Ethics Opinions
Chapter Three
Indexed By Rule

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Chapter 3 - Advocate

• Rule 3.1. Meritorious Claims and Contention

  • Ethics Opinion 03-03
    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.
   

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• Rule 3.2. Expediting Litigation

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• Rule 3.3. Candor Toward the Tribunal

  • 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 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.
    

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• Rule 3.4. Fairness to Opposing Party and Counsel

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• Rule 3.5. Impartiality and Decorum of the Tribunal

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• Rule 3.6. Trial Publicity

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• Rule 3.7. Lawyer as Witness

  • Ethics Opinion 95-15
    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 A reviews the pleadings for B, A cannot reveal any information learned during the preparation of those documents without a waiver of the attorney-client privilege. A cannot represent either B or employee if A has confidential information and may be called as a witness.
  • Ethics Opinion 93-12
  
  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 criminal investigation is not precluded from acting as State's Attorney in the criminal matter.

 

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• Rule 3.8. Special Responsibilities of a Prosecutor

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• Rule 3.9. Advocate in Nonadjudicative Proceedings

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