Ethics Opinions

Ethics opinions are drafted by the State Bar of California’s Committee on Professional Responsibility and Conduct (COPRAC).

These advisory opinions address the ethical propriety of hypothetical attorney conduct. Although not binding, they are frequently cited in decisions of the California Supreme Court, the State Bar Court Review Department, and the Courts of Appeal.

Attorneys may also contact the Ethics Hotline, a telephone research service that assists attorneys with questions relating to their ethical responsibilities. The Ethics Hotline can be reached by calling 800-238-4427 (800-2-ETHICS) in California or 415-538-2150 or by submitting an Ethics Hotline Research Assistance Request Form.

Finding ethics opinions

  • The California Ethics Opinions Table categorizes California-published ethics opinions by subject matter on topics such as conflicts of interest and confidentiality, as well as other topics relevant to professional responsibility. The opinions table is meant to serve as a research aid and entry point into the full text of each opinion.
  • Alternatively, scroll down to view COPRAC’s full catalog of ethics opinions, listed in reverse chronological order starting with the most recent.
  • Can’t find an ethics opinions that addresses your issue? You may request a formal opinion by visiting the Opinion Requests page. Requests will be considered by the Committee on Professional Responsibility and Conduct.

Recent ethics alert

Recent practical guidance

Ethics opinions

Opinion #Summary
CAL 2026-210Flat Fees and Termination
CAL 2024-209Succession Planning
CAL 2023-208Ethical Obligations When Working Remotely
CAL 2021-207Clients with Diminished Capacity
CAL 2021-206Colleague Impairment
CAL 2021-205Duties to Prospective Client
CAL 2020-204Litigation Funding
CAL 2020-203Data Breach
CAL 2020-202Advising a Cannabis Business
CAL 2020-201Ethical Obligations When Departing Firm
CAL 2019-200Witness Perjury
CAL 2019-199Attorney Directory and Rating Websites
CAL 2019-198Settling Before Withdrawal
CAL 2019-197Seeking Advice About Current Clients
CAL 2016-196Attorney Blogging
CAL 2016-195Publicly Available Confidential Information
CAL 2015-194Puffing in Negotiations
CAL 2015-193Electronically Stored Information and Discovery Requests
CAL 2015-192Disclosure of Confidences at Motions for Withdrawal
CAL 2014-191In Rem Bankruptcy Proceedings
CAL 2014-190Dissolving Firm and Moving to New Firm
CAL 2013-189Deceitful Conduct
CAL 2013-188Unsolicited Email Correspondence
CAL 2013-187Third-Party Payor
CAL 2012-186Social Networking
CAL 2012-185Settling Dispute with Former Client
CAL 2012-184Virtual Law Offices
CAL 2012-183Duty of Confidentiality and Seeking Legal Advice
CAL 2011-182Directly Adverse with Another Client
CAL 2011-181Implied Consent Under "No Contact" Rule
CAL 2011-180Gift From Client
CAL 2010-179Data Breach
CAL 2009-178Settling Fee Dispute with Former Client
CAL 2009-177Jointly Payable Settlement Check
CAL 2009-176Fee-Waiver Settlement Offer
CAL 2008-175Successor Counsel Lien Duties
CAL 2007-174Return of Electronic Client Files
CAL 2007-173Private Will Depository/Registry
CAL 2007-172Fees Paid by Credit Card
CAL 2006-171Withdrawn Fees When Client Later Disputes
CAL 2006-170Charging Lien in Contingency Fee Agreement
CAL 2005-169Overdraft Protection; Withdrawal of Earned Fees
CAL 2005-168Implied Formation Through Communications Sent via Website
CAL 2004-167Firm Name Implies a Connection to Governmental Entities
CAL 2004-166Communications with Prospective Clients in Mass Disaster Internet Chatrooms
CAL 2004-165Appearance Attorneys
CAL 2003-164Implied Formation Through Radio Call-In Show
CAL 2003-163Representing Corporation and Corporate Officer Individually
CAL 2003-162Advocation of Civil Disobedience
CAL 2003-161Implied Formation in a Non-Office Setting
CAL 2002-160Settlement Authority/Right to Legal Fees When Client is Missing
CAL 2002-159Financing Representation Through Mortgage Loan on Client’s Real Property
CAL 2002-158Separation of Public Defenders Office into Different Branches
CAL 2001-157Former Client File Retention
