Ethics Opinions
Indexed By Rule

Chapter 5 - Law Firms and Associations

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• Rule 5.1. Responsibilites of a Partner or Supervising Lawyer

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• Rule 5.2. Responsibilites of a Subordinate Lawyer

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• Rule 5.3. Responsibilites Regarding a Nonlawyer Assistant

  • Ethics Opinion 04-01
    Subject: Non-lawyer Employees
    Summary: Competing law firms may employ the same non-lawyer. 

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• Rule 5.4. Professional Independence of a Lawyer

  • Ethics Opinion 94-12
    Subject: Purchase of tax preparation service; Payment based on percentage of gross tax fees
    Summary: Preparing tax returns by a lawyer is professional legal service and fees cannot be shared with a nonlawyer who referred clients.
  • 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.

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• Rule 5.5. Unauthorized Practice of Law

  • 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.

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• Rule 5.6. Restrictions on Right to Practice

  • 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.