Requesting an Ethics Opinion

The Kansas Bar Association’s ethics advisory opinion service is available to members of the Kansas Bar Association only. Opinions are issued by the KBA Ethics Advisory Committee and are not binding in any judicial or disciplinary proceeding. The Office of the Disciplinary Administrator receives a copy of opinions, but does not comment on them.

Limitations. Ethics opinions are not issued if the matter on which an opinion is being sought is the subject of litigation. Requests must concern a lawyer’s own future conduct, not past conduct. Opinions are also not issued with regard to questions of law, such as interpretations of rules, statutes or cases.

Formal or Informal. The KBA will either issue formal or informal opinions.

• Formal opinions are well researched written opinions from the Ethics Advisory Committee. They may take up to six weeks to complete.
• Informal opinions are expedited by the committee but will not generally result in a “formal” written opinion.

Neither formal nor informal opinions should not be used as a substitute for advice given by the Office of the Disciplinary Administrator. The Office of the Disciplinary Administrator will frequently discuss ethical situations with attorneys and may be where an attorney should make his or her first inquiry, especially in situations where an expedited response is necessary.

Confidentiality. Opinions are normally published on the KBA “Casemaker” database and are available to KBA members. The identity of attorneys who request ethics opinions from the KBA Ethics Advisory Committee will be kept confidential. The name of the requesting attorney is not identified in the opinion.

Requesting an Opinion. To request an opinion, write a letter to the address below, stating the facts upon which you want an opinion and self certify that (1) you are a KBA member and are seeking the opinion for yourself and no one else, (2) that it is not for use in litigation or disciplinary matters, (3) that you want the information for guidance on future conduct, and (4) that you are requesting a formal or informal opinion.

Joseph Molina
Director of Governmental & Legal Affairs
Kansas Bar Association
1200 SW Harrison St.
Topeka, Kansas 66612