Ethics Opinion 2014

Ethics Opinion 2014-01
Rules: 1.15; 1.6; 3.3; 3.4; 4.1
Subject: Trust account management; confidentiality
Summary: A lawyer must give all persons with a claim to funds held in trust a full accounting of those funds and their disposition; where disputed claims exist, a lawyer may disclose those claims as necessary to provide an accounting and make an appropriate distribution

Ethics Opinion 2013

Ethics Opinion 2013-06
Rules: 1.9
Subject: Conflict based on prior representation
Summary: Lawyer does not have a conflict in child custody proceeding against former client who Lawyer represented in an unrelated divorce and child custody proceeding

Ethics Opinion 2013-05
Rules: 1.6, 1.9
Subject: Confidentiality of information; duties to former clients
Summary: Lawyer cannot pursue a collection matter against a former client because a prior collection matter in which Lawyer represented the debtor was a substantially related matter

Ethics Opinion 2013-04
Rules: 1.7
Subject: Conflict based on Lawyer's personal interest
Summary: Lawyer working for government agency on employee furlough issues who is themselves potentially subject to furlough has a conflict which may be waived so long as Lawyer is able to provide competent and diligent representation

Ethics Opinion 2013-02
Rules: 1.7, 1.9, 1.14(b), 1.18(a)
Subject: Obligations to person with diminished capacity and potential conflicts
Summary: Lawyer may take reasonably necessary action to protect Client with diminished capacity; person is not a "prospective client" if lawyer has not discussed forming client-lawyer relationship with hat person

Ethics Opinion 2013-01
Rules: 1.7
Subject: Relationship to opposing attorney
Summary: Attorney is not precluded from defending criminal cases in jurisdiction where prosecutor is a close relative

Ethics Opinion 2012

Ethics Opinion 2012-05
Rules: 7.1
Subject: Conflict of Interest
Summary: Attorney's service on non-profit board for organization that provides advocates for children in abuse and neglect cases conflicts with Attorney's representation of parents and children in abuse and neglect cases

Ethics Opinion 2012-04
Rules: 3.3
Subject: Efforts necessary to correct misrepresentation by client
Summary: Attorney has an obligation to take reasonable efforts to remediate application for court appointed counsel known to be false

Ethics Opinion 2012-02
Rules: 3.3, 3.4
Subject: Efforts necessary to correct misrepresentation by former client
Summary: Attorney has an obligation to take reasonable efforts to remediate false interrogatory answers given by client

Ethics Opinion 2011

Ethics Opinion 2011-01
Rules: 7.1, 7.2, 7.3
Subject: Attorney advertising and communication with potential clients
Summary: "Claim Calculator" involves improper prediction of success, prohibited fee for referral, and does not contain required elements of advertising communication

Ethics Opinion 2010

Ethics Opinion 2010-06
• Rules: 1.7
• Subject: Representation of home owner's associations and membership on boardo f directors of road district formed by home owner's association
• Summary: Attorney may represent two home owner's associations and newly formed road district because no present conflict of interest exists

Ethics Opinion 2010-04
• Rules: 1.9
• 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

Ethics Opinion 2010-03
• Rules: 1.2, 5.4
• 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 2010-02
• Rules: 1.0, 1.1, 1.10, 1.18
• Subject: Conflicts of interest among legal aid attorneys and private attorneys taking legal aid referrals; screening of attorneys; duties to prospective clients
• Summary: Legal aid organization lawyers and private attorneys taking referrals are not members of the same “firm” subject to imputed conflict rules, but must be screened from adverse clients; legal aid intake workers need not document all calls seeking potential assistance

Ethics Opinion 2010-1
• Rule: 1.5
• Subject: Contingent fee in contract action between unmarried domestic partners
• Summary: Action to recover cash investment in purchase of real property from unmarried domestic partner is not subject to a prohibition against use of a contingent fee

Ethics Opinion 2009

Ethics Opinion 2009-1
• Rules: Rule 1.2(d); 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

Ethics Opinion 2007-9
• Rules: 7.1 and 7.5
• 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.

Ethics Opinion 2007-6
• Rules: 1.7 and 1.9
• 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.

