Ethics Opinions
Indexed By Subject

• Administrator as client, Estate or

  • Ethics Opinion 95-1
    Subject: Estate or administrator as client; Duty to heirs of estate
    Rules 1.2, 1.6, 1.7, 3.3

• Advance fees and costs

  • Ethics Opinion 2000-5A
    Subject: Flat Fee Agreements in light of Ethics Opinion 2000-5
    Rules 1.5, 1.16
    Summary: Fee agreements for a specific service or case are permissible so long as they allow for a review of the fee upon conclusion of the representation to ensure that the fee is reasonable and allow for a refund of any unearned fees upon the discharge of the attorney.
  • Ethics Opinion 2000-5
    Subject: Nonrefundable retainers; third party guarantor of fees.
    Rules 1.5, 1.16
    Summary: Retainer agreements for a specific service or case must allow for a refund of any unearned fees upon the discharge of the attorney. A third party guarantor of fees is permissible so long as the client gives informed consent, the lawyer’s judgment is not interfered with and client confidences are protected.

• Advisor, Lawyer as

• Advertising

  • Ethics Opinion 2007-9
    Subject: Use of a service mark on a law firm letterhead and in advertisements, and shortening of the firm name.
    Summary: Statements used in advertising and on firm disclosures must not mislead or raise the level of expectation in regard to the results the Lawyer can achieve.
    Rules: 7.1 and 7.5
  • Ethics Opinion 98-10
    Subject: Internet Referral Service; Advertising, Fee Division, Assisting in Unauthorized Practice
    Rules: 1.5, 5.5, 7.1, 7.2
    Summary: South Dakota lawyer may not participate in an Internet Referral Service taking an advertising fee and a share of legal fees to refer cases to South Dakota lawyer and provide no legal services.
  • Ethics Opinion 97-5
    Subject: Advertisements;  Letterhead; Firm name; Use of retiring firm member name;
    Rules 7.1; 7.5
  • Ethics Opinion 96-11
    Subject: Advertisements; Contingent fee agreements
    Rule 7.2
  • Ethics Opinion 96-2
    Subject: Advertisement; Contingent fees and expenses; Out-of-state advertisement
    Rule 7.2

  • Ethics Opinion 95-13
    Subject: Advertisements; Yellow pages; Direct mail solicitation
    Rules: 7.2, 7.3
    

• Attorney as Witness

  • Ethics Opinion 95-15
    Subject: Office sharing; Client Confidentiality; Sexual harassment claim; Attorney as witness
    Rule 3.7

• Attorney/Client Privilege

  • Ethics Opinion 2009-1
    Rules: 1.2; 1.6; 4.1;
    Subject: Disclosure of client actions to third party.
    Summary: Actions of client in entering contract with third party were not criminal nor fraudulent and were not material facts, thus were not exceptions to confidentiality rules which would requiring disclosure.
  • Ethics Opinion 2007-3 
    Rules: 1.6; 1.14
    Subject: Disclosing confidential information to one holding a Power of Attorney for the client.
    Summary: A power of attorney may not be used to obtain confidential information when the client has instructed such information should not be disclosed.
  • Ethics Opinion 2001-1
    Subject: Confidential communications; Duty to disclose client’s failure to comply with conditions of Suspended Imposition of Sentence
    Summary: Lawyer is prohibited from voluntarily disclosing to the Court a client’s failure to comply with sentencing conditions; lawyer to advise client of limitations of representation; lawyer must not make false statement to court and must disclose if necessary to avoid assisting in criminal conduct; situation may allow withdrawal.
    Rule 1.6
  • Ethics Opinion 96-8
    Subject: Client files; Attorney/client privilege; Deceased client
    Rules: 1.6

