Los Angeles County Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Los Angeles County Bar Association, with full citations and source links on every page.
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Once the services in the retainer agreement are performed, is the lawyer obligated to continue representation on related matters, and does a fee dispute with a current client create a conflict requiring withdrawal before the lawyer may sue for fees?
The opinion concluded that an attorney's duty extends only to services for which the lawyer was retained. After contractual services are performed, the lawyer should not withdraw if prejudice will res…
When a California law firm dissolves and holds closed-matter files for years-old former-client matters with no agreement governing disposition, must the firm attempt to notify former clients before destroying the files, and what minimum retention period applies?
The opinion concluded that the dissolved firm must use all reasonable means to contact former clients about retrieving their files. After diligent notice with sufficient time elapsed, the firm may des…
Does a California lawyer violate Rule 1-400(C) by knowingly using a private investigator to contact prospective clients and refer them to the lawyer, even when the lawyer does not pay the investigator for the referrals?
The opinion concluded that the knowing use by an attorney of a private investigator to personally contact prospective clients and refer them to the attorney constitutes unethical solicitation in viola…
When a California sole practitioner begins using additional attorneys (employees, contract lawyers, or outside firms) on a client matter, when is disclosure required, and when does Rule 2-200's written consent requirement for fee division apply?
The opinion concluded that disclosure of additional attorneys may be required under Rule 3-500 depending on the circumstances, including whether responsibility is changing, the new attorney is doing a…
May a California attorney send a written communication addressed to the president, managing partner, or board of directors of a represented business organization, where delivery is made through the organization's attorney?
The opinion concluded that under former Rule 2-100, an attorney representing a client may communicate with a represented organization's president, managing partner, or board of directors through a wri…
When a California law firm undertakes joint representation of co-defendants, may it seek the parties' advance informed written consent to later representing one client adversely to the other if a conflict materializes?
The opinion concluded that an advance written waiver in a joint representation is not per se prohibited, provided (1) the lawyer can jointly represent both clients competently and (2) both clients giv…
Can a law firm pay a year-end bonus, based on a percentage of profits from referred business, to an 'of counsel' attorney who is not a partner or associate and whose tie to the firm is mainly reciprocal referrals, without the client's consent?
The committee concluded that paying a year-end bonus to an 'of counsel' attorney who is not a partner, associate, or shareholder, where the bonus is based on a percentage of profits from business that…
Under former California Rule 4-100, how much of an attorney's personal funds may be kept in a common client trust account to cover bank charges, and may an attorney keep personal funds in the trust account as a buffer against overdrafts?
The opinion concluded that under former Rule 4-100(A)(1), an attorney may keep in a common client trust account personal funds 'reasonably sufficient to pay bank charges,' with the amount tied to the …
Can a California attorney pursuing a client's fee dispute against former counsel threaten to have the client report that counsel to the State Bar to gain an advantage?
The committee concluded that an attorney involved in a fee dispute on a client's behalf against former counsel is subject to disciplinary action if the attorney threatens to have the client present cr…
In a case against multiple opposing parties, can a plaintiff's attorney condition a settlement on the settling parties' lawyers agreeing not to represent the non-settling parties, or on the settling parties asserting a conflict claim against those lawyers?
The committee concluded that it is unethical to participate in a settlement that, as a condition, either bars the settling opposing parties' attorneys from representing the non-settling opposing parti…
When can a California attorney pay a referral fee to a lawyer who is not a partner or associate, when must the client consent, and does the referral fee have to reflect work the referring lawyer did?
The committee concluded that a referral fee may be paid to an unassociated attorney only if the client consents in writing after written disclosure of the division, the total fee is not increased by t…
If a criminal defense lawyer becomes reasonably certain that the specific cash a client paid as a fee is the actual bills used in the crime, must the lawyer turn that cash over to law enforcement?
The committee concluded that an attorney who believes with reasonable certainty that specific cash received as a fee is the actual money used in the crime must turn that cash over to law enforcement o…
When an attorney files a labor-certification permanent-resident visa application for an undocumented worker, requiring representation of both the worker and the employer, what consent and confidentiality duties apply when the later visa petition must disclose the unlawful employment?
