Pennsylvania Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Pennsylvania Bar Association, with full citations and source links on every page.
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Can a Pennsylvania lawyer ask about or threaten to report a witness's or party's immigration status?
It depends on purpose. The opinion concludes that referencing, inquiring into, or reporting a person's immigration status to keep that person from participating in the legal system violates Pa.R.P.C. …
When can a Pennsylvania lawyer be listed as "of counsel" to a law firm?
Only when there is a close, continuing, personal professional relationship between the lawyer and the firm. The opinion concludes the label must not be false or misleading, and an of-counsel lawyer is…
Does a Pennsylvania lawyer have to put the fee in writing for every client?
Almost always. The opinion concludes that under Rule 1.5(b) the basis or rate of the fee must be communicated in writing, before or within a reasonable time after starting work, unless the lawyer has …
Can a Pennsylvania lawyer use generative AI like ChatGPT in their practice?
Yes, with safeguards. The joint opinion concludes lawyers may use AI if they understand its risks, verify all output and citations, protect client confidentiality, supervise it like nonlawyer staff, a…
Can a Pennsylvania lawyer interview an opposing party's former employee who signed a confidentiality agreement?
Yes. The opinion concludes a lawyer may interview an adverse party's former employee for factual information and has no duty to ask whether a confidentiality agreement exists, but on learning of one m…
Does a Pennsylvania lawyer need a signed confidentiality agreement from every vendor who can see client data?
No. The opinion concludes a lawyer need not get a signed agreement from every vendor, but must make reasonable efforts under Rule 5.3 to ensure the vendor has adequate procedures to safeguard confiden…
Can one lawyer represent both a corporation and its director defendants in a shareholder derivative suit?
Only sometimes. The opinion concludes joint representation is permitted when the claims amount to mere mismanagement and a disinterested corporate official consents, but is barred when there are serio…
Must a Pennsylvania lawyer run real estate settlement funds through an IOLTA account?
Generally yes. The opinion concludes real estate settlement funds are Rule 1.15 funds, so a lawyer who is an authorized signatory on the account holding the proceeds must designate it an IOLTA account…
Does a Pennsylvania workers' comp lawyer have to ask for Section 440 counsel fees?
Not in every case, but the lawyer must raise it with the client. The opinion concludes the decision whether to seek Section 440 fees implicates the client's substantive rights, so the lawyer must disc…
Can a Pennsylvania lawyer keep client information on a smartphone with apps installed?
Yes, with precautions. The opinion concludes a lawyer may use a smartphone but may not let an app share Rule 1.6 information unless the lawyer concludes no human will view it and it will not be sold o…
Does a Pennsylvania lawyer have to encrypt email to clients?
Not always, but more than before. The opinion concludes lawyers may still use email but must evaluate its security risks, that some highly sensitive information should not be sent by email without pre…
Can a Pennsylvania lawyer deposit a flat fee straight into the operating account instead of a trust account?
Sometimes. The joint opinion concludes a flat fee that is also "earned upon receipt" need not go into a Rule 1.15 trust account if the agreement says it is non-refundable and earned upon receipt; any …
Can a Pennsylvania lawyer throw out old original wills when the clients can't be found?
No. The opinion concludes original signed wills are client property under Rule 1.15 that lawyers must safeguard indefinitely, and may not dispose of them when the testator's location is unknown unless…
Can a Pennsylvania lawyer use medical marijuana without risking their law license?
Yes, by itself. The opinion concludes that obtaining and using medical marijuana in conformance with Pennsylvania's Medical Marijuana Act should not, on its own, violate the Rules of Professional Cond…
Can a Pennsylvania lawyer work remotely from a state where they are not licensed?
Yes. Adopting ABA Formal Opinion 495, the opinion concludes a Pennsylvania-licensed lawyer may practice Pennsylvania law for Pennsylvania clients while physically located in a state where the lawyer i…
Can a Pennsylvania lawyer ask a client to sign a COVID-19 liability waiver?
Only with informed consent. The opinion concludes that asking a client to waive the right to compensation for COVID-19 exposure creates a personal-interest conflict, so the lawyer may seek the waiver …
When a client switches lawyers in a contingent fee case, must successor counsel protect the prior lawyer's charging lien out of the recovery?
Yes. The opinion concludes that under Rule 1.15(f), successor counsel must keep enough of the recovery in trust to satisfy the predecessor's quantum meruit claim until the lien dispute is resolved by …
What are a Pennsylvania firm's duties when one of its lawyers is impaired by illness or addiction?
The opinion endorses D.C. Bar Opinion 377 and concludes that managing lawyers must take reasonable steps under Rule 5.1, that an impaired lawyer may need to withdraw under Rule 1.16(a)(2) with appropr…
What are a Pennsylvania lawyer's ethical duties when working from home or another remote location?
The opinion concludes that lawyers working remotely have the same confidentiality and competence duties as in the office, and must take reasonable precautions, technological and physical, to protect c…
When a client hires a new contingent fee lawyer, must that lawyer tell the client the prior lawyer may still claim a fee?
Yes. The opinion concludes that successor counsel in a contingent fee matter must inform the client in writing that predecessor counsel may have a claim for compensation and explain how that claim aff…
Can a Pennsylvania lawyer copy or blind-copy a client on emails to opposing counsel, and can opposing counsel reply to all?
The opinion concludes that copying or blind-copying a client on email to opposing counsel risks disclosing confidential information and a client reply-all, so lawyers should limit it, flag it, and spe…
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Legal ethics opinions from the Pennsylvania 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.