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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If a lawyer represents a wife-passenger injured in a car crash, can the same lawyer also handle her husband-driver's derivative loss-of-consortium claim?
Yes, with the husband's consent. The opinion concluded that, given the abolition of interspousal immunity and the relaxed driver-passenger policy for spouses, the wife's attorney may also represent th…
Can a former assistant prosecutor later represent a man he convicted, in a civil-service appeal where that conviction is the reason the man lost his retirement benefits?
No. The opinion concluded the representation is improper under DR 5-105 and DR 4-101, because the conviction he obtained is the very basis of the benefits denial, raising both a confidential-informati…
After an associate leaves a firm, can he represent a former client of that firm in fighting the firm's bill for legal work the associate himself did while employed there?
Effectively no. The opinion concluded that while a client may always choose new counsel and the new lawyer need not collect the old firm's fee, a lawyer must not encroach on the prior attorney's pract…
Does the attorney-client privilege bar a lawyer from disclosing facts about a client's immigration status that the lawyer learned in the engagement?
Under this 1972 opinion, no. Treating the client's unlawful presence as a continuing fraud on the United States, the Committee concluded the lawyer was not prevented by the attorney-client privilege f…
Can a lawyer represent a wife in her divorce after he was briefly retained by the woman named as correspondent (an adversary aligned with the husband) in an earlier phase of the same dispute?
No. The opinion concluded the lawyer should withdraw, because he had earlier represented the correspondent, whose interests were adverse to the wife, and switching sides in related matrimonial litigat…
When a lawyer runs for office in a service organization, can his campaign materials identify him as a lawyer and list his legal background?
Yes, in a limited and dignified way. The opinion concluded that identifying a lawyer-candidate as a lawyer with a brief legal resume falls within the recognized exception for political publicity, but …
Can a lawyer advertise services like tracing heirs for title clearance to the public, or announce that availability to other lawyers in a legal journal?
Advertising such services to the general public is improper, but the opinion concluded a lawyer may publish a dignified announcement of his availability as a consultant or associate to other lawyers i…
After two legal-aid offices merge under one board of trustees but stay separately run, can a lawyer in one office oppose a lawyer in the other office on behalf of opposing clients?
Yes. On the facts, the opinion concluded that where the two legal-services components remain autonomous divisions with separate administrators, no shared office space, and no access to each other's fi…
Can a municipal prosecutor also take public-defender assignments to defend criminal cases in county court?
Sometimes. The opinion concluded a municipal prosecutor may not defend an accused in county court where the offense arose in, or the accused lived in, his own municipality, but may do so where both th…
Can a lawyer advertise that he represents only poor people at reduced fees where the county has no free legal services?
No. The opinion concluded that charging fees scaled to a client's ability to pay is proper, but advertising or soliciting professional employment for a named lawyer on that basis would violate the pub…
Can a lawyer defend criminal cases in the same county where his spouse serves as an assistant prosecutor?
No. The opinion concluded that defending criminal matters in a county where one's wife is an assistant prosecutor would be improper, because the marital relationship places an undue, perhaps impossibl…
Can a lawyer who is counsel to one city challenge a neighboring city's tax assessments when his law partner is the mayor of that other city?
No. The opinion concluded that neither partner should participate, because partners who share earnings cannot owe divided loyalties to two cities whose tax positions directly conflict, and even the ap…
When a lawyer leaves government service to return to private practice, what can the announcement card say?
The opinion concluded such announcements must follow the professional-notice rules: a brief card may give new or changed associations or addresses to lawyers, clients, former clients, friends, and rel…
Can a lawyer who once defended one co-defendant now represent the other co-defendant, whose interests are adverse, on a related charge?
Only on strict conditions. The opinion concluded it would be unwise for the lawyer to represent the new co-defendant unless he is convinced beyond doubt the matters are unrelated, no confidences are i…
Can a lawyer who represented a police union in salary talks with a town then become the municipal court judge in that same town?
