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2008-03
|
| Lawyers' Trust Account Obligations With Regard to Retainers and Set Fees |
|
|
2008-02
|
| Part-time Judges; Part-time Assistant District Attorneys and Imputed Disqualification |
|
|
2008-01
|
| Advertising ability to communicate in a foreign language |
|
|
2007-05
|
| Ethical issues involved in lawyers use of pre-litigation pretexting |
|
|
2007-04
|
| Corporation and Individual Directors |
|
|
2007-03
|
| Ethical propriety of using temporary lawyers |
|
|
2007-02
|
| Ethical Propriety of Mining Metadata |
|
|
2007-01
|
| Liability insurers using staff counsel to represent its insureds |
|
|
2006-01
|
|
Direct solicitation of former and present clients |
|
|
2005-02
|
|
Billing Client for Attorney's Fees, Costs and Other Expenses |
|
|
2005-01
|
|
City attorney who is also defense attorney in city court has waivable conflict of interest |
|
|
2003-03
|
|
Communication with represented government officials permitted |
|
|
2003-02
|
|
Attorney must honor commitment to pay client's creditors even if client objects |
|
|
2003-01
|
|
Various Advertising Issues Addressed |
|
|
2002-04
|
|
Attorney fee contract may require binding arbitration only if client is independently represented in making the agreement |
|
|
2002-03
|
|
Contact permited with employees of opposing party who are non-managerial, who are not responsible for act for which opposing party could be liable and who have no authority to make decisions about the litigation |
|
|
2002-02
|
|
Affiliation agreements with foreign lawyers are ethically
permissible |
|
|
2002-01
|
|
Imputed Disqualification of Law Firms When Nonlawyer
Employees Change Firms
|
|
|
2001-01
|
|
Attorney may barter legal services in exchange for services
from other professionals and may refer clients to other
professionals subject to certain conditions |
|
|
2000-03
|
|
Former city attorney may not represent party adverse to city while also representing city officials in unrelated matters without consent of city |
|
|
2000-02
|
|
Attorney appointed guardian ad litem is ethically
prohibited from communicating ex parte with trial judge
concerning any substantive issue before the court. |
|
|
1999-04
|
|
Impermissible conflict exists where law firm sells pre-paid
legal insurance policies and also provides insureds with
legal services required under the policies. |
|
|
1999-03
|
|
Law partners of substitute municipal judge may represent
clients in municipal court provided said matters are
completely unrelated to those wherein partner presided
as substitute judge
|
|
|
1999-01
|
|
Attorney may not pay for advertising of another attorney in
exchange for referrals
|
|
|
1998-02
|
|
Third party auditing of lawyer's billings - confidentiality
problems and interference with representation. |
|
|
1998-01
|
|
Contingency fee contract in collection of child support
arrearage cases impermissible absent extraordinary
circumstances.
|
|
|
1997-02
|
|
An attorney may pay an expert witness a reasonable and
customary fee for preparing and providing expert testimony,
but the expert's fee may not be contingent on the outcome
of
the proceeding. |
|
|
1997-01
|
|
Participation in National Attorney Network |
|
|
1996-09
|
|
Alabama lawyers may form limited liability partnership with
other lawyers or professional corporations for practice of
law |
|
|
1996-08
|
|
Employment of suspended or disbarred lawyer by lawyer or
law firm (Modified by Rule 26(h), Ala. Rules of Dis. Proc.) |
|
|
1996-07
|
|
Alabama Rules of Professional conduct apply to lawyer
advertising on the Internet and private on-liner services |
|
|
1996-06
|
|
Law firms not required to notify respective clients that
one
firm is representing the other if the attorneys involved
determine such will not adversely affect their
relationships
with their clients |
|
|
1996-05
|
|
Direct mail advertising |
|
|
1996-03
|
|
Law firm may represent multiple plaintiffs against same
defendant if different plaintiffs' interests are not
adverse
to or compete with one another |
|
|
1996-02
|
|
DHR and Title IV-D service recipients--attorney represents
agency and has no attorney-client relationship with service
recipients (Modifies RO-87-57) |
|
|
1996-01
|
|
A lawyer may not charge contingent fee in domestic
relations
matter--prohibition also applies to representation
concerning antenuptial agreement which is inseparable from
divorce proceedings |