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 2006

Ethics Opinion 2006-1
• Rules: 1.11 and 1.9
• Subject: Conflicts of Interest - Former Government Officers or Employees
• Summary: A law firm may represent a client in a matter where a member of the firm personally and substantially participated

Ethics Opinion 2004

Ethics Opinion 2004-6
• Rule: 1.16
• Subject: Declining or terminating representation; client with diminished capacity.
• Summary: A lawyer may withdraw from representing a client with Court approval. If the client suffers from diminished capacity, the lawyer may take certain steps to protect client's interests.

Ethics Opinion 2004-5
• Rules: .2; 1.14.
• Subject: Representation of minors in Abuse and Neglect actions, client with diminished capacity.
• Summary: Attorney may represent the "best interests" of a minor if steps are taken to protect the client's interests.

Ethics Opinion 2004-1
• Rule: 5.3 ; 1.10(c) and 1.7
• Subject : Non-lawyer Employees
• Summary: Competing law firms may employ the same non-lawyer.

Ethics Opinion 2003

Ethics Opinion 2003-8
• Rules: Rule 1.7
• Subject: Conflict of Interest
• Summary: Lawyer may represent husband and wife with conflicting interests if Lawyer's representation will not be adversely

Ethics Opinion 2003-7
• Rules: 1.7; 1.9(a); 1.10(b)(c)
• Subject: Conflict of Interest
• Summary: Absent consent after consultation, an attorney may not represent a client whose interest is adverse to a former c

Ethics Opinion 2003-6
• Rules: 1.2; 1.16, 8.4
• Subject: Champerty and Maintenance
• Summary: Law Firm is prohibited from entering into contractual relationship with client and third party for cash advance by th

Ethics Opinion 2003-3
• Rules: 1.7, 1.16, 3.1
• Subject: Conflicts of Interest in Criminal Appeal
• Summary: Court appointed trial counsel may continue to represent clients on appeal when ineffective assistance of counsel

Ethics Opinion 2002

Ethics Opinion 2002-2
• Rules: 1.1; 1.6
• Subject: Formation of Attorney-client relationship via e-mail communication
• Summary: E-mail communication from prospective client can create attorney-client relationship

Ethics Opinion 2001

Ethics Opinion 2001-2
• Rules:  1.16
• Subject: Client files
• Summary: Upon conclusion of representation, the client is entitled to return of his/her file upon request. The lawyer has a duty to return all property and papers necessary to protect the client’s interests. What is property of the client and/or property of the lawyer is a matter of substantive law and no opinion given. See EO 96-7.

Ethics Opinion 2001-1
• Rules: 1.2;(d)(e),  1.6(a),  1.6(b)(3), 1.16(b)(3), 2.1 and 3.3
• 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.

Ethics Opinion 2000

Ethics Opinion 2000-6
• Rules: 1.2; 1.6; 1.16; 3.3
• Subject: Estate: Duty to disclose possible improper source of estate asset.
• Summary: Lawyer for an estate may have duty to withdraw or disclose improper source of real estate.

Ethics Opinion 2000-5A
• Rules:  1.5, 1.16
• 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
• Rules:  1.5, 1.16; 1.8(f)
• Subject: Non-Refundable Retainer Agreements; 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 disch

Ethics Opinion 2000-3
• Rules: Preamble; 1.8(e)
• Subject: Prohibited transactions; 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 prosec

Ethics Opinion 2000-1
• Rules: Preamble; 1.8(e); 8.4(d)
• 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 ord

Ethics Opinion 1999

Ethics Opinion 99-5
• Rules: 1.8(b), 1.9(a)
• Subject: Conflict of interest; Spouse of client
• Summary: Attorney may not represent client against client’s spouse without consent of spouse of client or matter must not be

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

Ethics Opinion 99-1
• Rules: 1.7(b)
• 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

Ethics Opinion 1998

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

Ethics Opinion 98-10
• Rules:  1.5, 5.5, 7.1, 7.2
• Subject: Internet Referral Service; Advertising; Fee Division; Assisting in Unauthorized Practice of Law
• Summary: South Dakota lawyer may not participate in an Internet Referral Service taking an advertising fee and a share of le

Ethics Opinion 98-9
• Rule 4.2
• Subject: Communication with represented persons; Municipal officials
• Summary: Attorney may communicate with government officials on legislative matters on behalf of a client without permission

Ethics Opinion 98-8
• Rules  1.6; 1.7, 2.3(a), 4.3
• Subject: Conflict of interests; Charitable organization; Charitable gifts to client by another client
• Summary: Attorney providing advice to third persons on behalf of an estate planning organization client must advise the third

