Los Angeles County Bar Assocations
HOME MEMBERSHIP CALENDAR JUDICIAL COUNCIL FORMS SEARCHABLE CIVIL REGISTER KNOW YOUR JUDGES DAILY EBRIEFS LA LAWYER SECTIONS
    Practice Tools
    Resources
    Practice Areas
    CLE
    Links
    Publications
    Sections
    Barristers
    List Services
    Career Resources
    Volunteer Opportunities
    Lawyer Referral
    Dispute Resolution Services
    For the Public
    Foundation
    Contact Us
    About Us

 

Ethics Opinions


 

Los Angeles County Bar Association
Professional Responsibility and Ethics Committee

More Information about the Committee


New! Archived Ethics Opinions (PDF format.) These opinions pre-date the opinions shown on this page.  Copies of one or more of the archived opinions may be obtained, free of charge to members, by telephoning the Member Service Department at (213) 896-6560.

Ethics Opinions by Jurisdiction


#521 Does a Lawyer or Law Firm Have an Ethical Conflict of Interest When a Fee Dispute Arises with a Client During the Representation? May 2007
#520 Duty to Inform Adverse Party Regarding Erroneous Settlement Payment June 2007
#519 Whether There Is a Self-Defense Exception To an Attorney’s Duty To Protect and Preserve Confidential Client Information In Order To Permit the Attorney To Defend Against Third Party Claims February 2007

#518

Ethical Considerations in Outsourcing of Legal Services  June 2006

#517

Indemnification of Client's Litigation Costs
April 2006

#516

Ethical Considerations Relating to an Attorney who Concurrently Serves in an Of Counsel Relationship with a Law Firm and Maintains a Separate Solo Practice
March 2006

#515

Ethical Issues Arising From Agreements Between Attorney and Client to Split an Award of Statutory Attorney's Fees
August 2005

#514

Ethical Issues Involving Lawyer and Judicial Participation in listserv Communications
August 2005

#513

Cross-Examination of Former Client as Expert Witness
July 2005

#512

Confidentiality Of Fact and Amount of Settlement in Settlement Agreement (PDF format)
Feb 2004

#511

Sharing in Fees as Partner or Employee of Two Law Firms (PDF format)
Dec 2003

#510

Fee Sharing Between Financial Planning Company and Lawyer Employee Rendering Legal Services to Customers
Dec 2003

#509

Attorney Office Files- Release of Client Psychiatric Records to Former Client 
June 2002

#508

Insurance Coverage Contacting a Defendant's Insurer (4 pgs)
February 2002

#507

Accepting Percentage of Prospective Profits as Attorney Fees for Preparing and Prosecuting Patent Application
October 2001

#506 

Initial Client Interview - Duty of Confidentiality
January 2001 

#505 

Engagement Agreement Restrictions On Client Settlement Authority
August 2000 

#504 

An Attorney's Duty To Follow A Client's Explicit Instruction Not To Disclose Confidential Information In The Context Of A Minor Client's Disclosure Of On-Going Sexual Abuse In Dependency Proceedings
May 2000 

#503 

Prepaying Referral Fees on Workers' Compensation Cases
January 2000 

#502 

Lawyers' Duties When Preparing Pleadings Or Negotiating Settlement For In Pro Per Litigant
November 1999 

#501 

Conflicts Of Interest - Changing Law Firms - Conflicts That Follow A Lawyer From One Firm To Another - Circumstances Under Which Conflicts May Be Imputed To Others At A New Law Firm
May 1999 

#500 

Financing Legal Expenses Of Another's Lawsuit
May 1999 

#499 

Charging Interest on Costs Advanced on Behalf of a Client
March 1999 

#498 

Disclosure of Client Misrepresentation in a Fee Dispute
March 1999 

#497

Consulting With a Client During a Deposition
March 1999 

#496 

Liens On Recovery In Unrelated Case 
November 1998

#495 

Attorney Payment Of Reasonably Incurred Litigation Expenses For Which Client Refuses To Pay 
November 1998