|
|
1995-10
|
|
Lawyer may prosecute criminal defendant being represented
by
lawyer's brother only if both the district attorney's
office
and the brother's client consent to such representation |
|
|
1995-09
|
|
Lawyer's obligation to comply with confidentiality of
information rule and client's adherence to Sunshine Law
(open meetings act) discussed |
|
|
1995-08
|
|
Local bar association referral service may utilize
percentage fee program if income thereby generated is used
to defray costs of program or to support other public
service programs |
|
|
1995-07
|
|
Lawyer may not represent criminal defendant where only
eye-witness to crime is former client of lawyer about whom
lawyer possesses impeaching confidential information gained
during prior representaion |
|
|
1995-06
|
|
Lawyer may seek appointment of guardian for client under a
disability, or take other protective action necessary to
advance best interest of client |
|
|
1995-03
|
|
Lawyer may seek appointment of a guardian or take other
protective action if lawyer reasonably believes that client
cannot adequately act in client's own interest |
|
|
1995-02
|
|
In-house counsel for finance/title company may not remit
attorney fees to company as such constitutes division of
fees with nonlawyer |
|
|
1994-14
|
|
Former commissioner of state agency now representing
plaintiffs in case adverse to said agency |
|
|
1994-13
|
|
Lawyer who has formerly represented a client may not
represent another person in the same or a substantially
related matter where the present client's interests are
materially adverse to the former client |
|
|
1994-12
|
|
Lawyer's communicating on letterhead and business cards
fact
that he has been certified as an arbitrator by the American
Arbitration Association does not violate Rules 7.1 and 7.7 |
|
|
1994-11
|
|
Lawyer representing managerial employees of opposing party
in unrelated matter may communicate ex parte only as to
those matters wherein he represents said employees and not
as to the other pending matter |
|
|
1994-10
|
|
District attorney (and assistants) not vicariously
disqualified even though newly employed assistant has
participated in criminal cases as defense counsel so long
as
new assistant is adequately "screened" from participation |
|
|
1994-09
|
|
Lawyer may not disclose confidential information without
consent of client--where client perpetrates fraud and such
is ongoing lawyer should withdraw if client refuses to
remedy fraud |
|
|
1994-08
|
|
For Rule 1.7 purposes, lawyer retained by insurance company
to defend action against insured represents the insured as
well as the insurance company |
|
|
1994-07
|
|
Reasonableness of lawyer's percentage fee in foreclosure
case must take into consideration factors enumerated in
Rule
1.5 |
|
|
1994-04
|
|
Lawyer may communicate ex parte with employees of adverse
party if employees do not have managerial responsibility
and
are not in a position to bind employer in civil or criminal
matter |
|
|
1994-03
|
|
Lawyer representing collections agency in pursuing child
support arrearage for custodial parents must guard against
fee-splitting with nonlawyer and possible solicitation by
agency of prospective clients |
|
|
1994-02
|
|
Guidelines for billing by lawyers for professional fees,
disbursements, and other expenses (Adoption of ABA Formal
Opinion 93-379) |
|
|
1994-01
|
|
In-house counsel for banking company conducting real estate
closings--division of fees with nonlawyers and possible
unauthorized practice of law problems |
|
|
1993-23
|
|
Law firm may not establish a separate and distinct law firm
and pay for advertising and other operating expenses in
return for the referral of cases from said firm
(Modified by RO-99-01) |
|
|
1993-22
|
|
Rule 1.11 applied to state agency conducting grand jury
investigation and pursuing civil action against same party |
|
|
1993-21
|
|
Lawyer may not characterize a fee as non-refundable or use
other language in a fee agreement that suggests that any
fee
paid before services are rendered is not subject to refund
or adjustment |
|
|
1993-20
|
|
Rule 5.4 prohibits fee-splitting with non-lawyer, but
lawyer
may pay a non-lawyer for services rendered to the lawyer |
|
|
1993-19
|
|
Lawyers may utilize "LAWCARD" as method of payment by
clients for past or future legal fees |
|
|
1993-16
|
|
Alabama lawyers may utilize provisions of Alabama Limited
Liability Company ("LLC") Act for organization of law firm |
