Formal Ethics Opinion Library – Table of Contents

Search Ethics Opinions Here
2005-1

Withdrawal from Litigation: Unpaid Fees

2005-2

Information About Legal Services: Cross-Referrals, Office Sharing with Nonlawyer

2005-3 Information About Legal Services:
Disseminating Information Through the Media or Through Speeches
2005-4

Conflicts of Interest, Current Clients:
Advancement of Living Expenses, Bail and Travel Expenses to Client

2005-5

Fraudulent or Dishonest Conduct: Unwitnessed and Telephonic Notarization

2005-6

Communicating with Represented Persons

2005-7

Lawyer as State Legislator: Lobbying on a Client's Behalf

2005-8

Lawyer as Witness

2005-9

Communicating with Jurors After Trial [superseded by 2005-143]

2005-10

Conflicts of Interest, Current Client: Lawyer Has Other Business

2005-11

Conflicts of Interest, Former Clients: Matter-Specific Conflicts

2005-12

Firm Names: Office Sharing with Separate Practices

2005-13

Fee Agreements: Contingent Fees, Domestic Relations

2005-14

Deputy District Attorneys Representing Private Parties

2005-15

Fee Agreements: Contingent Fees Paid in Installments

2005-16

Communicating with Unrepresented Persons

2005-17

Conflicts of Interest, Former Clients: Use of Confidential Information

2005-18

Competance and Diligence: Buying Up Client's Bad Checks

2005-19

Dishonesty, Misrepresentation and Representation Within the Bounds of the Law: Seeking Duplicate Damages

2005-20

Unauthorized Practice of Law: Assisting Nonlawyers

2005-21

Frivolous Litigation: Affirmative Defenses

2005-22

Conflicts of Interest, Current Clients: Avoiding Influence by Others

2005-23

Information Relating to the Representation of a Client: Retired and Former Lawyer

2005-24

Unauthorized Practice of Law: Employing and Compensating Nonlawyers and Disbarred and Suspended Lawyers

2005-25

Fee Agreements: Suspended and Disbarred Lawyers, Fees and Division of Fees

2005-26

Lawyer-Client Relationship: Endorsing Check on Client's Behalf, Lawyer as Agent

2005-27

Conflicts of Interest, Current Clients: Representation of Trade Association and Its Members

2005-28

Conflicts of Interest, Current and Former Clients:
Representing Both Sides in Adoption

2005-29

Law Partnerships: Covenants Not to Compete

2005-30

Conflicts of Interest, Current Clients:
Simultaneous Representation of Insurer and Insured

2005-31

Information About Legal Services: Improper Use of Titles

2005-32

Conflicts of Interest, Current Clients: Limiting Business Relations with Client

2005-33

Conflicts of Interest, Current Clients: Withdrawal When Client Not Found

2005-34

Information Relating to the Representation of a Client: Client Perjury

2005-35

Information About Legal Services: Greeting Cards and Open House

2005-36

Lawyer Campaigning for Judicial Office

2005-37

Conflicts of Interest, Current Clients: Issuers and Underwriters of Bonds

2005-38

Lawyer Campaigning for Others in Elections

2005-39

Lawyer as Pro Tem Judge

2005-40

Conflicts of Interest, Current Clients:
Representing Debtor and One or More Creditors in Bankruptcy

2005-41

Competence and Diligence: Client with Diminished Capacity

2005-42

Communicating with Unrepresented Persons: Prospective Defendant

2005-43

Client Property: Preserving Will Where Former Client Not Found

2005-44

Conflicts of Interest, Current Clients: Part-time Nonlawyer Employees

2005-45

Fee Agreements: Client to Pay More If Finances Change

2005-46

Conflicts of Interest, Current Clients:
"Who Is the Client," Group Legal Assistance Plans

2005-47

Settlement Including Promise Not to Sue Again

2005-48

Trust Accounts: Unclaimed Client Funds in Trust

2005-49

Disclosure of Entity Status

2005-50

Conflicts of Interest, Current Clients: Office Sharers Representing Opposing Parties

