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Ethics Issues in Opinion Practice

Lawyers giving legal opinions, like all lawyers, are subject to many duties. A lawyer who fails to meet his ethical obligations may be subject to disciplinary proceedings; a lawyer who fails to meet the duty of care she owes a client may be liable for malpractice. These duties are prescribed or defi ned in a variety of sources including rules of professional conduct, decisional law, opinions of committees of practicing lawyers, and governmental agencies before which lawyers practice. Duties owed a client with respect to a legal opinion are in some instances different from duties owed a third party addressee of a legal opinion if that addressee is not a client. A lawyer’s duties, i.e., the scope of his engagement, concerning a legal opinion may be limited by agreement with his client or agreement with the recipient of the opinion. However, some duties will still apply and there are restrictions on the ability to limit the scope of an engagement. In some situations, a lawyer may be required to withdraw from a representation rather than accept a proposed scope limitation. Special considerations apply when a legal opinion addresses factual matters or when the lawyer has reason to question whether the client is engaged in fraudulent or illegal activity.