Ethics Opinions

Los Angeles County Bar Association Professional Responsibility and Ethics Committee

Please note:   We are in the process of compiling additional archived Ethics Opinions and will be including them on our website.   In the meantime, if you're looking for an opinion that is not posted below, please contact our Member Services Department at (213) 896-6560 or MSD@lacba.org.

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. If you have an ethical question that you would like the committee to consider, mail your written inquiry to: Los Angeles County Bar Association, Professional Responsibility and Ethics Committee, P.O. Box 55020, Los Angeles, CA 90055-2020 or email your inquiry marked “Confidential” to msd@lacba.org.

#530

It is not misleading to the public, and therefore is not a violation of the Rules of Professional Conduct, Rule 1-400, for a law corporation or limited liability partnership to use a firm name that includes the name of a lawyer who is no longer a shareholder or partner, but who remains employed at the firm.

#529

Every lawyer must act competently to protect confidential client information against inadvertent or other unauthorized disclosure. While lawyers always should be cautious about disclosing any information related to a client, on-line communications present particular risks. One example of such a risk arises when someone attempts to elicit information from a lawyer via social media pretexting. A lawyer’s unguarded disclosure of client information might result in violations of the duties of competence and confidentiality and might cause the loss of the lawyer-client privilege and work product protection. August 2017

#528

When an attorney engaged by an insurance carrier to defend the interests of an insured obtains information that could provide a basis for the insurance carrier to deny coverage, the attorney is ethically prohibited from disclosing that information to the insurance carrier. In such a situation, the attorney must withdraw from the representation.
April 2017

#527

Legal Advice and Assistance to Clients Who Propose to Engage or Are Engaged in the Cultivation, Distribution or Consumption of Marijuana
August 2015

#526
Contingency Lawyer's Right to Negotiate a Fee Agreement that Gives First Proceeds to the Lawyer and Shifts to the Client the Risk of Nonpayment
February 2015

#525
Ethical Duties of Lawyers in Connection with Adverse Comments Published by a Former Client December 2012

#524
What are the Ethical Responsibilities of an Attorney With Regard to the Hiring of Nonlawyer Employees Who May Be in Possession of Confidential Information?
May 2011

#523
Can a Lawyer Ethically Agree with a Client to a Contingency Fee Which is Based on a Percentage of the Combined Amount of Damages and Any Statutory Fees Awarded?
June 2009

#522
Whether a Lawyer for Corporate Entity Engaged in Debt Collection Aids and Abets the Unauthorized Practice of Law or Violates the Rules of Professional Conduct for Failure to Supervise Employees, and Seeking Attorneys' Fee Awards Based upon the Legal Work of the Entity's Unlicensed Employees
June 2009

#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
Revised July 21, 2014

#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 Listserve 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
February 2004

#511
Sharing in Fees as Partner or Employee of Two Law Firms
December 2003

#510
Fee Sharing Between Financial Planning Company and Lawyer Employee Rendering Legal Services to Customers
December 2003

#509
Attorney Office Files - Release of Client Psychiatric Records to Former Client
June 17, 2002

#508
Insurance Coverage — Contacting a Defendant's Insurer
February 25, 2002

#507
Accepting Percentage of Prospective Profits as Attorney Fees for Preparing and Prosecuting Patent Application
October 15, 2001

#506
Initial Client Interview - Duty of Confidentiality
January 2, 2001

#505
Engagement Agreement Restrictions on Client Settlement Authority
August 15, 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 15, 2000

#503
Prepaying Referral Fees on Workers' Compensation Cases
January 24, 2000

#502
Lawyers' Duties When Preparing Pleadings or Negotiating Settlement for In Pro Per Litigant
November 4, 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 17, 1999

#500
Financing Legal Expenses of Another's Lawsuit
May 10, 1999

#499
Charging Interest on Costs Advanced on Behalf of a Client
March 9, 1999

#498
Disclosure of Client Misrepresentation in a Fee Dispute
March 8, 1999

#497
Consulting with a Client During a Deposition
March 8, 1999

#496
Liens on Recovery in Unrelated Case
November 16, 1998

#495
Attorney Payment of Reasonably Incurred Litigation Expenses for which Client Refuses to Pay November 16, 1998

#494
Communications and Solicitations: Cold Calling for Legal Seminar and Mailing of Newsletter
October 1998

