Your Client is Making a Terrible Decision. Now What?
Earlier this year, we wrote about the ABA’s substantial revision of Model Rule 1.14. The ABA replaced the familiar concept of a client with “diminished capacity” with a client who …
Fees Aren’t the Only Thing Clients Owe You: ABA Formal Opinion 523
We write often about the importance of the details in engagement agreements and how they can protect lawyers and their clients down the road. The best engagement agreements are detailed, …
When You Know the Judge Should Recuse: ABA Formal Opinion 522
ABA Formal Opinion 522 addresses a practical question litigators sometimes face: what must a lawyer do when the lawyer has reason to believe the judge should be disqualified? The opinion’s basic …
What Must Lawyers Surrender at the End of Representation?
When a lawyer’s representation ends, what documents must be surrendered to the client? Washington State’s Advisory Opinion 202401 (2024) revisits this common question under Rule 1.16(d)—and provides some of the clearest, most …
The New ABA Opinion Every Mediator Should Read
When a lawyer steps into the role of mediator, the ethical ground shifts. The American Bar Association’s newest guidance—Formal Opinion 518 (Oct. 15, 2025)—makes that clear: don’t let anyone think you’re …
Can a Lawyer Agree to a Gag Clause in a Settlement? Not If It Restricts the Right to Practice, Says Texas Ethics Opinion 708
In Ethics Opinion No. 708, published in May of 2025, the Professional Ethics Committee for the State Bar of Texas considered two increasingly common provisions in client settlement agreements. See Tex. …
Referral Fees Disguised as Admin Pay? NYSBA Says No
On February 20, 2025, the New York State Bar Association formally issued Ethics Opinion 1279, addressing whether a lawyer could lawfully pay non‑lawyers—such as friends or family—a flat fee for completing administrative tasks …
When Peremptory Challenges Cross the Ethics Line During Jury Selection
The ABA’s Formal Opinion 517, issued July 9, 2025, draws a clear line in the sand: if a lawyer uses a peremptory strike based on race, gender, or another protected characteristic—and …
When Can You Walk Away? ABA Opinion Clarifies Rule 1.16(b)(1)
In Formal Opinion 516, the ABA’s Standing Committee on Ethics and Professional Responsibility tackles a common but tricky question: When can a lawyer voluntarily withdraw from representing a client without …
Colorado Ethics Panel: Judges Cannot Drive Vehicles Advertising Spouse’s Law Firm
On April 17, 2025, the Colorado Judicial Ethics Advisory Board published an advisory opinion opining that a judge may not drive a vehicle displaying his wife’s law firm logo, nor …