#494 

Communications and Solicitations: Cold Calling For Legal Seminar and Mailing of Newsletter (PDF format)
October 1998

#493 

Disputes between former clients over transfer of original client files
September 1998

#492

Attorneys must comply with Rule 3-300 of the California Rules of Professional Conduct when accepting a security interest in real property to ensure payment of fees by a client whenever the attorney knows the client has any interest in the property
January 1998

#491 

Attorney Office Files -- Destruction When Client Deceased
October 1997

#490 

Ex Parte Communications To Party Directed In Care of Attorney; Ex Parte Communication With Adverse Witnesses
May 1997

#489 

Language In Retainer Agreement May Not Restrain Client's Remedies For Legal Malpractice 
April 1997

#488 

Use of Law Office Management Services
June 1996

#487 

Ex Parte Contact with Represented Individual
February 1996

#486 

Referral Fees
November 1995

#485 

Client Trust Accounts
October 1995

#484 

Commingling of Client Trust Account Funds
October 1995

#483 

Limited Representation of In Pro Per Litigants
March 1995

#482 

Representations Made to Opposing Counsel and the Court-Expert Witness
March 1995

#481 

Ethical Duties to Opt-Out Members of a Class
March 1995

#480

Restriction on Lawyer Competition
March 1995

#479 

Duty to Inform Client of Fees
November 1994

#478 

Medical Liens
 (PDF format) July 1994

#477 

Conflicts of Interest Where Dual Profession
 (PDF format) June 1994

#476 

Attorney/Client Scope of Representation - Conflicts of Interest Where Fee Dispute Has Arisen  (PDF format) April 1994

#475

Client Papers - Duty to Retain or Return (PDF format)

#474

Unethical Use of Private Investigator to Solicit Clients (PDF format) September 1993

#473

Attorney and Client - Representation of Client by Additional Attorneys - Division of Fees (PDF format)
January 1993

#472

Contact With Represented Persons (Business Organization Principals) (PDF format)
January 1993

#471

Conflicts of Interest - Informed Consent  (PDF format)
December 1992

#470

Payment of Year-End Bonus To an "Of Counsel" Attorney (PDF format)
November 1992

#469

Advocacy and Representation - Threatening Criminal Administrative or Disciplinary Charges (PDF format)
June 1992

#468

Restrictions on Practice of Law - Conflicts of Interest (Settlement Agreement Conditions Regarding Attorney Representation or Attorney Conflict of Interest Claim) (PDF format)
March 1992

#467

Client Consent to Referral Fee (PDF format)
February 1992

#466

Attorney and Client - Disclosure of Evidence of Crime Received From Client (PDF format)
November 1991

#465

Attorney and Client - Representation of Conflicting Interests - Confidential Communications - Informed Consent (Need Mutual Consent of Alien and Employer to Represent Employee in Permanent Resident Visa Application) (PDF format)
April 1991

#464

Conflicts of Interest - Insurer and Insured - Cumis Counsel - Ethical Duty of Lawyer to Follow Insured's Instructions in Conduct of Litigation (PDF format)
February 1991

#463

Adverse and Conflicting Interests - Confidential Information (Former Client's Consent to Disclose Material Information to Current Client With Whom She is Entering Into a Financial Arrangement) (PDF format)
December 1990

#462

Preparation of a Will in Which The Attorney Acquires an Interest (PDF format)
November 1990

#461

Division of Fees With a Non-Lawyer - Representing Clients With Conflicting Interests (Property Mgmt Firm and Its Clients) (PDF format)
September 1990

#460

Restrictive Retirement Payments (PDF format)
August 1990

#459

Adverse And Conflicting Interests (Juvenile Dependency Proceeding) (PDF format)
May 1990

#458

Contingency Fee Contract - Client's Knowledgeable Consent - Insurance Recovery (PDF format)
January 1990

