Ethics Opinions
Indexed By Rule
Chapter 1 - Client-Lawyer Relationship
[ Top ]
[ Next ]
[ Back ]
Rule 1.1. Competence
- Ethics Opinion 2002-2
Subject: Formation of Attorney-client relationship via e-mail
communication
Summary: E-mail communication from prospective client can create
attorney-client relationship
[ Top ]
[ Next ]
[ Back ]
Rule 1.2. Scope of Representation
[ Top ]
[ Next ]
[ Back ]
Rule 1.3. Diligence
- Ethics Opinion 97-3
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 each client's case. Attorney
must withdraw from representing both clients and refrain from disclosing the information.
[ Top ]
[ Next ]
[ Back ]
[ Top ]
[ Next ]
[ Back ]
Rule 1.5. 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.
- Ethics Opinion 98-10
Subject: Internet Referral Service; Advertising, Fee Division, Assisting in
Unauthorized Practice.
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 95-16
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 liens.
- Ethics Opinion 95-8
Subject: Contingent fee agreements; Child support arrearages
Summary: An attorney may try to collect child support arrearages on
behalf of a client under a contingent fee agreement as long as: (1) the divorce is final,
(2) the fee arrangement is in writing, (3) the client is indigent and no practical fee
arrangement is practicable, (4) the attorney makes full disclosure regarding child support
arrearages, and (5) the fee is reasonable and fair.
- Ethics Opinion 94-2
Subject: 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 a lawyer from participating
in an employment contract, which restricts the lawyer from the right to practice law after
termination of the relationship. Rules 5.6(a) 1.5(e)(1), SDCL 53-9-11.
- Ethics Opinion 93-6
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 had worked on the case, the lawyer who
received the settlement check must disburse the funds to the client retaining only the
portion in dispute separate until the dispute is resolved. Contingent fee agreements are
required to be in writing.
- Ethics Opinion 88-4
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 relationship creates a conflict of
interest unless waived by the client.
- Ethics Opinion 87-3
Subject: Fees.
Summary: It is permissible for an attorney handling a voluntary
termination of parental rights to have his/her fees paid by the prospective adoptive
parents. However, the same attorney should not handle the termination and adoption.
[ Top ]
[ Next ]
[ Back ]
Rule 1.6. Confidentiality of Information
- 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.
- Ethics Opinion 2002-2
Subject: Formation of Attorney-client relationship via e-mail
communication
Summary: E-mail communication from prospective client can create
attorney-client relationship.
- Ethics Opinion 2001-1
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.
- Ethics Opinion 2000-6
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 99-5
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 substantially related to prior
representation of client if spouse is also a former client.
- 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.
- Ethics Opinion 98-8
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 person that he represents the
organization, not the third person and that person should seek advice of their own
counsel.
- Ethics Opinion 98-6
Subject: Confidential information; Wills
Summary: Attorney must preserve client confidentiality of a disabled
client unless disclosure is authorized by one of a limited number of exceptions.
- Ethics Opinion 97-4
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, attorney must advise client of
the need to disclose and if client does not authorize disclosure, attorney must withdraw.
- Ethics Opinion 97-3
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 each client's case. Attorney
must withdraw from representing both clients and refrain from disclosing the information.
- Ethics Opinion 96-8
Subject: Client files; Attorney/client privilege; Deceased client
Summary: The attorney/client privilege continues after death and release
of files is prohibited absent waiver by an approved estate representative or by final
Order of a court.
- Ethics Opinion 96-6
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 of Shuldt, 428 NW2d 251 (SD 1980).
- Ethics Opinion 95-5
Subject: Client confidences; Client's medical records; Discovery
materials
Summary: Rules do not cover situation where Attorney A provides a
client's medical records to Attorney B, and Attorney B discloses the records to other
doctors.
- Ethics Opinion 95-3
Subject: Attorney's fees; Collection agency; Confidentiality of
Information
Summary: Lawyer may not report non-paying clients to a credit bureau.
However, lawyers may use a collection agency to collect past due accounts.
- Ethics Opinion 95-1
Subject: Estate or administrator as client; Duty to heirs of estate
Summary: Attorney hired by executor and paid by estate has obligations to
executor, estate and beneficiaries.
- Ethics Opinion 94-23
Subject: Reporting non-paying client to credit bureau
Summary: Lawyer cannot report delinquent client to credit bureau for
nonpayment.
- Ethics Opinion 94-6
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 client's property and termination of
representation require consideration of reasonable retention to avoid conduct detrimental
the client.
