CAL 1988-96 to CAL 1991-125

Please Note: Effective January 1991, the Standing Committee on Professional Responsibility and Conduct initiated a new numbering sequence for their published ethics opinions. All opinions are now numbered according to year of publication rather than the year the opinion was requested.

Opinion # Summary
CAL 1988-96 May an attorney who, having initiated an action on behalf of a mother and her minor child for injuries sustained in an automobile accident, and having reached a final settlement for the mother, and while continuing to pursue a judgment in favor of the child which is expected to be administered by the mother, learns from an independent reliable source that the mother, as trustee of a pre-existing insurance trust for the benefit of the child, had misappropriated a substantial portion of the trust proceeds, disclose such information to the court?
CAL 1988-97 May an attorney have a lay signatory on the client trust account?
CAL 1988-98 Not Published
CAL 1988-99 Not Published
CAL 1988-100 May an attorney communicate, with or without notice to other counsel, with a juror who has been discharged for misconduct from an empaneled jury?
CAL 1988-101 Client employs attorney to represent client in a personal injury matter on a contingent fee basis. Client is also in need of health care. Health care provider agrees to treat client with the understanding that health care provider will be paid out of the proceeds from any recovery in the personal injury matter. Attorney and client both acknowledge in writing health care providers' interest in the recovery. Thereafter when recovery is had, client instructs attorney not to disburse any funds to health care provider, but to disburse the proceeds to client alone. What is the ethical duty of the attorney in this situation?
CAL 1988-102 Not Published
CAL 1988-103 May a law firm, having advised its client of its intention to do so, delegate authority to a paralegal employee to make appearances at Workers' Compensation Appeals Board hearings and to file petitions, motions or other material?
CAL 1988-104 May an attorney offer or accept a provision as a condition of settlement which would preclude plaintiff's attorney from subsequently suing the settling defendant?
CAL 1988-105 1. May an attorney contact a personal injury victim by telephone for the purposes of advising him or her of a possible personal injury claim and of the attorney's availability to act as counsel in an action to recover damages for the injuries sustained?
2. May an attorney, under the circumstances and for the purposes described above, contact the personal injury victim by mail?
3. Can a client waive "improper solicitation" by an attorney and his or her agent by signing a retainer agreement containing a provision purporting to waive any acts of improper solicitation on the part of the attorney and anyone acting in concert with the attorney?
CAL 1989-106 May a prosecutor's agreement to dismiss a criminal action be conditioned on the defendant's stipulation that there was probable cause for his arrest, relieving the police of potential civil liability?
CAL 1989-107 Not Published
CAL 1989-108 Is it unethical for an attorney to represent two clients who are not directly adverse to one another where the attorney will be arguing opposite sides of the same legal question before the same judge?
CAL 1989-109 Not Published
CAL 1989-110 Is it proper for a bankruptcy trustee, who is a member of the State Bar of California, to communicate directly with parties to the bankruptcy proceeding who are represented by counsel?
CAL 1989-111 What are the ethical responsibilities of an attorney representing the defendant in a civil action wherein a complaint has been filed and served on the defendant, an answer is now due and the client cannot be located?
CAL 1989-112 May an attorney institute conservatorship proceedings on a client's behalf, without the client's consent, where the attorney has concluded the client is incompetent to act in his best interest?
CAL 1989-113 Is it ethically permissible for an attorney to undertake a representation adverse to a wholly-owned subsidiary of an existing corporate client?
CAL 1989-114 In representing a plaintiff in a federal civil rights action or similar "private attorney general" actions, is an attorney obligated to inform the client that statutory attorney's fees are the client's property which the client may waive as a condition of settlement?
CAL 1989-115 Is it ethically proper for an attorney to require a potential client to execute a blanket waiver of the client's right to disqualify the attorney in any other matter, based on a breach of the attorney's duty to maintain confidences and/or to avoid conflicts of interest?
CAL 1989-116 May an attorney-client retainer agreement include a provision for mandatory binding arbitration of potential malpractice claims against the attorney?
CAL 1991-124 Is it ethically proper for counsel retained by a client in a civil matter to send a letter to the opposing side stating that unless a prompt and satisfactory settlement is reached "all available legal remedies will be pursued?"
CAL 1991-125 What are the ethical considerations when a member, representing an individual pursuing a civil cause of action against a corporation, communicates with a dissident director, without first receiving consent of corporate counsel?