• Attorney Fees

  • Ethics Opinion 2000-5A
    Subject: Flat Fee Agreements in light of Ethics Opinion 2000-5
    Rules 1.5, 1.16
    Summary: Fee agreements for a specific service or case are permissible so long as they allow for a review of the fee upon conclusion of the representation to ensure that the fee is reasonable and allow for a refund of any unearned fees upon the discharge of the attorney.
  • Ethics Opinion 2000-5
    Subject: Nonrefundable retainers; third party guarantor of fees.
    Rules 1.5, 1.16
    Summary: Retainer agreements for a specific service or case must allow for a refund of any unearned fees upon the discharge of the attorney. A third party guarantor of fees is permissible so long as the client gives informed consent, the lawyer’s judgment is not interfered with and client confidences are protected.
  • Ethics Opinion 99-2
    Subject: Confidentiality; Outside auditors of detailed legal bills
    Rules: 1.6, 1.8
    Summary: Counsel needs client's informed consent to submit detailed legal bills to outside auditing companies.
  • Ethics Opinion 98-10
    Subject: Internet Referral Service; Advertising, Fee Division, Assisting in Unauthorized Practice
    Rules: 1.5, 5.5, 7.1, 7.2
    Summary: South Dakota lawyer may not participate in an Internet Referral Service taking an advertising fee and a share of legal fees to refer cases to South Dakota lawyer and provide no legal services.
  • Ethics Opinion 96-2
    Subject: Advertisement; Contingent fees and expenses; Out-of-state advertisement
    Rule 7.2
  • Ethics Opinion 95-16
    Subject: Discharge by client; Unpaid attorney fees; Attorney's lien on client files after discharge
    Rules 1.5, 1.16

  • Ethics Opinion 95-3
    Subject: Attorney's fees; Collection agency; Confidentiality of information
    Rule 1.6

  
  

• Attorney's Liens

  • Ethics Opinion 98-3
    Subject: Trust account disbursements; Attorney's liens;
    Rule 1.15
  • Ethics Opinion 95-16
    Subject: Discharge by client; Unpaid fees; Attorney's lien on client files after discharge
    Rules: 1.5, 1.16
    

• Auditors

  • Ethics Opinion 99-2
    Subject: Confidentiality; Outside auditors of detailed legal bills
    Summary: Counsel needs client's informed consent to submit detailed legal bills to outside auditing companies.
    Rules: 1.6, 1.8
    

• Charitable Gifts

  • Ethics Opinion 98-8
    Subject: Charitable gifts to client by another client; Conflict of interests; Charitable organization
    Rules 1.6, 1.7, 2.3, 4.3

• Charitable Organizations

  • Ethics Opinion 98-8
    Subject: Conflict of interests; Charitable organization; Charitable gifts to client by another client;
    Rules 1.6, 1.7, 2.3, 4.3

• Child Support

  • Ethics Opinion 95-8
    Subject: Contingent fee agreements; Child support arrearages
    Rules: 1.5

• Client, Communications with

• Client Confidences

  • Ethics Opinion 2009-1
    Rules: 1.2; 1.6; 4.1;
    Subject: Disclosure of client actions to third party.
    Summary: Actions of client in entering contract with third party were not criminal nor fraudulent and were not material facts, thus were not exceptions to confidentiality rules which would requiring disclosure.
  • Ethics Opinion 2007-3 
    Subject: Disclosing confidential information to one holding a Power of Attorney for the client.
    Summary: A power of attorney may not be used to obtain confidential information when the client has instructed such information should not be disclosed.
    Rules: 1.6; 1.14
  • Ethics Opinion 2001-1
    Subject: Confidential communications; Duty to disclose client’s failure to comply with conditions of Suspended Imposition of Sentence
    Summary: Lawyer is prohibited from voluntarily disclosing to the Court a client’s failure to comply with sentencing conditions; lawyer to advise client of limitations of representation; lawyer must not make false statement to court and must disclose if necessary to avoid assisting in criminal conduct; situation may allow withdrawal.
    Rule 1.6
  • Ethics Opinion 99-2
    Subject: Confidentiality; Outside auditors of detailed legal bills
    Summary: Counsel needs client's informed consent to submit detailed legal bills to outside auditing companies.
    Rules: 1.6, 1.8
  • Ethics Opinion 97-4
    Subject: Client confidences; Disclosure of confidential information
    Rules 1.2, 1.6
  • Ethics Opinion 97-3
    Subject: Client confidences; Conflict of interest; Withdrawal as counsel
    Rules 1.3, 1.6, 1.7
  • Ethics Opinion 96-8
    Subject: Client files; Attorney/client privilege; Deceased client
    Rule 1.6
  • Ethics Opinion 96-6
    Subject: Client referrals from third parties
    Rules 1.7, 1.8
  • Ethics Opinion 95-15
    Subject: Office sharing; Client Confidentiality; Sexual harassment claim; Attorney as witness
    Rule 3.7
  • Ethics Opinion 95-5
    Subject: Client confidences; Client's medical records; Discovery materials
    Rule 1.6
  • Ethics Opinion 95-1
    Subject: Estate or administrator as client; Duty to heirs of estate
    Rules 1.2, 1.6, 1.7, 3.3

• Client, Discharge by

  • Ethics Opinion 95-16
    Subject: Discharge by client; Unpaid fees; Attorney's lien on client files after discharge
    Rules: 1.5, 1.16