|
|
1993-15
|
|
Law firm endorsed by union may purchase ad in union
directory and may provide business cards of law firm's
lawyers for dissemination to union members |
|
|
1993-14
|
|
Propriety of law firm's representation of children who are
wards of the Department of Human Resources while also
representing DHR discussed |
|
|
1993-13
|
|
Assistant attorney general assigned to state agency owes
duty of loyalty to attorney general and state agency which
duty may create conflict where attorney general and agency
head are adverse to one another |
|
|
1993-12
|
|
Rule 8.4(e) prohibits an attorney who serves as a hearing
officer for a state agency to likewise represent clients
before that same state agency |
|
|
1993-11
|
|
Use of the terms "Associates", "Law Firm", and "Law
Offices" in law firm name |
|
|
1993-10
|
|
Retention and destruction of client files |
|
|
1993-09
|
|
Part-time assistant district attorney's representation of
homicide victim's estate discussed under Rule 1.11 |
|
|
1993-08
|
|
Lawyer's brochure should not include amount of a damage
award or lawyer's record in obtaining favorable verdicts |
|
|
1993-06
|
|
Lawyer's obligation under Rule 3.3 to disclose adverse
information in administrative proceeding discussed |
|
|
1993-05
|
|
Rule 4.2 does not prohibit plaintiff's counsel from
contacting former employees of a corporate defendant |
|
|
1993-04
|
|
Judge in uncontested divorce may not thereafter represent one of the parties in related proceedings |
|
|
1993-03
|
|
Lawyer changing firms |
|
|
1992-23
|
|
Law firm's paying of advertising budget of solo
practitioner who refers cases to law firm discussed
(Modified by RO-99-01) |
|
|
1992-22
|
|
Partner of city coucilman serving as city prosecutor |
|
|
1992-21
|
|
Law firm cannot represent client in matter adverse to present client absent consultation/consent of present client |
|
|
1992-20
|
|
Lawyer may represent subsidiary of corporation while simultaneously suing parent company if subsidiary and parent are separate corporate entities, confidential information will not be misused, and representation of subsidiary is not limited by the litigation involving the parent |
|
|
1992-18
|
|
Attorney who served as DA when defendant investigated/indicted should not represent that defendant on said charges |
|
|
1992-17
|
|
(1) Non-refundable retainers discussed
(2) In abiding by client's decision regarding settlement,
lawyer may participate in confidential settlement even
though there may be possibility of adverse consequences
on third parties or the public |
|
|
1992-15
|
|
Dormant collection matter |
|
|
1992-14
|
|
Single disclaimer for multiple ads |
|
|
1992-13
|
|
Fee-splitting with non-lawyer |
|
|
1992-12
|
|
Lawyer may contact former employee of opposing party ex
parte unless contact is intended to deal with privileged
matter |
|
|
1992-09
|
|
Duty to report judge's conduct |
|
|
1992-06
|
|
National Board of Trial Advocacy |
|
|
1992-05
|
|
Absent valid attorney's lien, the file of the client
belongs to the client |
|
|
1992-04
|
|
Withdrawal allowed when client refuses to cooperate with or follow advice of attorney |
|
|
1992-03
|
|
Representing minor on criminal charge and minor's parents in dependency hearing |
|
|
1991-44
|
|
District Attorney's Office may prosecute criminal defendant where defendant is victim and prosecuting witness in another case |
|
|
1991-43
|
|
Attorney Hotline |
|
|
1991-42
|
|
Suit against former client |
|
|
1991-41
|
|
Representing DHR and a client regarding a founded complaint of child abuse |
|
|
1991-40
|
|
No conflict created through kinship by blood or marriage between attorneys |
|
|
1991-39
|
|
District attorney representing himself, pro se, in a civil matter |
|
|
1991-19
|
|
Rule 3.7-- Lawyer as a witness |
|
|
1991-08
|
|
Law firm may not "choose" between conflicting present
clients and withdraw from representation so as to relegate
one present client to "former client" status in order to
take advantage of less stringent conflict rules |
|
|
1991-06
|
|
Required notice to client when attorney leaves law firm
|
|
|
1991-05
|
|
Lawyer may enter into contingent fee agreement to collect
child support arrearage where client is unable to
pay reasonable attorney's fee on a non-contingent basis
(Modified by RO-98-01) |
|
|
1990-99
|
|
Dual representation of insurance company and
insured when coverage is questioned |
|
|
1990-92
|
|
