Skip Navigation

State Bar of Wisconsin

Ethics Opinions - Informal Opinions

Informal Opinion 1/73: Lawyers in judicial campaigns - State Bar of Wisconsin Ethics Committee: We have had a number of inquires concerning the ethical propriety of attorneys participating in campaigns to assist in the nomination and election of trial and appellate court judges in this state. Further, they have asked that if such conduct is permissible, what activities may an attorney engage in during the course of such election campaigns. 11.5 KB

Informal Opinion 2/73: Lawyer circulating divorce handbook - State Bar of Wisconsin Ethics Committee: The Professional Ethics Committee has considered your request for an opinion as to the propriety of your preparation and circulation of a divorce handbook for your domestic relations clients only. You have included a copy of your revised text of this proposed publication. 4.54 KB

Informal Opinion 3/73: Lawyer publishing do-it-yourself divorce kit in uncontested divorces - State Bar of Wisconsin Ethics Committee: "Would an attorney be in violation of Canon 3(A) of the Code of Professional Responsibility, Disciplinary Rules, if he were to publish a book of forms and explanations so that a married couple with no minor children, who agreed on any property settlement (if property is involved), could seek their own uncontested divorce, without the assistance of an attorney, on the grounds that they voluntarily lived entirely separated for one year next preceding the commencement of the proposed divorce?" 8.18 KB

Informal Opinion 4/73: Attorney for bankrupt debtor also representing creditors - State Bar of Wisconsin Ethics Committee: This inquiry concerns the ethical propriety of an attorney who has been retained to represent an individual person who seeks to file a petition in federal bankruptcy court under circumstances in which a corporate creditor of such client would become responsible for paying the legal fees and court filing fees for such petition, for which the debtor-client would sign an additional note and agree to reaffirm such obligation, of which proposed action the attorney has knowledge. In addition the attorney previously has represented the corporate creditor and debtor. 6.49 KB

Informal Opinion 6/73: Use of credit cards to finance fees - State Bar of Wisconsin Ethics Committee: The committee has had several recent inquires regarding the ethical propriety of the use of credit card plans for the financing of legal services of clients, including one which had a detailed study of the problems involved by a local bar association. 5.02 KB

Informal Opinion 1/71: Lawyer acting as trustee for bail fund - State Bar of Wisconsin Ethics Committee: Your inquiry to this committee is as to the propriety of a procedure in which a lawyer or law office might receive funds from persons or organizations other than the lawyer's client to be kept in a special account separate from the lawyer's or professional trust account, to be available for prompt cash bail money for persons charged with crimes, and checks thereon to be handled by the designated lawyer or member of a firm or their employees under their direction, even in a case in which the persons to be bailed are not then clients of the lawyer or law firm and in which no money from the fund is used for persons who later become clients of the lawyer. It is the opinion of this committee that such a plan or practice would be improper and unethical. 6.83 KB

Informal Opinion 1/70: Partners for attorney for Deputy Sheriffs Association accepting criminal, traffic cases - State Bar of Wisconsin Ethics Committee: An attorney questioned the propriety of a lawyer, who is acting as a bargaining representative for a county association of deputy sheriffs, permitting his partners or associates to accept criminal and juvenile defense work in that county because of the possibility of a conflict of interest. 4.76 KB

Informal Opinion 2/70: Partners of attorney: Police and Fire Commission member accepting criminal cases - State Bar of Wisconsin Ethics Committee: The committee considered the propriety of the conduct of attorneys who were requested to represent defendants in criminal and traffic cases when their partner is serving as a member of the municipal police and fire commission. The request indicated that the commissioner would give up the practice of representing private parties in criminal or traffic cases in the area where the city was the plaintiff or police officers from the municipality were involved in the investigation or prosecution. 4.77 KB

Informal Opinion 1/69: Judicare representation policy - State Bar of Wisconsin Ethics Committee: The Professional Ethics Committee approved the statement of policy proposed by Wisconsin Judicare relative to the matter of attorneys refusing to represent Judicare clients. 4.44 KB