The committee concluded that mutual informed written consent of both the alien and the employer is required before the attorney undertakes the representation, because a later step requires disclosing …
Does independent (Cumis) counsel for an insured defended under a reservation of rights owe the insurer a duty to file a summary judgment motion the client wants withheld, and must counsel file a cross-complaint counsel believes is frivolous?
The committee concluded that independent counsel hired by an insurer to defend an insured under a reservation of rights is counsel for the insured, not the insurer, and may ethically withhold filing a…
When a current client is about to borrow from the lawyer's former client, can the lawyer disclose the former client's prior securities fraud, and whose consent does the lawyer need to represent the current client?
The committee concluded that the lawyer may not disclose the former client's securities fraud unless the former client consents; that the fraud will usually be material so as to require the former cli…
Does a law firm partnership agreement that makes retirement payments contingent on whether a departing member keeps practicing law violate California's rule against agreements restricting the right to practice?
The committee concluded that such an agreement does not violate former Rule 1-500(A), because tying retirement payments to a member's retirement from practice falls within the Rule 1-500(B)(2) excepti…
When County Counsel has a conflict of interest in a juvenile dependency case, can it keep representing the agency and just drop the child, or must it withdraw from representing both?
The committee concluded that when County Counsel has a conflict between the child and the Department of Children's Services, County Counsel should be relieved of representing both, and the court shoul…
Can a lawyer base a contingency fee on both the medical offset the insurer takes and the settlement the client actually receives in an uninsured/underinsured motorist claim?
The committee concluded that an attorney and client may agree to a contingency fee based on both the medical offset taken by the insurance carrier and the settlement actually received, if the contract…
Can a lawyer pay a paralegal a discretionary bonus for good work without it being an improper sharing of legal fees with a non-lawyer?
The committee concluded that a lawyer may pay a paralegal a bonus where it is not a percentage of the lawyer's fees, is not bargained for based on the fee in a particular case, the paralegal has no ex…
Can a lawyer hand over detailed billing statements to a third party that agreed to indemnify the client's fees under a non-insurance contract, without the client's consent?
The committee concluded that, without the client's informed consent, a lawyer may not voluntarily disclose to a non-insurance indemnitor the information in the lawyer's bills about the specific work p…
Can a lawyer who represented a mortgage company only to obtain relief from the bankruptcy stay then buy the property at the later foreclosure sale?
The committee concluded that an attorney who only represents a mortgage company in bankruptcy court to obtain relief from the automatic stay is not prohibited by Rule 4-300 from purchasing the propert…
Can a lawyer defend criminal defendants when other lawyers in the same firm prosecute municipal code violations for a city, even if the prosecutions and defenses are entirely unrelated?
The committee concluded that a firm may not represent criminal defendants in misdemeanor or felony cases while the firm prosecutes municipal code violations on behalf of a city, reaffirming the longst…
Can a lawyer who is owed fees by a former client now in bankruptcy use what the lawyer learned about the client's affairs to help the trustee or creditors locate assets, while also pursuing the lawyer's own fee claim?
The committee concluded that former counsel may file a fee claim in the bankruptcy and an adversary proceeding to have the debt declared nondischargeable, using confidences only as necessary and with …
Can a lawyer petition to have a conservator appointed over a present or former client's property when the client opposes it, if the lawyer believes a conservatorship is in the client's best interest?
The committee concluded that it is improper for an attorney to bring an action for appointment of a conservator over a present or former client, within the scope of the representation, even where the …
Does a lawyer's fiduciary duty over a client trust account extend to co-counsel and other third parties whose funds are in the account, and may the account be maintained out of state or controlled by non-lawyers?
The committee concluded that an attorney's fiduciary obligation extends to all third-party assets in the attorney's possession, not only client funds; that the trust account normally must be maintaine…
Is it ethical for defense counsel in a civil rights case to condition a settlement offer on the plaintiff's lawyer waiving all right to court-awarded attorney's fees?