• Client Files

  • Ethics Opinion 2007-3 
    Subject: Disclosing confidential information to one holding a Power of Attorney for the client.
    Summary: A power of attorney may not be used to obtain confidential information when the client has instructed such information should not be disclosed.
    Rules: 1.6; 1.14
  • Ethics Opinion 96-8
    Subject: Client files; Attorney/client privilege; Deceased client
    Rule 1.6
  • Ethics Opinion 96-7
    Subject: Client files; Return of files to client
    Rule 1.16
  • Ethics Opinion 95-16
    Subject: Discharge by client; Unpaid attorney fees; Attorney's lien on client files after discharge
    Rules: 1.5, 1.16

• Client Funds

  • Ethics Opinion 98-11
    Subject: Trust accounts; Unclaimed client funds
    Summary: Unclaimed trust funds of deceased client must be maintained by lawyer until valid claim is made; court order is entered or escheat to the state
    Rule 1.15

• Client, Loyalty to

  • Ethics Opinion 2007-6
    Subject: Conflict of interest among clients, limitation of representation.
    Summary: Attorney is precluded from representing two co-owners of a parcel of real estate against a third co-owner when the Attorney had previously represented all three clients in a matter relating to the same parcel of real estate.
    Rules: 1.7 and 1.9
  • Ethics Opinion 2007-3 
    Subject: Disclosing confidential information to one holding a Power of Attorney for the client.
    Summary: A power of attorney may not be used to obtain confidential information when the client has instructed such information should not be disclosed.
    Rules: 1.6; 1.14
  • Ethics Opinion 99-2
    Subject: Confidentiality; Outside auditors of detailed legal bills
    Summary: Counsel needs client's informed consent to submit detailed legal bills to outside auditing companies.
    Rules: 1.6, 1.8
  • Ethics Opinion 95-1
    Subject: Estate or administrator as client; Duty to heirs of estate
    Rules 1.2, 1.6, 1.7, 3.3

• Client, Organization as

  • Ethics Opinion 98-8
    Subject: Charitable organization as client;  Conflict of interests; Charitable gifts to client by another client;
    Rules 1.6, 1.7, 2.3, 4.3

   

• Client's Property, Safekeeping

  • Ethics Opinion 98-11
    Subject: Trust accounts; Unclaimed client funds
    Summary: Unclaimed trust funds of deceased client must be maintained by lawyer until valid claim is made; court order is entered or escheat to the state
    Rule 1.15
  • Ethics Opinion 98-3
    Subject: Trust account disbursements; Attorney's liens;
    Rule 1.15
  • Ethics Opinion 96-7
    Subject: Client files; Return of files to client
    Rule 1.16
  • Ethics Opinion 95-16
    Subject: Discharge by client; Unpaid attorney fees; Attorney's lien on client files after discharge
    Rules: 1.5, 1.16

• Client Referrals

  • Ethics Opinion 98-10
    Subject: Internet Referral Service; Advertising, Fee Division, Assisting in Unauthorized Practice
    Rules: 1.5, 5.5, 7.1, 7.2
    Summary: South Dakota lawyer may not participate in an Internet Referral Service taking an advertising fee and a share of legal fees to refer cases to South Dakota lawyer and provide no legal services.
  • Ethics Opinion 96-6
    Subject: Client referrals from third parties
    Rules 1.7, 1.8
  • Ethics Opinion 95-12
    Subject: Client referral; Solicitation of clients; Legal services plan
    Rules 7.2, 7.3, 7.4

• Client Under a Disability

  • Ethics Opinion 2007-3 
    Subject: Disclosing confidential information to one holding a Power of Attorney for the client.
    Summary: A power of attorney may not be used to obtain confidential information when the client has instructed such information should not be disclosed.
    Rules: 1.6; 1.14
  • Ethics Opinion 98-6
    Subject: Confidential information; Wills
    Rules 1.6, 1.14
  • Ethics Opinion 95-4
    Subject: Durable power of attorney; Competency of client; Guardianship for client
    Rule 1.14

• Collection of fees

  • Ethics Opinion 98-10
    Subject: Internet Referral Service; Advertising, Fee Division, Assisting in Unauthorized Practice
    Rules: 1.5, 5.5, 7.1, 7.2
    Summary: South Dakota lawyer may not participate in an Internet Referral Service taking an advertising fee and a share of legal fees to refer cases to South Dakota lawyer and provide no legal services.
  • Ethics Opinion 95-3
    Subject: Attorney's fees; Collection agency; Confidentiality of information
    Rule 1.6

