2009-176 to Present

Opinion #	Summary
CAL 2009-176	In a lawsuit prosecuted by Attorney A against Defendant, Client has a statutory right to seek an award of attorney's fees. Attorney B, Defendant's counsel, makes a settlement offer, conditioned on Client's waiver of his statutory right to attorney's fees, that is insufficient to compensate Attorney A for her fees. (1) May Attorney A bar the settlement notwithstanding Client's desire to accept it? (2) Does Attorney B violate any ethical obligation by recommending or conveying the fee waiver settlement offer in this case? (3) Does Attorney B violate any ethical obligation by recommending or conveying fee waiver settlement offers in cases generally?
CAL 2009-177	In what manner may an attorney maintain her rights in a charging lien when her former client demands that the attorney endorse a settlement check jointly payable to the client and his current and former attorneys without violating the requirement of rule 4-100 of the California Rules of Professional Conduct that the attorney promptly pay or deliver funds to which the client is entitled?
CAL 2009-178	Is it ethically proper for an attorney who is settling a fee dispute with a client to include a general release and a Civil Code section 1542 waiver in the settlement agreement? Does the existence of a legal malpractice claim against the attorney alter the ethical propriety of including a general release and section 1542 waiver in the settlement agreement?
CAL 2010-179	Does an Attorney violate the duties of confidentiality and competence he or she owes to a client by using technology to transmit or store confidential client information when the technology may be susceptible to unauthorized access by third parties?
CAL 2011-180	When does an attorney violate rule 4-400 of the California Rules of Professional Conduct by accepting a gift from a client?
CAL 2011-181	May consent under the “no contact” rule of California Rule of Professional Conduct 2-100 be implied, or must it be provided expressly? If consent may be implied, how is implied consent determined?
CAL 2011-182	1. When at the outset of representation it appears an attorney would need to serve a discovery subpoena for production of documents on another current client of the attorney or the attorney's law firm, may the attorney accept the representation of the new client and serve the discovery subpoena on the current client? 2. If doing so raises a conflict of interest, may the attorney seek informed written consent in order to accept the representation including possible service of the subpoena? 3. What obligations arise if an attorney seeks informed written consent?
CAL 2012-183	May an attorney disclose client confidences to her own attorney to evaluate a wrongful discharge action against her former firm and, in pursuing her claim, may she or her attorney publicly disclose those client confidences?
CAL 2012-184	May an attorney maintain a virtual law office practice (“VLO”) and still comply with her ethical obligations, if the communications with the client, and storage of and access to all information about the client’s matter, are all conducted solely through the internet using the secure computer servers of a third-party vendor (i.e., “cloud computing”)?
CAL 2012-185	In settling a dispute with a former client, may an attorney seek: (1) the former client's written representation that no State Bar complaint has been filed; (2) the former client's representation that he or she has no present intention to file a State Bar complaint; (3) the former client's written contractual agreement not to file a State Bar complaint against the attorney based on matters relating to or arising out of the representation; or (4) the former client's oral agreement not to file a State Bar complaint against the attorney based on matters relating to or arising out of the representation?
CAL 2012-186	Under what circumstances would an attorney's postings on social media websites be subject to professional responsibility rules and standards governing attorney advertising?
CAL 2013-187	Who is entitled to the refund of remaining advanced fees at the end of a case where fees were paid by a nonclient?
CAL 2013-188	If an attorney receives from a nonparty a confidential written communication between opposing counsel and opposing counsel's client, what should the attorney do if the attorney reasonably believes that the communication may not be privileged because of the crime-fraud exception to the attorney-client privilege?
CAL 2013-189	Has an attorney engaged in deceitful conduct by not alerting opposing counsel of: (A) an apparent material error made by opposing counsel in contract language; or (B) a material change made by the attorney in contract language?
CAL 2014-190	Upon the dissolution of a law firm, what duties does an attorney affiliated with the firm owe to a client on whose behalf he or she provided legal services if the attorney no longer will be representing the client following the dissolution? How does the fulfillment of those duties differ if the attorney had no connection with or knowledge of the client prior to dissolution of the firm? Do the steps an attorney may be required to take depend on the nature of the attorney’s position with the firm?
