Louisiana State Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Louisiana State Bar Association, with full citations and source links on every page.
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May a Louisiana lawyer charge a succession representative a fee calculated as a percentage of the estate's value?
Yes, if the resulting fee is reasonable. The opinion treats the percentage method as a fixed fee rather than a contingency fee, requires communication of the percentage, and applies Rule 1.5(a) to…
What duties govern a Louisiana lawyer's use of cloud services, mobile devices, and other technology?
The lawyer must consider the technology's benefits and risks, use reasonable care to keep client information secure and accessible, communicate relevant risks, and supervise technology providers.
What must a Louisiana lawyer tell a client after making a significant error in the representation?
The lawyer must disclose a significant error that may materially affect the matter. Continued corrective representation requires compliance with Rule 1.7(b), and settling a potential malpractice…
May a Louisiana lawyer accept credit cards for earned fees, advance fees, and costs?
Yes, if the merchant agreement permits compliance with the rules on fees, communication, confidentiality, and safekeeping. Advance funds and chargebacks must be arranged so client funds remain protected.
May a Louisiana lawyer pay fees to a lawyer who has been suspended or disbarred?
The opinion bars fee sharing for post-discipline legal work but permits payment as a creditor for services performed or fees earned before discipline under a valid agreement or quantum meruit,…
May a Louisiana lawyer share office space with a nonlawyer business?
The rules do not categorically prohibit the arrangement, but the opinion identifies confidentiality, independence, fee sharing, unauthorized practice, paid referrals, and client-business-transaction…
May one Louisiana lawyer represent both a driver and the driver's injured guest-passenger?
Generally no, because even slight driver fault gives the passenger a potentially adverse claim. The opinion recognizes only rare cases in which the conflict is consentable and both clients give…
May a Louisiana lawyer give a client a thank-you gift after the client refers new business?
The rules do not specifically prohibit client gifts, but the opinion limits them to modest expressions of thanks that are not portrayed or perceived as payment or an incentive for referrals.
May a Louisiana lawyer give a second opinion to someone already represented in the matter?
Yes, when the represented person initiates contact and the consulted lawyer does not already represent someone in the matter. The opinion also permits communications outside the subject of the…
May unaffiliated Louisiana lawyers share office space without being treated as one firm?
Yes, if the lawyers preserve client confidences and do not present themselves as a firm. The opinion explains that contrary appearances or shared access can lead to imputed conflicts or malpractice…
May a Louisiana lawyer use a trade name or operate the same law practice under multiple business identities?
A lawyer may use a nonmisleading trade or fictitious name that complies with the Louisiana rules, but the opinion concludes that the lawyer must use one business identity consistently and…
When does a Louisiana part-time prosecutor's civil practice conflict with prosecutorial duties?
The prosecutor must decline civil work when the facts could support related criminal charges and must withdraw from both roles if the conflict emerges later. A prosecutor may not represent a civil…
When must a Louisiana lawyer report another lawyer's professional misconduct?
The lawyer must promptly report to the Office of Disciplinary Counsel when objective evidence would cause a reasonable lawyer to firmly believe misconduct affecting honesty, trustworthiness, or…
What must a Louisiana lawyer do with funds or property belonging to a missing client?
The lawyer must keep the property safeguarded and make reasonable, proportionate efforts to locate the client and deliver it. After those efforts are exhausted, the opinion points to Louisiana's…
How long should a Louisiana lawyer retain closed client files?
The opinion identifies no comprehensive retention rule and directs each practice to adopt a policy tailored to its clients and matters, with then-current property records preserved for at least five years.
May a Louisiana lawyer act as trial advocate when the lawyer is likely to be a necessary witness?
Generally no, unless a Rule 3.7 exception applies and no conflict prevents the dual role. Pretrial representation may continue with informed consent while the testimony is not prejudicial to the client.
What must a Louisiana lawyer do when subpoenaed for confidential client information?
If the client objects, the lawyer must assert applicable privilege and obtain a contradictory hearing. After a court orders disclosure, Rule 1.6(b)(6) permits the lawyer to testify.
What ethics rules apply when a Louisiana lawyer volunteers on a disaster legal-advice hotline?
The lawyer may provide competent short-term services through a nonprofit or court program and may advise represented people when unaffiliated with their matter, but may not use disaster relief as…
What must a Louisiana lawyer do with settlement funds claimed by both a client and a third party?
The lawyer must protect known enforceable third-party interests, distribute undisputed amounts, and preserve the disputed amount. The client cannot direct the lawyer to disregard the third party's rights.
What must a Louisiana lawyer deliver when a client requests the file after representation ends?
The lawyer must promptly deliver the entire original file, including work product, and may not condition release on payment of fees, copying costs, or an unreasonable delivery method.
When may a Louisiana lawyer use a contingency fee in a domestic-relations matter?
The fee cannot depend on securing a divorce, setting support, or obtaining property in lieu of support. After divorce, the opinion permits contingency fees for collecting arrearages and for property…
What must a Louisiana lawyer do for clients when retiring and closing the practice?
The lawyer must give reasonable notice, allow time for replacement counsel, surrender files and property, refund unearned advance fees, and protect client interests during the closure.
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Legal ethics opinions from the Louisiana State 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.