District of Columbia Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the District of Columbia Bar, with full citations and source links on every page.
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Can a D.C. lawyer offer unbundled (limited-scope) legal services, such as drafting documents for a client who otherwise proceeds pro se?
The opinion concludes that unbundled (limited-scope) legal services are permissible under Rule 1.2(c), so long as the client is fully informed of the limits on the scope of the representation and thos…
Can a non-profit recoup the cost of a lawyer's retainer from the contingent fees the lawyer earns on referred cases?
The opinion concludes that a non-profit's arrangement to pay an attorney a $10,000 annual retainer for handling small day-laborer compensation claims on a contingent-fee basis, and then receive back t…
When a D.C. lawyer represents an organization's officer or director personally (not the entity), how should the lawyer handle the role and later conflicts adverse to the organization?
The opinion concludes that a lawyer who personally represents a constituent of an organization (a board member, officer, or special-committee member) should make clear at the outset that the lawyer do…
In a joint representation where one client agreed up front that the lawyer may share information, must the D.C. lawyer disclose that client's relevant confidences to the other jointly represented clients?
The opinion concludes that where one jointly represented client has consented to disclosure of confidential information (for example, through a retainer agreement stating information 'may be shared' w…
If a D.C. lawyer is approached by someone who wants to sue an existing client and the lawyer declines, may the lawyer refer that person to another lawyer?
The opinion concludes that a lawyer who declines to take on a person seeking representation adverse to an existing client may refer that person to another lawyer. Recommending competent counsel does n…
When firms merge, can the old firm condition payouts of already-earned fees on each partner staying with the merged firm, or does Rule 5.6(a) bar that?
The opinion concludes that an agreement distributing a pre-merger firm's already-earned (but later-paid) profits only to partners who keep practicing with the post-merger firm violates Rule 5.6(a), be…
When a deceased client's spouse, who is executor of the estate, asks for the late client's files, may the former lawyer hand them over under the confidentiality rules?
The opinion concludes that a deceased client's former lawyer may give the files to the spouse/executor if the information is not a confidence or secret, or, if it is, if the lawyer has reasonable grou…
Do government lawyers (for example, intelligence-agency attorneys) violate Rule 8.4(c) when they make misrepresentations that their lawful official duties require?
The opinion concludes that lawyers employed by government agencies who act in a non-representational official capacity, in a manner they reasonably believe is authorized by law, do not violate Rule 8.…
Can a D.C. law firm pay a nonlawyer employee a percentage of the profits from a specific set of cases, or does Rule 5.4 bar that fee-sharing?
The opinion concludes that a firm may not pay a nonlawyer employee a percentage of the profits from a designated set of cases, because tying compensation to fees from a specific case or category of ca…
Can a respondent's lawyer send an investigator to interview an unrepresented domestic violence petitioner before a criminal contempt hearing, and what are the limits?
The opinion concludes that respondent's counsel may send an investigator to interview an unrepresented domestic violence petitioner, but must make reasonable efforts (under Rules 5.3 and 8.4) to ensur…
Can a criminal defense lawyer in D.C. argue for jury nullification, or do the ethics rules prohibit urging a jury to acquit against the law?
The opinion concludes that a criminal defense lawyer may not expressly urge a jury to disregard the law (D.C. substantive law disfavors nullification and the standard instruction forbids ignoring the …
Can a D.C. lawyer buy a legal claim (a chose in action) from a nonlawyer who is not the lawyer's client?
The opinion concludes that the D.C. Rules do not bar a lawyer (not acting for a client) from buying a legal claim, a chose in action, from a nonlawyer who is not and has not been the lawyer's client; …
If a lawyer receives an opposing party's privileged document that a third party may have stolen or taken without authorization, may the lawyer review and use it?
The opinion concludes that a lawyer who receives a document whose privileged status is apparent on its face, who knows it came from someone not authorized to disclose it, and who has no reasonable bas…
Can a client who waived a conflict of interest later take the waiver back, and what happens to the lawyer's representations if it does?
The opinion concludes that nothing prevents a client from changing its mind about a conflict waiver, but the revocation will not always restore everyone to where they started. The consequences turn ma…
Can a lawyer answer legal questions in an online chat room, and does doing so create an attorney-client relationship?
