Search Results
Your search for: “Defendant” returned 101 results
- Adopted: July 21, 2023Opinion rules that a confidentiality clause contained in a settlement agreement that restricts a lawyer’s ability to practice law violates Rule 5.6.
- Adopted: July 22, 2022Opinion rules that a privately retained lawyer may provide limited representation to a criminal defendant who has been appointed counsel if the lim...
- Adopted: July 16, 2021Opinion discusses a lawyer’s professional responsibility to safeguard entrusted funds by identifying and avoiding purported transactions involving ...
- Adopted: January 15, 2021Opinion rules that a lawyer may not advance a client’s portion of settlement proceeds while a matter is pending or litigation is contemplated but m...
- Adopted: October 23, 2020Opinion rules that a lawyer may not invest in a fund that provides litigation financing if the lawyer’s practice accepts clients who obtain litigat...
- Adopted: April 26, 2019Opinion rules that an ongoing sexual relationship between opposing counsel creates a conflict of interest in violation of Rule 1.7(a).
- Adopted: July 27, 2018Opinion rules that, with certain conditions, a lawyer may include in a client’s fee agreement a provision allowing the lawyer’s purchase of litigat...
- Adopted: July 22, 2016Opinion rules that, when advancing claims on behalf of a criminal defendant who filed a pro se Motion for Appropriate Relief, subsequently appointe...
- Adopted: October 23, 2015Opinion provides that in post-conviction or appellate proceedings, a discharged lawyer may discuss a former client’s case and turn over the former ...
- Adopted: April 17, 2015Opinion rules that when the original debt is $100,000 or more, a lawyer for a lender may prepare and provide to an unrepresented borrower, owner, o...
- Adopted: April 17, 2015Opinion rules that a lawyer may not prepare pleadings and other filings for an unrepresented opposing party in a civil proceeding currently pending...
- Adopted: October 24, 2014Opinion rules that if, after providing an incarcerated criminal client with a summary/explanation of the discovery materials in the client’s file, ...
- Adopted: April 25, 2014Opinion rules that a lawyer may not represent both the trustee and the secured creditor in a contested foreclosure proceeding.
- 2013 Formal Ethics Opinion 1 - Release/Dismissal Agreement Offered by Prosecutor to Convicted PersonAdopted: October 15, 2013Opinion rules that, subject to conditions, a prosecutor may enter into an agreement to consent to vacating a conviction upon the convicted person’s...
- Adopted: July 19, 2013Opinion rules that a state prosecutor does not violate the Rules of Professional Conduct by asking the court to enter an order for arrest when a de...
- Adopted: January 25, 2013Opinion holds that a lawyer asked to represent a child in a contested custody or visitation case should decline the appointment unless the order of...
- Adopted: January 25, 2013Opinion rules that whether a lawyer is a “necessary witness” and thereby disqualified from acting as a client’s advocate at a trial is an issue lef...
- Adopted: January 27, 2012Opinion rules that a criminal defense lawyer accused of ineffective assistance of counsel by a former client may share confidential client informat...
- Adopted: January 27, 2012Opinion rules that a criminal defense lawyer or a prosecutor may not interview an unrepresented child who is the alleged victim in a criminal case ...
- Adopted: October 21, 2011Opinion rules that a lawyer must notify the court when a clerk of court mistakenly dismisses a client’s charges.
- Adopted: April 22, 2011Opinion rules that a criminal defense lawyer may advise an undocumented alien that deportation may result in avoidance of a criminal conviction and...
- Adopted: January 21, 2011Opinion provides guidance on the cross-examination of current and former clients.
- Adopted: January 21, 2011Opinion rules that a hiring law firm may ask an incoming law school graduate to provide sufficient information as to his prior legal experience so ...
- Adopted: April 16, 2010Opinion rules that a lawyer retained by an insurance carrier to represent an insured whose whereabouts are unknown and with whom the lawyer has no ...