• Communications with Client

  • Ethics Opinion 2007-6
    Subject: Conflict of interest among clients, limitation of representation.
    Summary: Attorney is precluded from representing two co-owners of a parcel of real estate against a third co-owner when the Attorney had previously represented all three clients in a matter relating to the same parcel of real estate.
    Rules: 1.7 and 1.9
    Ethics Opinion 2007-3 
    Rules: 1.6; 1.14
    Subject: Disclosing confidential information to one holding a Power of Attorney for the client.
    Summary: A power of attorney may not be used to obtain confidential information when the client has instructed such information should not be disclosed.
  • Ethics Opinion 2001-1
    Subject: Confidential communications; Duty to disclose client’s failure to comply with conditions of Suspended Imposition of Sentence
    Summary: Lawyer is prohibited from voluntarily disclosing to the Court a client’s failure to comply with sentencing conditions; lawyer to advise client of limitations of representation; lawyer must not make false statement to court and must disclose if necessary to avoid assisting in criminal conduct; situation may allow withdrawal.
    Rule 1.6

• Communications with Person Represented by Counsel

  • Ethics Opinion 98-9
    Subject: Contact with represented persons; Municipal officials;
    Rule 4.2

• Competence, Lawyer's

  • Ethics Opinion 96-3
    Subject: Conflict of interest; Criminal appeal; Ineffective assistance of counsel
    Rules 1.7. 1.16

• Competency of client

  • Ethics Opinion 2007-3 
    Rules: 1.6; 1.14
    Subject: Disclosing confidential information to one holding a Power of Attorney for the client.
    Summary: A power of attorney may not be used to obtain confidential information when the client has instructed such information should not be disclosed.
  • Ethics Opinion 95-4
    Subject: Durable power of attorney; Competency of client; Guardianship of client
    Rule 1.14

• Confidentiality of Information

  • Ethics Opinion 2009-1
    Rules: 1.2; 1.6; 4.1;
    Subject: Disclosure of client actions to third party.
    Summary: Actions of client in entering contract with third party were not criminal nor fraudulent and were not material facts, thus were not exceptions to confidentiality rules which would requiring disclosure.
  • Ethics Opinion 2007-6
    Subject: Conflict of interest among clients, limitation of representation.
    Summary: Attorney is precluded from representing two co-owners of a parcel of real estate against a third co-owner when the Attorney had previously represented all three clients in a matter relating to the same parcel of real estate.
    Rules: 1.7 and 1.9
    Ethics Opinion 2007-3 
    Rules: 1.6; 1.14
    Subject: Disclosing confidential information to one holding a Power of Attorney for the client.
    Summary: A power of attorney may not be used to obtain confidential information when the client has instructed such information should not be disclosed.
  • Ethics Opinion 2001-1
    Subject: Confidential communications; Duty to disclose client’s failure to comply with conditions of Suspended Imposition of Sentence
    Summary: Lawyer is prohibited from voluntarily disclosing to the Court a client’s failure to comply with sentencing conditions; lawyer to advise client of limitations of representation; lawyer must not make false statement to court and must disclose if necessary to avoid assisting in criminal conduct; situation may allow withdrawal.
    Rule 1.6
  • Ethics Opinion 98-6
    Subject: Confidential information; Wills;
    Rules 1.6, 1.14
  • Ethics Opinion 97-4
    Subject: Client confidences; Disclosure of confidential information
    Rules 1.2, 1.6
  • Ethics Opinion 95-5
    Subject: Client confidences; Client's medical records; Discovery materials
    Rule 1.6

  • Ethics Opinion 95-3
    Subject: Attorney's fees; Collection agency; Confidentiality of information
    Rule 1.6