Ethics Opinion 98-7
• Rule 1.9(a)
• Subject: Conflict of interests; Clients of lawyer joining firm
• Summary: Whether a law firm may bring suit against the former client of a new attorney in the firm depends on if the suit is s

Ethics Opinion 98-6
• Rules 1.6; 1.14
• Subject: Confidential information; Wills
• Summary: Attorney must preserve client confidentiality of a disabled client unless disclosure is authorized by one of a limited

Ethics Opinion 98-3
• Rule 1.15
• Subject: Trust account disbursements; Attorney's liens
• Summary: Where third party has lien on settlement received on behalf of client, attorney must determine if there is "dispute"

Ethics Opinion 1997

Ethics Opinion 97-8
• Rule 1.7(b)
• Subject: Conflict of interest; Office employees and law enforcement personnel
• Summary: Attorney must have "reasonable belief" that her representation of client will not be adversely affected, where secre

Ethics Opinion 97-5
• Rules 7.1; 7.5
• Subject: Advertisements; Firm name; Use of retiring firm member name
• Summary: Firm name may include retired member's name but if the individuals' name is listed on the letterhead, it must indic

Ethics Opinion 97-4
• Rules ; 1.6
• Subject: Client confidences; Disclosure of confidential information
• Summary: Attorney must not reveal client's confidential information unless required by the Rules or other law. In such case,

Ethics Opinion 97-3
• Rules 1.3; 1.6; 1.7
• Subject: Client confidences; Conflict of interest; Withdrawal as counsel
• Summary: Attorney, representing separate divorce clients, obtains information adverse to one client, which will be an issue in

Ethics Opinion 1996

Ethics Opinion 96-11
• Rule 7.2
• Subject: Advertisements; Contingent fee agreements
• Summary: When advertising contingent fees, disclosure of how fees are computed and that client will bear expenses must b

Ethics Opinion 96-8
• Rule  1.6
• Subject: Client confidences; Files of deceased client's; Release with no probate and no administrator.
• Summary: The attorney/client privilege continues after death and release of files is prohibited absent waiver by an approved

Ethics Opinion 96-7
• Rule 1.16
• Subject: Ownership of client files; Copies of files; Customary practices.
• Summary: An attorney must return those items in the file that the client gave the attorney and any items paid for by the client

Ethics Opinion 96-6
• Rule 1.7; 1.8
• Subject: Fee splitting with non-attorneys; Conflict of interest; Referrals; Overreaching.
• Summary: An attorney should not accept a fee or other remuneration for referrals to non-clients. See In the Matter of Estate

Ethics Opinion 96-3
• Rules 1.7(b); 1.16(c)
• Subject: Court Appointed Attorney; Criminal representation; Conflict of interest; Ineffective assistance of counsel; Appeal.
• Summary: An attorney may withdraw from a criminal representation when the client decides to argue on appeal that the attorney

Ethics Opinion 96-2
• Rule 7.2
• Subject: Advertising, Telephone directory, Multi-state practice, Contingent fees.
• Summary: An attorney advertises contingent fees in yellow pages of another state. Ad does not violate South Dakota Rules o

Ethics Opinion 1995

Ethics Opinion 95-16
• Rules:  1.5, 1.16
• Subject: Attorney's fees and liens, Client files, Discharge of Lawyer.
• Summary: Attorney must provide copies of file to replacement counsel, but can keep original files for purpose of attorney's li

Ethics Opinion 95-15
• Rules: 3.7
• Subject: Client Communications; Attorney-client privilege; Office sharing; Witnesses; Employees.
• Summary: Attorney A who shares office space with Attorney B may not represent B in a case where an employee sues B. If

Ethics Opinion 95-13
• Rules: 7.2, 7.3
• Subject: Advertising; Telephone directory; Direct mailings.
• Summary: An attorney can send copies of his advertising in the yellow pages to non-clients without any further information a

Ethics Opinion 95-12
• Rules: 7.2, 7.3, 7.4
• Subject: Fee reduction; Referrals; Restrictive covenants; Conflicts of interest; Advertising and solicitation.
• Summary: An attorney may not accept an offer to become a participant in a club providing legal referrals to the attorney, incl

Ethics Opinion 95-8
• Rules:  1.5(d)(1).
• Subject: Contingent fees; Fee arrangements; Child Support; Indigent persons.
• Summary: An attorney may try to collect child support arrearages on behalf of a client under a contingent fee agreement as l