CAL 2001-156Constituent Sub-Entities Positions are Antagonistic
CAL 2001-155Attorney Website Advertising
CAL 1999-154Investment Advisory Service Involving Legal and Non-Legal Advice
CAL 1999-153Representing Corporation and Shareholder A Against Shareholder B
CAL 1998-152Duties to Former Clients and Imputed Conflicts
CAL 1997-151Discovery Sanctions
CAL 1997-150Shared Office Space and Services
CAL 1997-149Non-Expert Witness Payment
CAL 1997-148Markets/Advises Estate Plans to the Public
CAL 1996-147Billing on Multiple Matters at Same Time
CAL 1996-146Advising or Assisting Violation of Law
CAL 1996-145Ascertaining Representation Status
CAL 1995-144Solicitation Through Investigatory Interviewing of Witnesses
CAL 1995-143Third Party Presentations Promoting a Lawyer’s Services
CAL 1995-142Targeted Mailings to Criminal Defendants
CAL 1995-141Rendering of Non-Legal Services to Client
CAL 1995-140Compensation From Insurance Agent to Whom Client is Referred
CAL 1995-139Matters Adverse to Insurer when Hired by Insurer to Represent Insured
CAL 1994-138Hiring of Outside Lawyer Not Specific to a Case
CAL 1994-137Receipt of Conflicting Instructions from Organization’s Partners
CAL 1994-136Attorney’s Fees Pursuant to Civil Rights Statutes
CAL 1994-135Structured Settlement Fee Agreements
CAL 1994-134Employment Terminated but Substitution of Counsel not Filed
CAL 1993-133Represent Formerly Adverse Party in Malpractice Claim Against Former Attorney
CAL 1993-132Director for Corporation but Facilitating Transaction for Another Client
CAL 1993-131Communications Between Represented Persons
CAL 1993-130Payment from Executor and Statutory Fees
CAL 1993-129Principal Law Firm and “Of Counsel” Representing Adverse Interests
CAL 1993-128Screening of Criminal Defense Attorney Who Previously Assisted in Prosecution
CAL 1992-127Release of Criminal Client File to Successor Counsel
CAL 1992-126Attorneys Organizing and Participating in Temporary Employment Agencies
CAL 1991-125Ex Parte Communication with Director of Organization
CAL 1991-124Letter Stating “All Available Legal Remedies Will be Pursued”
CAL 1989-116Mandatory Binding Arbitration Clause of Potential Malpractice Claim
CAL 1989-115Waiver of Client’s Right to Disqualify Attorney
CAL 1989-114Waving Statutory Fees as Part of Settlement in Civil Rights Action
CAL 1989-113Adversity to Wholly Owned Subsidiary
CAL 1989-112Institute Conservatorship Without Client's Consent
CAL 1989-111Answer Due and Client is Missing
CAL 1989-110Bankruptcy Trustee Communicating with Represented Bankruptcy Parties
CAL 1989-109Not Published
CAL 1989-108Arguing Different Sides of the Same Legal Question Before Same Judge
CAL 1989-107Not Published
CAL 1989-106Offer to Dismiss Criminal Charges Conditioned on Release from Civil Liability
CAL 1988-105Soliciting Personal Injury Victims by Phone or Mail and Waivers of Improper Solicitations
CAL 1988-104Restrictions on Lawyer’s Right to Practice
CAL 1988-103Paralegal Duties
CAL 1988-102Not Published
CAL 1988-101Interpleader
CAL 1988-100Communication with Discharged Juror
CAL 1988-99Not Published
CAL 1988-98Not Published
CAL 1988-97Lay Signatory on Client Trust Account
CAL 1988-96Disclosure of Client’s Past Misconduct
CAL 1987-95Disclosure of Excluded Evidence to Jurors After Trial  
CAL 1987-94Structured Settlements
CAL 1987-93Criminal Law Conflicts
CAL 1987-92Sexual Relationship With a Client
CAL 1987-91Insurance In-House Counsel to Represent Insureds
CAL 1986-90Disclosure of Stolen Property
CAL 1986-89“Of Counsel” Law Firm Relationships
CAL 1986-88Law Firm Designated as “Of Counsel” to Another Law Firm
CAL 1986-87Disclosure of Client’s Prior Criminal Conviction
CAL 1985-86Duties to Client When Law Firm Dissolves
CAL 1985-85Ex Parte Communication with Rehabilitation Consultant
CAL 1984-84Duties to Prospective Client
CAL 1984-83Public Defender and District Attorney are Married to One Another
CAL 1984-82Ex Parte Communication with Administrative Officials
CAL 1984-81Threatening to File EEOC Complaint
CAL 1984-80Attorney Representing Client While Further Serving as Tripartite Arbitrator
