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    ABA Formal Ethics Opinions Archive by Issue Dates

    Latest Ethics Opinions

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    For an additional resource, links to the Model Rules referenced in ABA ethics opinions can be found here.

    All Ethic Opinions:

    2023

    2022

    2021

    2020

    • Formal Opinion 495
      December 16, 2020
      Lawyers Working Remotely
    • Formal Opinion 494
      July 29, 2020
      Conflicts Arising Out of a Lawyer’s Personal Relationship with Opposing Counsel
    • Formal Opinion 493
      July 15, 2020
      Model Rule 8.4(g): Purpose, Scope, and Application
    • Formal Opinion 492
      June 9, 2020
      Obligations to Prospective Clients: Confidentiality, Conflicts and “Significantly Harmful” Information
    • Formal Opinion 491
      April 29, 2020
      Obligations Under Rule 1.2(d) to Avoid Counseling or Assisting in a Crime or Fraud in Non-Litigation Settings
    • Formal Opinion 490
      March 24, 2020
      Ethical Obligations of Judges in Collecting Legal Financial Obligations and Other Debts

    2019

    • Formal Opinion 489
      December 4, 2019
      Obligations Related to Notice When Lawyers Change Firms
    • Formal Opinion 488
      September 5, 2019
      Judges' Social or Close Personal Relationship with Lawyers or Parties as Grounds for Disqualifications or Disclosure
    • Formal Opinion 487
      June 18, 2019
      Fee Division with Client's Prior Counsel
    • Formal Opinion 486
      May 9, 2019
      Obligations of Prosecutors in Negotiating Plea Bargains for Misdemeanor Offenses
    • Formal Opinion 485
      February 14, 2019
      Performing Same-Sex Marriages

    2018

    • Formal Opinion 484
      November 27, 2018
      A Lawyer's Obligations When Clients Use Companies or Brokers to Finance the Lawyer's Fee
    • Formal Opinion 483
      October 17, 2018
      Lawyers' Obligations After an Electronic Data Breach or Cyberattack
    • Formal Opinion 482
      September 19, 2018
      Ethical Obligations Related to Disasters
    • Formal Opinion 481
      April 17, 2018
      A Lawyer’s Duty to Inform a Current or Former Client of the Lawyer’s Material Error
    • Formal Opinion 480
      March 6, 2018
      Confidentiality Obligations for Lawyer Blogging and Other Public Commentary

    2017

    • Formal Opinion 479
      December 15, 2017
      The “Generally Known” Exception to Former-Client Confidentiality
    • Formal Opinion 478
      December 8, 2017
      Independent Factual Research by Judges Via the Internet

    2016

    • Formal Opinion 476
      December 19, 2016
      Confidentiality Issues when Moving to Withdraw for Nonpayment of Fees in Civil Litigation
    • Formal Opinion 475
      December 7, 2016
      Safeguarding Fees That Are Subject to Division With Other Counsel
    • Formal Opinion 473
      February 17, 2016
      Obligations Upon Receiving a Subpoena or Other Compulsory Process for Client Documents or Information

    2015

    • Formal Opinion 472
      November 30, 2015
      Communication with Person Receiving Limited-Scope Legal Services
    • Formal Opinion 471
      July 1, 2015
      Ethical Obligations of Lawyer to Surrender Papers and Property to which Former Client is Entitled

    2014

    • Formal Opinion 467
      September 8, 2014
      Managerial and Supervisory Obligations of Prosecutors
      Under Rules 5.1 and 5.3

    2013

    • Formal Opinion 465
      October 21, 2013
      Lawyers’ Use of deal-of-the-Day Marketing Programs
    • Formal Opinion 464
      August 19, 2013
      Division of Legal Fees With Other Lawyers Who May Lawfully Share Fees With Nonlawyers
    • Formal Opinion 463
      May 23, 2013
      Client Due Diligence, Money Laundering, and Terrorist Financing
      • (ABA Urges State and Local Bar Members to Follow New ABA Ethics Opinion and Voluntary Lawyer Guidance to Fight Money Laundering (More)

    2011

    • Formal Opinion 11-461
      August 4, 2011
      Advising Clients Regarding Direct Contacts with Represented Persons
    • Formal Opinion 11-460
      August 4, 2011
      Duty when Lawyer Receives Copies of a Third Party’s E-mail Communications with Counsel
    • Formal Opinion 11-459
      August 4, 2011
      Duty to Protect the Confidentiality of E-mail Communications with One’s Client