Disclosure of file contents pursuant to
subpoena by client |
|
|
1990-86
|
|
Contingent fee - attorney lien - quantum meruit |
|
|
1990-85
|
|
Lawyer's "selling" of his collections practice files to
collections agency in which he has financial interest
discussed |
|
|
1990-79
|
|
Lawyer may not communicate with employee of opposing party
if employee has managerial responsibility on behalf of the
opposing party and can bind the opposing party |
|
|
1990-48
|
|
Lawyer properly interplead disputed trust funds into court
to allow adjudication of clients' and third-party
creditors'
rights to said funds |
|
|
1990-12
|
|
Payment of lawyer's fees by third party must
not impair independent professional judgment of
lawyer |
|
|
1990-11
|
|
Lawyer does not have ethical obligation to advise client to file bar grievance against former lawyer who may be guilty of legal malpractice. Lawyer has obligation to report ethical misconduct to tribunal of disciplinary authority. |
|
|
1990-100
|
|
Lawyer or law firm operating under trade name must include
trade name in all other permissible communications made
pursuant to Rule 7, A.R.P.C. |
|
|
1990-09
|
|
Review of lawyer brochure--applicable rules (Code of
Professional Responsibility) governing advertising quoted |
|
|
1990-08
|
|
Unclaimed client trust funds--lawyer's obligation to
ascertain true owner, escheatment of unclaimed funds which
appear to be lawyer's fees to lawyer |
|
|
1990-06
|
|
Representation of corporation by lawyer who is also a
director, office and shareholder of the corporation |
|
|
1990-05
|
|
Imputed disqualification rule as applied to district
attorneys and part-time district attorneys handling child
support arrearage (Title IV/DHR) cases involving former
clients |
|
|
1990-04
|
|
Law students providing legal research services to lawyers
and law firms |
|
|
1990-03
|
|
Lawyer should not undertake representation of client in
matter adverse to former client which matter is
substantially related to prior representation and where
lawyer gained confidential information which may be used to
detriment of former client. |
|
|
1990-02
|
|
Suspended or disbarred lawyer may receive, subsequent to
the
date of his suspension or disbarment, legal fees to which
he
was entitled for work performed prior to his suspension or
disbarment. |
|
|
1990-01
|
|
Business cards of paralegal must contain identification of
the non-lawyer employee as "non-lawyer assistant." |
|
|
1989-99
|
|
Representing buyer and seller in real estate transaction |
|
|
1989-31
|
| Use of investigator to obtain evidence against adverse party |
|
|
1988-92
|
|
Unclaimed client trust funds - escheat to state |
|
|
1988-52
|
|
Lawyer may utilize names of clients in "tombstone
announcements" if clients consent to such use. |
|
|
1988-34
|
|
Lawyer may contact employee of opposing party without
notice
or permission of opposing counsel if employee
(1) can't bind adverse party by his or her testimony; (2)
is
not executive officers/managers of adverse party; or, (3)
is
not actually tortfeasor for whose conduct the adverse party
could be held liable. |
|
|
1987-158
|
|
Referrals from credit bureau partially owned by attorney. |
|
|
1986-52
|
|
Limitations on in-house counsel of corporation who is not
admitted to practice law in Alabama |
|
|
1986-02
|
|
Subject to attorney's lien, attorney must provide copies of client's complete file to client upon request |
|
|
1984-190
|
|
Lawyer who serves as municipal judge may represent city police officer in possible criminal and civil proceedings involving officer's alleged misconduct if lawyer has no judicial role in any related facet of case(s). |
|
|
1983-77
|
|
Payment to investigator for locating witnesses and documents relevant to lawsuit |
|
|
1983-183
|
|
Absent fraud or deceit it is not unethical, per se, for an
attorney who is a party to a conversation with any person
to
make a recording of the conversation without prior
knowledge
and consent of all the parties thereto. |
|
|
1982-648
|
|
Lawyer's representation of clients in civil and criminal matters affected by lawyer's serving as city prosecutor |
|
|
1982-591
|
|
Lawyer's representation of co-plaintiffs in civil litigation where there are sufficient assets to settle all potential claims |
|
|
1981-533
|
|
In-house counsel for insurance carrier may represent
insureds, subject to certain conditions |
|
|
1987-161
|
|
Dual professions - attorney and real estate broker. |