#493
Disputes Between Former Clients Over Transfer of Original Client Files
September 14, 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 26, 1998

#491
Attorney Office Files-Destruction When Client Deceased.
October 20, 1997

#490
Ex Parte Communications To Party Directed In Care Of Attorney; Ex Parte Communication With Adverse Witnesses
May 1, 1997

#489
A lawyer may not include in a retainer agreement language which limits a client's right to recover punitive or non economic damages in a malpractice action against the lawyer. A lawyer may not require the client to retain the lawyer in a Third Party action as a condition to recovering damages against the lawyer arising out of the Third Party claim.
April 28, 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
Revised November 21, 1994

#478
Medical Liens - Disbursement of Client Funds
July 18, 1994

#477
Conflicts of Interest - Dual Profession
June 1994

#476
Attorney/Client Scope of Representation - Conflicts of Interest Where Fee Dispute Has Arisen
April 1994

#475
Client Papers - Duty to Retain or Return
January 1994

#474
Unethical Use of Private Investigator to Solicit Clients
September 1993

#473
Attorney and Client - Representation of Client by Additional Attorneys - Division of Fees
January 1993

#472
Contact with Represented Persons (Business Organization Principals
January 1993

#471
Conflicts of Interest - Informed Consent
December 1992

#470
Payment of Year-End Bonus To an "Of Counsel" Attorney
November 1992

#469
Advocacy and Representation - Threatening Criminal, Administrative or Disciplinary Charges
June 1992

#468
Restrictions on Practice of Law - Conflicts of Interest (Settlement Agreement Conditions Regarding Attorney Representation or Attorney Conflict of Interest Claim)
March 1992

#467
Client Consent to Referral Fee
February 1992

#466
Attorney and Client - Disclosure of Evidence of Crime Received from Client
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)
April 1991

#464
Conflicts of Interest - Insurer and Insured - Cumis Counsel - Ethical Duty of Lawyer to Follow Insured's Instructions in Conduct of Litigation
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) December 1990

#462
Preparation of a Will in Which the Attorney Acquires an Interest
November 1990

#461
Division of Fees with a Non-Lawyer - Representing Clients with Conflicting Interests (Property Management Firm and Its Clients)
September 1990

#460
Restrictive Retirement Payments
August 1990

#459
Adverse and Conflicting Interests (Juvenile Dependency Proceeding)
May 1990

#458
Contingency Fee Contract - Client's Knowledgeable Consent - Insurance Recovery
January 1990

#457
Compensation of Non-Attorney Staff Based on Work Quality
November 1989

#456
Confidential Communications (Information in Lawyer's Bills)
August 1989

#455
Purchase of Property at a Foreclosure/Judicial Sale
August 1989

#454
Ethical Responsibilities to Third Parties in Handling Trust Accounts
January 1988

#453
Representation of Criminal Defendant by Member of Firm Acting as City Prosecutor
January 1989

#452
Confidential Information - Disclosure in Bankruptcy Process by Former Counsel of Debtor Who is Trying to Collect Fee
November 1988

#451
Publication of Legal Article by Lawyer Related to a Client's Case

#450
Action Against Present or Former Client. It is improper for an attorney to bring an action for appointment of conservator for a present or former client, within the scope of the representation of the client, even where the attorney believes that a conservatorship is in the client's best interest. May 16, 1988

#445
Attorney's Fees: Settlements Restricting Fees in Civil Rights and Civil Liberties Cases
September 1987

#424
Duty of Loyalty - Conflict of Interest - Insured and Insurance Company
January 1984

#417
Confidential Communication - Client Receipt of Funds to Which It May Not be Entitled
June 1983

#386
Attorney and Client - Disclosure of Client Perjury
November 1980

#358
Disclosure of Financial Information Regarding Client Eligibility by Legal Aid Attorney to Board of Directors
July 21, 1976

#353
Confidential Communications (Illegal Issuance of Securities)
February 12, 1976

#276
Adverse and Conflicting Interests
February 21, 1963

#275
Contingent Fees
January 31, 1963

#274
Confidential Communications - Files
October 25, 1962

#268
Advertising
February 16, 1960

#267
Confidential Communications
January 26, 1960

#264
Confidential Communications (preventing a crime)(
July 30, 1959