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Opinions 2-209 are available in the District of Columbia Code of Professional Responsibility and Opinions of the D.C. Bar Legal Ethics Committee (1991 Edition) that is available in PDF form for free download here. Please be aware that Opinions 2-209 interpret the D.C. Code of Professional Responsibility that was in effect in the District of Columbia prior to January 1, 1991. As a very general matter, the older ethics opinions continue to provide some valid guidance, particularly to the extent that the language (interpreted in the ethics opinion) from the D.C. Code was subsequently adopted in the D.C. Rules of Professional Conduct, and no subsequent ethics opinions have analyzed the language of the D.C. Rules in a different light. In some instances, amendments to the D.C. Rules or other law may affect substantive changes to these older opinions.
Opinions 210 to present can be found here. They are also available in the D.C. Rules of Professional Conduct which is available for download here.
The titles of Opinions 2-209 are listed below.
| Opinion 209: | Multiple Representation; Duty to Maintain Files for Benefit of All Clients. |
| Opinion 208: | Calculation of Attorneys Fees in Structured Settlements |
| Opinion 207: | Settlement Offers in Public Interest Litigation Conditional On Waiver Of Statutory Fees |
| Opinion 206: | Lawyer's Obligation to Return Former Client's Documents to the Former Client or Dispose of Former Client Files in a Manner that Does not Prejudice the Former Client's Interests. |
| Opinion 205: | Joint Dismissal of Cross-Appeals of an Uncontested Divorce |
| Opinion 204: | Participation in Agency Rulemaking |
| Opinion 203: | Employment as the Lawyer's Investigator of Union Representative who Refers Cases to the Lawyer |
| Opinion 202: | Propriety Of A Contingent Fee In The Sale Of Literary Rights Where The Lawyer Also Provides Representation In The Underlying Matter |
| Opinion 201: | Fee Sharing Arrangement of a Lawyer Referral Service Operated by a Non-Profit Legal Services Organization |
| Opinion 200: | Retention of Attorneys' Fees Paid By Client From Proceeds of Embezzlement |
| Opinion 199: | Communicating with Adverse Party |
| Opinion 198: | Propriety of lncluding "No-Fault" Personal Injury Protection Payments as Part of the Fund Subject to a Contingent Fee Agreement With a Client |
| Opinion 197: | Use Of The Term "Of Counsel;" Division of Fees |
| Opinion 196: | Financial Assistance For Client |
| Opinion 195: | Assignment of Rights to Invention to Secure Payment of Fee for Services Rendered in Prosecuting Patent Application |
| Opinion 194: | Restricting A Lawyer's Ability To Practice Law |
| Opinion 193: | Limiting Liability to One's Client |
| Opinion 192: | Use Of Terms "Associated With" And "Correspondent Firm" |
| Opinion 191: | Propriety or Lawyer Retaining Files During Fee Dispute |
| Opinion 190: | Propriety Of Inclusion Of A Provision In A Retainer Agreement Requiring Arbitration |
| Opinion 189: | Name of Law Firm With One Attorney; Public Representations Regarding Non-Resident Attorney |
| Opinion 188: | Newspaper Advertisements |
| Opinion 187: | Representation Of Client In Challenging Agency Rules For Which Attorney Was Responsible While In Government |
| Opinion 186: | Disclosure of Client Confidences and Secrets |
| Opinion 185: | Billing for Disbursements |
| Opinion 184: | Assessment of a Fee for Processing of Administrative Claims Under the D.C. No-Fault Act |
| Opinion 183: | Professional (Business) Cards |
| Opinion 182: | Attorneys Loaned to a Law Firm by a Lay Organization |
| Opinion 181: | Restrictions on a Lawyer's Ability to Practice Law |
| Opinion 180: | Disclosure of Client Confidences and Secrets to Investigating Authorities |
| Opinion 179: | Equity Interest in Client's Business in Lieu of Cash Fees for Representation in a Licensing Proceeding |