- Ethics Opinion 94-3
Subject: Knowledge of fraudulent conduct; Providing information to
bankruptcy trustee; Abuse of process
Summary: When possible past criminal activity of opposing party becomes
known during deposition reporting to the appropriate authority does not violate ethical
rules. South Dakota Rules of Professional Conduct do not prohibit a lawyer from using the
possibility of presenting criminal charges against the opposing party in a private civil
matter to gain relief for a client under certain circumstances.
- Ethics Opinion 92-1
Subject: Attorney misconduct; Duty to report.
Summary: Although attorney has a duty to report known misconduct of
another attorney, attorney may abide his client's specific order to refrain from
reporting.
- Ethics Opinion 88-8
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 interests adverse to a former client in the old
firm where the matters were substantially related and confidential information was
obtained.
- Ethics Opinion 88-4
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 relationship creates a conflict of
interest unless waived by the client.
- Ethics Opinion 88-1
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 should be employed only in
"exceptional circumstances." Disclosure to law enforcement and court of
knowledge of certain sexual abuse allegations must be weighed against the "risk of
damage to the welfare of the child involved."
[ Top ]
[ Next ]
[ Back ]
Rule 1.7. Conflict of Interest: General Rule
- 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.
- Ethics Opinion 2004-1
Subject: Non-lawyer Employees
Summary: Competing law firms may employ the same non-lawyer.
- Ethics Opinion 2003-3
Subject: Conflicts of Interest in Criminal Appeal
Summary: Court appointed trial counsel may continue to represent clients on appeal when ineffective assistance of counsel is asserted as an issue on appeal.
- 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
- Ethics Opinion 98-8
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 person that he represents the
organization, not the third person and that person should seek advice of their own
counsel.
- Ethics Opinion 97-8
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 secretary's spouse is an
adverse witness. Client must also consent after consultation.
- Ethics Opinion 97-3
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 each client's case. Attorney
must withdraw from representing both clients and refrain from disclosing the information.
- Ethics Opinion 96-6
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 of Shuldt, 428 NW2d 251 (SD 1980).
- Ethics Opinion 96-3
Subject: Conflict of interest; Criminal appeal; Ineffective assistance of
counsel
Summary: An attorney may withdraw from a criminal representation when the
client decides to argue on appeal that the attorney was ineffective, if the client wants
him to and the attorney reasonably believes that continued representation would be
adverse.
- Ethics Opinion 95-1
Subject: Estate or administrator as client; Duty to heirs of estate
Summary: Attorney hired by executor and paid by estate has obligations to
executor, estate and beneficiaries.
- Ethics Opinion 94-21
Subject: Conflict of interest, Member of mental illness board, Clients of
firm before the board
Summary: Attorney, member of Board of Mental Illness, and firm are
precluded from representing persons who are subject of Board of Mental Illness' inquiry
and conflicts can arise with past clients of firm.
- Ethics Opinion 94-20
Subject: Conflict of interest; Lawyer holding insurance agent license;
Providing legal advise to clients of insurance agency
Summary: Attorney cannot sell insurance as an agent of insurer and later
advise the insured as counsel on the insurance.
- Ethics Opinion 94-19
Subject: Conflict of interest; Defense lawyer with personal relationship
with prosecutor
Summary: Attorney may defend criminal cases prosecuted by office having a
lawyer attorney is dating so long as the lawyer dating is not personally prosecuting and
attorney's client(s) are advised and consent.
- Ethics Opinion 93-1
Subject: Conflict of interest; Representing both insuror and claimants.
Summary: Counsel for tortfeasor's insuror cannot represent minor
claimants in guardianship and settlement proceedings.
- Ethics Opinion 92-3
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 represent the victims and parent in
civil action to recover damages.
- Ethics Opinion 88-5
Subject: Conflicts of Interest
Summary: An attorney representing an estate in a fraudulent conveyance of
real estate action brought by a creditor may also represent the beneficiary of the real
estate as long as their interests do not conflict with one another. An attorney can also
represent them if their representation can take place without adverse effect to either of
them and both consent.
- Ethics Opinion 88-4
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 relationship creates a conflict of
interest unless waived by the client.
- Ethics Opinion 87-1
Subject: Representation
Summary: An attorney hired by the administrator of an estate to conduct a
probate thereof owes a duty to the administrator and the estate since their interests are
not in conflict.
[ Top ]
[ Next ]
[ Back ]
Rule 1.8. Conflict of Interest: Prohibited Transactions
- 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.
- 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.
- 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.