- Adopted: April 16, 2010Opinion rules that the lawyer for a child support enforcement program that brings an action for child support on behalf of the government does not ...
- Adopted: January 15, 2010Opinion rules that a prosecutor must dismiss a DWI charge when the prosecutor fails to appeal a court order suppressing evidence from the traffic s...
- Adopted: January 23, 2009Opinion rules that, provided the agreement does not constitute the criminal offense of compounding a crime and is not otherwise illegal, and does n...
- Adopted: January 25, 2008Opinion rules that a lawyer who serves on a city council or board of county commissioners may represent a criminal defendant in a criminal proceedi...
- Adopted: October 19, 2007Opinion rules that a lawyer may not take possession of a client's contraband if possession is itself a crime and, unless there is an exception allo...
- Adopted: July 21, 2006Opinion rules that if the lawyer concludes that pursuit of a lawsuit filed against a defendant is frivolous, but the GAL for the minor client insis...
- Adopted: July 14, 2005Opinion rules that the lawyer for the buyer of residential real estate may prepare the deed without creating a client-lawyer relationship with the ...
- Adopted: January 21, 2005Opinion rules that a solicitation letter to prospective members of a class action must contain the words "This is an advertisement for legal servic...
- Adopted: October 21, 2004Opinion rules that if a current representation requires cross-examination of a former client using confidential information gained in the prior rep...
- Adopted: July 16, 2004Opinion rules that a lawyer may ask questions of a deponent that were recommended by another lawyer, although the deponent is the defendant in the ...
- Adopted: April 23, 2004Opinion rules that a lawyer may represent both the lender and the trustee on a deed of trust in a dispute with the borrower if the conditions on co...
- Adopted: January 16, 2004Opinion rules that an attorney may file a time-barred claim on behalf of a client, even when the defendant is unavailable and can only be served by...
- Adopted: January 16, 2004Opinion rules that a lawyer may participate in a settlement agreement that contains a provision limiting or prohibiting disclosure of information o...
- Adopted: July 25, 2003Opinion rules that neither a defense lawyer nor a prosecutor may participate in the misrepresentation of a criminal defendant's prior record level ...
- Adopted: January 24, 2003Opinion rules that the lawyer for the plaintiff may not prepare the answer to a complaint for an unrepresented adverse party to file pro se.
- Adopted: July 19, 2002Opinion rules that a lawyer may represent a party suing a public body or non-profit organization, although the lawyer's partner or associate serves...
- Adopted: January 21, 2000Opinion rules that when an insured fails to cooperate with the defense, as required by the insurance contract, the insurance defense lawyer may fol...
- Adopted: April 23, 1999Opinion rules that a defense lawyer may suggest that the records custodian of plaintiff's medical record deliver the medical record to the lawyer's...
- Adopted: April 16, 1998Opinion rules that a defense lawyer may remain silent while the prosecutor presents an inaccurate driving record to the court provided the lawyer a...
- Adopted: January 16, 1998Opinion rules that a prosecutor may instruct a law enforcement officer to send an undercover officer into the prison cell of a represented criminal...
- Adopted: January 16, 1998Opinion rules that a lawyer may interview an unrepresented former employee of an adverse represented organization about the subject of the represen...
- Adopted: October 24, 1997Opinion rules that a lawyer may engage in an ex parte communication with a judge regarding a scheduling or administrative matter only if necessitat...
- Adopted: July 18, 1997Opinion rules that a lawyer in receipt of materials that appear on their face to be subject to the attorney-client privilege or otherwise confident...
- Adopted: January 24, 1997Opinion rules that a deputy attorney general who is representing the state on the appeal of a death sentence should send a copy to the defense lawy...
- Adopted: January 24, 1997Opinion rules that it is prejudicial to the administration of justice for a prosecutor to threaten to use his discretion to schedule a criminal tri...
