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
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
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
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
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
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
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
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 clients 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.
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 clients failure to comply with conditions of Suspended Imposition of Sentence
Summary: Lawyer is prohibited from voluntarily disclosing to the Court a clients 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 clients 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 1991Ethics Opinion 91-22
Ethics Opinion 91-20
Rules: 1.5(b); 1.15; 1.16
Ethics Opinion 91-19
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
Subject: Advertisement and solicitation; referral services.
Summary: Lawyer may only participate in legal referral services that are "not for profit."
Ethics Opinion 91-16
Subject: Contact with represented client.
Summary: When insured has retained attorney to make under-insurance claim against insurance company, insurance companies
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 1990Ethics Opinion 90-10
Ethics Opinion 90-9
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
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
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
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
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
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
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
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
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
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
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
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
Subject: Lawyers responsibility for requested services
Summary: Lawyer who orders service for client is responsible for payment unless provider is advised in writing in advance