    2010

    • Formal Opinion 10-456
      July 14, 2010
      Disclosure of Information to Prosecutor When Lawyer's Former Client Brings Ineffective Assistance of Counsel Claim

    2009

    • Formal Opinion 09-455
      October 8, 2009
      Disclosure of Conflicts Information When Lawyers Move Between Law Firms
    • Formal Opinion 09-454
      July 8, 2009
      Prosecutor’s Duty to Disclose Evidence and Information Favorable to the Defense

    2008

    • Formal Opinion 08-452
      October 17, 2008
      Judges Soliciting Contributions for “Therapeutic” or “Problem-solving” Courts
    • Formal Opinion 08-451
      August 5, 2008
      Lawyer’s Obligations When Outsourcing Legal and Nonlegal Support Services
    • Formal Opinion 08-450
      April 9, 2008
      Confidentiality When Lawyer Represents Multiple Clients in the Same or Related Matters

    2007

    • Formal Opinion 07-449
      August 9, 2007
      Lawyer Concurrently Representing Judge and Litigant Before the Judge in Unrelated Matters
    • Formal Opinion 07-448
      October 20, 2007
      Appointed Counsel's Relationship to a Person Who Declines to be Represented
    • Formal Opinion 07-445
      April 11, 2007
      Contact by Counsel with Putative Members of Class Prior to Class Certification

    2006

    • Formal Opinion 06-444
      September 13, 2006
      Permissibility Of Restrictive Covenants In Lawyer Agreements Concerning Benefits Upon Retirement
    • Formal Opinion 06-443
      August 5, 2006
      Contact With Inside Counsel of an Organization Regarding a Matter When the Organization is Represented in the Matter by Outside Counsel
    • Formal Opinion 06-441
      May 13, 2006
      Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants When Excessive Caseloads Interfere With Competent and Diligent Representation (a service to the public defender community).
    • Formal Opinion 06-440
      May 13, 2006
      Unsolicited Receipt of Privileged or Confidential Materials: Withdrawal of Formal Opinion 94-382 (July 5, 1994)
    • Formal Opinion 06-439
      April 12, 2006
      Lawyer’s Obligation of Truthfulness When Representing a Client in Negotiation: Application to Caucused Mediation
    • Formal Opinion 06-438
      February 10, 2006
      Lawyer Proposing to Make or Accept an Aggregate Settlement or Aggregated Agreement

    2005

    • Formal Opinion 05-437
      October 1, 2005
      Inadvertent Disclosure of Confidential Materials:
      Withdrawal of Formal Opinion 92-368 (November 10, 1992)
    • Formal Opinion 05-436
      May 11, 2005
      Informed Consent to Future Conflicts of Interest;
      Withdrawal of Formal Opinion 93-372

    2004

    • Formal Opinion 05-435
      December 8, 2004
      Ethical Obligations of a Lawyer Who Represents a Liability Insurer Named in Litigation Who Simultaneously Represents a Client Against an Insured of the Liability Insurer
    • Formal Opinion 05-434
      December 8, 2004
      Lawyer Retained by Testator to Disinherit Beneficiary that Lawyer Represents on Unrelated Matters
    • Formal Opinion 04-433
      August 25, 2004
      Obligation of a Lawyer to Report Professional Misconduct by a Lawyer Not Engaged in the Practice of Law

    2003

    • Formal Opinion 03-431
      August 8, 2003
      Lawyer's Duty to Report Rule Violations by Another Lawyer Who May Suffer from Disability or Impairment
    • Formal Opinion 03-430
      July 9, 2003
      Propriety of Insurance Staff Counsel Representing the Insurance Company and Its Insureds; Permissible Names for an Association of Insurance Staff Counsel

    2002

    • Formal Opinion 02-428
      August 9, 2002
      Drafting Will on Recommendation of Potential Beneficiary Who Also is Client
    • Formal Opinion 02-427
      May 31, 2002
      Contractual Security Interest Obtained by a Lawyer to Secure Payment of a Fee
    • Formal Opinion 02-425
      February 20, 2002
      Retainer Agreement Requiring the Arbitration of Fee Disputes and Malpractice Claims

    2001

    • Formal Opinion 01-424
      September 22, 2001
      A Former In-House Lawyer May Pursue a Wrongful Discharge Claim Against Her Former Employer and Client As Long As Client Information Properly Is Protected
    • Formal Opinion 01-422
      June 24, 2001
      Electronic Recordings by Lawyers Without the Knowledge of All Participants
    • Formal Opinion 01-421
      February 16, 2001
      Ethical Obligations of a Lawyer Working Under Insurance Company Guidelines and Other Restrictions