The committee concluded that, in civil rights and civil liberties cases, it is not ethically proper for defense counsel to condition a settlement offer on the plaintiff's counsel waiving all right to …
When an insurer disputes coverage for part of a claim, can the single attorney representing both the insurer and the insured allocate fees and costs between the covered and disputed issues?
The committee concluded that where an insurance company asserts that a portion of a claim against the insured is not covered, it is improper for a single attorney representing both the insurer and the…
If a lawyer learns that a client is receiving oil royalties the client may not be entitled to, can the lawyer disclose that to the buyers or the oil company, and what should the lawyer do?
The committee concluded that the attorney may not disclose confidential information learned through the attorney-client relationship, absent client consent, even where the client intends to keep recei…
If a lawyer learns that a former client may have committed perjury in an ongoing civil case, must the lawyer report it, and what should the client's current lawyer do?
The committee concluded that a lawyer who learns a former client may have committed perjury in a continuing case need not call on the client to rectify it and may not disclose it to the client's prese…
Can a legal aid staff attorney give the organization's board of directors a client's confidential financial-eligibility information without the client's consent?
The committee concluded that a legal aid attorney may not disclose a client's confidential financial information regarding eligibility to the foundation's board of directors without the client's conse…
What must a lawyer do who is asked to document a corporate merger involving an illegal unregistered securities issuance, when the lawyer is also an officer and house counsel of an affiliated company?
The committee concluded that it is improper for the attorney to continue representing the client in the illegal securities transaction; the attorney should try to persuade the officers that the action…
May a part-time city prosecutor in private practice defend criminal cases that arise in the surrounding judicial district but not in the city that employs him?
The committee concluded that a part-time city prosecutor engaged in private practice may not ethically represent defendants in criminal actions arising in the judicial district, even where the cases d…
Is it improper for a lawyer to collect past-due spousal or child support on a contingent-fee basis in California?
The committee withdrew its earlier Opinion 263, which had called such a contingent-fee arrangement improper, concluding that the question turned on a doubtful determination of law that was outside the…
If a lawyer learns that his client (an estate administrator who is also a lawyer) diverted estate assets, may he disclose it to the court, heirs, or a successor attorney, and what must he do with the file when he withdraws?
The committee concluded the lawyer may not disclose the client's diversion of assets to anyone, including the court or a new attorney, without the client's consent; he need not state the reason for wi…
May a lawyer let an organization he represents publish his picture and biography in the organization's promotional pamphlet to the public?
The committee concluded it was improper for an attorney for an organization to permit his picture and biography to appear in the organization's advertisement to the general public, because it amounted…
When a guardian tells her lawyer she has misused her ward's funds, may the lawyer prepare an account that hides the misuse, or report the misuse to the court without her consent?
The committee concluded the lawyer may not prepare or file an account that conceals the misappropriation, is not obligated to report the misuse to the court absent the guardian's consent, and may not …
Can a lawyer who sits on a charity's board disclose a client's undisclosed savings to prevent the client from continuing to receive aid he may not qualify for?
The committee concluded that a lawyer should not voluntarily disclose a client's confidences to prevent a crime unless the intended act is so serious that prevention outweighs the duty of secrecy, and…
Can a California attorney draft or amend a will that leaves the attorney a substantial gift, and what must the attorney do if the client will not get independent advice?
The committee concluded that an attorney who drafts or amends a will giving the attorney a substantial gift may be subject to discipline for undue influence unless the client has received independent …
Can a property management firm recoup the cost of a law office it provides free to a lawyer by charging its client partnerships per hour the lawyer works for them, without it being unlawful fee splitting with a non-lawyer?
The committee concluded that recouping the firm's office costs from the clients, apportioned by the lawyer's hours, is not by itself prohibited fee splitting under former Rule 1-320 as long as the cha…
Can a lawyer publish a law-journal article arguing a position on an issue that is pending before a court in the lawyer's own client's related case?
The committee concluded that an attorney may publish a law-journal article related to the subject matter of a client's case where the article does not take a position adverse to the client and does no…
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Legal ethics opinions from the Los Angeles County Bar Association 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.