Category: Ethics Opinions

Ethics Opinions 1218

Topic: Sharing Legal Fees with Former Associate Digest: Subject to any applicable law, a law firm may pay legal fees on particular cases to an attorney formerly affiliated with the firm and now serving in a non-judicial public office for work previously performed at the firm to the same extent that the attorney would have … Continued

Ethics Opinions 1217

Topic: Law firm name after a partner leaves Digest: A law firm may continue to use the name of a former partner in the firm name where the partner leaves the firm for non-legal employment or becomes “Of Counsel” to the firm unless particular facts and circumstances would make it false, deceptive or misleading to … Continued

Ethics Opinions 1216

Topic: Government lawyer doing consulting work for private company Digest: A government agency lawyer, doing work on behalf of the government in connection with a software contract between the agency and a private company, may not also work as a consultant to the private company to help it provide such software to other agencies unless … Continued

Ethics Opinions 1215

Topic: Limited scope representation in criminal cases Digest: A law firm may not enter into a retainer agreement in a criminal matter limiting the scope of the firm’s services to pretrial work unless (i) the limitation is reasonable under the circumstances, (ii) the client gives informed consent, and (iii) the limitation is not prejudicial to … Continued

Ethics Opinions 1214

Topic: Frivolous arguments to a court; withdrawal. Digest: A lawyer is ethically prohibited from presenting a frivolous argument to a court. If the lawyer cannot find a non-frivolous basis on which to proceed with a client’s motion and the client persists on putting before the court arguments the lawyer believes to be frivolous, the lawyer … Continued

Ethics Opinions 1213

Topic: Lawyer paying for recommendation Digest: A lawyer may not participate in an internet lawyer-client matching service that vouches for the lawyer’s credentials, competence and effectiveness, and recommends the lawyer as the “best lawyer” for the needs of the potential client. Rules: 5.4(a), 7.1(a), 7.2(a) FACTS: 1. The inquirer is a lawyer who wishes to … Continued

Ethics Opinions 1212

Topic: Public Defender’s Obligation as to Closed Files and Transfer of Files upon De-Funding of Program Digest: Absent the client’s informed consent, a public defender may not deliver open or closed client files to the assigned counsel program. Rather, the public defender’s office must facilitate the transfer of open client matters to the client or … Continued

Ethics Opinions 1211

Topic: Fees vs. disbursements, charges of contract lawyer or co-counsel Digest: If a lawyer is handling a personal injury matter for a client who dies during the case, the attorney-client relationship automatically terminates, but the lawyer may enter into a new attorneyclient relationship with the former client’s putative personal representative. The new retainer agreement may … Continued

Ethics Opinions 1210

Topic: Conflicts of interest; definition of law firm; public defender; part-time justice Digest: A county attorney’s office represents and advises the county public defender’s office on grant funding and other financial and administrative matters. However, the county attorney’s office has no access to information concerning the public defender’s clients, the two offices do not share … Continued

Ethics Opinions 1209

TOPIC: Retention of former appellate judge with respect to easement on which judge previously ruled. DIGEST: A former appellate judge, who was on a panel which issued a dispositive order about the scope of an easement, is personally disqualified from representing the owner of the servient estate of the same easement with respect to legal … Continued