Advisory Opinions
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Updated through Dec. 14, 2011
SAFEKEEPING FUNDS AND PROPERTY OF CLIENT AND THIRD PERSONS
SCREENING - (See CONFLICTS OF INTEREST)
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
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
Op. 92-19 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)
Op. 97-3 attorney's surreptitious recording of conversations with clients, opposing parties, opposing counsel, and others
Op. 87-7 advertising and conducting seminar
Op. 92-14 referees and magistrates soliciting or accepting financial support for annual educational meeting
Op. 94-13 advertising, sponsoring, co-sponsoring, acceptance of employment from legal seminars; radio talk shows
Op. 90-1 confidentiality in settlement agreement; duty to report attorney misconduct
Op. 95-12 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 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 advertising that lists settlement or verdict amounts obtained in past cases
Op. 2003-2 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 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 safekeeping funds of a third person when lawyer knows third person has a lawful claim to funds in the lawyer’s possession
Op. 2010-6 lawyer entering into a contingent fee agreement whereby client grants lawyer a power of attorney to take any action and execute all documents the attorney deems necessary in the matter, including but not limited to signing on the client’s behalf a settlement agreement and release, a settlement check, or a closing statement
Op. 2011-1 plaintiff's lawyer personally agreeing, as a condition of settlement, to indemnify the opposing party from any and all claims by third persons to the settlement funds; lawyer proposing or requiring, as a condition of settlement, that a plaintiff's lawyer make a personal agreement to indemnify the opposing party from any and all claims by third person to the settlement funds
SOLICITATION - (See ADVERTISING AND SOLICITATION; REFERRALS AND RECOMMENDATIONS)
SPECIALIZATION - (See ADVERTISING AND SOLICITATION)
SPEECH
(See also JUDGES; SEMINARS)
Op. 88-25 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 employment of disqualified (disbarred or resigned with discipline pending) or suspended attorney
Op. 2009-6 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
Op. 89-2 sharing fees with suspended or disbarred lawyer
Op. 89-18 files of deceased, suspended, or disbarred lawyer
Op. 90-6 suspended or disbarred lawyer as law clerk
Op. 2008-7 employment of disqualified (disbarred or resigned with discipline pending) or suspended attorney