- Adopted: October 18, 1996Opinion rules that a lawyer may not collect a contingent fee on the reimbursement paid to the client's medical insurance provider in addition to a ...
- Adopted: January 12, 1996Opinion holds that the lawyer for a defendant in criminal and civil actions arising out of the same event may seek the cooperation of a crime victi...
- Adopted: January 12, 1996Opinion rules that when a lawyer's reasonable attempts to locate a client are unsuccessful, the client's disappearance constitutes a constructive d...
- Adopted: October 20, 1995Opinion rules that a lawyer may represent a defendant in an action to abate the nuisance of a fence even though his paralegal may be called as a wi...
- Adopted: October 20, 1995Opinion rules that absent a court order or law requiring delivery of physical evidence of a crime to the authorities, a lawyer for a criminal defen...
- Adopted: July 21, 1995Opinion rules that a lawyer may contact an opposing lawyer who failed to file an answer on time in order to remind the other lawyer of the error an...
- Adopted: July 21, 1995Opinion rules that a lawyer may not send a jury questionnaire directly to prospective members of the jury but, if the questionnaire is sent out by ...
- Adopted: July 21, 1995Opinion rules that a lawyer should avoid offensive trial tactics and treat others with courtesy by attempting to ascertain the reason for the oppos...
- Adopted: April 14, 1995Opinion rules that District Attorney may not communicate or cause another to communicate with represented defendant without the defense lawyer's co...
- Adopted: January 13, 1995Opinion rules that in a letter to an unrepresented prospective defendant in a personal injury action, the plaintiff's lawyer may not give legal adv...
- Adopted: January 13, 1995Opinion rules that a prosecutor must notify defense counsel, jail officials, or other appropriate persons to avoid the unnecessary detention of a c...
- Adopted: January 13, 1995Opinion addresses the ethical responsibilities of a lawyer appointed to represent a criminal defendant in a capital case who, in good faith, believ...
- Adopted: January 13, 1995Opinion rules that the attorney for the plaintiffs in a personal injury action arising out of a motor vehicle accident may interview the unrepresen...
- Adopted: January 13, 1995Opinion explores the ethical responsibilities of stand-by defense counsel who are instructed to take over the defense in a capital murder case with...
- Adopted: October 21, 1994Opinion rules that a lawyer for an opposing party may communicate directly with the pathologist who performed an autopsy on the plaintiff's deceden...
- Adopted: July 21, 1994Opinion rules that an attorney may represent the insured, his liability insurer, and the same insurer relative to underinsured motorist coverage ca...
- Adopted: July 21, 1994Opinion rules that an attorney may not communicate with the opposing party's nonparty treating physician about the physician's treatment of the opp...
- Adopted: July 21, 1994Opinion rules that a lawyer may not offer or enter into a settlement agreement that contains a provision barring the lawyer who represents the sett...
- Adopted: April 15, 1994Opinion rules that a lawyer who represents a client on a criminal charge may not lend the client the money necessary to post bond.
- Adopted: April 15, 1994Opinion rules that an attorney may seek the appointment of an independent guardian ad litem for a child whose guardian has an obvious conflict of i...
- Adopted: January 14, 1994Opinion rules that an attorney may not participate in the resolution of a civil dispute involving allegations against a psychotherapist of sexual i...
- Adopted: July 09, 1993Opinion discusses when an attorney who is a full-time employee of an insurance company may represent the insurance company, the insured, or others ...
- Adopted: April 16, 1993Opinion rules that a lawyer may not communicate with an adverse corporate party's house counsel, who appears in the case as a corporate manager, wi...
- Adopted: January 15, 1993Opinion rules that the prosecutor and the defense attorney must see that all material terms of a negotiated plea are disclosed in response to direc...
- Adopted: January 15, 1993Opinion rules that prosecutors and defense attorneys may negotiate plea agreements in which appellate and postconviction rights are waived, except ...