• Conflict of Interests

  • Ethics Opinion 2010-06
    Subject: Representation of home owner's associations and membership on boardo f directors of road district formed by home owner's associations
    Summary: Attorney may represent two home owner's associations and newly formed road district because no present conflict of interest exists
  • Ethics Opinion 2007-6
    Subject: Conflict of interest among clients, limitation of representation.
    Summary: Attorney is precluded from representing two co-owners of a parcel of real estate against a third co-owner when the Attorney had previously represented all three clients in a matter relating to the same parcel of real estate.
    Rules: 1.7 and 1.9
  • Ethics Opinion 2004-1
    Subject: Non-lawyer Employees
    Summary: Competing law firms may employ the same non-lawyer.
    Rule 1.7, 1.10(c), 5.3
  • Ethics Opinion 99-1
    Subject: Conflict of interest;  Government employee; Subsequent representation of mutual client
    Summary: Attorney who has moved from one agency to another may represent client of former employer if the representation will not be materially limited and the lawyer obtains informed consent
    Rule 1.7(b)
  • Ethics Opinion 98-8
    Subject: Conflict of interests; Charitable organization; Charitable gifts to client by another client;
    Rules 1.6, 1.7, 2.3, 4.3
  • Ethics Opinion 98-7
    Subject: Conflict of interests; Clients of lawyer joining firm;
    Rule 1.9
  • Ethics Opinion 97-8
    Subject: Conflict of interests; Office employees and law enforcement personnel
    Rule 1.7
  • Ethics Opinion 97-3
    Subject: Client confidences; Conflict of interest; Withdrawal as counsel
    Rules 1.3, 1.6, 1.7
  • Ethics Opinion 96-3
    Subject: Conflict of interest; Criminal appeal; Ineffective assistance of counsel
    Rule 1.7, 1.16
  • Ethics Opinion 95-1
    Subject: Estate or administrator as client; Duty to heirs of estate
    Rules 1.2, 1.6, 1.7, 3.3

• Contingent Fee Agreements

  • Ethics Opinion 96-11
    Subject: Advertising requirements for contingent fees
    Rule 7.2
  • Ethics Opinion 96-2
    Subject: Advertisement; Contingent fees and expenses; Out-of-state advertisement
    Rule 7.2
  • Ethics Opinion 95-8
    Subject: Contingent fee agreements; Child support arrearages
    Rules: 1.5

• Court Costs and Litigation Expenses

  • Ethics Opinion 2000-3
    Subject: Court costs and litigation expenses; Expenses for medical treatment
    Summary: Rule 1.8(e) prohibits an attorney from advancing any money on behalf of a client that is not necessary to prosecute the action.
    Rule 1.8(e); Preamble
  • Ethics Opinion 2000-1
    Subject: Lawyer responsibility to pay for consultants hired by lawyer in representation
    Summary: Absent a written agreement to the contrary with the consultant, lawyer must pay for litigation services lawyer ordered on behalf of client even if the attorney/client relationship terminates.
    Rule 1.8(e), 8.4(d)

• Criminal Appeals

  • Ethics Opinion 96-3
    Subject: Conflict of interest; Criminal appeal; Ineffective assistance of counsel
    Rules 1.7, 1.16

• Declining Representation

• Diligence, Lawyer's

• Direct Mail Solicitation

  • Ethics Opinion 95-13
    Subject: Advertisements; Yellow pages; Use in direct mail solicitation
    Rules: 7.2, 7.3
    

• Disability, Client Under a

  • Ethics Opinion 2007-3 
    Rules: 1.6; 1.14
    Subject: Disclosing confidential information to one holding a Power of Attorney for the client.
    Summary: A power of attorney may not be used to obtain confidential information when the client has instructed such information should not be disclosed.
  • Ethics Opinion 98-6
    Subject: Confidential information; Wills;
    Rules 1.6, 1.14

• Discovery

  • Ethics Opinion 95-5
    Subject: Client confidences; Client's medical records; Discovery materials
    Rule1.6

• Employees

  • Ethics Opinion 04-01
    Subject: Non-lawyer Employees
    Summary: Competing law firms may employ the same non-lawyer.
    Rule 1.7, 1.10(c), 5.3
  • Ethics Opinion 97-8
    Subject: Conflict of interests; Office employees and law enforcement personnel
    Rule 1.7
  • Ethics Opinion 95-15
    Subject: Sexual harassment claim by employee; Office sharing; Client Confidentiality; Attorney as witness
    Rule 3.7

• Employment, Successive Government and Private

• Estate as client

  • Ethics Opinion 95-1
    Subject: Estate or administrator as client; Duty to heirs of estate
    Rules 1.2, 1.6, 1.7, 3.3