The opinion declined to bar it. It concluded that selecting a municipal judge is solely the governing body's discretion, and that whether the judge's prior ties to police officers require him to disqu…
How far does serving as county counsel limit a lawyer's private practice before county courts, the surrogate, zoning boards, and a bank he is tied to?
The opinion concluded county counsel is not broadly barred: he may practice in the county courts (except criminal and probate matters reserved by rule), may appear before local zoning boards unless th…
Is a municipal attorney automatically conflicted out if his spouse becomes the town's tax collector?
No. The opinion concluded there is no conflict per se when a municipal attorney's wife serves as tax collector of the same municipality, whether she is elected or appointed, though a particular situat…
Can a lawyer let a novelist client name a lawyer character in a novel after the lawyer?
Only with caution. The opinion concluded the lawyer should not grant permission unless he first makes certain that doing so would not violate the publicity rule barring self-laudatory public communica…
Can a law firm call itself 'The Firm of John Smith' or 'John Smith & Associates' if the letterhead lists everyone?
Yes, if it is not misleading. The opinion concluded such names are acceptable provided the named lawyer remains in active practice and the letterhead clearly shows who are members and who are associat…
Can a New Jersey lawyer form an interstate partnership and use the out-of-state firm's name on the New Jersey letterhead?
The opinion concluded that interstate partnerships are not unethical, but a New Jersey firm name may include only those who are or were New Jersey bar members, and the out-of-state firm's name may not…
Can a lawyer use the law firm's letterhead to send a political endorsement letter?
No. The opinion concluded that a letter on a law firm's stationery, sent to police describing benefits if certain candidates were elected, was improper; publishing lawyers' endorsements on firm statio…
If one lawyer in a firm sits as a tax-appeals judge, can the firm handle tax appeals before that tribunal or the boards below it?
No. The opinion concluded that because the associate-judge could not appear in tax matters that reach his own tribunal, that disqualification imputes to the whole firm, and his recusal in particular c…
Can a lawyer who moves out of state but keeps his New Jersey license take an 'of counsel' role with a New Jersey firm and share fees on a percentage basis?
Yes, if he qualifies to practice here. The opinion concluded a lawyer may ethically be 'of counsel' to a New Jersey firm and be paid a percentage of fees, so long as he meets the requirements to pract…
Can a lawyer list his law-school graduation, bar admission, and new office in a university alumni booklet, and what may he list there?
Only a basic listing. The opinion concluded a lawyer may not advertise his graduation, bar passage, or office opening in an alumni booklet, which is not an approved law list, but may list only his nam…
If a lawyer is the attorney for a municipal utilities authority, can he, his partner, or his associate appear before other municipal agencies of the same town, or represent other agencies of that town?
No to appearing before other agencies for private clients. The opinion concluded the lawyer, his partner, and his associate may not appear before the municipality's other agencies, and a municipal att…
Can a lawyer represent a wife in a divorce against a husband for whom the lawyer once did unrelated work, like a home purchase and a single collection call?
It depends on confidences. The opinion concluded that, assuming the lawyer obtained no confidences about the husband's finances or resources in the earlier unrelated matters, it would not be improper …
Can an employee of a planning board's attorney, or an attorney who sits on the board of adjustment, practice before other agencies of the same municipality?
No. The opinion concluded that neither an employee of a municipal agency's attorney nor an attorney member of a municipal board may practice before other agencies of the same municipality, because the…
Can a lawyer in good standing share or use office space with a disbarred attorney, and does moving the disbarred person's office within the same building fix the problem?
No. The opinion concluded that sharing or using office space with a disbarred attorney violates the regulation barring it, and relocating within the same building cures the violation only if the offic…
If a lawyer represents both buyer and seller in a real estate deal and a dispute breaks out between them, can the lawyer keep representing one of them?
No. The opinion concluded that once a serious controversy arises between jointly represented buyer and seller, the lawyer may no longer represent either party and must withdraw from both.
Can a lawyer who handled a company's workers' compensation defense later represent those same employees in new compensation claims against the company?
