Category: California Ethics Opinions

California Ethics Opinion 2011. ETH 2011-182. THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. 2011-182 2010 ISSUES: 1. When at the outset of representation it appears an attorney would need to serve a discovery subpoena for production of documents on another current client of the attorney or the […]

California Ethics Opinion 2011. ETH 2011-181. THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. 2011-181 2011 ISSUES: May consent under the “no contact” rule of California Rule of Professional Conduct 2-100 be implied, or must it be provided expressly? If consent may be implied, how is implied consent […]

California Ethics Opinion 2011. ETH 2011-180. THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. 2011-180 2011 ISSUE: When does an attorney violate rule 4-400 of the California Rules of Professional Conduct by accepting a gift from a client   DIGEST: An attorney who demonstrates by words or conduct […]

California Ethics Opinion 2010. ETH 2010-179. THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. 2010-179 2010 ISSUE: Does an attorney violate the duties of confidentiality and competence he or she owes to a client by using technology to transmit or store confidential client information when the technology may […]

California Ethics Opinion 2009. ETH 2009-178. THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. 2009-178 2009 ISSUES: Is it ethically proper for an attorney who is settling a fee dispute with a client to include a general release and a Civil Code section 1542 waiver in the settlement […]

California Ethics Opinion 2009. ETH 2009-177. THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. 2009-177 2009 ISSUES: In what manner may an attorney maintain her rights in a charging lien when her former client demands that the attorney endorse a settlement check jointly payable to the client and […]

California Ethics Opinion 2009. ETH 2009-176. THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. 2009-176 2009 ISSUES: In a lawsuit prosecuted by Attorney A against Defendant, Client has a statutory right to seek an award of attorney’s fees. Attorney B, Defendant’s counsel, makes a settlement offer, conditioned on […]

California Ethics Opinion 2008. ETH 2008-175. THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. 2008-175 2008 ISSUES: What are a successor attorney’s ethical obligations when her client in a contingency fee matter instructs her not to notify prior counsel, who has a valid lien against the recovery, of […]

California Ethics Opinion 2007. ETH 2007-174. THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. 2007-174 2007 ISSUE: Is an attorney ethically obligated, upon termination of employment, promptly to release to a client, at the client’s request, (1) an electronic version of e-mail correspondence, (2) an electronic version of […]

California Ethics Opinion 2007. ETH 2007-173. THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. 2007-173 2007 ISSUES: 1. May an attorney, consistent with ethical obligations, deposit a client’s will or other testamentary documents with a private will depository, without the client’s consent 2. May an attorney, consistent with […]

California Ethics Opinion 2007. ETH 2007-172. THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. 2007-172 2007 ISSUES: 1. May an attorney ethically accept payment of earned fees from a client by credit card 2. May an attorney ethically accept payment of fees not yet earned from a client […]