State Bar of Wisconsin Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the State Bar of Wisconsin, with full citations and source links on every page.
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Can lawyers own an outside business such as a collection agency while practicing law, and can their firm accept referrals from that business?
The opinion concluded that owning a collection agency is not prohibited per se, but accepting referrals from it is governed by the solicitation and barratry rules and may often result in a violation.
Can a law firm publish a newsletter of general legal information and mail it to clients and acquaintances under the firm's name?
The opinion concluded that a firm may publish and distribute such a newsletter, with the firm's name listed, provided it helps readers recognize legal problems, is not misleading, and does not appear …
Can a part-time municipal prosecutor defend private clients on charges from other jurisdictions that are tried in the same court where the prosecutor tries the municipality's ordinance cases?
The opinion concluded that the 'same court' is not itself a barrier. It found Memo Opinion 5/65, which had imposed a same-court restriction, contrary to Opinions E-76-12 and E-81-3, reaffirmed those t…
Can a lawyer keep all firm and client funds in a single trust account if a computer accounting system tracks them as two separate accounts?
The opinion concluded that a single pooled account does not satisfy the trust-account rule, which requires a physically separate bank account for client funds; computer accounting distinctions do not …
Can a part-time town attorney who prosecutes ordinance violations defend clients in prosecutions brought by other municipalities?
The opinion concluded that a part-time town attorney may defend a private client against an ordinance prosecution brought by a different town, within limits, as long as the attorney had assumed no pro…
Can a deputy city attorney who negotiates and monitors the city's insurance carrier contract also sit on that carrier's board of directors?
The opinion concluded that it would be improper. A deputy city attorney who represents the city in contract negotiations with its insurance carrier and monitors the carrier's performance cannot simult…
Can a lawyer co-own a corporation with a nonlawyer that handles a landlord's entire eviction process and hires the lawyer to do the legal work?
The opinion concluded that a lawyer may not enter such an arrangement, because it risks aiding the unauthorized practice of law, sharing fees and a law partnership with a nonlawyer, and compromising t…
Can married lawyers appear on opposite sides of a matter, and what about their separate firms opposing each other?
The opinion concluded that one lawyer-spouse appearing directly against the other is per se improper, while the spouses' separate firms or offices opposing each other is not barred per se but requires…
Can a former district attorney accept appointment as special prosecutor when he is likely to be called as a witness in the same matter?
The opinion concluded that representing the state in both matters created no disqualifying conflict, but the lawyer-as-witness rule bars accepting the appointment if he knows or it is obvious he may b…
Can a lawyer represent a private client suing a county while, in a separate case, representing that same county?
The opinion concluded that lawyers who are county officials are barred from suing the county for a private client, while county employees and private practitioners may do so in separate matters only w…
Can a paralegal who is also a licensed real estate broker handle a client's real estate closing if the file was prepared under an attorney's supervision?
The opinion concluded that a paralegal may not appear for the client at a closing, because the client is entitled to have the legal effect of the documents explained by the attorney, and a paralegal d…
Can a law firm present its own public legal seminars without a bank or other institution as sponsor?
The opinion concluded that a firm may present public seminars if the lawyers are motivated to educate the public rather than to obtain employment, with the conduct judged objectively after the seminar…
Can a lawyer for one convicted defendant file an amicus brief for a co-defendant who is separately represented, after they ran inconsistent defenses at trial?
The opinion concluded the lawyer is not automatically barred, but only with full disclosure and consent from both defendants and only if it would not adversely affect the lawyer's own client, who must…
Can a lawyer or law office practice under a trade name rather than the lawyers' own names?
The opinion concluded that, under the rules then in force, a lawyer or law office could not operate under a trade name, reaffirming a prior opinion that a name like 'City Legal Clinic' was improper.
When a lawyer is appointed guardian of an incompetent person, can the lawyer also charge the ward's estate for legal services as attorney for the guardian?