No. The opinion concluded that a lawyer who formerly defended a corporation in its employees' compensation matters, and had access to the corporation's injury files, may not now represent those employ…
Can a lawyer serve as municipal attorney when his father owns the corporation developing land bought from that municipality, even if the lawyer recuses on those matters?
No on these facts. The opinion concluded that although not improper per se, it was clearly improper for the lawyer to serve as municipal attorney where his father owned the development corporation, an…
Can a former assistant county prosecutor defend someone indicted from an investigation his old office ran, if he played no part in it and had already resigned?
No. The opinion concluded it would be improper for a former assistant prosecutor to defend a person indicted as a result of an investigation by his former office, even though he took no part in it and…
Can a county counsel represent a private client in a suit against the county's commissioner of registration challenging one of the commissioner's rulings?
No. The opinion concluded that because the public sees county counsel as the lawyer for the whole 'official county family,' which includes the commissioner of registration, representing a private part…
Can a county counsel represent private clients before municipal courts and bodies, such as on traffic and disorderly-persons charges or in civil municipal matters?
It splits. The opinion concluded a county counsel should not appear for private clients before a municipal court on traffic or disorderly-persons matters, but generally may represent private clients i…
If a firm sublets office space to an attorney who sits on the county board of freeholders, can the firm still appear before the county board of taxation?
No. The opinion concluded that because the freeholder-attorney subtenant is an 'office associate' of the firm, neither the firm nor anyone in it may appear before the county board of taxation.
If a lawyer's son becomes a full-time assistant prosecutor and they dissolve their partnership, can the father keep practicing criminal law in that county?
No. The opinion concluded that the father and former partner of a full-time assistant prosecutor should not continue to practice criminal law in the county, even though the son is only one of fourteen…
Can a law firm put its firm name or the partners' names on a Christmas or other seasonal greeting card?
No, not in the firm name. The opinion adopted ABA Formal Opinion 309: seasonal greetings should not be sent in the firm name or in an attorney capacity, should not refer to the profession, and should …
Can one attorney represent both the board of adjustment and the planning board of the same municipality?
Only if no conflict arises. On reconsideration, the opinion concluded that an attorney should not represent both boards in the same municipality if there is or may be a conflict of interest in a parti…
If a partner leaves a firm to become an active associate at another firm but keeps a small interest in the old one, can his name stay in the old firm's name?
No. The opinion concluded that the name of a partner who withdraws from a firm but continues to practice law in New Jersey should be omitted from the firm name to avoid misleading the public.
Did Opinion 183's permission to list 'J.D., LL.M. (in Taxation)' apply to professional announcements?
Yes. This opinion clarified that the last sentence of Opinion 183, allowing the degree language, was a reply to an inquiry about the distribution of announcements, and so is directed to announcements.
Can a lawyer who regularly defends people accused of crime also serve as attorney for organizations of law enforcement officials?
No. The opinion concluded that a lawyer regularly engaged in defending those accused of crime may not also serve as attorney for organizations of law enforcement officials.
Can a lawyer defend a criminal client when the witnesses against him are officers of a company the same lawyer also represents, if everyone knows and consents?
Yes, on these facts. The opinion concluded that with full disclosure and the client's consent, and no confidences from prior work usable against the client, the lawyer may continue to represent the cr…
Can a lawyer represent a workers' compensation claimant against an employer the lawyer's office also represents in other matters?
No, while the representation continues. The opinion concluded that it is improper to represent a comp petitioner against an employer the attorney still represents; if that representation has fully end…
Can one lawyer represent both the driver and the passenger-owner against the other driver if they sign waivers agreeing not to sue each other?
No. The opinion concluded that consent and waiver do not permit an attorney to represent two or more parties who may have potential claims against one another arising out of the same transaction.
Can a lawyer represent a town's zoning board when his law partner (and relative) sits on the town's governing body?
No. The opinion concluded that it is not proper for an attorney to represent a zoning board where his law partner sits as a member of the municipality's governing body, because appearing before his ow…
Can a firm's announcement say that associating attorneys are with its 'Securities Law and Corporate Practice Department,' and may it be sent to lawyers?
