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: 1.2;
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 counse
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 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.
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 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
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 1.2; 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
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
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: Lawyers responsibility for requested services
Summary: Lawyer who orders service for client is responsible for payment
unless provider is advised in writing in advance