New Jersey Supreme Court Advisory Committee on Professional Ethics Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the New Jersey Supreme Court Advisory Committee on Professional Ethics, with full citations and source links on every page.
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Can a lawyer who helps a group set up a prepaid legal services plan then be hired by that group as its counsel under the plan?
It depends. The opinion concluded a lawyer may not solicit a group to organize a prepaid legal plan so that he can become its counsel, but may represent the organization if he is approached to formali…
Can a firm represent a husband in a divorce when it represented his current wife in her earlier divorce from a previous spouse about five years before?
No. The opinion concluded the attorney should withdraw and represent neither party, because in the wife's earlier divorce the firm might have learned confidential information about her assets, inherit…
Can a New Jersey lawyer place a notice in the Law Journal or the Lawyers Diary and Manual advertising that he is available to act as a consultant to or associate with other attorneys in a particular field of law?
Yes. The opinion concluded it is not improper for a New Jersey lawyer to advertise his availability to act as a consultant to or associate with another attorney in a particular field of law by placing…
Can a collection-practice law office use a letterhead that drops any reference to being a law firm, and can it list a non-lawyer office administrator on the letterhead?
No. The opinion concluded that a letterhead omitting any reference to a law firm is misleading and prohibited, and that naming an office administrator, whether a lawyer or a layman, on the letterhead …
Does leaving the Attorney General's office or another state agency bar a lawyer or law clerk from later working for a firm that is in litigation against the State?
No, not per se. The opinion concluded that the bar applies only where the person had substantial responsibility for the adversarial litigation while in public employment; if so, either the lawyer cann…
Is there a conflict of interest when a municipal attorney's spouse serves on the elected board of education of the same municipality?
No, not per se. The opinion concluded the marital relationship creates no inherent conflict, but the attorneys may have to withdraw when a matter arises involving both public bodies if the relationshi…
When a board member gives a board's attorney background information 'in confidence,' can the board later compel the attorney to hand that material over?
Yes. The opinion concluded that the privilege belongs to the board, the actual client, not the individual member; because the member consulted the attorney in his role as board counsel rather than as …
May a lawyer invest a client's funds held in trust or escrow in an interest-bearing account, and is the lawyer required to do so?
The opinion concluded a lawyer is not required to invest trust funds, but may place them in an interest-bearing account if DR 9-102 and R. 1:21-6 are met; any interest belongs to the client, who shoul…
Must a borough attorney report to the ethics committee that the mayor, a licensed but non-practicing lawyer, took unauthorized fees for performing marriages?
Yes. The opinion concluded that because the borough attorney learned of the conduct from a source other than the mayor, the information was not privileged, so DR 1-103 required reporting it to the app…
Can an attorney who sits on a municipal zoning board of adjustment represent a private client in a lawsuit against that same municipality?
No. The opinion concluded the representation was improper because the attorney was part of the municipality's official family, and suing it created a public appearance that adverse interests had commu…
Can a lawyer represent a husband on appeal in a matrimonial case when the wife once consulted the lawyer's firm about that same matter, even though she never retained it and paid no fee?
No. The opinion concluded the lawyer and all members of his firm were precluded from writing the husband's appeal, because the wife's earlier consultation, though brief and unpaid, created a duty to p…
May a New Jersey lawyer who teaches at a state college use the title "Doctor" and his "J.D." degree solely in connection with his academic position?
Yes. The opinion concluded the lawyer may ethically use his J.D. degree and the title "Doctor" strictly in connection with his academic position, even though New Jersey did not permit use of the degre…
May a lawyer donate legal services to a charity so the charity can auction those services as a fundraiser?
No. The opinion concluded it is improper under DR 2-103 because the arrangement puts the charity in the position of recommending the lawyer and being paid by him for the introduction; donating nonlega…
Is an assistant county counsel in a conflict of interest if his wife is elected or appointed to the county board of freeholders that he serves?
No, not per se. The opinion concluded that because both the wife as a freeholder and the husband as assistant county counsel would act on behalf of the whole county, there was no conflict of interest …
May the law partner or associate of a municipal court judge serve as a lay member of a municipal planning board or board of health in the same town?
Yes. The opinion concluded that serving in an individual lay capacity (not a representative one) on any municipal board other than the governing body is not a conflict, even though the lawyer's associ…
May a municipal prosecutor represent a private client in a driver's license revocation hearing before the Director of the Division of Motor Vehicles?
