Withdrawn Ethics Opinions

Professional Ethics opinion E-00-01 considers the division of fees between lawyers not in the same firm and defines "[j]oint responsibility for the presentation" in SCR 20:1.5(e).

What are a law firm's responsibilities with regard to dormant client files? Do those responsibilities change when the law firm has dissolved and the files are being maintained by lawyers who may not have had contact with the clients involved?

An attorney may serve as an intermediary between two current clients, such as a husband and wife in a divorce action, if the requirements of SCR 20:2.2 are met. The committee withdraws Formal Opinion E-79-2 (Mediation of divorces) because it is inconsistent with current SCR 20:2.2.

Prospective clients sometimes request information about a lawyer's experience in related matters before deciding whether to retain the lawyer, including the identity of present and former clients. Is client consent required for a lawyer to disclose that he or she represents or has represented a client in a certain type of matter when the information is sought for purposes of a prospective representation of another client?

[Withdrawn by E-07-01] What, if any, prohibitions are there on attorney A speaking with the following groups of people: ...

May a part-time city attorney or a member of the city attorney's law firm represent defendants in state prosecutions in which city law enforcement personnel are potential witnesses?

(Withdrawn by E-01-01) In the course of representing a client, may a lawyer threaten or assist in threatening opposing counsel with the filing of a professional misconduct complaint with the appropriate lawyer disciplinary authority?

(Withdrawn by E-01-01) How, if at all, may an attorney ethically inform adverse parties that they may have engaged in possible criminal conduct, while the attorney represents a client with a civil claim against them?

Lawyer A is a recent law school graduate who has opened a law office. A contacts Lawyer B who owns and operates law offices of B, a multi-member law firm which has been in operation for several years. B proposes the following arrangement whereby B would show A the ropes. B would turn over a substantial number of cases to A. In turn, A would turn over half of all the fees earned in those cases referred by B, to B. A would assume full responsibility and B would have no input on how the referred cases are to be processed. Further, A would rent space from B in B's building, and B would provide phone answering services for A. A is to maintain separate malpractice insurance, get his or her own secretary, purchase his or her own share of supplies and pay his or her own share of the phone bill.

Under these facts and circumstances: (1) what disclosures, if any, ought or must the departing lawyer make to the district attorney and the law firm to its clients with matters in which the district attorney's office has an interest; and (2) should the departing lawyer, the law firm or district attorney's office be disqualified from handling any particular category of case (e.g., pending cases being handled primarily by the departing lawyer while with the law firm)?

Law firm A represents law firm B. After an internal audit, law firm B discovered that a former associate of the firm has been reimbursed for travel and entertainment expenses that were never actually incurred. Law firm B had billed the fictitious travel expenses to clients who paid the firm for those expenses. Law firm B is now reimbursing those clients together with interest.

May attorneys mail a letter and flyer describing the firm's services and fees to prospective commercial clients?

An attorney recently resigned from the position of assistant district attorney and entered private practice. The firm that attorney joined does a moderate amount of criminal defense work and, in addition, routinely handles cases involving traffic and ordinance violations. The law firm also handles paternity and child support cases.

May a city attorney simultaneously prosecute a complaint filed under Wis. Stat. sec. 125.12 (1981-82) concerning the revocation, nonrenewal or suspension of a retail liquor license, while advising the administrative body that is the trier of fact on those charges?

[Withdrawn by E-07-01] In a pending action, may counsel for an adversary party contact a former managing agent of the corporation, who was an employee of that corporation at the time when certain material acts were taken which may form a partial basis for liability?

(Withdrawn by E-88-1) May an attorney properly serve as village attorney, if the attorney's spouse is a member of the board, which possesses the power of appointment to and removal from office?

A lawyer proposes to provide mediation services to married couples considering divorce. The lawyer proposes to (1) educate the parties as to their legal rights and responsibilities, (2) mediate any disputes which may arise in the course of the settlement negotiations, and (3) draft a separation agreement and related documents and appear in court to process the divorce. The lawyer further indicates s/he will refrain from representing either of the parties in any proceedings between them in the event an agreement cannot be reached and that each of the parties shall obtain an independent evaluation of any proposed marital settlement agreement by legal counsel other than the lawyer-mediator. The question before the committee is whether this conduct is ethical.

An attorney must return to a client all documents and other materials the client has given to the attorney. S/he must also return any "end product" materials for which the client has paid. These items must be returned whether or not the client agrees to pay for photocopies.

May an attorney member of the police and fire commission or any member of his firm represent criminal or traffic defendants where the police officers of the city are involved in investigation or prosecution?

Information an attorney has as to the whereabouts of a client who is a fugitive from justice comes within the attorney-client privilege, if the client has come to the attorney for advice regarding his rights as a fugitive or to negotiate a surrender. If, however, the client has come to the attorney for advice on how to remain a fugitive, information the attorney may gain as to the client's whereabouts is not privileged and must be revealed to inquiring authorities.

Representation of criminal defendants by members of a law firm serving as municipal attorneys is improper where the police officers of that municipality are involved.

A part-time city attorney is permitted to accept private legal work, including defense of criminal cases. He may participate in criminal or traffic defense work in instances in which his municipality is not a plaintiff or the officers of that city are not involved in the investigation or acting as witnesses in the case.

The Ethics Committee reaffirmed its earlier opinion that the partners of a part-time district attorney may not represent defendants in criminal actions in the same or adjacent counties.

It is improper for an attorney to accept funds from the county to represent an indigent defendant charged with a crime, and subsequently bill the client or his family for fees in the same case.