- Adopted: January 15, 1993Opinion rules that an attorney may not donate a client's funds to a charity without the client's consent.
- Adopted: October 23, 1992Opinion finds no disqualifying conflict of interest where an attorney is retained by an insurer to represent an insured during the pendency of a de...
- Adopted: January 17, 1992Opinion rules that a lawyer may represent parents and an independent guardian ad litem for their child concerning related tort claims under certain...
- Adopted: October 18, 1991Opinion rules that an attorney employed by an insurer to defend in the name of the defendant pursuant to underinsured motorist coverage may not com...
- Adopted: October 18, 1991Opinion rules that an attorney may acquiesce in a client's communication with an opposing party who is represented without the other attorney's con...
- Adopted: April 12, 1991Opinion rules that a public defender may represent criminal defendants while serving on the school board.
- Adopted: January 18, 1991Opinion rules that a lawyer for the insured and the insurer may not enter voluntary dismissal of the insured's counterclaim without the insured's c...
- Adopted: July 13, 1990Opinion concerns several situations in which an attorney who represents a criminal defendant wishes to interview other individuals who are represen...
- Adopted: July 13, 1990Opinion rules that a defense attorney may interview a child who is the prosecuting witness in a molestation case without the knowledge or consent o...
- Adopted: October 20, 1989Opinion rules that a firm which employs a paralegal is not disqualified from representing an interest adverse to that of a party represented by the...
- Adopted: October 20, 1989Opinion rules that an attorney hired by the Bureau of Indian Affairs to prosecute criminal charges before a Tribal Court may represent defendants i...
- Adopted: July 14, 1989Opinion rules that subject to general conflict of interest rules, a lawyer may represent police officers who are referred by a professional organiz...
- Adopted: April 14, 1989Opinion rules that a lawyer may represent a plaintiff against an insurance company's insured while defending other persons insured by the company i...
- Adopted: January 13, 1989Opinion rules that a lawyer who represents a criminal defendant whose possession property was seized may not without consent seek the property as a...
- Adopted: January 13, 1989Opinion describes circumstances under which a lawyer who has been appointed to represent an indigent person may accept payment directly from the cl...
- Adopted: January 13, 1989Opinion rules that a lawyer may sue a municipality although his partner serves as a member of its governing body.
- Adopted: January 15, 1988Opinion rules that an attorney who learns through a privileged communication of his client's alias and prior criminal record may not permit his cli...
- Adopted: July 24, 1987Opinion rules that a lawyer may represent clients in a medical malpractice action even though one of the potential defendants or a witness and agen...
- Adopted: July 24, 1987Opinion rules that a law firm may ethically represent the estates of both a husband and a wife in an action arising out of a private airplane crash...
- Adopted: April 17, 1987Opinion rules that in the absence of consent from the heirs, a lawyer may not represent the administratrix officially and personally where her inte...
- Adopted: October 24, 1986Opinion rules that attorney may interview person with an adverse interest who is unrepresented and make a demand or propose a settlement.
- Adopted: February 05, 1982Inquiry: Does an attorney who has represented an indigent criminal defendant upon appeal from a conviction in Superior Court, and who has, in the ...
- Adopted: July 15, 1981The attorney for the plaintiff in a domestic case may not make available to the defendant a form waiving the right to answer and other rights, nor ...
- Adopted: January 18, 1980Inquiry: Law firm does insurance defense work on a regular basis for certain insurance companies such that there is always at least one active file...
- Adopted: October 27, 1977Inquiry: Attorney A represents the husband-plaintiff in a simple, uncontested divorce action based on one year's separation. Defendant-wife accepts...
- Adopted: July 15, 1977Inquiry: Is it ethical for the attorney representing the plaintiff in a divorce action, with the plaintiff's consent, to: 1. Send to the defendant...
- Adopted: January 18, 1974An attorney generally does not need the consent of the adverse party to talk to witnesses.
