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ABA Formal Ethics Opinions Archive by Subject

Latest Ethics Opinions

Advertising

  • Ethical Obligations Related to Disasters, Formal Opinion 482
  • Lawyers May use Groupon, with Certain Caveats, Formal Opinion 465
  • Lawyer websites require compliance with ethics rules on information about legal services and care as to truthfulness of information given, Formal Opinion 10-457

Advice to client

Arbitration and Mediation

Assisting the Unauthorized Practice of Law

  • Prosecutor may not furnish letterhead to collection agency for use in seeking payment where no prosecutor reviews facts of situation,Formal Opinion 469

Attorney-client privilege see Confidentiality

  • Waiver of privilege does not allow disclosure of confidential information outside of judicial proceeding, Formal Opinion 10-456

Bail

Billing see also Fees

Board of directors

Business transactions with client

Choice of Law

Citation of unpublished opinions

Client files

Client fraud see also Client perjury

Client funds and property

  • Lawyers’ Obligations After an Electronic Data Breach or Cyberattack, Formal Opinion 483
  • Ethical Obligations Related to Disasters, Formal Opinion 482
  • Disposition at death of sole practitioner, Formal Opinion 92-369
  • Papers and property to which the former client is entitled at the end of the representation, Formal Opinion 471
  • Duty to return client property and files, not lawyer work product, Formal Opinion 471

Client perjury

Co-counsel

Collaborative Law

Collections

  • Prosecutor may not furnish letterhead to collection agency for use in seeking payment where no prosecutor reviews facts of situation,Formal Opinion 469

Communication with adverse persons

see also Communication with corporate employees

Communication with Client

  • Lawyers’ Obligations After an Electronic Data Breach or Cyberattack, Formal Opinion 483
  • A Lawyer’s Duty to Inform a Current or Former Client of the Lawyer’s Material Error, Formal Opinion 481
  • Securing Communication of Protected Client Information, Formal Opinion 477R
  • Misconduct discovered during in-house ethics consultation must be disclosed to the client if it is related to the representation, Formal Opinion 08-453
  • Fact of In-House ethics consultation need not be communicated to client unless the results require informing the client, Formal Opinion 08-453
  • When served with Subpoena, Formal Opinion 473
  • Obligations Under Rule 1.2(d) to Avoid Counseling or Assisting in a Crime or Fraud in Non-Litigation Settings, Formal Opinion 491

Communication with corporate employees

Communication with represented persons

Communication with unrepresented parties

  • Contacting class action members before class is certified, Formal Opinion 07-445
  • Obligations Under Rule 1.2(d) to Avoid Counseling or Assisting in a Crime or Fraud in Non-Litigation Settings, Formal Opinion 491

Competence

Confidentiality see also Disclosure

Conflicts of Interest

Conflicts of Law

  • Lawyers May Divide Fees with Lawyers in the District of Columbia, Despite rule that allows District of Columbia Lawyers to Divide Legal Fees with Non-Lawyers, Formal Opinion 464

Contact with with Jurors

Contingent fees

Corporate counsel see also In-house counsel

Court-appointed lawyer

Court, obligations

Court rules

Deceased lawyers

Disabled clients

Disabled lawyers

Discharge of lawyer

Disciplinary proceedings

Disclosure

Discrimination

Disqualification

Division of Fees

Electronic Social Media

E-Mail

Estates

Expert witnesses

Fees (see also Division of fees, Arbitration and Mediation)

Fee agreements

Fees paid by third party

Financial assistance to clients

Foreign lawyers

Former clients

Former judges

Frivolous arguments

Government lawyers

Guardians and guardianships

Harassment

Imputed disqualification

Ineffective assistance of counsel

  • Disclosure of confidential information to prosecutor defending against claim not permissible, Formal Opinion 10-456

In-house counsel see also Corporate counsel

Insurance representation

Internet

Judges

  • Ethical Obligations of Judges in Collecting Legal Financial Obligations and Other Debts, Formal Opinion 490
  • Judges Performing Same Sex Marriages, Formal Opinion 485
  • Judges’ Social or Close Personal Relationships with Lawyers or Parties as Grounds for Disqualification or Disclosure, Formal Opinion 488
  • Disqualification or Disclosure, Formal Opinion 488
  • Independent Factual Research by Judges Via the Internet, Formal Opinion 478
  • Judge's obligations when evaluating possible bias or prejudice, Formal Opinion 07-449
  • Considerations for Judges' Use of Social Media, Formal Opinion 462
  • Encouraging Pro Bono representation Formal Opinion 470

Judicial disqualification

Law firms

Lawyer-client relationship

Lawyer representing lawyer

Legal Aid

Legal Malpractice

Limited liability partnerships

Litigation Financing

  • A Lawyer’s Obligations When Clients Use Companies or Brokers to Finance the Lawyer’s Fee, Formal Opinion 484

Mental illness

Misrepresentation

Multistate practice

Name of firm

Negotiations

Nonlawyers

Of counsel designation

Partnerships

Passive investment in alternative business structures

Prepaid legal services

Pro Bono

Prosecutors

  • Obligations of Prosecutors in Negotiating Plea Bargains for Misdemeanor Offenses, Formal Opinion 486
  • Confidentiality Obligations for Lawyer Blogging and Other Public Commentary, Formal Opinion 480
  • Duty to disclose exculpatory evidence , Formal Opinion 09-454
  • Prosecutor may not furnish letterhead to collection agency for use in seeking payment where no prosecutor reviews facts of situation,Formal Opinion 469
  • Supervisory duties towards office, Formal Opinion 467

Pro se representation

Prospective clients

  • Materially adverse under Rule 1.9 and 1.18, Formal Opinion 497
  • Criminal defense lawyer defending an ineffective assistance of counsel claim may not voluntarily disclose confidential information without court order, Formal Opinion 10-457
  • Duty of confidentiality, Formal Opinion 90-358
  • Obligations to Prospective Clients: Confidentiality, Conflicts and “Significantly Harmful” Information, Formal Opinion 492

Recording conversations

Remote practice

Reporting misconduct of another lawyer

Restrictions on a lawyer's practice

Retirement

Sale of Law Practice

  • Seller may assist buyer in transition of practice despite provision requiring her to cease practice; client may not be charged for the transitioning work,Formal Opinion 468

Scope of Representation

Screening

Settlements

Sex with clients

Solicitation

Supervisory Duties

Temporary lawyers

Threatening criminal prosecution or disciplinary action

Virtual practice

Wills

Withdrawal from representation

Witness preparation