CAL 1984-79Client Enters Contingency Agreement with Firm for Expert Testimony
CAL 1984-78Ex Parte Communication with Trial Judge on Matter Reviewed by Higher Court
CAL 1984-77Inability to Communicate in Client’s Language
CAL 1984-76Disclosure of Evidence About the Crime
CAL 1983-75Referral Fee to Layperson
CAL 1983-74Client Perjury
CAL 1983-73Threatening Administrative or Disciplinary Charges
CAL 1983-72Contingency Fees Based on Value of Community Property
CAL 1983-71Authority of ABA Model Code on California Lawyer
CAL 1983-70Increasing Fees to Cover Fees Paid to Lawyer Referral Service
CAL 1982-69Real Estate Transaction Involving Legal and Non-Legal Services
CAL 1982-68Creditor Collection Matters
CAL 1982-67Mailing Advertisements
CAL 1982-66Using a “Trade Name” for a Law Office
CAL 1982-65Donation of Legal Services
CAL 1981-64Legal Services Program Funding Reduced or Terminated
CAL 1981-63Law Firm Represents Member of City Council While Representing Actions Against City
CAL 1981-62Notes or Liens as Security for Fees
CAL 1981-61Soliciting Business from Another Attorney Including In-House Counsel
CAL 1981-60Earned Fees Paid to Service Exchange
CAL 1981-59Representing Two Defendants in Separate and Unrelated Criminal Cases
CAL 1981-58Disclosure of Expert Opinion to Third Parties
CAL 1981-57Representing Client Against Clients of a Former Legal Partner
CAL 1981-56Arbitration Provision in Retainer Agreement
CAL 1981-55Attorney as Guarantor on a Client’s Cost Bond
CAL 1980-54Non-Targeted, Mailed Solicitations to Potential Business Clients
CAL 1980-53Interest Charged on Past Due Client Receivables
CAL 1980-52Public Defender Represents Client When their Former Client is a Witness
CAL 1979-51Public Agency Attorneys Labor Action
CAL 1979-50Nonattorney Disclosure of Client Confidences
CAL 1979-49District Attorney Communicating with Represented Defendant in Another Matter
CAL 1979-48Failure to Pay Reporter’s Fees
CAL 1977-47Malpractice Arbitration Agreements
CAL 1977-46Attorney-Council Member Conflicts
CAL 1977-45Welfare and Institutions Code 300 Conflicts
CAL 1977-44Participating in a Service Exchange
CAL 1977-43Communications with Public Official
CAL 1977-42Public Defender Soliciting Employment of Criminal Defendants
CAL 1976-41Representation of a Pretermitted Heir of Decedent’s Estate
CAL 1976-40Prosecutor Informing Crime Victim of Possible Civil Remedies
CAL 1976-39Communicating with Jurors After Trial
CAL 1976-38Advancing Litigation Costs
CAL 1976-37Disclosure of Confidences in Child Custody Case
CAL 1975-36Identity of Client Trust Account Funds
CAL 1975-35Legal Fees Paid by Criminal Organization
CAL 1975-34Division of Fees Following Dissolution of Firm
CAL 1975-33Communication with Adverse Party’s Physician
CAL 1975-32Professional Announcements in “Nonlegal Newspapers”
CAL 1974-31Not Published
CAL 1972-30Misleading Communications to Commence Trial
CAL 1972-29Participation in a TV Lecture Series to for Legal and Nonlegal Services
CAL 1971-28Not Published
CAL 1971-27Firm Name Indicating a Partnership None Exists
CAL 1971-26Not Published
CAL 1971-25Third Party Preservation of Client Confidences
CAL 1971-24Use of Professional Designation Symbol
CAL 1970-23Court Appointment to Represent Indigent Defendants
CAL 1970-22Joint Clients in Criminal Defense
CAL 1970-21Not Published
CAL 1970-20Misleading Firm Names
CAL 1969-19Advertising Materials
CAL 1969-18Lawyer and Consultant Partnership
CAL 1969-17Attorney Participation in Radio Programming
CAL 1968-16Delay of Litigation Until Fees are Paid
CAL 1968-15Attorney Becoming Affiliate Member of a Board of Realtors
CAL 1968-14Not Published
CAL 1968-13Solicitating Clients on Behalf of Organizational Client
CAL 1967-12Attorney as Private Professor
CAL 1967-11Duty of Candor to Opposing Counsel
CAL 1967-10Legal Advertising and Specialization
CAL 1967-9Not Published
CAL 1967-8Paid Political Advertising by Attorneys
CAL 1967-7Advertisements in Out-of-Town Telephone Directories
CAL 1967-6Not Published
CAL 1966-5Recording Telephone Conversations
CAL 1965-3Interview Manager of Adverse Party