The opinion concludes that lawyers may take part in online chat rooms and similar real-time services answering Internet users' legal questions, as long as they follow all applicable rules. To avoid in…
When does a former government lawyer's prior work count as 'personal and substantial' participation that bars later private representation in the same matter under Rule 1.11?
The opinion concludes that a former EPA lawyer who only drafted status reports and discussed the timing of an ongoing rulemaking did not participate 'personally and substantially' in the related litig…
Can a nonlawyer union employee supervise a union's lawyer, both when the lawyer represents the union and when the lawyer represents an individual union member?
The opinion concludes that a nonlawyer union employee may supervise a union attorney who represents the union itself, because the union is the client and acts through its authorized agents (Rule 1.13)…
Can a former government lawyer, such as a military JAG defense counsel, keep representing the same client in the same matter after leaving government service, or does Rule 1.11 bar it?
The opinion concludes that when a government lawyer lawfully formed an attorney-client relationship with an individual client (as a JAG defense counsel or public defender does), continuing to represen…
When a lawyer moves to a new firm, what client information can the lawyer reveal so the new firm can run a conflicts check without the former client's consent?
The opinion concludes that, without client consent, a moving lawyer may reveal only information that is neither a 'confidence' (privileged) nor a 'secret' under Rule 1.6, but that in most cases the ge…
In a non-judicial matter outside D.C. such as a mediation or arbitration, whose rules of professional conduct govern a D.C. lawyer, and what happens when co-counsel is bound by different rules?
The opinion concludes that under Rule 8.5(b)(2) a lawyer licensed only in D.C. is governed by D.C.'s rules for non-judicial conduct anywhere; a lawyer licensed in D.C. and elsewhere is governed by the…
Can a D.C. lawyer charge interest on a client's overdue legal bills when the fee agreement did not provide for interest?
The opinion concluded that a lawyer may not unilaterally impose interest on unpaid fees where the existing fee agreement did not provide for it, but that a client's unexcused failure to pay can justif…
Can a client agree in advance to waive future conflicts of interest, and when is such an advance waiver valid under the D.C. rules?
The opinion concluded that advance waivers of conflicts are not prohibited but must satisfy informed consent: the less specific the waiver and the less sophisticated the client, the less likely it is …
When a lawyer leaves private practice to join the government, what duties does the lawyer still owe to former private clients?
The opinion concluded that a lawyer who leaves private practice for government service continues to owe former clients confidentiality under Rule 1.6 (not to reveal or use their confidences and secret…
Can a lawyer pay a government referral or schedule program a percentage of legal fees without it being improper fee-sharing with a non-lawyer?
The opinion concluded that a lawyer may participate in a federal GSA schedule program that requires remitting one percent of the legal fees earned through the program to fund it, and that this does no…
Can a lawyer who is also a licensed insurance broker sell insurance products to the public and to her own legal clients?
The opinion concluded that a lawyer who is also a licensed insurance broker may sell insurance to the general public and to her own clients, but when selling to a client she enters a business transact…
Can a law firm outsource its human resources and payroll to an outside employee-management company (a PEO or ASO) that becomes the staff's co-employer?
The opinion concluded that a law firm may contract out its human resources functions to an outside employee-management company, even one that becomes a co-employer of the firm's lawyers and staff, but…
Can unaffiliated lawyers share office space and staff without forming a firm, and what ethics rules must they follow?
The opinion concluded that unaffiliated lawyers may share office space, staff, and equipment without forming a firm, but they must protect each client's confidences, preserve each lawyer's independenc…
Does a lawyer who represents a trade association also represent its individual members, and when can the lawyer take a matter adverse to a member?
The opinion concluded that representing a trade association does not, by itself, create an attorney-client relationship with each member, so the lawyer is usually free to act adverse to a member; but …
Can lawyers use websites to recruit class-action plaintiffs or bid on legal projects posted by clients, and what does D.C. require?
The opinion concluded that lawyers may use websites to seek class-action plaintiffs and to obtain work through legal-bidding sites, because D.C. has no special solicitation rules and treats all such c…
Can a lawyer take an ownership stake in a client company instead of charging fees, and what does D.C. require?
