The ABA has issued a formal ethics opinion about the role of ethics lawyers in law firms and how those lawyers may resolve conflicts between their confidentiality obligations and their potential obligation to report lawyer misconduct. Citing a growing trend to name in-house ethics counsel, Formal Opinion 08-453 says that issues are raised by the possible creation of a client-lawyer relationship between the consulting lawyer and the in-house ethics counsel, and by the potential conflict that may arise between the interests of the law firm and those of the consulting lawyer.

When a lawyer who has committed misconduct consults ethics counsel, the latter may face a conflict between the interests to the lawyer and the firm, the opinion notes. There is also the potential of the ethics counsel’s duty to disclose misconduct which may conflict with the duty to protect privileged information.

Although consulting in-house ethics counsel is “without question valuable,” law firms must understand and consider the ethical issues created by such consultations, according to the ABA Standing Committee on Ethics and Professional Responsibility.