#457

Compensation of Non-Attorney Staff Based on Work Quality (PDF format)
November 1989

#456

Confidential Communications (Information in Lawyer's Bills) (PDF format)
August 1989

#455

Purchase of Property at a Foreclosure/Judicial Sale (PDF format)
August 1989

#454

Ethical Responsibilities to Third Parties in Handling Trust Accounts (PDF format)
January 1988

#453

Representation of Criminal Defendant by Member of Firm Acting as City Prosecutor (PDF format)
January 1989

#452

Confidential Information - Disclosure in Bankruptcy Process by Former Counsel of Debtor Who is Trying to Collect Fee (PDF format)
November 1988

#451

Publication of Legal Article by Lawyer Related to a Client's Case (PDF format)

#424

Duty of Loyalty-Conflict of Interest-Insured and Insurance Company (PDF format)
January 1984

#417

Confidential Communication - Client Receipt of Funds to Which It May Not be Entitled (PDF format)
June 1983

#386

Ethics Opinion No. 386 (PDF format) November 1980 - Disclosure of Client Perjury

#358

Disclosure of Financial Information Regarding Client Eligibility by Legal Aid Attorney to Board of Directors  (PDF format ) July 21, 1976

#353

Confidential Communications (illegal issuance of securities) (PDF format ) February 12, 1976

#274

Confidential Communications - Files  (An attorney may not disclose confidential communications concerning improper diversion of an estate’s assets by lawyer-administrator without client’s consent; certain documents should be retained in attorney’s files.)(PDF format) October 25, 1962

#275 Contingent Fees (Opinion No. 263, dated July 9, 1959, is withdrawn. That opinion had held that it is improper for an attorney to handle the collection of past-due obligations for support and maintenance ordered in divorce case in California on a contingent basis.) (PDF format) January 31, 1963

#276

Adverse and Conflicting Interests  (A City Prosecutor employed on a part-time basis and engaged in the private practice of law may not ethically represent defendants in criminal actions arising in the Judicial District but not in the City by which he is employed.) (PDF format) February 21, 1963

#268 Advertising (It is improper for an attorney for an organization to permit the use of his picture and biography to be included in the advertisements of the organization.) February 16, 1960

#267

Confidential Communications  (Disclosure by guardian to attorney; disclosure of probably misuse of ward’s funds by guardian to attorney; attorney’s right and obligation
to report to court and related problems.) (PDF format) January 26, 1960

#264

Confidential Communications (preventing a crime)(PDF format) July 30, 1959


The Professional Responsibility and Ethics Committee will consider requests from LACBA members for formal opinions on ethics matters of general interest to the bar. The Committee does not opine on matters of law or offer opinions for the benefit of particular clients or in response to matters presently in dispute. The Committee may respond to written questions about ethical matters of general interest through a private informal letter or a published formal opinion. For information on how to submit a written inquiry to the committee to be reviewed as the possible subject of a formal opinion, call (213) 896-6407.

To obtain a faxed copy of a formal opinion published earlier than those available above, please contact the Member Service Department at (213) 896-6560 with the exact number(s) of the opinions you seek.  We do not have the resources to do any researching of opinions for you, please request opinion copies by number only (not by topic).

Return to Top

 





   LACBA Membership Benefits
Qualified Member Benefit Discount Programs
2008 LACBA Judicial Candidate Ratings: Vote June 3rd!
New Professional Liability Program with Ahern Insurance Brokerage,
click here
LACBA Group Term Life Insurance - financial protection for your loved ones.
The Legal market's most targeted career center lawjobs.com, click here.
Rainmaker Audio Programs
Discounted for LACBA members!
Click here.
Discounted Wireless Solutions for Your Practice.
Corresponding online? Secure your client’s confidence. Lawdex.
Receive 25% off purchases at the ABA bookstore, click here.
   The Student Lounge