrently represents one of the debtor's creditors in an unrelated matter, must the lawyer obtain informed written consent from both clients?
Per California Formal Opinion 2014-191, no informed written consent is required under former Rule 3-310(C)(3) because a simple, no-asset Chapter 7 is an in rem proceeding that does not create direct a…
When a California law firm dissolves, what does each attorney (lead partner, associate on the matter, partner unrelated to the matter) owe each client of the firm under the duty to avoid foreseeable prejudice on withdrawal?
Per California Formal Opinion 2014-190, every attorney at the dissolving firm (regardless of partner/associate status or prior contact with the client) owes the client a duty under former Rule 3-700(A…
In a transactional negotiation, does a California lawyer have a duty to alert opposing counsel to (A) an apparent material error opposing counsel made or (B) a material change the lawyer made in revised contract language?
Per California Formal Opinion 2013-189, no duty arises in Scenario A if the lawyer did not induce opposing counsel's error; in Scenario B, once the lawyer realizes that an unintended defect in the red…
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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.