    2000

    • Formal Opinion 00-419 - (in its entirety)
      July 7, 2000
      Use of Credit Cards for Payment of Legal Fees;
      Withdrawal of Formal Opinions 320 (1968) and 338 (1974) and Informal Opinions 1120 (1969) and 1176 (1971)
    • Formal Opinion 00-418
      July 7, 2000
      Acquiring Ownership in a Client in Connection with Performing Legal Services

    1999

    • Formal Opinion 99-415
      September 8, 1999
      Representation Adverse to Organization by Former In-House Lawyer

    1998

    • Formal Opinion 98-412
      September 9, 1998
      Disclosure Obligations of a Lawyer Who Discovers That Her Client Has Violated a Court Order During Litigation 

    1997

    • Formal Opinion 97-409
      August 2, 1997
      Conflicts of Interest:
      Successive Government and Private Employment

    1996

    • Formal Opinion 96-403
      August 2, 1996
      Obligations of a Lawyer Representing an Insured Who Objects to a Proposed Settlement within Policy Limits
    • Formal Opinion 96-399
      January 18, 1996
      Ethical Obligations of Lawyers Whose Employers Receive Funds from the Legal Services Corporation to their Existing and Future Clients when Such Funding is Reduced and when Remaining Funding is Subject to Restrictive Conditions

    1995

    • Formal Opinion 95-395
      July 24, 1995
      Obligations of a Lawyer who Formerly Represented a Client in Connection with a Joint Defense Consortium
    • Formal Opinion 95-394
      July 24, 1995
      Settlement Agreement Restricting Lawyer's Right to Undertake Other Representations Against a Government Agency

    1994

    • Formal Opinion 94-387
      September 26, 1994
      Disclosure to Opposing Party and Court That Stature of Limitations Has Run
    • Formal Opinion 94-386
      August 6, 1994
      Citing of Unpublished Opinions Revised October 15, 1995 Where Court Rules Prohibit Such Usage
    • Formal Opinion 94-384
      July 5, 1994
      Withdrawal by Lawyer Against Whom Opposing Counsel has Filed a Disciplinary Complaint

    1993

    • Formal Opinion 93-376
      August 6, 1993
      The Lawyer's Obligation Where a Client Lies in Response to Discovery Requests
    • Formal Opinion 93-375
      August 6, 1993
      The Lawyer's Obligation to Disclose Information Adverse to the Client in the Context of Bank Examination
    • Formal Opinion 93-374
      June 7, 1993
      Sharing of Court-Awarded Fees with Sponsoring Pro Bono Organizations
    • Formal Opinion 93-373
      April 16, 1993
      Contingent Fees in Civil Cases Based on the Amount of Money Saved for the Client

    1992

    • Formal Opinion 92-369
      December 7, 1992
      Disposition of Deceased Sole Practitioners' Client Files and Property
    • Formal Opinion 92-367
      October 16, 1992
      Lawyer Examining a Client as an Adverse Witness, Or Conducting Third Party Discovery of the Client
    • Formal Opinion 92-366
      August 8, 1992
      Withdrawal When a Lawyer's Services Will Otherwise be Used to Perpetrate a Fraud

    1991

    • Formal Opinion 91-360
      July 11, 1991
      Prohibition of Partnerships With Nonlawyers: Extrajurisdictional Effect

    1990

    • Formal Opinion 90-357
      May 10, 1990
      Use of Designation "Of Counsel"; Withdrawal of Formal Opinion 330 (1972) and Informal Opinions 678 (1963), 710 (1964), 1134 (1969), 1173 (1971), 1189 (1971) and 1246 (1972)

    1988

    1987

    • Formal Opinion 87-355
      December 14, 1987
      Lawyer's Participation in For-Profit Prepaid Legal Service Plan

    1985

    1984

    • Formal Opinion 84-351
      October 20, 1984
      Letterhead Designation of 'Affiliated' or 'Associated' Law Firms
    • Formal Opinion 84-350
      May 7, 1984
      Communications With Adverse Parties; Withdrawal of Formal Opinion 75 (1932) and Informal Opinions C-426 (1961), 524 (1962), 1140 (1970) and 1255 (1972)
    • Formal Opinion 84-349
      May 7, 1984
      Lawyer Confidentiality; Withdrawal of Formal Opinions 155 (1936) and 156 (1936)