| Opinion 178: | Attorney's Communications With One With an Adverse Interest |
| Opinion 177: | "Revolving Door": Personal and Substantial Participation |
| Opinion 176: | Ethical Propiety of Union Attorneys' Receiving a Market Value Fee Award |
| Opinion 175: | Consecutive Representation of Potentially Adverse Clients and Use of Legal Theories Developed at Expense of the Former Client |
| Opinion 174: | Application of Screening Mechanism to a Law Firm That is Disqualified Due to an Attorney's Past Private Employment |
| Opinion 173: | Responsibility of Attorney Employed By Insurer to Insured |
| Opinion 172: | Advertising a Joint Enterprise Between Lawyers and Non-Lawyers |
| Opinion 171: | Testimony Against Former Client in Malpractice Action Versus Co-Counsel |
| Opinion 170: | National Telephone Lawyer Referral Service |
| Opinion 169: | Obligations of Lawyer-Employee During Pendency of Employment Dispute |
| Opinion 168: | Obligation of Former Lawyer to Provide Client Materials to Current Lawyer |
| Opinion 167: | Advertising Overseas and Telephone Contacts With Potential Overseas Clients; Dividing Fees With Non-Lawyer Employees |
| Opinion 166: | Right of Attorney to Bill Pro Bono Plaintiff for Costs Incurred During Representation |
| Opinion 165: | Joint Representation of a Tax Shelter Promoter and Investors in a Tax Proceeding During the Pendency of a Class Action on Behalf of the Investors Against the Promoter |
| Opinion 164: | Disqualification of a Law Firm Based on an Attorney’s Past Private Employment |
| Opinion 163: | Simultaneous Representation of Opposing Clients |
| Opinion 162: | Distribution of Fees Generated By a Matter From Which An Attorney is Screened |
| Opinion 161: | Contingency Fees in Child Support Cases |
| Opinion 160: | Practice of Law in a Law Firm Where Partners Have Been Suspended |
| Opinion 159: | Representation of Cooperative Association and Its Members |
| Opinion 158: | Representation Against a Former Client in a Divorce Proceeding |
| Opinion 157: | Joint Representation of a Tax Shelter Promoter and Investors in a Tax Proceeding |
| Opinion 156: | Representation or Prospective Adoptive Parents by the Guardian of the Child |
| Opinion 155: | Prepaid Legal Services Plan |
| Opinion 154: | Multiple Representation |
| Opinion 153: | Withdrawal from Employment Due to Client's Past or Ongoing Fraudulent Acts |
| Opinion 152: | Attorneys Acting as Hearing Examiners |
| Opinion 151: | Division of Fees Between a Law Firm and an 'Of Counsel' Attorney |
| Opinion 150: | "Revolving Door": Substantially Related "Matters" |
| Opinion 149: | Designation as an Attorney on Business Card or Stationery |
| Opinion 148: | Attorney-Client Privilege Between Government Lawyer and Employee; Government Lawyers Serving As Both Witness and Advocate Against Employee; Government Lawyer's Obligation to Disclose Employee Wrongdoings |
| Opinion 147: | Settlement Offers in Public Interest Litigation Conditional on Waiver of Statutory Fees |
| Opinion 146: | Joint Enterprise By Lawyer and Non-Lawyer to Provide Services That Include Both Legal and Non-Legal Work |
| Opinion 145: | Propriety of Letter of Solicitation and Division of Fees |
| Opinion 144: | Withdrawal from CJA Case |
| Opinion 143: | Joint Representation in Divorce Proceeding |
| Opinion 142: | Television Advertisements |
| Opinion 141: | Professional Organization Designation on Letterhead, Business Cards or in Advertisements |
| Opinion 140: | Multiple Representation, Undertaking of |
| Opinion 139: | Withdrawal Due to Client's Conduct |
| Opinion 138: | Bank Credit to Finance Legal Fees |
| Opinion 137: | Attorney Spouses: Conflict of Interest, Appearance of Impropriety |
| Opinion 136: | Multiple Representation |
| Opinion 135: | Withdrawal From Employment |
| Opinion 134: | Advertising and Solicitation |
| Opinion 133: | Private Practice by a District of Columbia Hearing Examiner |
| Opinion 132: | Attorney as Witness |