- Ethics Opinion 92-3
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 represent the victims and parent in
civil action to recover damages.
- Ethics Opinion 90-2
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 other investors in a lawsuit that arises out
of such a transaction. The personal financial interest in the litigation conflicts with
the independent legal judgment required to represent the other investors (clients).
[ Top ]
[ Next ]
[ Back ]
Rule 1.9. Conflict of Interest: Former 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.
- Ethics Opinion 99-5
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 substantially related to prior
representation of client if spouse is also a former client.
- Ethics Opinion 98-7
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 substantially related to issues in the
former representation. Whether a matter is "substantially related" is a factual
issue to be determined case by case.
- Ethics Opinion 94-21
Subject: Conflict of interest, Member of mental illness board, Clients of
firm before the board
Summary: Attorney, member of Board of Mental Illness, and firm are
precluded from representing persons who are subject of Board of Mental Illness' inquiry
and conflicts can arise with past clients of firm.
- Ethics Opinion 94-14
Subject: Conflict of interests; Suing corporation owned by another
client.
Summary: Subsequent adverse representation against a former client is
forbidden if the former representation is substantially related to the current matter
absent waiver of potential conflict by the former client.
- Ethics Opinion 93-13
Subject: Conflict of interest; Former client.
Summary: Joint representation of two passengers for purpose of obtaining
immunity and correction of false information of identity of driver given by both to law
enforcement officials does not preclude later representation of one passenger in claim
against actual driver.
- Ethics Opinion 93-10
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, but who has withdrawn from representation,
may not represent a passenger in the crash in her claim against the former client.
- Ethics Opinion 93-4
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 tax preparation client and the
information gained would be material to the new action. Additionally, the attorney when
functioning as a State's attorney in a criminal matter against a former tax preparation
client may not serve as prosecutor if the tax preparation was substantially related to the
criminal matter. The substantially related test must be decided on a case by case basis.
- Ethics Opinion 92-3
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 represent the victims and parent in
civil action to recover damages.
- Ethics Opinion 88-8
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 interests adverse to a former client in the old
firm where the matters were substantially related and confidential information was
obtained.
[ Top ]
[ Next ]
[ Back ]
Rule 1.10. Imputed Disqualification: General Rule
- Ethics
Opinion 2004-01
Subject : Non-lawyer Employees
Summary: Competing law firms may employ the same non-lawyer.
- Ethics Opinion 94-21
Subject: Conflict of interest, Member of mental illness board, Clients of
firm before the board
Summary: Attorney, member of Board of Mental Illness, and firm are
precluded from representing persons who are subject of Board of Mental Illness' inquiry
and conflicts can arise with past clients of firm.
- Ethics Opinion 94-18
Subject: Conflict of interest; Lawyer in building partnership with
another lawyer; Representing clients with conflicting interests
Summary: Lawyers who share facility and who are not a firm may appear
adverse to each other. Each has a duty to safeguard their client's property and
confidences.
- Ethics Opinion 94-7
Subject: Conflict of interest; Collective bargaining for contract for
court-appointments
Summary: Attorneys who jointly negotiate terms to fulfill public defender
duties for county and are otherwise unaffiliated are not "firm" for conflict of
interest purposes.
- Ethics Opinion 90-4
Subject: 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 a member, therefore, the law firm can not lobby the legislature in which one of its partners is a member. This is true even if there is a full disclosure of the potential of a conflict of interest and voluntary disqualification of the lawyer/legislator from consideration of matters on which the lobbyist or lobbyist/partner or associate is involved.
- Ethics Opinion 88-8
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 interests adverse to a former client in the old
firm where the matters were substantially related and confidential information was
obtained.
[ Top ]
[ Next ]
[ Back ]
Rule 1.11. Successive Government and Private Employment
- Ethics Opinion 94-1
Subject: Conflict of interest; Part-time states attorney representation
of victims
Summary: State's Attorney with confidential government information
regarding two minors' traffic citations may not represent passengers in dispute arising
out of involved crash. A lawyer having information that the lawyer knows is confidential
government information about a person acquired when the lawyer was a public officer or
employee, may not represent a private client whose interests are adverse to that person in
a matter in which the information could be used to the material disadvantage of that
person.
- Ethics Opinion 93-5
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 obtained while employed by the
city through both civil and criminal investigations to subsequently benefit a private
cause of action.
[ Top ]
[ Next ]
[ Back ]
Rule 1.12. Former Judge, Arbitrator, or Law Clerk
[ Top ]
[ Next ]
[ Back ]
Rule 1.13. Organization as Client
[ Top ]
[ Next ]
[ Back ]
Rule 1.14. 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.