CAL 2014-191	If an attorney represents an individual as a debtor in a simple, no-asset Chapter 7 bankruptcy filing, while simultaneously representing one or more of the individual’s creditors in unrelated matters, is the attorney required by rule 3-310(C)(3) to obtain informed written consent from both parties?
CAL 2015-192	What information may an attorney ethically disclose to the court to explain her need to withdraw from a representation–particularly in the face of an order to submit to the court, in camera or otherwise, the substance of the attorney-client communications leading to the need to withdraw?
CAL 2015-193	What are an attorney’s ethical duties in the handling of discovery of electronically stored information?
CAL 2015-194	When an attorney is engaged in negotiations on behalf of a client, are there ethical limitations on the statements the attorney may make to third parties, including statements that may be considered “puffing” or posturing?
CAL 2016-195	What duties does a lawyer owe to current and former clients to refrain from disclosing potentially embarrassing or detrimental information about the client, including publicly available information the lawyer learned during the course of his representation?
CAL 2016-196	Under what circumstances is “blogging” by an attorney a “communication” subject to the requirements and restrictions of the Rules of Professional Conduct and related provisions of the State Bar Act regulating attorney advertising?
CAL 2019-197	What ethical obligations arise when lawyers in a law firm consult with outside counsel concerning matters related to the firm’s representation of a current client, such as the lawyer’s ethical compliance or a possible error by the law firm, and do those ethical obligations change if the lawyer consulted is a member of the same law firm as the consulting lawyer and serves as law firm in-house counsel?
CAL 2019-198	May an attorney who is required to withdraw from representing a client under rule 1.16(a), because the client’s claim lacks merit, ethically settle the action before withdrawing from the representation?
CAL 2019-199	What are an attorney’s ethical obligations regarding a profile of the attorney posted on a professional directory website maintained by a third-party?
CAL 2019-200	Issue #1: What are the attorney’s duties when the attorney suspects, but does not know, a client’s witness who is expected to testify at a civil trial has testified falsely at deposition in the case, albeit favorably, for the attorney’s client? Issue #2: What are the attorney’s duties when the attorney knows, rather than merely suspects, the same witness has committed perjury and yet the client instructs the attorney to use the witness’s known false testimony at the upcoming civil trial? Issue #3: The facts are the same as Issue #2, except the attorney first learns of the perjury after the witness has testified at trial. Thus, what are the attorney’s duties, if any, after attorney has gained knowledge of the witness’s perjury at trial, the client nonetheless has instructed the attorney to continue to use the perjured testimony in the remainder of the trial?
CAL 2020-201	What ethical obligations arise when a lawyer departs from her law firm?
CAL 2020-202	May a lawyer provide advice and assistance to a client with respect to conduct permitted by California's cannabis laws, despite the fact that the client's conduct, although lawful under California law, might violate federal law?
CAL 2020-203	What are a lawyer’s ethical obligations with respect to unauthorized access by third persons to electronically stored confidential client information in the lawyer’s possession?
CAL 2020-204	What ethical obligations arise when a lawyer represents a client whose case is being funded by a third-party litigation funder?
CAL 2021-205	1. When a prospective client has provided confidential information to an interviewing lawyer, may the interviewing lawyer disclose that information or use it to the prospective client’s disadvantage? 2. When the interviewing lawyer has received material confidential information from a prospective client, under what conditions is ethical screening available so that other lawyers in the lawyer’s law firm may represent other clients who are adverse to the prospective client in the same or substantially related matters? 3. To what extent can a prospective client give advanced informed written consent to permit other lawyers in an interviewing lawyer’s law firm to be adverse to a former prospective client in the same or substantially related matter in circumstances where the interviewing lawyer is screened from the representation but the precondition for screening in rule 1.18(d) has not been met because the interviewing lawyer did not take the “reasonable measures” required by that rule?
CAL 2021-206	What ethical obligations does a lawyer have when the lawyer or a lawyer in that lawyer’s law firm has violated, is violating, or will violate the Rules of Professional Conduct or the State Bar Act in the course of representing a client as a result of the lawyer’s possible mental impairment?
CAL 2021-207	What are the ethical obligations of a lawyer for a client with diminished capacity?
CAL 2023-208	What are a California lawyer’s ethical duties when working remotely?
CAL 2024-209	What are a lawyer’s ethical obligations to engage in succession planning?