Advisory Opinions
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Updated through December 14, 2012
REFEREES - (SeeJUDGES)
RELATIVES - (See CONFLICTS OF INTEREST; Disqualification of lawyers, CONFLICTS OF INTEREST, Relatives representing opposing parties; JUDGES, Relatives)
RESTRICTIVE COVENANTS
(see also DEPARTING
ATTORNEYS)
RETAINER - (See FEES)
Op. 94-13 attorney's participation in radio talk shows
Op. 88-30 legal services corporation attorney representing client in a real estate transaction
Op. 88-32 attorney for purchaser discussing matters prior to arrival of seller's attorney
Op. 90-9 lawyer concurrently representing a client as a lawyer and a realtor; lawyer for personal representative of estate acting as realtor in selling estate property
Op. 91-8 lawyer renting office space in real estate co-owned by judge and judge's spouse; appearing before judge
Op. 2002-1 law firm entering a business agreement to pay annual fee to a real estate agency and to offer discounted legal services to customers of the real estate agency in exchange for the agency promoting the law firm as a service provider in a real estate benefits program
REFEREES - (See JUDGES)
Op. 97-3 attorney's surreptitious recording of conversations with clients, opposing parties, opposing counsel, and others
Op. 2012-1 Surreptitious (Secret) Recording by Lawyers
Op. 87-4 lawyer sending letter to other lawyers requesting referrals
Op. 88-9 lawyer seeking referrals from organization involved in the adoption of special children/offering legal services at a discounted rate for handling adoptions
Op. 88-12 free consultation by lawyer as part of funeral director's package
Op. 89-8 lawyer or law firm participating in a legal services plan offering free consultation and discounted legal fees to members of various teachers' associations
Op. 89-25 legal aid society referring cases in which it has a conflict to volunteer lawyers' project
Op. 90-9 lawyer who is realtor recommending his or her legal services to real estate client
Op. 90-11 legal services attorney making in-person offer to represent indigent defendant who appeared in court without representation
Op. 91-7 lawyer referral service providing joint advertising and screening of potential client for referral to lawyers
Op. 91-17 lawyer requesting union representative to recommend attorney to union membership
Op. 91-19 lawyer receiving referrals from non-profit social service agency while providing pro-bono legal services to agency and making periodic voluntary contributions
Op. 91-26 lawyer contacting by mail an officer or manager of a business corporation regarding employment of lawyer for general representation
Op. 92-1 lawyer paying percentage of fees earned to bar association lawyer referral service
Op. 92-15 law firm assisting business corporation in sale of legal forms and advising corporation's clients
Op. 92-17 corporation referring clients to corporation's lawyer for private representations lawyer
Op. 94-11 financing company requiring attorney to prospectively agree to pay the company a percentage of a legal fee when earned in exchange for the company’s loan to client
Op. 94-11 financing company requiring attorney to prospectively agree to pay the company a percentage of a legal fee when earned in exchange for the company's loan to client
Op. 95-6 lawyer paying percentage of fees earned to non-profit organizations other than bar associations
Op. 98-1 lawyer receiving referrals from a group legal services plan established by the lawyer and offered through an organization formed and operated by the lawyer
Op. 99-3 attorney listed in online directory of professional association; links from attorney's name attorney's e-mail address or law firm web site; links from online membership directory of a professional association to another related association; link does not constitute a referral unless facts indicate it is a referral
Op. 99-7 law firm does not become a lawyer referral service by referring clients it cannot competently handle to another law firm
Op. 2000-1 lawyer accepting a referral fee from a financial services group for referring clients in need of financial services
Op. 2000-5 attorney participating as a "referral affiliate attorney" for an online referral service that requires the attorney to pay the service a percentage of legal fees earned from the clients referred
Op. 2001-2 lawyer contacted by a law-related commercial Web site that offers to make available the attorney's name, address, phone number, area of practice to potential clients in exchange for the attorney providing compensation to the company; payment for advertisement versus payment for referral; assisting in the unauthorized practice of law
Op. 2002-1 law firm entering a business agreement to pay annual fee to a real estate agency and to offer discounted legal services to customers of the real estate agency in exchange for the agency promoting the law firm as a service provider in a real estate benefits program
Op. 2002-11 lawyer participating in a group legal services plan paid for by a church to provide estate planning services at no cost to church members
Op. 2003-1 law firm's representation of buyers or sellers of business entities; laws firm's assistance in locating buyers or sellers through the law firm or through ancillary business; law firm's referrals to business broker; law firm's referrals to lenders; law firm's fee based on percentage of transaction price; law firm sharing fee with business broker
Op. 2004-1 unsolicited commercial e-mail advertising of legal services by lawyers, lawyer advertising services, or lawyer referral services
Op. 04-9 attorney sending letter to chiropractor asking to meet to provide information regarding the attorney’s legal services; mutual referral agreements; self-recommendation
Op.88-35 lawyer performing legal services during time period when delinquent in paying registration
Op.89-26 lawyer with "inactive" registration status rendering free legal services to church members; "inactive" registration status while serving as judicial clerk
Op. 91-1 retiring lawyer with "inactive" registration status being listed in law directory; exemption from continuing legal education requirements; receiving compensation from law firm other than retirement benefits
Op. 91-18 retiring attorney with "inactive" or "retired" registration status including name in firm name, listing name on letterhead, having of counsel relationship
Op. 92-4 attorney with "inactive" or "retired" registration status serving on certified grievance committees; lecturing on legal subjects at CLE programs; performing duties of paralegal or student law clerk; serving on boards and commissions
Op. 96-3 attorney with inactive registration status continuing to hold shares in a legal professional association; attorney with inactive registration status name in firm name; retired attorney's name in firm name
Op. 2008-1 lawyer in law firm serving as “of counsel” to another lawyer or law firm; ethical implications of the “of counsel” relationship as to registration status, firm names and letterhead, division of fees, conflicts of interest, multiple “of counsel” relationships; and “of counsel” relationship with out-of-state lawyers or law firms
RELATIVES - (See CONFLICTS OF INTEREST; Disqualification of lawyers, CONFLICTS OF INTEREST, Relatives representing opposing parties; JUDGES, Relatives)
RESTRICTIVE COVENANTS
(see also DEPARTING
ATTORNEYS)
Op. 90-14 employment agreement restricting the right of a lawyer to practice law after termination
Op. 91-3 departing associate paying fees to firm
RETAINER - (See FEES)
Op. 91-1 retired attorney with inactive status registration; exemption from CLE; listing in law list or directory; reference to self as inactive partner; payment pursuant to separation or retirement agreement
Op. 91-18 attorney with retired or inactive registration status; name in firm name; name on letterhead; "of counsel" relationship
Op. 92-4 attorney with retired or inactive registration status; serving on certified grievance committees; lecturing on legal subjects at CLE programs; performing duties of paralegal or student law clerk; serving on boards and commissions
Op. 96-3 attorney with inactive registration status continuing to hold shares in a legal professional association; attorney with inactive registration status name in firm name; retired attorney's name in firm name
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