The opinion concluded that taking equity in a client as compensation is permissible if the fee is reasonable under Rule 1.5(a), and if the lawyer satisfies Rule 1.8(a) (the deal is fair, fully disclos…
Can a firm represent a class-action plaintiff and also represent one class member in a separate tort suit against the same defendant?
The opinion concluded that a firm could take on both representations, because the two clients sought the same relief on the same side of the transportation issue, so neither representation was likely …
Does a lawyer's duty of confidentiality survive when the former corporate client has shut down, and can a former officer get the files?
The opinion concluded that the Rule 1.6 duty of confidentiality, which encompasses the attorney-client privilege, continues after the representation ends, so the lawyer had to preserve the defunct cor…
Can a lawyer sell or assign unpaid client fee accounts to a collection agency, and what client information can the agency be given?
The opinion concluded that an outright sale of client receivables to a collection agency is not permitted because it strips the lawyer of the control needed to meet ethical duties (fee arbitration, co…
Can a former government lawyer represent a private client in a rulemaking he worked on while at the agency?
The opinion concluded that Rule 1.11's bar on later work in the same 'matter' did not apply, because a rulemaking of general applicability is not particular to specific parties and so is not a 'matter…
In a joint representation, can a lawyer tell one client a damaging confidence the other client revealed, like a fabricated visa application?
The opinion concluded that joint representation alone does not imply authorization to share one client's confidences with the other; when a client's confidence (here, an admission of a fabricated visa…
Can a child's guardian ad litem contact a parent who has a lawyer, in a child abuse and neglect case, without the parent's lawyer's permission?
The opinion concluded that a guardian ad litem is the child's lawyer and, under Rule 4.2, may not communicate with a represented parent about the subject of the case (directly or through a social work…
Can a solo lawyer who is retiring sell the law practice to another lawyer, and what does D.C. require?
The opinion concluded that selling a law practice on retirement is not unethical even though D.C. had not adopted Model Rule 1.17, so long as the retiring lawyer can terminate representations consiste…
When a third party claims part of a client's settlement funds the lawyer is holding, must the lawyer hold the money or pay it to the client?
The opinion concluded that under Rule 1.15 a client's mere assertion of a claim freezes disputed funds, but a third party's claim freezes funds only if it is a 'just claim' that applicable law obligat…
When a current client becomes adverse to another client through a merger, can a firm keep both representations without consent under D.C.'s thrust-upon rule?
The opinion concluded that an ongoing representation on an identifiable set of issues involving common parties, facts, theories, and claims is a single representation for Rule 1.7(d)'s 'thrust upon' p…
Can a lawyer placement agency contract bar a temporary lawyer from later taking a job at the firm where placed or with that firm's client?
The opinion concluded that a placement-agency contract barring a temporary lawyer from applying for or accepting later employment with the firm where placed or with the firm's clients violates Rule 5.…
Can defense counsel paid by an insurer send detailed billing and case information to the insurer or its outside bill-auditing company?
The opinion concluded that a lawyer may release an insured's confidences or secrets, including detailed work descriptions, to the insurer or an insurer-hired auditor only after disclosing the conseque…
When a congressional subcommittee subpoenas a lawyer's files of client confidences, must the lawyer refuse and risk contempt, or can the lawyer comply?
The opinion concluded that a lawyer must raise all available, legitimate objections to a congressional subpoena to protect client confidences and secrets, but once the subcommittee overrules the objec…
Can a nonprofit running cause litigation control its staff lawyers' cases and require clients to refuse confidential or fee-waiver settlements?
The opinion concluded that lawyers in a lay organization's general counsel office may not manage or direct litigation for third parties they do not represent, because that lets the organization regula…
Can a lawyer pay a nonlawyer a referral fee that is a percentage of the fees earned from the referred case?
The opinion concluded that a referral payment contingent on, and tied to the amount of, the lawyer's fees from the referred matter is the sharing of a legal fee, not a Rule 7.1(b)(5) referral fee; so …
Must a law firm screen a nonlawyer it hires who used to work for the government on a related matter, and what can the firm ask them?