• Fees, Lawyer's

  • Ethics Opinion 2010-03
    Subject: Settlement of disputed claims; fee splitting
    Summary: Attorney representing deceased attorney’s estate may follow personal representative’s direction to settle disputed claim alleged to arise from promise to split fees with a non‑lawyer
  • Ethics Opinion 2000-5A
    Subject: Flat Fee Agreements in light of Ethics Opinion 2000-5
    Summary: Fee agreements for a specific service or case are permissible so long as they allow for a review of the fee upon conclusion of the representation to ensure that the fee is reasonable and allow for a refund of any unearned fees upon the discharge of the attorney.
  • Ethics Opinion 2000-5
    Subject: Nonrefundable retainers; third party guarantor of fees.
    Summary: Retainer agreements for a specific service or case must allow for a refund of any unearned fees upon the discharge of the attorney. A third party guarantor of fees is permissible so long as the client gives informed consent, the lawyer’s judgment is not interfered with and client confidences are protected.
  • Ethics Opinion 99-2
    Subject: Confidentiality; Outside auditors of detailed legal bills
    Summary: Counsel needs client's informed consent to submit detailed legal bills to outside auditing companies.
    Rules: 1.6, 1.8
  • Ethics Opinion 98-10
    Subject: Internet Referral Service; Advertising, Fee Division, Assisting in Unauthorized Practice
    Rules: 1.5, 5.5, 7.1, 7.2
    Summary: South Dakota lawyer may not participate in an Internet Referral Service taking an advertising fee and a share of legal fees to refer cases to South Dakota lawyer and provide no legal services.

  • Ethics Opinion 95-3
    Subject: Attorney's fees; Collection agency; Confidentiality of information
    Rule 1.6

• Files, Client's

  • Ethics Opinion 2007-3 
    Rules: 1.6; 1.14
    Subject: Disclosing confidential information to one holding a Power of Attorney for the client.
    Summary: A power of attorney may not be used to obtain confidential information when the client has instructed such information should not be disclosed.
  • Ethics Opinion 96-7
    Subject: Client files; Return of files to client
    Rule 1.16

   

• Funds, Client's

  • Ethics Opinion 98-11
    Subject: Trust accounts; Unclaimed client funds
    Summary: Unclaimed trust funds of deceased client must be maintained by lawyer until valid claim is made; court order is entered or escheat to the state
    Rules 1.15

• Firm Name

  • Ethics Opinion 2007-9
    Subject: Use of a service mark on a law firm letterhead and in advertisements, and shortening of the firm name.
    Summary: Statements used in advertising and on firm disclosures must not mislead or raise the level of expectation in regard to the results the Lawyer can achieve.
    Rules: 7.1 and 7.5
  • Ethics Opinion 97-5
    Subject: Advertisements;  Letterhead; Firm name; Use of retiring firm member name
    Rules 7.1, 7.5

• Former Judge, Arbitrator, or Law Clerk

• Government and Private Employment,  Successive

  • Ethics Opinion 99-1
    Subject: Conflict of interest;  Government employee; Subsequent representation of mutual client
    Summary: Attorney who has moved from one agency to another may represent client of former employer if the representation will not be materially limited and the lawyer obtains informed consent
    Rule 1.7(b)
    

• Guardianship for client

  • Ethics Opinion 95-4
    Subject: Durable power of attorney; Competency of client; Guardianship of client
    Rule 1.14

• Heirs, Duty to

  • Ethics Opinion 95-1
    Subject: Estate or administrator as client; Duty to heirs of estate
    Rules 1.2, 1.6, 1.7, 3.3

• Imputed Disqualification

• Intermediary, Lawyer as

• Internet Advertising

  • Ethics Opinion 98-10
    Subject: Internet Referral Service; Advertising, Fee Division, Assisting in Unauthorized Practice
    Rules: 1.5, 5.5, 7.1, 7.2
    Summary: South Dakota lawyer may not participate in an Internet Referral Service taking an advertising fee and a share of legal fees to refer cases to South Dakota lawyer and provide no legal services.

• Law Enforcement

  • Ethics Opinion 97-8
    Subject: Conflict of interests; Office employees and law enforcement personnel
    Rule 1.7

• Legal services plans

  • Ethics Opinion 95-12
    Subject: Client referral; Solicitation of clients; Legal services plan
    Rules 7.2, 7.3, 7.4

• Letterhead

  • Ethics Opinion 2007-9
    Subject: Use of a service mark on a law firm letterhead and in advertisements, and shortening of the firm name.
    Summary: Statements used in advertising and on firm disclosures must not mislead or raise the level of expectation in regard to the results the Lawyer can achieve.
    Rules: 7.1 and 7.5
  • Ethics Opinion 97-5
    Subject: Advertisements;  Letterhead; Firm name; Use of retiring firm member name
    Rules 7.1, 7.5

• Liens, Attorney's

  • Ethics Opinion 98-3
    Subject: Trust account disbursements; Attorney's liens
    Rules 1.15

