Ethics Opinions

Oct 7, 1998 Opinion 725
A lawyer should take reasonable steps under the circumstances to retain closed client files in light of (1) legal or ethical rules pertaining to document retention, and (2) the client's wishes regarding the files. DR 1-102(A)(5); DR 4-1-1(B)(1); DR 5-105(E); DR 9-102(D); EC 1-5; EC 4-6
Oct 7, 1998 Opinion 726
A lawyer may mail to a corporation that has been named as a defendant in a lawsuit a letter soliciting business from the corporate defendant, as long as the letter is truthful, nondeceptive, and not misleading. DR 2-101(A); DR 2-103(A); DR 2-105; EC 2-9; EC 2-10
Jan 28, 1998 Opinion 724
Lawyer may ethically seek prospective waiver of potential future conflict, provided conflict is waivable; if actual conflict develops, enforceability of waiver will depend on whether subsequent representation was reasonably contemplated. DR 5-105(A) and (C); DR 4-101; EC 5-16; EC 5-19