- Ethics Opinion
2004-5
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 98-6
Subject: Confidential information; Wills
Summary: Attorney must preserve client confidentiality of a disabled
client unless disclosure is authorized by one of a limited number of exceptions.
- Ethics Opinion 95-4
Subject: Durable power of attorney; Competency of client; Guardianship of
client
Summary: An attorney with a durable power of attorney which allows
attorney to handle the client's financial affairs may seek the appointment of a guardian
or other protective action for an attorney that reasonably believes that the client cannot
adequately act in her own best interest. Other protective action may mean depositing the
client's valuables with the court.
[ Top ]
[ Next ]
[ Back ]
Rule 1.15. Safekeeping Property
- 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
- Ethics Opinion 98-3
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" as to third party's
interest in the proceeds before releasing funds to third party.
- Ethics Opinion 94-18
Subject: Conflict of interest; Lawyer in building partnership with
another lawyer; Representing clients with conflicting interests; Safeguarding client's
property
Summary: Lawyers who share facility and who are not a firm may appear
adverse to each other. Each has a duty to safeguard their client's property and
confidences.
- Ethics Opinion 94-11
Subject: Trust accounts; Applying client trust funds to client bill
Summary: Absent specific agreed authority money held in trust must be
kept in trust in spite of an outstanding bill by a client who has disappeared subject to
the Unclaimed Property Act.
- Ethics Opinion 94-6
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 client's property and termination of
representation require consideration of reasonable retention to avoid conduct detrimental
the client.
- Ethics Opinion 94-4
Subject: Trust account disbursement; Personal injury settlement;
Medical providers
Summary: A lawyer may have a duty under applicable law to protect third
party claims from wrongful interference by a client. The lawyer should not unilaterally
assume to arbitrate the dispute between the third party and the client. Absent a legal
claim the lawyer does not have an obligation to protect the third party.
- Ethics Opinion 93-11
Subject: Terminating representation; Safeguarding property.
Summary: Lawyer retained by client seeking divorce may terminate
representation upon client's refusal to maintain contact, when whereabouts are unknown
after reasonably diligent search, but retainer must be maintained.
- Ethics Opinion 93-6
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 had worked on the case, the lawyer who
received the settlement check must disburse the funds to the client retaining only the
portion in dispute separate until the dispute is resolved. Contingent fee agreements are
required to be in writing.
[ Top ]
[ Next ]
[ Back ]
Rule 1.16. Declining or Terminating Representation
- Ethics Opinion 2004-6
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 2003-3
Subject: Conflicts of Interest in Criminal Appeal
Summary: Court appointed trial counsel may continue to represent clients on appeal when ineffective assistance of counsel is asserted as an issue on appeal.
- 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.
- Ethics Opinion 2000-6
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
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 96-7
Subject: Client files; Return of files to client
Summary: An attorney must return those items in the file that the client
gave the attorney and any items paid for by the client. Attorney's notes/work product are
not included. An attorney may charge for copies, etc., if it is the firm's customary
practice or by specific agreement. What is property of the client or property of the
attorney is a matter of substantive law, no opinion given. See EO 95-16.
- Ethics Opinion 96-3
Subject: Conflict of interest; Criminal appeal; Ineffective assistance of
counsel
Summary: An attorney may withdraw from a criminal representation when the
client decides to argue on appeal that the attorney was ineffective, if the client wants
him to and the attorney reasonably believes that continued representation would be
adverse.
- Ethics Opinion 95-16
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 liens.
Summary: Attorney must provide copies of file to replacement counsel, but
can keep original files for purpose of attorney's liens.
- Ethics Opinion 93-11
Subject: Terminating representation; Safeguarding property.
Summary: Lawyer retained by client seeking divorce may terminate
representation upon client's refusal to maintain contact, when whereabouts are unknown
after reasonably diligent search, but retainer must be maintained.
- Ethics Opinion 90-4
Subject: 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 a member, therefore, the law firm can not lobby the legislature in which one of its partners is a member. This is true even if there is a full disclosure of the potential of a conflict of interest and voluntary disqualification of the lawyer/legislator from consideration of matters on which the lobbyist or lobbyist/partner or associate is involved.
[ Top ]
[ Back ]
Rule 1.17. Sale of Law Practice
- Ethics Opinion 96-6
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 of Shuldt, 428 NW2d 251 (SD 1980).
[ Top ]
[ Back ]