2005-51

Conflicts of Interest, Current Clients:
Lawyer Membership in Trade Association Represented by Lawyer

2005-52

Client Funds: Obligation of Lawyer to Client Creditors and PIP Carrier

2005-53

Duty Not to Assist in Fraudulent Behavior

2005-54

Fee Agreements: Contingent to Hourly Fee When Client Rejects Settlement Offer

2005-55

Lawyer as Escrow Agent

2005-56

Impartiality: Gifts to Judges

2005-57

Conflicts of Interest, Current Clients:
Government Lawyers, Support Enforcement Division

2005-58

Information About Legal Services:
Publicizing Lawyer's Relationship to Independent Business

2005-59

Frivolous Litigation: Joinder of Defendants

2005-60

Lawyer Changing Firms: Duty to Retain or Surrender Client Property

2005-61

Conflicts of Interest, Current Clients:
Malpractice, Failure to Timely File, Settlement Between Lawyer and Client

2005-62

Conflicts of Interest, Current and Former Clients:
Representation of Original and Successor Personal Representatives

2005-63

Fee Agreements:
Interim Payment to Lawyer Before Probate Completed

2005-64

Statements of Opinion Concerning Judge's Competence

2005-65

Listing of Nonlawyer Personnel on Firm Letterhead

2005-66

Conflicts of Interest, Current Clients: Legal Aid Society

2005-67

Conflicts of Interest, Current and Former Clients: County Counsel

2005-68

Trust Accounts: Claims of Two or More Persons

2005-69

Fee Agreements: Dividing Court-Awarded Fees with Nonlawyer

2005-70

Lawyer Changing Firms: Duty of Loyalty

2005-71

Ex Parte Contact with Judge [this opinion has been withdrawn]

2005-72

Conflicts of Interest, Current Clients: Creditor of Seller vs. Buyer

2005-73

Information About Legal Services: Acceptance of Referrals

2005-74

Electronic Recording of In-Person Conferences or Telephone Conversations Without Notice or Consent of All Participants
[superseded by 2005-156]

2005-75

Financial Relations Between Lawyer and Judge

2005-76

Lawyer's Duty to Disclose Certain Adoption Informatioin to Client, Lawyer as Agent

2005-77

Conflicts of Interest, Current Clients:
Representation of Insured After Investigation of Matter for Insurer

2005-78

Fee Agreements: Increasing Fee Because of Dispute

2005-79

Information About Legal Services: Providing Legal Services to Church Members or on Behalf of Church-Related Causes

2005-80

Communicating with Represented Persons: Current and Former Employees of Entities Represented by Counsel, Lawyer-Client Privilege

2005-81

Communicating with Represented Persons: Information Relating to the Representation of a Client, Second Opinions

2005-82

Conflicts of Interest, Current Clients: Representing Multiple Criminal Defendants

2005-83

Ex Parte Contact with Administrative Law Judge

2005-84

Ex Parte Contact: Lawyer for Nonparty, OLCC Hearing

2005-85

Identifying the Client: Corporations and Partnerships

2005-86

Conflicts of Interest, Current Clients:
Representing Husband and Wife in Bankruptcy, Wills, Dissolution

2005-87

Unauthorized Practice of Law: Financial and Estate Planning Service

2005-88

Trust Accounts: Withdrawal of Attorney Fees When Due [superseded by 2005-149]

2005-89

Prosecuting Attorneys: Obtaining Promise Not to Enter into Civil Compromise, Suggesting Civil Compromise

2005-90

Client Property: Attorney Liens

2005-91

Conflicts of Interest, Current Clients: Lawyer as Officer, Director or Shareholder of Corporate Client, Vicarious Disqualification

2005-92

Competent and Diligent Representation: Assisting Client in Breach of Contract

2005-93

Conflicts of Interest, Current Clients:
Lawyer Drafting Parent's Will and Probating Parent's Estate