Ethics Opinion 95-5
• Rules: 1.6
• Subject: Client confidentiality.
• Summary: Rules do not cover situation where Attorney A provides a client's medical records to Attorney B, and Attorney B d

Ethics Opinion 95-4
• Rules: 1.14
• Subject: Client funds and property; Disabled clients; Power of attorney; Settlements; Guardianship.
• Summary: An attorney with a durable power of attorney which allows attorney to handle the client's financial affairs may seek

Ethics Opinion 95-3
• Rules:  1.6
• Subject: Attorney's Fees; Client's failure to pay; Lawyer's referral for debt collection.
• Summary: Lawyer may not report non-paying clients to a credit bureau. However, lawyers may use a collection agency to co

Ethics Opinion 95-1
• Rules: 1.2; 1.6 and 3.3
• Subject: Conflict of Interest; Duties to Executor and Estate Beneficiaries
• Summary: Attorney hired by executor and paid by estate has obligations to executor, estate and beneficiaries.

Ethics Opinion 1994

Ethics Opinion 94-23
• Rules:  1.6
• Subject: Client Fees; Reporting Delinquent Client to a Credit Bureau
• Summary: Lawyer cannot report delinquent client to credit bureau for nonpayment.

Ethics Opinion 94-21
• Rules: 1.7, 1.9, 1.10
• Subject: Conflict of Interest; Member of Law Firm Member of Board of Mental Illness
• Summary: Attorney, member of Board of Mental Illness, and firm are precluded from representing persons who are subject o

Ethics Opinion 94-20
• Rules: 1.17
• Subject: Conflict of Interest; Attorney as Insurance Salesman and Practicing Lawyer
• Summary: Attorney cannot sell insurance as an agent of insurer and later advise the insured as counsel on the insurance.

Ethics Opinion 94-19
• Rules: 1.7
• Subject: Conflict of Interest; Defense Counsel Dating an Attorney in Prosecutor's Offices
• Summary: Attorney may defend criminal cases prosecuted by office having a lawyer attorney is dating so long as the lawyer

Ethics Opinion 94-18
• Rules: 1.10, 1.15
• Subject: Conflict of interest, Office Sharing, Confidentiality
• Summary: Lawyers who share facility and who are not a firm may appear adverse to each other. Each has a duty to safeguard

Ethics Opinion 94-15
• Rules: 2.1, 4.4
• Subject: Advice to Not Pay Medical Provider
• Summary: Advising clients not to pay health care providers is contrary to lawyer's duty to exercise "sensitive, professional an

Ethics Opinion 94-14
• Rules: 1.9
• Subject: Conflict of Interest; Corporate party
• Summary: Subsequent adverse representation against a former client is forbidden if the former representation is substantially

Ethics Opinion 94-12
• Rules: 5.4
• Subject: Sharing Fees with Nonlawyer
• Summary: Preparing tax returns by a lawyer is professional legal service and fees cannot be shared with a nonlawyer who re

Ethics Opinion 94-11
• Rules: 1.15
• Subject: Trust Funds; Dispositions of Funds on Disappearance of Client
• Summary: Absent specific agreed authority money held in trust must be kept in trust in spite of an outstanding bill by a client

Ethics Opinion 94-8
• Rules: 7.2, 7.3
• Subject: Advertising; Direct Mail Solicitation of Potential Clients
• Summary: Attorney may solicit clients by direct mail provided it is clearly labeled "Advertising Material" and provide a copy to

Ethics Opinion 94-7
• Rules: 1.10
• Subject: Conflict of Interest; Joint Negotiation of Group of Nonaffiliated Lawyers for Terms of Public Defender Duty.
• Summary: Attorneys who jointly negotiate terms to fulfill public defender duties for county and are otherwise unaffiliated are n

Ethics Opinion 94-6
• Rules:  1.6; 1.15
• Subject: Retention of client files; Client confidences; Destruction of files; Personal property held in trust
• Summary: ABA informal opinion 1384 adopted. While primarily a business management question, rules regarding safekeeping

Ethics Opinion 94-4
• Rule: 1.15
• Subject: Trust account disbursement; Personal injury settlement; Duty to third parties regarding dispersing proceeds of settl
• Summary: A lawyer may have a duty under applicable law to protect third party claims from wrongful interference by a client.