The opinion concluded that serving as both guardian and attorney and charging for legal services is not prohibited under Wisconsin law, but the lawyer has an ethical duty to charge only a reasonable t…
Can a lawyer add interest to a bill that goes unpaid for 30 days?
The opinion concluded that a lawyer may charge interest on delinquent accounts only if the client was told in advance and agreed to it; a generic 'finance charge' or 'late charge' line on statements i…
Can a law firm that serves as counsel to labor unions advertise in the union's trade paper, and say it is counsel for the local unions?
The opinion concluded that a firm may advertise its availability in a union trade journal, including that it is counsel for the local unions, provided the advertisement is not false, misleading, decep…
Can a lawyer draft a will for a law partner's spouse that leaves the partner the entire estate, excluding the children?
The opinion concluded that a lawyer may not draft a will for a partner's spouse in which the partner would receive a larger share of the estate than he or she would take by intestacy. Because the part…
Can Wisconsin and out-of-state law firms form an interstate association and share fees, and how must they describe the relationship on their letterheads?
The opinion concluded that interstate fee and practice arrangements among lawyers are permitted, since the Canons do not control how associated lawyers in different states are paid. But the proposed l…
Can a lawyer who represented two business partners later sue one of them on behalf of the other?
The opinion concluded that a lawyer who jointly counseled two partners on incorporating their business may not later represent one against the other to recover partnership assets. Having served both, …
What must a lawyer or legal services corporation do with client trust funds that cannot be returned because the client cannot be located?
The opinion concluded that unclaimed client trust funds must be preserved under the lawyer's fiduciary duties and disposed of through the Uniform Disposition of Unclaimed Property Act, not transferred…
Can a lawyer write and publish an 'Ask the Lawyer' newspaper column?
The opinion concluded that a lawyer may prepare and disseminate an 'Ask the Lawyer' column, within limits: the column must not give individual legal advice or appear to solve individual problems, the …
Can a bank recommend a particular estate-planning attorney to its customers, where the attorney's referrals benefit the bank?
The opinion concluded that the arrangement was improper solicitation. A bank may not recommend a particular attorney's estate-planning services to its customers when the bank receives a benefit, becau…
Can a lawyer form a commercial 'traffic consultant' corporation that audits freight bills and handles related legal work, and advertise it under that name?
The opinion concluded that an ordinary commercial corporation may not render legal services to the public even though one of its officers is a lawyer, so providing legal services through it (such as a…
Can a lawyer advertise that the practice is 'limited to' particular fields of law, such as tax planning and tax litigation?
The opinion concluded that a lawyer may advertise that the practice is 'limited to' named fields, such as federal and state tax planning, tax litigation, and tax audits, provided the entire advertisem…
Is a law firm disqualified from representing a client when a state agency official with regulatory power over that client joins the firm?
The opinion concluded that whenever the former agency official would be disqualified under the Wisconsin public-official statutes and Canons 4, 5, and 9, each member of the firm would be disqualified …
Can a lawyer disclose a deceased client's confidential statements if the personal representative waives the attorney-client privilege?
The opinion concluded that a deceased client's personal representative may waive the attorney-client privilege, and that the attorney discharges his ethical duty by raising any objection he has to dis…
Can a prosecutor amend a criminal complaint up from a misdemeanor to a felony after the defendant pleads not guilty?
The opinion concluded that, on these facts, it is not ethically improper to amend a complaint up from a misdemeanor to a felony after the defendant declines to plead guilty, because the prosecutor nee…
Can attorneys participate in a third-party plan that finances clients' legal fees through a revolving credit arrangement?
The opinion concluded that attorneys may participate in a third-party plan financing clients' legal fees, finding no ethically objectionable features where the client is given the option to pay other …
Can a lawyer who investigated a claim for a former client later represent a claimant against a co-surety, when a contribution claim might reach the former client?
The opinion concluded that it would be improper. A lawyer who investigated a bond claim for a former client cannot later represent the claimant against the co-surety in the same matter, even where no …
Can a law firm or legal-service corporation practice under a trade name like 'City Legal Clinic'?
