Orange County Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Orange County Bar Association, with full citations and source links on every page.
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When may a California lawyer name a current or former client in an online bio without consent?
The opinion bars an unconsented listing that would embarrass or harm the client, disclose information the client asked to keep confidential, imply regular representation, or mislead readers.
Must California counsel disclose a contract lawyer who ghostwrites a court document?
The opinion permits undisclosed ghostwriting in general, but requires disclosure to the court when seeking that lawyer's fees and to the client when the involvement is a significant development.
What happens when a corporate client's merger creates adversity to another current client?
The opinion first tests whether the acquired company and parent have a unity of interests; if a conflict exists and consent fails, it analyzes withdrawal, loyalty, and confidential information.
What duties arise when a lawyer who invested in a company becomes its counsel and director?
The opinion calls for a fact-specific review of competence, conflicts, confidentiality, and privilege, often requiring written disclosure or informed written consent.
May a California family lawyer sign a collaborative-law agreement requiring withdrawal if negotiations fail?
The opinion permits the described agreement as limited-scope representation, subject to competence, conflict disclosure, confidentiality, and withdrawal duties.
Must a California lawyer turn over electronic client files at the end of representation?
The opinion applies the client-file return duty to electronic material and calls for reasonable attention to the client's requested format, copying costs, and potential work-product metadata.
What change to the rule on lawyer-client sexual relations did Orange County's committee propose in 2003?
The opinion argued that former California Rule 3-120's partial ban was insufficient and urged adoption of ABA Model Rule 1.8(j)'s broader prohibition.
How did Orange County's 2003 opinion address a criminal client's stated intent to testify falsely?
The opinion proposed an actual-knowledge threshold; if the client admitted an intent to lie, counsel would first try to dissuade the client and then consider withdrawal or narrative testimony.
How did Orange County's 1999 opinion address a client-only settlement check during a fee dispute?
The opinion says the lawyer cannot deposit a check payable only to the client without permission; it discusses keeping the indivisible check separate while offering fee arbitration.
May a lawyer bill old drafting time as current hourly work when adapting a form for a new client?
The 1999 opinion criticizes billing hours spent creating an old form as though they were spent on the new client's matter; it calls for accurate communication of the fee method.
What did Orange County's 1997 opinion say about client calls, email, and fax confidentiality?
The opinion permits cellular calls and fax use with attention to confidentiality, encourages but does not require email encryption, and says a fax legend cannot cure a misdirected transmission.
May appointed counsel tell a conservatorship court that a client's opposition is against the client's interests?
For the opposing proposed conservatee in the opinion, counsel may not disclose detrimental client information or contrary views without consent; if the court insists on such a disclosure, counsel…
What did Orange County's 1994 opinion say about a prosecutor withholding known facts at an administrative hearing?
The opinion says a public prosecutor's duty to pursue and present truth transcends client loyalty and confirms that California may discipline prosecutors for professional misconduct.
Could a supervised paralegal visit estate-planning clients and discuss attorney-written living trust packages?
On its limited facts, the opinion says a paralegal's client visits and trained answers did not constitute unauthorized practice where the lawyer supervised the work, wrote the trusts, and maintained…
May a lawyer socialize with a judge before whom the lawyer has a pending case?
The opinion permits social contact if the lawyer does not discuss the pending case or give a prohibited gift, and the judge's conduct does not impair impartiality or its public appearance.
Could a lawyer offer clients a bank loan for legal fees under Orange County's 1993 opinion?
The opinion says fee financing is not inherently forbidden but the submitted plan lacked safeguards, including nonrecourse terms, optional note buyback, arbitration, and client confidentiality.
What did Orange County's 1993 opinion say about a lawyer's solicitation letter to an injured child's parents?
The opinion found the sympathy appeal, omitted litigation costs, specialization claim, and unqualified free-consultation claim problematic under former Rule 1-400, while rejecting a prediction…
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Legal ethics opinions from the Orange County 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.