Yes. The opinion concluded there is no impropriety, provided the offense did not occur in the prosecutor's own municipality, applying R. 1:15-3(b) rather than the general conflict rule DR 5-105.
When a lawyer moves from the plaintiff's firm to the defendant's firm in the same lawsuit, must the new firm withdraw even if the lawyer is screened off from the case?
Yes. The opinion concluded the new firm must immediately withdraw, because DR 5-105(D) imputes the lawyer's individual disqualification to the whole firm and the appearance of conflict persists despit…
May a lawyer draw a sale or lease contract at a real estate broker's request and be paid by the broker, where the lawyer represents neither party to the contract?
No. The opinion concluded the arrangement is improper and violates DR 5-107(B) and DR 3-101(A), the rules on third-party direction of a lawyer and aiding a nonlawyer in the unauthorized practice of la…
May a lawyer serve as legal advisor to a physicians' malpractice newsletter, be named as its advisor, write a regular column, and speak at its seminars?
In the abstract, yes. The opinion concluded the four proposed activities are permissible as public legal education under EC 2-2, but cautioned the lawyer must avoid self-laudatory conduct that would v…
May an attorney who is a county freeholder represent a private client appealing the county prosecutor's refusal to hire him as a county detective?
No. The opinion concluded it would be unethical, because the prosecutor acts on behalf of the county in hiring decisions, so a freeholder-attorney opposing that decision would be opposing another coun…
May a New Jersey firm use a firm name that includes a partner admitted only in another state, such as 'Smith and Jones' where Jones is admitted only in New York?
No. The opinion concluded that under DR 2-102(C) a firm name may not be used in New Jersey unless all those named are or were New Jersey bar members, so an announcement indicating the firm will be kno…
May a New Jersey lawyer who moved to Florida and joined the Florida Bar publish an announcement in the New Jersey Law Journal that he now practices in Miami?
Yes. The opinion concluded the announcement, limited to publication in the New Jersey Law Journal, does not infringe the Disciplinary Rules; it is a proper formal announcement of a changed address and…
May an out-of-state attorney who is a vice president and full-time house counsel of a national bank in New Jersey use a legal title like 'Vice President and Counsel' on the bank's letterhead?
The opinion concluded the first three titles are permissible if the letterhead shows he is admitted only in another state and is a full-time bank employee; the name-plus-'Esquire' option should not be…
When a firm must withdraw from representing multiple parties because their interests have become adverse, may it still seek fees for the work it did before the conflict arose?
Yes. The opinion concluded the firm had to withdraw from all parties under DR 5-105(B), but may seek the reasonable value of services rendered before withdrawal, since the conflict over dividing any r…
May a law firm contact former criminal-defense clients to tell them about a new expungement law under which they might be eligible for relief?
Yes. The opinion concluded the communication is consistent with DR 2-104(A)(1), which lets a lawyer accept employment from a former client based on unsolicited advice when the advice is germane to the…
Will the New Jersey ethics committee say whether a lawyer may represent a CPA who wants to sell information about his employer's fraud, when that turns on unresolved trade-secret and criminal-law questions?
No. The opinion concluded the Committee cannot answer, because resolving the ethical question would require deciding substantive law (trade-secret and criminal liability), which is outside the Committ…
May an attorney bring a third-party forgery claim for his litigation clients against a bank he currently represents, and has represented, in unrelated matters?
No. The opinion concluded the attorney should ask the court to be relieved from the trial; neither dual written consent nor referring the third-party motion to another lawyer would cure the conflict a…
May one attorney serve as counsel to both the planning board and the board of health in the same municipality?
Yes, generally. The opinion concluded a planning board attorney may also serve the local board of health, except where a particular situation presents a conflict or a clear potential for conflict is i…
May a New Jersey attorney handle a client's New Jersey litigation while working from the client's out-of-state office?
Yes. The opinion concluded it does not violate R. 1:21-1 where the attorney is domiciled in New Jersey or maintains a principal office here and uses his New Jersey office as his office of record.
May a lawyer accept a free, unsolicited listing in a 'professional directory' that is distributed only to a few affluent communities?