The opinion concluded that it would be improper to use the name 'City Legal Clinic' for either a law partnership or a legal-service corporation, because it is a trade name that misleads the public abo…
Can a lawyer who serves as a state legislator represent clients for compensation before a state agency the legislature funds and oversees?
The opinion concluded that an attorney-legislator should be prohibited from representing clients for compensation before a state agency over which the legislature exercises appointment, removal, and b…
Can a part-time city or village attorney take private criminal defense cases in the same county where the district attorney prosecutes?
The opinion concluded that it generally is not improper. A part-time municipal attorney who handles only traffic and ordinance matters for the city may defend private clients on criminal or state moto…
Can the law partners of a part-time assistant district attorney defend private criminal clients if there is full disclosure and consent?
The opinion concluded that they cannot. A part-time assistant district attorney may do no criminal defense work, and that disqualification extends to the partners and associates of the firm, even with…
Can a law firm or professional corporation use 'and Company' or '& Co.' in its name?
The opinion concluded that a law firm may not use 'and Company' or '& Co.' in its corporate name. The committee found the term too allied with business or industrial purposes, a substantial departure …
Can a lawyer give the administrator of a deceased client's estate a tape recording the lawyer made of the client's confidential discussion?
The opinion concluded that the lawyer could not. Under the confidentiality rule, it would be improper to disclose the contents of the tape recording of the deceased client's discussion, or to release,…
Can a law firm send its clients a private letter offering to match their charitable gifts to an educational institution?
The opinion concluded that it could. A law firm's private letter offering, with a limit, to match clients' gifts to an educational institution violated no provision of the Code of Professional Respons…
Can a lawyer draft a long-time client's will and trust that names the lawyer's own firm as executor, co-trustee, and counsel for the estate?
The opinion concluded that, on these facts, the lawyer could. Where a client, because of the lawyer's exceptional familiarity with his business and family, asks the lawyer to draft the instruments and…
Can a lawyer who serves as a city council member or county supervisor represent private clients in suits involving the city or county?
The opinion concluded that it depends on the matter. A supervisor may not represent a private party in a claim against his own county; a council member's defense of an ordinance he had substantial res…
If someone writes to the estate's lawyer announcing a claim against the estate, does the lawyer have to tell them to get counsel before the filing deadline passes?
The opinion concluded that the lawyer had a duty to advise the unrepresented claimant promptly that he had a possible claim and should seek other counsel or contact the register in probate to perfect …
Can a law firm put a paralegal or legal assistant's name on its letterhead, and can paralegals carry firm business cards?
The opinion concluded that, under the rule as it then stood, paralegals' names could not appear on the firm letterhead, but legal assistants could use a business card identifying the firm and their ca…
Can a voluntary county bar association require every lawyer in the county to accept rotating indigent appointments or pay a fee for declining?
The opinion concluded that a voluntary county bar may require its own members to participate as a condition of membership and may invite non-members voluntarily, using reasonable rules including a tak…
When a police department's in-house legal advisor counsels an individual officer, is that officer a client, and can the advisor report the officer's confidences to the chief?
The opinion concluded that the advisor's attorney-client relationship is with the police chief, not the individual officers. Counseling officers risks a serious conflict, so officers must be warned th…
Can legal aid staff lawyers represent indigent co-defendants in the same case, and can the legal aid board order them to withdraw?
The opinion concluded that staff attorneys are neither forbidden to accept nor automatically required to withdraw from representing indigent co-defendants; each attorney must judge whether a specific …
Can a district attorney who is salaried as a full-time prosecutor (one not permitted to practice privately) also take private legal clients?
The opinion concluded that the answer turns on the statute. A district attorney paid under the provision for prosecutors not permitted to practice privately owes the county all of his professional tim…
Can a lawyer who over-collected on one client's judgment apply the excess held in trust to another client's claim against the same debtor when the debtor objects?