2005-94

Conflicts of Interest: Lawyer's Spouse as Real Estate Broker

2005-95

Conflicts of Interest: Duty to Report Disciplinary Rule Violations

2005-96

Information Relating to the Representation of a Client: Notarial Journals

2005-97

Fee Agreements: Modifications of Fee Agreement and Interest Charges

2005-98

Fee Agreements: Flat Fees, Diligence and Competence

2005-99

Conflicts of Interest Between Lawyer and Client: Sexual Relations Between Domestic Relations Lawyer and Domestic Relations Client [superseded by 2005-140]

2005-100

Information About Legal Services:
Initiating Contact with Lawyer Referral Service Clients

2005-101

Unauthorized Practice of Law:
Lawyer as Mediator, Trade Names, Division of Fees with Nonlawyer

2005-102

Conflicts of Interest Between Lawyer and Client, Public Officials, Conduct Prejudicial to Administration of Justice: Lawyer-Municipal Judge Representing Clients Before City Council or Court

2005-103

Information About Legal Services:
Multistate Law Firm, Advertising Availability of Out-of-State Lawyer

2005-104

Information Relating to the Representation of a Client: Self-Defense Exception

2005-105

Information Relating to the Representation of a Client: Receipt of Property Stolen by Client or Other "Fruits" of Crime

2005-106

Information About Legal Services:
Purchase of Tax Return Preparation Practice or Private Law Practice

2005-107

Unauthorized Practice of Law: Producing General Legal Information Tapes

2005-108

Information About Legal Services: Dual Professions, Yellow Pages Advertising

2005-109

Letterhead Listing an Out-of-State Law Firm as "Associated Offices"

2005-110

Conflicts of Interest, Former Clients: Former Client as Adverse Witness

2005-111

Conflicts of Interest, Current Clients:
Representing Bankruptcy Client Who Owes Lawyer Substantial Fees

2005-112

Information About Legal Services: Distribution of Brochure by Welcoming Program and Participation in Health Club Services Program

2005-113

District Attorneys: Plea Bargains Including Waiver of Civil Remedies

2005-114

Conflicts of Interest, Current Client: City Councilor or Mayor, Lawyer's Associate Acting as Criminal Defense Counsel

2005-115

Unauthorized Practice of Law: Third-Party Influence

2005-116

Conflicts of Interest, Current Clients: Charity and Donor

2005-117

Trust Accounts: Funds Held in IOLTA or Non-IOLTA Account, Types of Depository Institutions

2005-118

Conduct Prohibited by Court Rules: Communicating with Adverse Expert Witness, Dissuasion of Witness from Testifying [superseded by 2005-132]

2005-119

Conflicts of Interest, Current Clients: Fiduciaries

2005-120

Conflicts of Interest, Former Clients: Lawyer Changing Firms, Former Prosecutor or Judge, Disqualification, Screening [revised 2007]

2005-121

Conflicts of Interest, Current Clients: Insurance Defense

2005-122

Conflicts of Interest, Current Clients: Multiple Government Clients, Future Conflict Waivers

2005-123

Conflicts of Interest, Current Clients: Formation of Corporation or Partnership

2005-124

Fee Agreements: Excessive Fees, Contingent Fees, PIP Benefits

2005-125

Client Property: Photocopy Charges for Client Files, Production or Withholding of Client Files

2005-126

Communicating with Represented Persons: Prosecutions

2005-127

Information About Legal Services: Writing to Accident Victims

2005-128

Conflicts of Interest, Current and Former Clients:
Lawyer Changing Firms, Imputed Disqualification

2005-129

Competent Representation, Information Related to the Representation of a Client: Responsibilities on Death of a Sole Practitioner

2005-130

Conflicts of Interest, Current Clients: Plaintiff and Witness for Plaintiff

2005-131

Contacting Adverse Expert Witness in a Criminal Case

2005-132

Communicating with Adverse Expert Witness:
Dissuasion of Witness from Testifying

2005-133

Attorney Fees: Financing Arrangement

2005-134

Ex Parte Contact: County Counsel Contact with Hearing Officer and County Land Use Officials