| Opinion 131: | Simultaneous Representation of Opposing Clients in Separate Proceedings. |
| Opinion 130: | Offer of Settlement Restricting Attorney's Right to Represent Potential Clients |
| Opinion 129: | Interviews with Employees of an Adverse Party |
| Opinion 128: | Donation to University Archive of Papers That Could Contain Client Confidences or Secrets |
| Opinion 127: | Withdrawal of attorney's fees from trust account established to receive proceeds of a settlements. |
| Opinion 126: | - Appointed Attorney's Responsibilities When Client Fails To Comply With Court Order To Pay A Portion Of The Cost Of Representation |
| Opinion 125: | Attorney Representing Another Attorney in Same Firm in Litigation Arising Out of Private Contractual Dispute Where Attorney Involved in Dispute Will be Trial Witness |
| Opinion 124: | Disclosure of Client Identities to IRS Auditors |
| Opinion 123: | The name of a deceased patent attorney may appear on the letterhead of a law firm, so long as the fact that he was not a member of the bar clearly appears thereon. |
| Opinion 122: | Agreement Prohibiting Performance of Legal Services for Firm Clients Following Departure From Firm; Memorandum Agreement Requiring Departing Partner to Pay to Firm Percentage of Fees Earned From Representation of Specific Clients |
| Opinion 121: | Description of Legal Fees in Advertising |
| Opinion 120: | Communicating with adverse party |
| Opinion 119: | Destruction of attorney memoranda to client which may be sought in pending or future litigation. |
| Opinion 118: | Responsibilities of Lawyer Represented By Collective Bargaining Unit During Strike or Work Slowdown |
| Opinion 117: | Statement as to Quality of Legal Services in Advertisement |
| Opinion 116: | Legal Advice; Obligation to Revise Wills |
| Opinion 115: | Propriety of Contingent Fees in Non-Litigation Matters |
| Opinion 114: | Representation of Agency Officials Before Whom A Lawyer May Appear on Behalf of Other Clients |
| Opinion 113: | “Fee Advances by Clients” |
| Opinion 112: | Attorneys as Members of a Labor Union Which ls The Principal Adversary of the Agency Employing the Attorneys; Conflict of Interest |
| Opinion 111: | Propriety of Former Government Attorney Representing a Party in Litigation Against the Government When the Attorney Had Been Nominally Involved in the Same Litigation While in Government Service |
| Opinion 110: | Propriety of Advertisement Describing Law Firm as "The Immigration Lawyers" with "Services to Aliens Around the World" |
| Opinion 109: | Referral from Non-prepaid Group Legal Services Plan; Referral to Partnership Without Disclosure that Referrer has a Financial Stake in the Partnership; Division of Fees with Attorney who Purports to be a Partner |
| Opinion 108: | Attorney's Responsibilities to Client Who Has Disappeared |
| Opinion 107: | Propriety of Asserting Retaining Lien Applicable to Ultimate Client's Papers Where D.C. Attorney Retained as Co-counsel by Other Attorneys Previously Retained by the Client |
| Opinion 106: | Applicability to Rulemaking of Restrictions on Employment of Former Government Attorneys |
| Opinion 105: | Propriety of Multijurisdictional Newspaper Advertisements and Letters of Solicitation By Attorneys |
| Opinion 104: | Obligation Of Lawyers To Accept Pro Bono Appointments; Excessive Appointments To Pro Bono Cases; Duty Of Lawyer To Advance Litigation Expenses For Indigent Clients; Duty To Decline Appointments That Cannot Be Competently And Zealously Performed |
| Opinion 103: | Retainer Agreements; Authority To Make Litigation Decisions; Withdrawal From Representation; Attorney’s Lien; Finance Charges; Assignment Of Recovery; Excessive Fees |
| Opinion 102: | Deposit of Client's Funds in Separate Accounts; Use of Interest-Bearing Accounts; Disposition of Interest |
| Opinion 101: | Lawyer Appearing Before Judges of a Board of Contract Appeals Whom the Lawyer Is Representing Personally In An Unrelated Matter |
