Ethics Advisory Opinions

(Approved February 25, 1993)

Issue: May an attorney give a "second opinion" on a legal matter, when approached by a non-client who is represented by counsel?

August 25, 2004

1 Issue: In litigation to enforce an oral contract allegedly made by a corporate defendant’s former employee on behalf of the corporation, where the former employee was not a member of the control group, may the plaintiff’s attorney contact the ex-employee without the consent of the corporate defendant’s attorney?

(Approved May 28, 1999)

Issue: May a defense lawyer make ex parte contact with plaintiff’s treating physician?

Opinion: No ethical rule prohibits ex parte contact with plaintiff’s treating physician when plaintiff’s physical condition is at issue.

(Approved April 26, 1996)

Issue: May a lawyer representing a defendant in multiple lawsuits asserting similar claims initiate and conduct ex parte communications with former plaintiffs who have settled their claims?

(Approved April 26, 1996)

Issue: What are the ethical obligations of an attorney who has negotiated an agreement with medical providers on behalf of a personal-injury client whose debts are subsequently discharged in bankruptcy?