2005-135

Trust Accounts: Depositing Fees of Arbitrator or Mediator

2005-136

Information Relating to the Representation of a Client: Lawyers Wrongful Termination Claim

2005-137

Unauthorized Practice of Law:
Joint Venture to Produce Interactive Legal Information System

2005-138

Prospective Clients: Legal Aid Service Referrals to Private Lawyers

2005-139

Prejudice to Administration of Justice:
Prosecutor's Threat to Charge More Serious Offense

2005-140

Lawyer Self-Interest Conflict: Sexual Relations with Client

2005-141

Information Relating to the Representation of a Client: Recycling of Documents

2005-142

Communicating with Represented Persons: Criminal Witnesses

2005-143

Communicating with Jurors After Trial

2005-144

Communicating with Represented Persons: Obtaining Public Records from a Represented Public Body [revised 2007]

2005-145

Trust Accounts: "Cushions" to Avoid Overdrafts

2005-146

Conflicts of Interest, Current Clients: Long-Term Docket Obligations

2005-147

Communicating with Represented Persons:
Direct Communication Between Represented Parties

2005-148

Conflicts of Interest, Former Clients:
Representating One Spouse in Dissolution After Joint Estate Planning

2005-149

Trust Accounts: Replenishing Account When Fees Are Disputed

2005-150

Competence and Diligence: Inadvertent Disclosure of Privileged Information

2005-151

Fee Agreements: Fixed Fees

2005-152

Communicating with Represented Persons: Current and Former Employees of State Agency

2005-153

Information About Legal Services: Insurer-Employed Lawyers' Firm Name

2005-154

Contacting Adverse Expert Witness in a Workers' Compensation Proceeding

2005-155

Conflicts of Interest: Multiple "Of Counsel" Relationships

2005-156

Illegal Conduct: Electronic Recording of Conversations

2005-157

Information Relating to the Representation of a Client:
Submission of Bills to Insurer's Third-Party Audit Service

2005-158 Conflicts of Interest, Current Clients: Representing Driver and Passengers in Personal Injury/Property Damage Claims
2005-159 Competence and Diligence: Requesting a Guardian ad Litem in a Juvenile Dependency Case
2005-160 Conflicts of Interest: Former State Public Defender in Private Practice
2005-161 Competence and Diligence:
Agency Investigator's Contact with Represented Persons
2005-162 Competence and Diligence/Neglect of a Matter: Public Employee Lawyer Strike
2005-163 Communicating with Unrepresented Persons:
Defense Lawyer Suggesting Civil Compromise
2005-164 Communicating with Represented Persons:
Contact Through Web Sites and the Internet
2005-165 Fee Agreements: Indemnification Against Claims by Nonclients
2005-166Competence and Diligence: Compliance with Insurance Defense Guidelines
2005-167Lawyer as Mediator: Attempted Fraud by One Party
2005-168 Lawyer-Owned Lawyer Referral Service
2005-169 Information About Legal Services: Firm Names-Retired Partner Mediator
2005-170 Fraudulent or Dishonest Conduct: Billing Multiple Clients for Simultaneous Service
2005-171 Fee Agreements:
Interim Payment to Lawyer Before Probate Completed
2005-172 Trust Accounts: Accepting Credit Card Retainer Payments
2005-173 Dishonesty and Misrepresentation: Participation in Covert Investigations
2005-174 Conflicts of Interest, Former Clients:
Vicarious Disqualification in Public Defender Organizations
2005-175 Information About Legal Services: Lawyer Membership in Business Referral Clubs
2006-176 Conflicts of Interest:
Lawyer Functioning in Multiple Roles in Client's Real Estate Transaction
2007-177 Issue Conflicts
2007-178 Competence and Diligence:
Excessive Workloads of Indigent Defense Providers
2007-179 Trial Publicity
2007-180 Internet Advertising: Payment of Referral Fees
2009-181 Government Lawyer Employment Negotiations

return to top
go to Ethics search page