• Litigation Expenses and Court Costs

  • Ethics Opinion 00-3
    Subject: Court costs and litigation expenses; Expenses for medical treatment
    Summary: Rule 1.8(e) prohibits an attorney from advancing any money on behalf of a client that is not necessary to prosecute the action.
    Rule 1.8(e); Preamble
  • Ethics Opinion 00-1
    Subject: Lawyer responsibility to pay for consultants hired by lawyer in representation
    Summary: Absent a written agreement to the contrary with the consultant, lawyer must pay for litigation services lawyer ordered on behalf of client even if the attorney/client relationship terminates.
    Rule 1.8(e), 8.4(d)

• Loyalty to client

  • Ethics Opinion 2009-1
    Rules: 1.2; 1.6; 4.1;
    Subject: Disclosure of client actions to third party.
    Summary: Actions of client in entering contract with third party were not criminal nor fraudulent and were not material facts, thus were not exceptions to confidentiality rules which would requiring disclosure.
  • Ethics Opinion 2007-3 
    Rules: 1.6; 1.14
    Subject: Disclosing confidential information to one holding a Power of Attorney for the client.
    Summary: A power of attorney may not be used to obtain confidential information when the client has instructed such information should not be disclosed.
  • Ethics Opinion 95-1
    Subject: Estate or administrator as client; Duty to heirs of estate
    Rules 1.2, 1.6, 1.7, 3.3

• Medical Treatment, Expenses for

  • Ethics Opinion 00-3
    Subject: Court costs and litigation expenses; Expenses for medical treatment
    Summary: Rule 1.8(e) prohibits an attorney from advancing any money on behalf of a client that is not necessary to prosecute the action.
    Rule 1.8(e); Preamble

• Medical Records, Client's

  • Ethics Opinion 95-5
    Subject: Client confidences; Client's medical records; Discovery materials
    Rule 1.6

• Municipal Officials

  • Ethics Opinion 98-9
    Subject: Contact with represented persons; Municipal officials;
    Rule 4.2

• Non-lawyer employees

  • Ethics Opinion 04-01
    Subject: Non-lawyer Employees
    Summary: Competing law firms may employ the same non-lawyer.
    Rule 1.7, 1.10(c), 5.3

• Organization as Client

• Office Sharing

  • Ethics Opinion 95-15
    Subject: Office sharing; Client Confidentiality; Sexual harassment claim; Attorney as witness
    Rule 3.7

• Person Represented by Counsel, Communications with

  • Ethics Opinion 98-9
    Subject: Contact with represented persons; Municipal officials
    Rule 4.2

• Power of Attorney

  • Ethics Opinion 2007-3 
    Subject: Disclosing confidential information to one holding a Power of Attorney for the client.
    Summary: A power of attorney may not be used to obtain confidential information when the client has instructed such information should not be disclosed.
    Rules: 1.6; 1.14
  • Ethics Opinion 95-4
    Subject: Durable power of attorney; Competency of client; Guardianship of client
    Rule 1.14

• Private Employment, Successive Government and

• Public Defender, Conflict of Interest

  • Ethics Opinion 99-1
    Subject: Conflict of interest;  Government employee; Subsequent representation of mutual client
    Summary: Attorney who has moved from one agency to another may represent client of former employer if the representation will not be materially limited and the lawyer obtains informed consent
    Rule 1.7(b)
    

• Referrals, Client

  • Ethics Opinion 98-10
    Subject: Internet Referral Service; Advertising, Fee Division, Assisting in Unauthorized Practice
    Rules: 1.5, 5.5, 7.1, 7.2
    Summary: South Dakota lawyer may not participate in an Internet Referral Service taking an advertising fee and a share of legal fees to refer cases to South Dakota lawyer and provide no legal services.
  • Ethics Opinion 96-6
    Subject: Client referrals from third parties
    Rules 1.7, 1.8

• Representation, Declining or Terminating

  • Ethics Opinion 2010-04
    Subject: Representation of new client in matters substantially related to prior representation of another client
    Summary: Drafting a corrective deed for a new client is barred absent the written informed consent of the prior client
    Rules: 1.9
  • Ethics Opinion 2007-6
    Subject: Conflict of interest among clients, limitation of representation.
    Summary: Attorney is precluded from representing two co-owners of a parcel of real estate against a third co-owner when the Attorney had previously represented all three clients in a matter relating to the same parcel of real estate.
    Rules: 1.7 and 1.9
  • Ethics Opinion 97-3
    Subject: Client confidences; Conflict of interest; Withdrawal as counsel
    Rules 1.3, 1.6, 1.7

• Representation, Scope of

 

 

• Retainers and advance fees

  • Ethics Opinion 2000-5A
    Subject: Flat Fee Agreements in light of Ethics Opinion 2000-5
    Summary: Fee agreements for a specific service or case are permissible so long as they allow for a review of the fee upon conclusion of the representation to ensure that the fee is reasonable and allow for a refund of any unearned fees upon the discharge of the attorney.
  • Ethics Opinion 2000-5
    Subject: Nonrefundable retainers; third party guarantor of fees.
    Summary: Retainer agreements for a specific service or case must allow for a refund of any unearned fees upon the discharge of the attorney. A third party guarantor of fees is permissible so long as the client gives informed consent, the lawyer’s judgment is not interfered with and client confidences are protected.