No. The opinion concluded the listing is improper because a directory limited to a few communities gives the chosen lawyers an undue advertising advantage over others, and the fact that the lawyer nei…
May the law partner of a municipal prosecutor serve as counsel to a nonprofit senior-housing development corporation whose board is appointed by the township?
Yes. The opinion concluded there is no conflict, because the inquirer would represent only the autonomous corporation and would not appear before municipal boards, and the corporation receives no muni…
May a lawyer who formerly served a public body represent private clients before that same body, and should a special rule bar all such appearances?
The Committee concluded that existing standards already bar a former public lawyer only from matters in which he had substantial responsibility while employed, and that no new blanket rule prohibiting…
May a lawyer charge a client interest on a past-due fee, for example by printing a notice that interest accrues on accounts unpaid more than thirty days?
The opinion concluded it is improper to demand interest on delinquent accounts, but a lawyer may agree with the client in advance to charge interest within legal limits, or accept a client's note bear…
May a lawyer who represents a municipality's board of fire commissioners appear before that town's municipal court for a private client in an unrelated matter?
Yes. The opinion concluded that a fire district is an autonomous body rather than an adjunct of the municipality, so its attorney is not subject to the practice limitations that bar municipal attorney…
May a lawyer help arrange a loan at an interest rate that would be criminal usury at home by having the documents signed in another state to invoke its more permissive law?
No. The opinion concluded the lawyer may not participate, because the loan would be criminal loan sharking in New Jersey and assisting it could make the lawyer and clients aiders and abettors; signing…
May a lawyer practice criminal defense in the same state where her spouse serves as a deputy attorney general prosecuting criminal appeals?
No. The opinion concluded she should not practice criminal defense in New Jersey while her husband is a deputy attorney general in the Division of Criminal Justice, because the situation presents an a…
May a municipal prosecutor be politically active in a neighboring municipality and elsewhere in the county where he serves?
Yes. The opinion concluded there was nothing unethical in the proposed political activity, since the rules barring political activity reach the judicial branch rather than municipal prosecutors, and t…
May a lawyer take a retainer from a for-profit corporation that signs up dues-paying tenants and furnishes them the lawyer's services at no separate fee?
No. The opinion concluded the arrangement was clearly improper, referring the inquirer to DR 2-103(D), which barred a lawyer from furnishing legal services to subscribers through such a for-profit int…
What may a lawyer say in an announcement sent to other lawyers offering his availability as a consultant in a specialized field, and may he list an earned degree?
The opinion concluded the announcement may state availability to consult in planning and zoning, but may not use non-branch labels like environmental or housing, may not note an earned degree (New Jer…
May a lawyer sue a defendant in one case while representing that defendant's spouse in an unrelated pending matter?
No. The opinion concluded the lawyer should withdraw from suing the wife in the slander action while representing her husband in a pending workers' compensation case, because the appearance of conflic…
If a lawyer represents a town-created nonprofit housing association whose trustees are appointed by the mayor and council, may he also appear for private clients before that town's boards?
No, not both. The opinion concluded that counsel for such an association must choose between representing the agency, which precludes the lawyer and his firm from appearing before the town's bodies, o…
After a partner is disbarred, may his firm keep his name in the firm name because his wife remains a partner, represent him and his businesses, and take clients he sends them?
The opinion concluded the firm may keep the wife as a partner and may represent the disbarred lawyer and his businesses with safeguards, may keep his surname only if it does not mislead the public, bu…
May a lawyer who is the target of a grand jury investigation represent the former employees and clients subpoenaed as witnesses against him, recommend their counsel, or pay that counsel's fee?
No. The opinion concluded the lawyer's personal interest bars him from representing the witnesses, that their consent cannot cure it, and that he may give only a bare recommendation to retain counsel,…
If a lawyer's office associate becomes a part-time municipal legal assistant, may the lawyer still finish a workers' compensation claim his office is pursuing against that municipality, even with the city's consent?
No. The opinion concluded the lawyer must withdraw, because his associate's municipal position is imputed to the whole office under DR 5-105(D), and the public interest in the matter means the city's …
May a former assistant prosecutor defend an accused in a criminal matter that was under investigation, by a state commission, within his old office's jurisdiction during his tenure, even if he never touched the file?