The opinion concluded that the lawyer could not. Applying about $200 over-collected from a judgment debtor to a second creditor-client's claim, over the debtor's strong objection, would be improper an…
Can a lawyer accept credit cards for legal fees and charge interest on overdue client accounts?
The opinion concluded that both are permitted within limits. Adopting ABA Formal Opinion 338, the committee said lawyers may accept credit cards for legal fees and charge interest on delinquent accoun…
Can a non-profit legal services organization run a bail fund for indigent criminal clients, administered by its staff lawyers?
The opinion concluded that it cannot. The committee found it improper and unethical for a non-profit legal services corporation to maintain a bail fund for the indigent criminally accused administered…
Can a lawyer who wins a case invite the jurors to a celebratory party, or encourage the client to do so?
The opinion concluded that the lawyer should not participate in any such celebration and should actively counsel against inviting the jury, because post-trial contact with jurors and the appearance th…
Can lawyers (here, law professors) operate a for-profit legal research service for other attorneys and announce it by mail and bar-journal advertising?
The opinion concluded that the service could be operated with ethical propriety if proper safeguards were observed. A lawyer may announce availability to serve other lawyers in a branch of law, but th…
Can a lawyer let clients pay legal fees through a credit card plan?
The opinion concluded that financing fees through a credit card plan does not appear to contravene any specific canon or disciplinary rule, but the committee declined to make a final determination or …
Can a lawyer file bankruptcy for a debtor while also representing the creditors, with a creditor paying the fees in exchange for the debtor reaffirming the debt?
The opinion concluded the lawyer cannot. The interests of a bankrupt debtor and his creditors are adverse, so representing both is an inherent conflict; the arrangement to have a creditor pay the fees…
Can a lawyer publish a do-it-yourself divorce kit of forms and explanations for couples seeking an uncontested divorce?
The opinion concluded that publishing such a kit would not itself be the unauthorized practice of law, because Wisconsin permits self-representation, but it cautioned that promoting the author as a la…
Can a lawyer give a divorce handbook with general information to the lawyer's own divorce clients?
The opinion concluded the lawyer may circulate a divorce handbook of the type proposed to give general information to the lawyer's own divorce clients, while expressing no view on the accuracy of its …
Can a lawyer campaign for, endorse, and financially support a candidate for judge, and how?
The opinion concluded that lawyers may, and are expected to, inform the public about judicial candidates' qualifications, endorse candidates based on merit, and make reasonable contributions to a camp…
If a practicing lawyer runs for judge, are they held to the judicial-candidate conduct rules that apply to sitting judges?
The opinion concluded that they are. The committee adopted an advisory opinion extending the Wisconsin Code of Judicial Ethics rules on judicial-candidate conduct to attorneys seeking judicial office,…
Can a law firm send other lawyers an announcement that it is available to consult in labor law and that it has 19 years of experience in the field?
The opinion concluded that the firm could distribute a dignified announcement of availability to consult or associate in a branch of law, but the announcement could not claim special competence or exp…
After drafting a client's will, can the lawyer keep the original in safekeeping, or must it go to the client?
The opinion concluded, following the Wisconsin Supreme Court's Gulbankian decision, that the correct practice is to deliver the original will to the testator; a lawyer should keep it only on the clien…
Can a collection lawyer give creditor-clients pre-printed forms with his name on them to send to debtors threatening to put the matter in his hands?
The opinion concluded that the arrangement would violate professional ethics. It denies the lawyer personal judgment over accepting employment, aids the unauthorized practice of law, amounts to solici…
Can lawyers raise funds to support judicial candidates through an official bar association endorsement committee despite the ban on judicial testimonials?
The opinion concluded that they can. The fundraising activities of the Lawyers Judicial Endorsement Executive Committee, an official arm of the Milwaukee and Junior Bar Associations, are not affected …
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Legal ethics opinions from the State Bar of Wisconsin 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.