| Opinion 100: | Propriety of Retaining Lien of Attorney As To Money Held in Escrow Account Where The Client and Attorney Have Mutually Agreed To The Termination of Representation; Propriety of Satisfaction of Attorney's Retaining Lien From Client's Assets In The Attorney's Possession |
| Opinion 99: | Preserving Confidences When Existence of Attorney /Client Relationship Is Uncertain |
| Opinion 98: | Former Staff Attorney for Public Defender Service Acting as Private Counsel for Person Previously Represented as Assigned Defense Counsel |
| Opinion 97: | Propriety of Employment Agreement Restricting Lawyer's Right, Upon Termination of Employment, to Solicit Employer's Client |
| Opinion 96: | Switching Sides; Use of Confidences and Secrets Against Former Client; Continuation of Obligation To Preserve Confidences and Secrets Even When Acting In Capacity Other Than As Attorney |
| Opinion 95: | Propriety of Advertisement by Attorneys Holding Themselves Out as the "Accident Legal Assistance Center," "Specializing in Serious Injury and Death Claims Caused by Auto-mobile Accidents, Etc." |
| Opinion 94: | Propriety of In-House Counsel Performing Legal Services for Related Organization; Conflict of Interest; Preservation of Client Confidences and Secrets; Unauthorized Practice of Law |
| Opinion 93: | Law Firms Offering The Services Of Professionals Other Than Lawyers |
| Opinion 92: | Propriety of Private Attorneys Handling Municipal Cases on a Pro Bono Basis; Conflict of Interest; Preservation of Client Confidences and Secrets; Appearance of lmpropriety |
| Opinion 91: | Preparation and Advertising of a Prepaid Legal Services Plan settlements |
| Opinion 90: | Assertion of Retaining Lien After Change of Counsel; Determination of Financial Inability of a Client to Pay Fees as an Exception to Retaining Lien |
| Opinion 89: | Propriety of Law Firm Withdrawing From Representation When Client Fails to Pay Fees |
| Opinion 88: | Lawyers Serving as Both Witnesses and Counsel in the Same Proceeding—Propriety of Issuance of an Opinion on the Merits |
| Opinion 87: | Multi-Jurisdictional Corporate Law Firm Using The Name "Legal Clinic," Offering Credit |
| Opinion 86: | Continued Participation in Litigation By Attorney Sued For Conduct in Course of Litigation |
| Opinion 85: | Withdrawal From Representation of Uncooperative Client |
| Opinion 84: | Potential Disqualification of Lawyer Who Formerly Served in Government in Nonlawyer Position; Conflict of Interest; Confidences and Secrets of Government Client; When Representation of Private Client in Different Proceedings Constitutes Same "Matter"; Imputed Disqualification |
| Opinion 83: | Duty to Protect Confidences of Former Client In Face of Potential Court Order to Compel Testimony or Production of Documents |
| Opinion 82: | Advertising by Former Government Attorney Detailing Nature of Prior Government Experience and Announcing Willingness to Handle Claims and Litigation Against Government |
| Opinion 81: | Legal Advertising and Referral Service Subscribed to by Unaffiliated Private Practitioners to Advertise Under the Name "'Legal Counsellors" |
| Opinion 80: | Communication by Lawyer Representing A Client With Government Officials |
| Opinion 79: | Limitations on a Lawyer's Participation in the Preparation of a Witness's Testimony |
| Opinion 78: | Participation of Lawyers Entering Government In Proceedings Involving Former Clients |
| Opinion 77: | Employment Contract Requiring Payment of Liquidated Damages If a Departing Attorney Solicits a Law Firm's Clients |
| Opinion 76: | Advertising No Fee for Initial Consultation Where Minimum Charge is Made and Forwarded To Lawyer Referral Service |
| Opinion 75: | The Use of Credit Cards and Finance Charges |
| Opinion 74: | Advertising of Free Consultation With Respect to Whether Apartment Landlords May Be Entitled to a Rent Increase Under Applicable Law |