No. The opinion concluded the representation was improper, because the public would see a matter investigated within his former office's jurisdiction during his tenure, and his lack of personal involv…
May a firm represent a husband in a divorce when it previously represented the wife and the couple together in personal injury and business matters, and the wife objects?
No. The opinion concluded the firm should not represent the husband, following earlier opinions that precluded a firm from representing one spouse in a matrimonial matter after representing both, even…
May a lawyer for an asset-search business alert the owners of unclaimed funds and sign them to contingency contracts that pay the business a percentage of any recovery?
No. The opinion concluded the proposed conduct would breach DR 2-103, treating it as improper solicitation of employment from the owners of unclaimed funds, like searching for unknown heirs and solici…
May a lawyer pay a forwarding attorney his share of a fee for cases he referred, when the forwarding attorney was suspended from practice while the cases were pending?
The opinion concluded that a lawyer may divide a fee only where there was a division of service or responsibility, and that a forwarder's later suspension does not bar his share for work done before s…
When the county must provide a jail guard a defense to a criminal complaint, may the county counsel handle that defense, or must outside counsel be retained?
Outside counsel. The opinion concluded the county counsel and his assistants may not appear for the jail guard in a criminal proceeding, so an outside attorney should be engaged.
May a lawyer who belongs to a lawyer-pilots association display the association's decal on the door of his airplane?
No. The opinion concluded that identifying his plane with his profession, even without his name on the decal, is indirect advertising of his profession and was not permitted under the Disciplinary Rul…
May the attorneys for a nonprofit association that runs an unemployment-compensation reserve fund represent the association's member institutions in contesting former employees' unemployment claims?
Yes. The opinion concluded the arrangement met the standards of DR 2-103(D), because the member-employer is the client, the member is free to use other counsel, and neither the fund nor the nonprofit …
Does a conflict that bars a firm from practicing criminal law in a county also bar a solo lawyer who tries the firm's cases in its name under a fee arrangement?
Yes. The opinion concluded the same disabilities that barred the firm extend to the inquirer, because he practices under the firm's name and can do so only as its associate, so he may not take cases t…
May a lawyer who sits on the county planning board represent private clients before municipal planning boards and other municipal agencies in the county?
Not before municipal planning boards. The opinion concluded the lawyer may not appear before a municipal planning board, but generally may represent private clients before other municipal agencies exc…
May a municipal public defender, paid by the town to defend indigent defendants, also represent paying clients before that town's municipal court and agencies?
Yes. The opinion concluded the representation is proper, because the public defender's clients are the indigent defendants he is appointed to defend, not the municipality, so his appointment and salar…
May the attorney for a county vocational school board also represent a civil service council that negotiates contracts for employees of the same county?
No. The opinion concluded that the county school board attorney is part of the county's official family, so representing employees in contract negotiations with the county would invite the inference t…
May a lawyer who represents a county prosecutor in an ethics matter also defend people accused of crime in that same county?
No. The opinion concluded that counsel to a prosecutor should refrain from representing the accused in that county while he represents the prosecutor, because the close personal relationship invites a…
If a lawyer is counsel to a local police union (PBA), can the lawyer appear in criminal courts in that area on matters where no PBA member is involved?
Yes. The opinion concluded that counsel to a local PBA is not barred from appearing in magistrate's or county criminal courts in cases where no PBA member the lawyer represents is a complainant or wit…
Can a lawyer let a client send debt-collection letters on the lawyer's letterhead, where a nonlawyer the lawyer hired prepares the letters and the client mails and handles the replies?
No. The opinion concluded that a lawyer may not send simulated court papers to a debtor, and may not permit a client to send collection letters in the lawyer's name or on the lawyer's stationery.
When a lawyer writes articles for a trade journal, what biographical information may appear in the author byline?
Only the author's name and the fact that he is a New Jersey lawyer. The opinion concluded that adding the J.D. degree and the other proposed biographical details was self-laudatory and prohibited, bec…
Can a lawyer serve as counsel to a local board of health while, in pending litigation, he sues the same municipality on behalf of officials seeking indemnification and fees from it?
No. The opinion concluded the lawyer may not become counsel to the board of health, because he would be collecting fees from the taxpayers through the board while simultaneously suing the municipality…
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Legal ethics opinions from the New Jersey Supreme Court Advisory Committee on Professional Ethics interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.