Informal Opinion 2/69: Contributions to judicial campaigns - State Bar of Wisconsin Ethics Committee: An inquiry was made by an attorney as to whether it is proper to make campaign contributions to a judge who is seeking re-election to his judicial office. 5.01 KB

Informal Opinion 4/69: Past Bar officers endorsing political candidates - State Bar of Wisconsin Ethics Committee: This inquiry concerned the ethical propriety of the conduct of attorneys who were past presidents of the State Bar permitting their names to be listed along with their standing as a past president in endorsing a partisan political candidate for statewide office, because of the possible interpretation by the public that such political endorsements could be construed as an endorsement by the State Bar of Wisconsin. 4.77 KB

Informal Opinion 2/68: Lawyer named as beneficiary in will - State Bar of Wisconsin Ethics Committee: The Ethics Committee has considered several inquiries from members of the State Bar following the State v. Collentine, 39 Wis. (2d) 325, decision regarding the drafting of wills by attorney-beneficiaries. In its decision of June 8, 1968, the Supreme Court established the rule prospectively that an attorney may be scrivener of a will in which he is a beneficiary only when he stands in relationship to the testator as a natural object of his bounty and in instances in which he will receive no more than he would have received at law in absence of such will. The Court emphatically stated that under any other circumstances in which a lawyerdraftsman received a larger bequest that it would conclude that such activity would constitute unprofessional conduct. 6.57 KB

Informal Opinion 3/67: Partnership with non-lawyer - State Bar of Wisconsin Ethics Committee: This inquiry concerns the propriety of an active member of the Bar creating a partnership in which the lawyer proposes to engage in labor-management relations work and his non-lawyer partner will be active in market research analysis advice and similar business advice. There was the additional question as to the attorney advertising this labor management relations advice, either alone or with his partner's advertising. 5.18 KB

Informal Opinion 4/67: Solicitation of pension or profit sharing work - State Bar of Wisconsin Ethics Committee: An opinion was requested as to the propriety of an attorney participating in the solicitation and sale of a multibusiness master pension plan through a corporation organized for that purpose. Further, the attorney originated the company and acts as trustee for the master plan. 4.76 KB

Informal Opinion 1/64: Commissions and rebates - State Bar of Wisconsin Ethics Committee: Canon 38, of the Canons of Professional Ethics of the American Bar Association, adopted by the State Bar of Wisconsin, states "A lawyer should accept no compensation, commissions, rebates or other advantages from others without the knowledge and consent of his client after full disclosure." 6.93 KB

Informal Opinion 1/63: An attorney retiring from practice may not sell or otherwise dispose of his practice and goodwill to another attorney: This does not prevent the sale of office facilities or furniture - State Bar of Wisconsin Ethics Committee: You advise that a lawyer wants to retire and sell his furniture, equipment, files and records to a younger lawyer. He tells some of his clients that he proposes to retire and has "sold his business" to the younger lawyer. One of the clients demands all of his files from the retiring lawyer who refuses to deliver them and says that he has sold the files and records to the younger lawyer. Your inquiry is as to the propriety of this and whether or not the client is entitled to his files. 10.5 KB

Informal Opinion 1/62: Law corporations and names - State Bar of Wisconsin Ethics Committee: Prior to issuance of the American Bar Association Professional Ethics opinion concerning the propriety of attorneys carrying on the practice of law as a corporation for federal tax purposes, this committee had numerous inquiries on the subject. It resolved to withhold official action pending release of Opinion 303. Without attempting to give a formal opinion at this time, the committee would like to convey the thoughts of its members on the matter, following the passage of Chapter 350, Laws of 1961. 6.93 KB

Highlights

Ethics help: Find the help you need to navigate Wisconsin's Rules of Professional Conduct for Attorneys. More
State Bar members can save 15% on hundreds of ABA titles. Click here for more information

Law Office Management Assistance Program

Wisconsin Lawyers Assistance Program (WisLAP)

Lawyer regulation

© State Bar of Wisconsin, P.O. Box 7158, Madison WI 53707-7158.
Customer service, (800) 728-7788. For problems with this site, contact the webmaster.
Disclaimer of Liability | Terms & Condition of Use | Privacy Statement | Advertising Live 1