Connecticut Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Connecticut Bar Association, with full citations and source links on every page.
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Who are the clients when one corporation's in-house patent lawyer prosecutes a joint patent for two corporations and their employee-inventors?
The lawyer represents both corporations and their inventors despite a contract disclaimer. The lawyer owes confidentiality duties to all and generally cannot later act for the employer against the…
What must a Connecticut lawyer do with settlement proceeds when a hospital has given notice of a statutory lien under General Statutes § 49-73?
If the insurer sends the proceeds without resolving the lien, a lawyer who has notice must segregate the disputed portion until resolution. The opinion also requires timely advice and review of the…
May Connecticut municipal corporation counsel advise a board after a former personal client becomes one of its members?
Generally yes on the stated unrelated facts, because counsel represents the municipality and board as entities, not the member individually. Counsel still must assess material limitations,…
May a Connecticut lawyer pay an indigent litigation client's water bill as a loan, gift, anonymous payment, or donation routed through a church?
No. Connecticut Rule 1.8(e) has no humanitarian exception for living expenses, and changing the payment into a gift, anonymous payment, or church donation does not change its character.
May Connecticut defense counsel contact putative class members about the litigation before the court certifies the class?
Yes. Putative members are not represented by class counsel before certification, unless individually represented, but counsel may not contact named plaintiffs and must comply with Rule 4.3 and any…
May a Connecticut medical-malpractice settlement restrict contact with regulators and public discussion of the provider's services?
Rule 3.4(6) requires any clause to preserve voluntary sharing of relevant facts with other parties in the case. The Committee found no practice restriction but declined to decide the…
May a Connecticut lawyer allow a title insurer to audit the firm's real-estate IOLTA account, bank statements, and files for transactions insured by that company?
Yes. Disclosure for the insured transactions is impliedly authorized, but information involving other title insurers must be redacted, and client identities may be masked with initials or numbers.
Must a Connecticut lawyer report known opposing-lawyer trust-account misconduct when the information relates to the reporting lawyer's client representation?
The conduct otherwise meets Rule 8.3(a)'s reporting threshold, but Rule 8.3(c) makes confidentiality controlling. The lawyer may not report without the client's informed consent and must explain the…
May a Connecticut lawyer consulted for a second opinion contact the client's counsel of record without the client's informed consent?
No. Seeking a second opinion does not impliedly authorize disclosure to counsel of record, particularly when the client may not want existing counsel to know about doubts concerning the representation.
May a Connecticut lawyer hire an investigator to send a social-media friend request to an opposing party to obtain nonpublic litigation evidence?
No. For a represented party the request is prohibited contact, and for any adverse party the undisclosed litigation purpose is deceptive; the investigator's conduct is attributed to the lawyer.
May a Connecticut lawyer back up information relating to client representations online?
Yes, if the backup safeguards client property and protects representation information from unauthorized disclosure. The lawyer needs a basic understanding of digital risks and storage locations.
May a Connecticut lawyer accept a modest, voluntary bonus that a grateful client sends after paying the legal bill in full?
Yes, on the limited assumed facts. The bonus was entirely voluntary, unexpected, and unsolicited, and the Committee found no Rule prohibiting its acceptance.
Must a Connecticut lawyer convey a settlement offer containing confidentiality terms, and may the offer bar discussion of the claim's facts?
Terms-only confidentiality is permissible and the offer must be conveyed. In litigation, opposing counsel may not condition settlement on the plaintiff withholding relevant facts from other parties;…
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Legal ethics opinions from the Connecticut 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.