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    Index by Subject

    Formal Ethics Opinions Archive by Subject

    The most recent opinions issued within the past year are available complimentary.

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    • 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

    Citation of unpublished opinions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

    • Communication with clients when leaving a firm Formal Opinion 490 see also,  Formal Opinion 99-414
    • 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
    • Obligations Under Rule 1.2(d) to Avoid Counseling or Assisting in a Crime or Fraud in Non-Litigation Settings, Formal Opinion 491
    • When served with Subpoena, Formal Opinion 473

    Communication with corporate employees

    Communication with represented persons

    Communication with unrepresented parties

    Competence

    • Criminal defense, Formal Opinion 06-441
    • Ethical Obligations Related to Disasters, Formal Opinion 482
    • Lawyers’ Obligations After an Electronic Data Breach or Cyberattack, Formal Opinion 483
    • Obligations Under Rule 1.2(d) to Avoid Counseling or Assisting in a Crime or Fraud in Non-Litigation Settings, Formal Opinion 491
    • Securing Communication of Protected Client Information, Formal Opinion 477R

    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

    • A Lawyer’s Duty to Inform a Current or Former Client of the Lawyer’s Material Error, Formal Opinion 481
    • Confidentiality Obligations for Lawyer Blogging and Other Public Commentary, Formal Opinion 480
    • Securing Communication of Protected Client Information, Formal Opinion 477R
    • Adverse information during bank examination, Formal Opinion 93-375
    • Confidentiality Issues when Moving to Withdraw for Nonpayment of Fees in Civil Litigation, Formal Opinion 476
    • Court order, Transfer of asset to avoid judgment, Formal Opinion 98-412
    • Death of client, Formal Opinion 95-397
    • Disabled clients, disclosing condition to client's physician, Formal Opinion 96-404
    • Disclosure of confidential information for in-house ethics consultation is impliedly authorized, Formal Opinion 08-453
    • Disclosure of potential misconduct by firm lawyer discovered during in-house ethics consultation to firm management is mandated by rule on representing organization, Formal Opinion 08-453
    • Self-defense exception not applicable to allow disclosure outside of judicial proceeding regarding  ineffective assistance of counsel claim, Formal Opinion 10-456
    • Lawyer changing firms may disclose confidential information to check for potential conflicts of interest, Formal Opinion 09-455
    • Lawyer responding to on-line criticism, Formal Opinion 496
    • Lawyer's Responsibility with Relation to Client Perjury, Formal Opinion 87-353
    • Metadata, Formal Opinion 06-442
    • Obligations to Prospective Clients: Confidentiality, Conflicts and “Significantly Harmful” Information, Formal Opinion 492
    • Settlement negotiations, Formal Opinion 93-370
    • Statute of limitations, Formal Opinion 94-387
    • Subpoenas, Formal Opinion 473
    • Unsolicited Receipt of Privileged or Confidential Materials, Formal Opinion 06-440

    Discrimination

    • Discrimination and harassment prohibited, Formal Opinion 493

    Disqualification

    Division of Fees

    • In-house counsel sharing fee award with for-profit corporate employer, Formal Opinion 95-392
    • 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
    • Prepaid legal services, Formal Opinion 87-355
    • Pro bono organizations, sharing court-awarded fees with, Formal Opinion 93-374
    • Referral Fees and Conflict of Interest, Formal Opinion 474
    • Safeguarding Fees That Are Subject to Division With Other Counsel, Formal Opinion 475
    • Temporary lawyer placement agencies, Formal Opinion 88-356

    Electronic Social Media

    • Considerations for Judges' Use of Social Media, Formal Opinion 462
    • Lawyer responding to on-line criticism, Formal Opinion 496
    • Permissible Information gathering about Jurors Using Social Media, Formal Opinion 466

    E-Mail

    Estates

    Expert witnesses

    Fees see also Division of fees, Arbitration and Mediation

    • Confidentiality Issues when Moving to Withdraw for Nonpayment of Fees in Civil Litigation, Formal Opinion 476
    • Contract lawyers, surcharge to client for use, Formal Opinion 00-420
    • Contractual security interest, Formal Opinion 02-427
    • Corporate representation, ownership interest as compensation, Formal Opinion 00-418
    • Court-awarded, sharing, Formal Opinion 93-374
    • Referral Fees and Conflict of Interest, Formal Opinion 474
    • Safeguarding Fees That Are Subject to Division With Other Counsel, Formal Opinion 475
    • 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
    • Stock in client corporation as fee, Formal Opinion 00-418
    • Use of Credit Cards for Payment of Legal Fees, Formal Opinion 00-419

    Fee agreements

    Fees paid by third party

    Financial assistance to clients

    Foreign lawyers

    Former clients

    • 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
    • Generally Known Exception to Former-Client Confidentiality, Formal Opinion 479

    Former judges

    Frivolous arguments

    Government lawyers

    Guardians and guardianships

    Harassment

    • Discrimination and harassment prohibited, Formal Opinion 493

    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

    • Lawyers’ Obligations After an Electronic Data Breach or Cyberattack, Formal Opinion 483
    • Confidentiality Obligations for Lawyer Blogging and Other Public Commentary, Formal Opinion 480
    • Independent Factual Research by Judges Via the Internet, Formal Opinion 478
    • Securing Communication of Protected Client Information, Formal Opinion 477R
    • Permissible Information gathering about Jurors Using Social Media, Formal Opinion 466

    Judges

    • Ethical Obligations of Judges in Collecting Legal Financial Obligations and Other Debts, Formal Opinion 490
    • 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 11-462
    • Encouraging Pro Bono representation Formal Opinion 470

    Judicial disqualification

    Law firms

    Lawyer-client relationship

    Lawyer representing lawyer

    Legal Aid

    Legal Malpractice

    Limited liability partnerships

    Mental illness

    Misrepresentation

    Multistate practice

    • Ethical Obligations Related to Disasters, Formal Opinion 482
    • Relationships among law firms, Formal Opinion 94-388

    Name of firm

    Negotiations

    Nonlawyers

    Of counsel designation

    Partnerships

    Prepaid legal services

    Pro Bono

    Prosecutors

    • 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

    • 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

    • Lawyers Working Remotely, Formal Opinion 495

    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

    Supervisory Duties

    • Lawyers’ Obligations After an Electronic Data Breach or Cyberattack, Formal Opinion 483
    • Securing Communication of Protected Client Information, Formal Opinion 477R
    • Prosecutors:  Prosecutors with managerial authority must adopt policies to ensure compliance with rules; prosecutors with supervisory authority must ensure compliance with rules, Formal Opinion 467

    Temporary lawyers

    Threatening criminal prosecution or disciplinary action

    Wills

    Withdrawal from representation

    • Client fraud, Formal Opinion 92-366
    • Confidentiality Issues when Moving to Withdraw for Nonpayment of Fees in Civil Litigation, Formal Opinion 476
    • Disabled client, Formal Opinion 96-404
    • Disciplinary complaint filed against lawyer by opposing counsel, Formal Opinion 94-384
    • Duty with regard to client files, Formal Opinion 471
    • Indigent criminal defense workload unmanageable, Formal Opinion 06-441
    • Obligations Under Rule 1.2(d) to Avoid Counseling or Assisting in a Crime or Fraud in Non-Litigation Settings, Formal Opinion 491