Ethics Opinion 94-3
• Rules:  1.6
• Subject: Ethical considerations in reporting past potential criminal activity of opposing party.
• Summary: When possible past criminal activity of opposing party becomes known during deposition reporting to the appropr

Ethics Opinion 94-2
• Rules:  1.5, 5.6
• Subject: Restrictions on right to practice; Employment contract for lawyer; Payment of client fees after termination of employment
• Summary: A contract, calling for payment upon practice of law in area after termination of employment, violates the rule prohibiting

Ethics Opinion 94-1
• Rules: 1.11
• Subject: Successive government and private employment; Conflict of interest; Part-time states attorney representation of vic
• Summary: State's Attorney with confidential government information regarding two minors' traffic citations may not represent

Ethics Opinion 1993

Ethics Opinion 93-13
• Rules: 1.9
• Subject: Conflict of interest; Former client.
• Summary: Joint representation of two passengers for purpose of obtaining immunity and correction of false information of ide

Ethics Opinion 93-12
• Rules: 3.7
• Subject: State's Attorney as witness.
• Summary: State's Attorney, who is a witness in federal civil rights suit against county and city brought by the subject of a cri

Ethics Opinion 93-11
• Rules: 1.16, 1.15
• Subject: Terminating representation; Safeguarding property.
• Summary: Lawyer retained by client seeking divorce may terminate representation upon client's refusal to maintain contact, w

Ethics Opinion 93-10
• Rules: 1.9(a)
• Subject: Conflict of interest: Former client.
• Summary: A lawyer who has given legal representation to a minor driver on a criminal matter arising out of auto accident, bu

Ethics Opinion 93-6
• Rules: 1.15(c),  1.5(c),  1.5(e)
• Subject: Fee agreements; Division of fee; Safeguarding property.
• Summary: When all fee arrangements with client were oral and a dispute arose regarding payment of fees to lawyers who ha

Ethics Opinion 93-5
• Rules: 1.11
• Subject: Confidential information; Conflict of interest; Government service.
• Summary: An attorney who formerly worked for a municipality as city attorney may not use confidential government information

Ethics Opinion 93-4
• Rules: 1.9
• Subject: Conflict of interest; Income tax preparation precluding representation.
• Summary: Attorney is precluded from representing a client in an action against a former client, when the former client was a

Ethics Opinion 93-1
• Rules: 1.7
• Subject: Conflict of interest; Representing both insuror and claimants.
• Summary: Counsel for tortfeasor's insuror cannot represent minor claimants in guardianship and settlement proceedings.
Supplement to Ethics Opinion 93-1

Ethics Opinion 1992

Ethics Opinion 92-19
• Rules: 5.4; 7.2; 7.3, 7.4
• Subject: Prepackaged legal work; Lawyer referral service; Fee sharing.
• Summary: Lawyer may not ethically participate in a trust program in which clients are referred to lawyer and fees are shared

Ethics Opinion 92-15
• Rules: 4.2
• Subject: Communication with represented party.
• Summary: It is improper for counsel to send copies of his/her correspondence to opposing counsel to the clients of opposing

Ethics Opinion 92-13
• Rules:  1.6
• Subject: Guardianship; Duty to disclose client misappropriation.
• Summary: Attorney for guardian may have duty to report misappropriation of guardianship funds to prevent or rectify his/her

Ethics Opinion 92-11
• Rules: 7.4
• Subject: Advertising; Specialties.
• Summary: It is inappropriate for lawyer to advertise self as "real estate mortgage broker" since this is not a recognized field o

Ethics Opinion 92-10
• Rules: 5.4
• Subject: Sharing fees with suspended lawyer.
• Summary: Suspended lawyer is entitled to fees earned before suspension on a quantum meruit basis plus costs incurred.

Ethics Opinion 92-8
• Rules: 1.2; 1.6; 3.3
• Subject: Duty to disclosure misconduct to beneficiaries.
• Summary: Counsel who drafted will and later codicil for client and who is later contacted by executor who provides informatio

Ethics Opinion 92-6
• Rules: 1.2; 1.3
• Subject: Disappearing client; Statute of limitations.
• Summary: Personal injury counsel may have ethical obligation to commence personal injury action to prevent running of the

Ethics Opinion 92-3
• Rules: 1.7, 1.8, 1.9
• Subject: Conflict of interest, Civil representation of victims of criminal assault.
• Summary: Counsel appointed to represent minor victims' interests in criminal prosecution of perpetrator may thereafter repre

Ethics Opinion 92-2
• Rules: 7.2
• Subject: Lawyer advertising; Payments by credit cards.
• Summary: Ethics rules do not prohibit discreet mention in lawyer advertisement that credit card payment is accepted.