The opinion concluded that a firm must screen a nonlawyer former government employee from matters the same as, or substantially related to, matters on which that person assisted government lawyers rep…
Can a lawyer interview an opposing company's former employees without the company's lawyer's consent, and what limits apply?
The opinion concluded that Rule 4.2 does not bar ex parte contact with an opposing party's unrepresented former employees, regardless of the position they once held, because former employees generally…
Must a firm tell a client it is using a temporary lawyer, and how can it bill for that lawyer's time and any agency fee?
The opinion concluded that a firm must disclose a lawyer's temporary status and get consent whenever that status is reasonably likely to be material to the representation or the client's expectations …
How long must a lawyer keep a former client's closed files, when may the files be destroyed, and may the client be charged for delivery or storage?
The opinion concluded that valuable client property must be delivered promptly or safeguarded indefinitely; other client property is governed by Rule 1.16(d), so the lawyer must notify the former clie…
If a lawyer hires a social worker who is legally required to report suspected child abuse, what must the lawyer tell the client and the social worker about confidentiality?
The opinion concluded that Rule 1.6(e) does not authorize a social worker employed by a lawyer to disclose client confidences where the lawyer could not, because the employee's exception is purely der…
Can a lawyer for a private client contact individual members of a government licensing board directly, without the board lawyer's consent, about the client's matter?
The opinion concluded that, under D.C.'s Rule 4.2(d), which excludes communications with government officials from the no-contact rule, a lawyer may contact individual members of a D.C. licensing boar…
When can a law firm use an ethical screen to avoid being disqualified because one of its lawyers has a conflict from a prior matter?
The opinion concluded that screening a disqualified lawyer can cure a firm's imputed disqualification only in three situations: where the lawyer was not a lawyer when involved in the prior matter for …
Can a D.C. lawyer send confidential client information by unencrypted email over the Internet without violating the confidentiality rule?
The opinion concluded that, in most circumstances, transmitting confidential information by unencrypted email does not by itself violate Rule 1.6, because the rule requires reasonable, not absolute, e…
Can a D.C. lawyer form a partnership or professional association with a foreign lawyer who is not licensed in any U.S. jurisdiction?
The opinion concluded that a D.C. lawyer may join in a partnership or other professional association with a foreign lawyer who is licensed abroad but not in any U.S. jurisdiction, so long as the assoc…
When a partner leaves a law firm, can the firm keep her name in the firm name, even over her objection?
The opinion concluded that a firm may retain a withdrawing partner's name in the firm name, even over her objection, so long as the firm has the legal right to use the name (under the partnership agre…
When a lawyer serves as a court-program mediator, what conflicts check must the lawyer run, and must the results be disclosed to the parties?
The opinion concluded that Rule 1.7 requires a lawyer serving as a mediator to run a conflicts check on the immediate parties to the mediation, so that service as a neutral does not compromise the law…
If a firm gets confidential information from a would-be client but no engagement forms, can it later represent a different client in the same matter?
The opinion concluded that a firm that received confidential or secret information from a prospective class-action plaintiff (even where much of the material was publicly available, and even though no…
Can a government agency hold a public informational meeting for claimants, with its lawyers attending, when some claimants are represented by counsel who objects?
The opinion concluded that a lawyer representing a group of claimants cannot block a government agency from holding a public meeting to explain its program and answer general questions, even though th…
When a lawyer moves from one firm to another, what must the lawyer and both firms do about client notice, files, and conflicts?
The opinion concluded that a lawyer changing firms must tell affected clients of the move far enough ahead to let them choose counsel (Rule 1.4); client files must go to whoever continues the represen…
Can a firm withdraw from representing one client so it can take a position adverse to that client on behalf of another client who refuses to waive the conflict?
The opinion concluded that a firm may continue representing a long-standing client (A) in a proceeding that a second client (B) initiated against A, even though B will not waive, provided the firm may…
If a lawyer goes inactive in D.C. but stays active in other states, can his letterhead still list him as admitted to the D.C. Bar?
The opinion concluded that a lawyer who becomes an inactive member of the D.C. Bar, while remaining active elsewhere, cannot list himself as 'Admitted to N.J., P.A. and D.C. bars' on letterhead and bu…
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Legal ethics opinions from the District of Columbia 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.