Professional Ethics Committee opinions
The Professional Ethics Committee of the ACBA, in order to assist the members of the association in fulfilling ethical requirements, has determined to periodically publish abstracts of its approved opinions that might have widespread application. Please note that these abstracts are only published with permission of the Inquirers, and that the opinions of the Committee are advisory only and not binding on the Disciplinary Board of the Supreme Court of Pennsylvania or on any court. It carries only such weight as a reviewing authority may choose to give it.
The Professional Ethics Committee provides a confidential telephone consultation service to members of the ACBA on questions of their own ethical conduct. To reach the Duty Officer for any given month, see www.acba.org or call the ACBA at 412-402-6600.
Under what circumstances may an attorney distribute the proceeds from the sale of a marital residence, without a court order directing distribution, when the lawyer for the opposing spouse and the opposing spouse have communicated to Inquirer inconsistent directions on how to distribute the marital funds?
Whether this Professional Ethics Committee may advise an Inquirer as to how a legal advertisement may be amended to meet the standards of Rule 7.2(i) Pa RPC after the Pennsylvania Disciplinary Board has advised Inquirer that Inquirer's advertisement is in violation of that Rule?
May a lawyer represent co-defendants where a claim of liability is asserted against one of the defendants on a vicarious basis when the other defendant is simultaneously represented by separate counsel on a claim of intentional conduct involved in the same case?
May the Inquirer who is in-house counsel for an entity also represent an employee of the entity? May the Inquirer represent the employee if the Inquirer is precluded from revealing confidential information from the entity?
Whether the Pennsylvania Rules of Professional Conduct prohibit an attorney from sending a letter of representation on behalf of a client located in a state in which the lawyer is not licensed to a debtor located in that state.