Ethics Opinion 92-1
• Rules: 8.4, 8.3; 1.6
• Subject: Conflict of interest; Criminal prosecution of and plea agreement with clients.
• Summary: Municipal attorney may prosecute former clients upon disclosure and consent by former clients and mayor.

Ethics Opinion 1991

Ethics Opinion 91-22
• Rules:  1.6, 1.7, 1.9.
• Subject: Conflict of interest; Insurance defense counsel; Subsequent representation.
• Summary: Attorney who formerly represented insureds of a company and who declined to be an expert in bad faith claim aga

Ethics Opinion 91-20
• Rules:  1.5(b); 1.15; 1.16
• Subject:
• Summary:

Ethics Opinion 91-19
• Rules:  1.6
• Subject: Client confidences; Testimony about client's circumstances.
• Summary: Lawyer may be compelled to respond to court inquiry about client's failure to appear.

Ethics Opinion 91-18
• Rules: 7.2
• Subject: Advertisement and solicitation; referral services.
• Summary: Lawyer may only participate in legal referral services that are "not for profit."

Ethics Opinion 91-16
• Rules: 1.2;
• Subject: Contact with represented client.
• Summary: When insured has retained attorney to make under-insurance claim against insurance company, insurance companies

Ethics Opinion 91-15
• Rules:  1.5; 1.8; 5.5, 7.5
• Subject: Limiting malpractice liability; unauthorized practice; division of fees; letterhead.
• Summary: Out of state partnership practicing in state through licensed attorney/employees must consider the rules of profe

Ethics Opinion 91-14
• Rules: 1.6; 5.4
• Subject: Client confidences; division of fees.
• Summary: Paying commission to company for referral of clients for preparation of "living trusts" would violate client confidentiality

Ethics Opinion 1990

Ethics Opinion 90-10
• Rules: 7.5
• Subject: Letterhead; listing unlicensed individuals
• Summary: Listing law school graduate who is not licensed in any state on letterhead as "Not licensed in South Dakota" is d

Ethics Opinion 90-9
• Rules: 1.5
• Subject: Division of fees with "of counsel" lawyer.
• Summary: A lawyer listed as "of counsel" is not a member of the law firm and any division of fees must satisfy the requirement

Ethics Opinion 90-8
• Rules:  1.5, 5.4
• Subject: Division of fees with subsequently disbarred lawyer.
• Summary: Fees may be paid to disbarred lawyer only for proportion of services rendered prior to disbarment.

Ethics Opinion 90-7
• Rules: 7.4
• Subject: Advertising; specialized practice.
• Summary: Lawyer may not advertise as a "specialist," "limited to" or "concentrated in" a certain field of law, but may list "are

Ethics Opinion 90-6
• Rules: 8.2; 8.4
• Subject: Judicial elections; participation in candidate's campaign
• Summary: Lawyer may participate as judicial candidate's campaign manager and solicit financial and public support if lawyer

Ethics Opinion 90-4
• Rules: 1.10, 1.7B, 1.16(a), 8.4(e).
• Subjects: Conflict of interest; Lobbying when partner is member of legislative body.
• Summary: The lawyer/lobbyist is clearly ineligible to represent a client as a lobbyist before the same legislature of which he is

Ethics Opinion 90-3
• Rules: 7.2, 7.2(c)
• Subject: Advertising; Referrals.
• Summary: Attorneys cannot purchase exclusive rights to receive referrals from an "Attorney Hotline" that advertises on television

Ethics Opinion 90-2
• Rule: 1.8(j).
• Subjects: Conflicts of Interest.
• Summary: An attorney who has invested in the publication and marketing of a book may not also represent himself and the o

Ethics Opinion 1989

Ethics Opinion 89-3
• Rules: N/A
• Subject: Non-resident attorney.
• Summary: A South Dakota attorney is not required to ascertain if a non-resident attorney whom he is associated with has co

Ethics Opinion 1988

Ethics Opinion 88-8
• Rules:  1.6(a); 1.9; 1.10
• Subject: Conflicts of interest; Disqualification.
• Summary: An attorney who leaves his law firm and starts a new one, cannot subsequently represent a party who had interest

Ethics Opinion 88-6
• Rules: 6.3.
• Subject: Conflicts of Interest.
• Summary: An attorney who has been appointed to the board of directors of a non-profit, public interest law firm cannot defendant

