Advisory Opinions

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Updated through Oct. 9, 2009

SAFEKEEPING FUNDS AND PROPERTY OF CLIENT AND THIRD PERSONS

SALE OF LAW PRACTICE

SCREENING - (See CONFLICTS OF INTEREST)

SURREPTITIOUS RECORDING

SEMINARS

SETTLEMENT

SOLICITATION - (See ADVERTISING AND SOLICITATION; REFERRALS AND RECOMMENDATIONS)

SPECIALIZATION - (See ADVERTISING AND SOLICITATION)

SPEECH
(See also JUDGES; SEMINARS)

SPOUSES - (See CONFLICTS OF INTEREST; Disqualification of lawyers, CONFLICTS OF INTEREST, Relatives representing opposing parties; JUDGES, Relatives)

SUPERVISION OF LAWYERS AND NONLAWYERS

SUSPENDED/DISBARRED LAWYER


SAFEKEEPING OF FUNDS AND PROPERTY OF CLIENT AND THIRD PERSONS

Op. 2007-7 safekeeping funds of a third person when lawyer knows a third person has a lawful claim to funds in the lawyer’s possession

SALE OF LAW PRACTICE

Op. 92-19 Link opens new window. sale of client files and lists

Op. 2002-12 attorney’s transfer of shares in a legal professional association to an irrevocable trust for the benefit of individuals not licensed to practice law

SCREENING - (See CONFLICTS OF INTEREST)

SURREPTITIOUS RECORDING

Op. 97-3 Link opens new window. attorney's surreptitious recording of conversations with clients, opposing parties, opposing counsel, and others

SEMINARS

Op. 87-7 Link opens new window. advertising and conducting seminar

Op. 92-14 Link opens new window. referees and magistrates soliciting or accepting financial support for annual educational meeting

Op. 94-13 Link opens new window. advertising, sponsoring, co-sponsoring, acceptance of employment from legal seminars; radio talk shows

SETTLEMENT

Op. 90-1 Link opens new window. confidentiality in settlement agreement; duty to report attorney misconduct

Op. 95-12 Link opens new window. payment of all settlement funds to client despite client's agreement with physician to pay medical expenses out of proceeds and attorneys promise to do so

Op. 96-2 Link opens new window. attorney for tortfeasor's insurer preparing application for guardianship appointment and application for approval of settlement of the minor's claim and appearing in court for final approval of the settlement when minor and minor's parents are unrepresented by counsel during negotiation and settlement of the minor's injury claim

Op. 2002-7 Link opens new window. advertising that lists settlement or verdict amounts obtained in past cases

Op. 2003-2 Link opens new window. providing statistics to attorneys, business clients, and potential clients regarding the number of intellectual property matters won, lost, and settle by the law firm

Op. 2004-2 Link opens new window. attorney, upon reaching settlement agreement in a client’s legal matter, selling or assigning his or her legal fee to a funding company in exchange for immediate cash at a small discount to the full value of the legal fee

Op. 2007-7 Link opens new window. safekeeping funds of a third person when lawyer knows third person has a lawful claim to funds in the lawyer’s possession

SOLICITATION - (See ADVERTISING AND SOLICITATION; REFERRALS AND RECOMMENDATIONS)

SPECIALIZATION - (See ADVERTISING AND SOLICITATION)

SPEECH
(See also JUDGES; SEMINARS)

Op. 88-25 Link opens new window. prosecutor's speech regarding a criminal matter

SPOUSES - (See CONFLICTS OF INTEREST; Disqualification of lawyers, CONFLICTS OF INTEREST, Relatives representing opposing parties; JUDGES, Relatives)

SUPERVISION OF LAWYERS AND NONLAWYERS

Op. 2008-7 Link opens new window. employment of disqualified (disbarred or resigned with discipline pending) or suspended attorney

Op. 2009-6 Link opens new window. outsourcing legal or support services domestically or abroad, either directly to lawyers or nonlawyers or indirectly through an independent service provider; disclosure; supervision; billing as fee or expense

SUSPENDED/DISBARRED LAWYER

Op. 89-2 Link opens new window. sharing fees with suspended or disbarred lawyer

Op. 89-18 Link opens new window. files of deceased, suspended, or disbarred lawyer

Op. 90-6 Link opens new window. suspended or disbarred lawyer as law clerk

Op. 2008-7 Link opens new window. employment of disqualified (disbarred or resigned with discipline pending) or suspended attorney