| Opinion 73: | Ex Parte Communications in Equal Employment Opportunity Commission and District of Columbia Office of Human Rights Proceedings |
| Opinion 72: | Attorney's Disclosure to Realty Title Insurance Company, for Purposes of Audit, of Information Which May Constitute “Confidences” or “Secrets” of his Client |
| Opinion 71: | Newly-Employed Government Lawyer's Participation in Rulemaking Involving Former Client and Law Firm |
| Opinion 70A: | Propriety of Lawyer Participation in Private Advertising and Referral Service Where No Mechanism for Bar Approval of Such Service Has Been Established; Application of Opinion No. 70 in Such Circumstances |
| Opinion 70: | Propriety of Lawyer Participation in Private Advertising and Referral Service |
| Opinion 69: | Designation of Area of Specialization or Concentration in Directory of Law School Graduates |
| Opinion 68: | Legal Advice Concerning Labor Relations Given By A Staff Attorney Who Is A Union Member—Conflict of Interest |
| Opinion 67: | Use of the term "General Counsel" |
| Opinion 66: | Advertising By Attorney; Sponsorship of Sports Team |
| Opinion 65: | Employment Contract Between an Attorney Withdrawing From His Former Law Firm, Requiring Payment to Former Firm for Post-Withdrawal Fees Derived by Withdrawn Attorney from Client of Former Firm |
| Opinion 64: | Law Students in Court Program; Use of Information Desk in Courthouse |
| Opinion 63: | Representation of Client in Administrative Proceeding Where Former Client in Unrelated Criminal Case May Be Hostile Witness |
| Opinion 62: | Propriety of Participation by Fedcrally-Employed Attorneys in Volunteer Program to Represent Interests of Abused and Neglected Children in Proceedings Before the Superior Court of the District of Columbia |
| Opinion 60: | Re: Imposition of Interest Charge on Client's Delinquent Account Without Advance Agreement of Client; Referral of Delinquent Account to Collection Agency; Suit to Collect Fee |
| Opinion 59: | Assertion of Retaining Lien after Discharge of Attorney; Relevance of Duty to Avoid Foreseeable Prejudice to Client's Interests |
| Opinion 58: | Preservation of Confidences and Secrets of a Client by Attorney Accused of Misconduct |
| Opinion 57: | Contributions by Lawyers and Law Firms Practicing Before a Regulatory Agency to a Public Interest Law Firm Also Practicing Before That Agency |
| Opinion 56: | Agreement to Reimburse an Expert Witness from Proceeds of Judgment or Settlement |
| Opinion 55: | Contingent Fee to Organization Obtaining and Paying Fees of Expert Witnesses |
| Opinion 54: | Propriety of Multiple Representation |
| Opinion 53: | Newspaper Advertisement For Divorces; Name of Lawyer Not Disclosed; "Fees from $150." |
| Opinion 52: | Lay Offering of Lawyers' Services to Clients or Customers—Referral |
| Opinion 51: | Rendering Legal Services For a Client or Customer or an Employee |
| Opinion 50: | Participation by Agency General Counsel in Matters Involving Parties Represented by Law Firm with Which Spouse is Associated—Conflict of Interest; Appearance of Impropriety |
| Opinion 49: | Dual Representation—Drafting of Agreements Between Two Clients |
| Opinion 48: | Continuation of Legal Practice After Assuming Quasi-Judicial Office; Conflicts of Interest; Appearance of Impropriety |
| Opinion 47: | Letterheads, Cards and Announcements of Law Firms with Single Office in the District of Columbia—No Need to Negate Admission of Firm Lawyers in Other Jurisdictions |
| Opinion 45: | Partnership with Non-Lawyer—Letterhead Listing Non-Lawyers |
| Opinion 44: | Lawyers Serving as Both Witnesses and Advocates In The Same Proceedings—Right to Self-Representation |
| Opinion 42: | Written Retainer Agreement Based on Combination of Contingent Fee Plus Time Charges |
| Opinion 41: | Cooperation in Magazine Article about Lawyers |
| Opinion 39: | Lay Employment Agency Referring Lawyers to Other Lawyers and Firms for Hourly Work and for Permanent Employment; Manner of Payment of Referral Fees |