Yes, to lawyers only. The opinion concluded that 'Securities Law and Corporate Practice' is a particular branch of law under Canon 46, so the inquirer may include that language in an announcement sent…
Can a lawyer list degrees like 'J.D., LL.M. (in Taxation)' after his name in a professional announcement?
Yes, to lawyers only. The opinion concluded that, under Canon 46, the inquirer may include the degree language 'J.D., LL.M. (in Taxation)' in an announcement he sends to the local bar.
If a lawyer becomes municipal prosecutor, are his partners barred from appearing before the town's boards, and from other towns' courts?
Partly. The opinion concluded that if a partner becomes municipal prosecutor, all firm members are barred from appearing before that borough's council and boards; they are barred from other municipal …
Can one lawyer pay another a referral fee for sending over the driver of a car while the referring lawyer keeps the passenger from the same crash?
No. The opinion concluded that a referral fee for sending the driver to one lawyer while the referring lawyer keeps the passenger violates the spirit, if not the letter, of the Supreme Court's directi…
Can a bar association set up, and lawyers join, a plan to finance clients' legal fees through local banks?
No, as revised. The opinion concluded that even after deleting the provision letting the bank hire the lawyer to sue a defaulting client, the legal-fee financing plan still connoted a commercializatio…
Can a zoning board attorney keep defending the board on appeal when the appealing applicant is a client of the attorney's law partner?
No. The opinion concluded it is unethical for a board of adjustment attorney to continue defending the board's denial of a variance when his firm partner represents one of the principals of the appeal…
Can a lawyer collect a finder's fee from a bank for steering client funds into its accounts, and must he disclose and hand over the fee?
Yes with consent, but the fee belongs to the client. The opinion concluded a lawyer may recommend such investments only with full disclosure and knowledgeable consent, and must turn over or credit the…
Can a lawyer who is a part-time associate of the municipal attorney appear as counsel for the town's board of adjustment in litigation the municipal attorney is also handling?
No. The opinion concluded that because the inquirer and the municipal attorney were associated (indirectly if not directly) in the practice of law, and were publicly so perceived, his appearing for th…
Can a lawyer help a client buy a dormant corporation so the client can borrow at an interest rate that would be usurious if lent to an individual?
It depends on the facts. The opinion concluded the question is factual, not ethical: if the corporate borrower is bona fide (formed or used for valid business reasons, not as a cloak to evade the usur…
Could a lawyer collect legal fees through a bank credit-card plan, validating and depositing the bill for immediate payment?
No, at the time. The opinion concluded that, following the ABA, it would be unprofessional for a lawyer to subscribe to a bank credit-card plan for collecting legal fees, because such plans treat prof…
Can a municipal attorney appear with a municipal official subpoenaed to testify about municipal matters, and can the town pay for it?
Yes, within limits. The opinion concluded that a municipal attorney may represent an official testifying on municipal matters and the town may pay, but he must withdraw and send the official to separa…
Can a municipal attorney foreclose tax sale certificates for private clients in the same municipality he serves?
No. The opinion concluded that the potential conflict inherent in foreclosing private clients' tax sale certificates in the municipality the attorney serves makes such representation improper.
Can a corporation's general counsel set up an office at the company to prepare wills and estate plans for employees who pay their own fees?
No. The opinion concluded the plan violated the Canons of Professional Ethics: it was not protected group legal practice, and it raised an employer intermediary problem (Canon 35), solicitation and ad…
Can a lawyer practice in the criminal and juvenile courts where his mother works as secretary to the county's Chief Probation Officer?
Yes. The opinion concluded that, absent actual misconduct, the mere employment of a close relative in a court-related department does not create enough appearance of impropriety to bar the attorney fr…
Can a lawyer (or his firm) defend an indigent criminal client when the lawyer's brother is an investigator in the prosecutor's office?
It depends on whether the brother is a witness. The opinion concluded the assigned attorney (and his firm) may represent the defendant when the investigator brother will not testify, but it is imprope…
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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.