• Rights of Third Persons, Respect for

  • Ethics Opinion 2009-1
    Rules: 1.2; 1.6; 4.1;
    Subject: Disclosure of client actions to third party.
    Summary: Actions of client in entering contract with third party were not criminal nor fraudulent and were not material facts, thus were not exceptions to confidentiality rules which would requiring disclosure.

• Safekeeping Client Property

  • Ethics Opinion 98-3
    Subject: Trust account disbursements; Attorney's liens;
    Rules 1.15

• Sale of Law Practice

• Scope of Representation

• Sexual harassment claim

  • Ethics Opinion 95-15
    Subject: Sexual harassment claim by employee; Office sharing; Client Confidentiality; Attorney as witness
    Rule 3.7

• Solicitation, Client

  • Ethics Opinion 95-13
    Subject: Advertisements; Yellow pages; Direct mail solicitation
    Rules: 7.2, 7.3
  • Ethics Opinion 95-12
    Subject: Client referral; Solicitation of clients; Legal services plan
    Rules 7.2, 7.3, 7.4

• Successive Government and Private Employment

• Terminating Representation

  • Ethics Opinion 2007-6
    Subject: Conflict of interest among clients, limitation of representation.
    Summary: Attorney is precluded from representing two co-owners of a parcel of real estate against a third co-owner when the Attorney had previously represented all three clients in a matter relating to the same parcel of real estate.
    Rules: 1.7 and 1.9
  • Ethics Opinion 97-3
    Subject: Client confidences; Conflict of interest; Withdrawal as counsel
    Rules 1.3, 1.6, 1.7

• Third Persons, Evaluation for Use by

  • Ethics Opinion 98-8
    Subject: Conflict of interests; Charitable organization; Charitable gifts to client by another client;
    Rules 1.6, 1.7, 2.3, 4.3

• Third Persons, Referrals by

  • Ethics Opinion 96-6
    Subject: Client referrals from third parties
    Rules 1.7, 1.8
  • Ethics Opinion 95-12
    Subject: Client referral; Solicitation of clients; Legal services plan
    Rules 7.2, 7.3, 7.4

• Trust accounts

  • Ethics Opinion 98-11
    Subject:  Trust accounts; Unclaimed client funds
    Summary: Unclaimed trust funds of deceased client must be maintained by lawyer until valid claim is made; court order is entered or escheat to the state
    Rule 1.15
  • Ethics Opinion 98-3
    Subject: Trust account disbursements; Attorney's liens;
    Rule 1.15

• Truthfulness in Statements to Others

• Unauthorized Practice of Law

  • Ethics Opinion 98-10
    Subject: Internet Referral Service; Advertising, Fee Division, Assisting in Unauthorized Practice
    Rules: 1.5, 5.5, 7.1, 7.2
    Summary: South Dakota lawyer may not participate in an Internet Referral Service taking an advertising fee and a share of legal fees to refer cases to South Dakota lawyer and provide no legal services.

• Unclaimed client funds

  • Ethics Opinion 98-11
    Subject:  Unclaimed client funds; Trust accounts
    Summary: Unclaimed trust funds of deceased client must be maintained by lawyer until valid claim is made; court order is entered or escheat to the state
    Rule 1.15

• Unrepresented Person, Dealing with 

  • Ethics Opinion 98-8
    Subject: Conflict of interests; Charitable organization; Charitable gifts to client by another client;
    Rules 1.6, 1.7, 2.3, 4.3

   

• Wills

  • Ethics Opinion 98-6
    Subject: Confidential information; Wills;
    Rules 1.6, 1.14

• Witness, Attorney as

  • Ethics Opinion 95-15
    Subject: Office sharing; Client Confidentiality; Sexual harassment claim; Attorney as witness
    Rule 3.7

• Yellow Pages Advertisements

  • Ethics Opinion 95-13
    Subject: Advertisements; Yellow pages; Use in direct mail solicitation
    Rules: 7.2, 7.3
    

[ Top ]

Updated 02/04/09