| Opinion 38: | Designation of Patent Agent on Letterhead |
| Opinion 37: | Provisions of Contingent Fee Retainer Agreements With Respect to Payment of a Fee in the Event of Discharge or Withdrawal of the Attorney |
| Opinion 36: | Practices of Law Firm Handling Client's Funds During Real Estate Transactions |
| Opinion 35: | Restriction of the Right to Practice Law—Settlement Agreement |
| Opinion 34: | Multi-Jurisdiction Law Firms with Offices in the District of Columbia; Permissible Firm Names When Not All Named Partners Are Admitted to Practice in the District of Columbia |
| Opinion 33: | Inclusion of Firm Name in Lawyer's Listing as Member of Advisory Board of Civic Organizations |
| Opinion 32: | Use by Prosecutor's Office of a "Notice of Witness Conference" as a Means of Inviting Third Party Witness Not Under Compulsory Process to Conferences in Preparation for Trial |
| Opinion 31: | Lawyer for Congressional Committee—Summoning Witness Who It ls Known Will Decline To Answer Any Questions on a Claim of Privilege |
| Opinion 30: | Legal Services to Union Members Prepaid Legal Plan—Submission of Fee Schedule |
| Opinion 29: | Change in Contingent Fee Arrangement in the Course of Representation |
| Opinion 27: | Representation of or Consultation with a Person Who Has Counsel; Giving Advice to a Person on the Adequacy of His Present Representation by Counsel |
| Opinion 26: | Former Public Employees—Contract as “Mattcr" for Purpose of Disqualification Rule of DR 9-101(8) —Extent of Participation Required for "Substantial Responsibility" Within the Meaning of DR 9-101(B) |
| Opinion 25: | Fee Arrangements—Lawyer's Responsibility to Make Clear to Client—Necessity for Writing |
| Opinion 24: | Participation of Law Faculty in "Ask the Lawyer" Radio Program |
| Opinion 23: | Use of Credit Cards for Paying for Legal Services |
| Opinion 21: | Advancing Costs of Litigation—Dismissal of Suit Without Client's Consent |
| Opinion 20: | Contingent Fee for Expert Witnesses—Constitutionality—Constitutional Questions Beyond the Scope of the Committee |
| Opinion 19: | Designation of Paralegal Employee as ''Legal Assistant'' on Business Card |
| Opinion 16: | Limitations on Private Employment of Lawyer Formerly in Government Service |
| Opinion 14: | Duty Attorney Owes to Former Client Whom Attorney Represented in Connection with Civil Investigation by Government Regulatory Agency—Attorney's File on Former Client Subpoenaed by Grand Jury. |
| Opinion 11: | Imposition of Finance Charge or Interest on Unpaid Fees for Legal Services. |
| Opinion 10: | Competitive Bidding by Lawyer for Contract for Legal Services. |
| Opinion 9: | Duties of Court-Appointed Counsel Who Has Knowledge of Client's Fugitive Status |
| Opinion 8: | Disclosure of Information to Newspaper Reporter by Lawyer During Arbitration Proceedings |
| Opinion 5: | Lawyer Publishing in Legal Journal Discussion of Issues in Case Pending Before Appellate Court in Which Lawyer is Counsel |
| Opinion 4: | Propriety of Charging Fee for Preliminary Investigation of Client's Case in Absence of Agreement Between Attorney and Client |
| Opinion 3: | Solicitation of Factual Information Necessary for Litigation from Yet Unnamed Plaintiffs. |
| Opinion 2: | Television Lectures by Attorney on General Legal Subjects for Education of Lay Public |
Sub Navigation
- Membership
- Continuing Legal Education
- Communities
-
Legal Ethics
- Rules of Professional Conduct
- Ethics Opinions 210-Present
- Ask the Ethics Experts
- Court of Appeals Adopts Amendments to IOLTA Rules
- Ethics Advice
- Ethics Opinions Substantively Affected by the Amended Rules
- D.C. Bar Voluntary Standards of Civility in Professional Conduct
- Publications
- Additional Resources
- Speaking of Ethics Columns
- Legal Ethics Opinions 2-209
- Practice Management Advisory Service
- Mandatory Course
- Lawyer Assistance Program
- Career Center
- External Resources
- Fee Dispute Program