Ethics Opinion 88-5
• Rules 1.7(a), 1.7(b);
• Subject: Conflicts of Interest.
• Summary: An attorney representing an estate in a fraudulent conveyance of real estate action brought by a creditor may also

Ethics Opinion 88-4
• Rules:  1.5, 1.6, 1.7, 5.4, 7.2(c); D.R. 3-102(a), 3-103(a), 7.101, 5-102, 5-105.
• Subject: Fee Splitting; Conflicts of Interest.
• Summary: An attorney cannot split a fee with a non-lawyer for legal work performed by the lawyer for a mutual client. Such a

Ethics Opinion 88-3
• Rules: 7.3.
• Subject: Solicitation; Advertisement.
• Summary: An attorney may not sponsor a seminar in which he/she is the exclusive program in which he/she gives advice to

Ethics Opinion 88-1
• Rules: D.R. 1-102(A)(3); Cannon, 4, 5, 6, 7; E.C. 7-10, 5-21.
• Subject: Duty to Client.
• Summary: Generally, an attorney owes a duty of disclosure of all facts regarding a client's case to the client. Nondisclosure s

Ethics Opinion 1987

Ethics Opinion 87-3
• Rules: D.R. 5-107(A)(1); E.C. 5-21, 5-22, 5-23
• Subject: Fees.
• Summary: It is permissible for an attorney handling a voluntary termination of parental rights to have his/her fees paid by the

Ethics Opinion 87-2
• Rules: DR 2-104(A)(4); EC 2-2, 2-5
• Subject: Advertising.
• Summary: The authorship for publication in a newspaper of a "legal notes" column for public information is permissible if suc

Ethics Opinion 87-1
• Rules: 1.7; E.C. 17, 18, 19.
• Subject: Conflict of Interest, Representation of administrator and estate.
• Summary: An attorney hired by the administrator of an estate to conduct a probate thereof owes a duty to the administrator a

Ethics Opinion 1986

Ethics Opinion 86-7
• Rules: 1.7, 1.9; D.R. 5-105(A)
• Subject: Conflict of Interest; Subsequent representation of lender.
• Summary: If it is assumed that the initial attorney-client relationship has ceased, there would not appear to be a conflict of in

Ethics Opinion 86-6
• Rules: 1.10;
• Subject: Conflict of Interest; States attorney representation in civil action.
• Summary: The state's attorney who participated personally in the disposition of the criminal charge may not subsequently re

Ethics Opinion 86-4
• Rules: D.R. 7-102(a)(5); (M.R. 3.3); EC 7-12.
• Subject: Confidential communications; Wills; False petition
• Summary: Candor Toward the Tribunal; Production of wills; False statements in petition. (1) It is unethical for an attorney to

Ethics Opinion 86-3
• Rules: 1.7, 1.9, 1.10; D.R. 5-105
• Subject: Conflict of Interest; Legal services offices.
• Summary: Restrictions applicable to private law firm concerning multiple representations are not applicable to a legal service

Ethics Opinion 86-2
• Rules: 1.7, 1.10; D.R. 105(d)
• Subject: Conflict of Interest; Member of school board.
• Summary: The law firm is precluded from representing matters including teachers before the school board while a member o

Ethics Opinion 86-1
• Rules: 1.2; 3.3; 1.6
• Subject: Conflict of Interest; Confidentiality; Reporting of criminal activity.
• Summary: (1) An attorney acting as an agent of an estate under court appointment and who has commenced civil proceeding

Ethics Opinion 1985

Ethics Opinion 85-4
• Rules:
• Subject: Solicitation of clients by another lawyer.
• Summary: Solicitation of a client by another lawyer while the client is in the hospital with representation by the soliciting attorney

Ethics Opinion 85-2
• Rules:
• Subject: Conflict of interest; States attorney related to member of firm
• Summary: A law firm and any or all of its members may defend criminal cases in a county where an attorney's first cousin an

Ethics Opinion 85-1
• Rules: 1.9
• Subject: Conflict of interest; States attorney member of firm
• Summary: Attorney may represent victim in an auto accident after the driver pleads guilty to charges brought by State's Attorney

Ethics Opinion 1980

Ethics Opinion 80-6
• Rules:
• Subject: Lawyer’s responsibility for requested services
• Summary: Lawyer who orders service for client is responsible for payment unless provider is advised in writing in advance