Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
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Can a legal services lawyer let a funding agency inspect case logs that contain client confidences?
The opinion concluded that attorneys at a legal services support center had to refuse to let a funding agency's representatives inspect logs and notes containing clients' confidences and secrets, and …
Can a New York lawyer mail copies of newspaper articles about the lawyer directly to accident victims along with a letter offering legal services?
The opinion concluded that a lawyer may send a targeted direct-mail letter enclosing newspaper articles about the lawyer to potential clients, provided the mailing comports with the advertising rules …
When a lawyer withdraws, must the lawyer pay to mail the client's file, or is making it available for pickup at the office enough?
The opinion concluded that making the file available for pickup at the office ordinarily satisfies the duty to deliver; if the client will not pick it up, the client bears the cost of mailing or other…
My client has gone silent and the statute of limitations is about to run. What should I do?
The panel advised that the attorney should continue efforts to locate the client, perhaps by a personal visit to the last known address, and file suit as a last resort to protect the client before the…
Can a lawyer serve as counsel to a municipal housing agency while an associate in the firm sits on the same town's council?
The Committee concluded that as long as the inquirer's associate serves on the municipal council and remains part of the firm, an appearance of impropriety bars the inquirer from serving as counsel to…
Can a municipal attorney represent individual town council members in their own private legal matters?
The Committee concluded a municipal attorney may represent a governing-body member in a private matter only if the member's and the municipality's interests are not intertwined; it is barred if the me…
Can a judge let their name appear on a list of supporters endorsing a candidate for bar association office?
The opinion concluded that a judge should not endorse a candidate for elective bar association office by allowing the judge's name, with or without a judicial designation, to appear on a list of suppo…
Must the clerk and deputy clerk of the Ohio Court of Claims file annual financial disclosure statements?
The opinion concluded that the clerk and deputy clerk of the Court of Claims are not required by R.C. 102.02 to file annual financial disclosure statements, but must file them under Canon 6(C) and the…
Can a judge help organize and advise a business joint venture and introduce its potential customers?
The opinion concluded that a judge's active involvement in advising, planning, and organizing a proposed joint venture, and introducing potential clients and businesses to each other, would fall withi…
Can a lawyer write to a business to offer to represent it or to be hired as in-house counsel?
The opinion concluded that an attorney may contact, by mail, an officer or manager of a business to offer general representation (where the business routinely uses lawyers) or to propose being hired a…
Can a full-time judge prosecute patent applications before the U.S. Patent and Trademark Office?
The opinion concluded that preparing, filing, and prosecuting patent applications before the U.S. Patent and Trademark Office is the practice of law, so full-time judges of any Ohio court of record ar…
Can a Mississippi law firm's partnership agreement reduce a withdrawing partner's payout only if he agrees not to compete in the practice of law?
The opinion concluded that a covenant tying a departing partner's recovery from his capital account to a promise not to engage in the private practice of law in competition with the firm violates Rule…
In a collection case, can I deduct the collection agency's disputed fee from the creditor's proceeds, and how should I handle the money?
The panel concluded that the attorney cannot deduct the collection agency's fee from the amount the creditor is entitled to receive, and that the total amount collected and due the creditor should be …
A director of a state agency is suing the agency in his individual capacity. Does the agency's counsel have to withdraw?
The panel concluded that counsel's withdrawal would not cure the conflict created by the director being on both sides; instead, another government officer not subject to the director's authority shoul…
Judgment was entered and my client filed a pro se appeal. Do I still represent the client?
The panel concluded that the attorney no longer has an obligation to the client, but under the comments to Rule 1.16 the attorney should take all reasonable steps to mitigate the consequences of termi…
I represented the City Council in negotiations with the Mayor. Can I keep representing clients with claims against the city, even on unrelated matters?
The panel concluded that because the City Council is integrally involved in matters concerning the city, the attorney should obtain the consent of all involved parties under Rule 1.7 before continuing…
Can I charge a contingent fee to collect child support arrearages, or to get an increase in child support?
The panel concluded that a contingent fee is proper for collecting established child-support arrearages that are due, but improper when the objective is to obtain increased child support, citing Rule …
I need to tell a client my firm won't represent them, but there's no pending case and my certified and first-class mail came back address unknown. Have I done enough?
The panel concluded that, where the firm sent notice by both certified mail (return receipt requested) and first-class mail and both were returned 'Address Unknown,' the attorney has satisfied the obl…
An employee of my client admitted lying in a deposition. What am I required to do?
The panel advised that under Rule 3.3 the attorney should first encourage the client to persuade the employee to come forward and correct the false testimony, and if the employee refuses, the attorney…
If a lawyer represents two different clients in unrelated cases that end up consolidated on appeal with directly opposing positions, can the lawyer keep representing either of them?
When the two clients' positions are diametrically opposed and advocating for one necessarily harms the other in the same consolidated proceeding, the lawyer must withdraw from both representations; cl…
Can a lawyer use what was learned representing a former client to help a new client pursue claims against that former client, and what should the lawyer do if subpoenaed for the information?
Without the former client's consent, the lawyer may not disclose or use the former client's confidences to help a new client against them, and on a subpoena should appear, assert the privilege, and aw…
Does a D.C. lawyer violate Rule 9.1 by discriminating in employment outside D.C. where that conduct is legal?
The opinion concluded that a D.C. Bar member working in Virginia for a legal defense organization did not violate Rule 9.1 by participating in employment decisions in Virginia and Maryland that discri…
If a criminal defense lawyer becomes reasonably certain that the specific cash a client paid as a fee is the actual bills used in the crime, must the lawyer turn that cash over to law enforcement?
The committee concluded that an attorney who believes with reasonable certainty that specific cash received as a fee is the actual money used in the crime must turn that cash over to law enforcement o…
Can an Alabama lawyer pay to join a for-profit attorney referral hotline that runs TV ads and routes callers to the lawyer?
The opinion concluded Alabama lawyers may not participate in the 'Attorney Hotline,' a for-profit referral service, because paying it for the referrals it generates (not merely for advertising) gives …
Can a Michigan law firm list a nonlawyer employee (a former judge now working as an appraiser) on its letterhead, business cards, sign, phone listing, and advertisements?
The opinion concluded that a firm may include a nonlawyer employee on letterhead and business cards if the communication clearly shows the person is not a lawyer, and may announce the hire on the same…
May a lawyer file a class action against a government agency when a different agency of the same government paid the lawyer's fees for the class representatives' related matters?
The opinion concluded yes; the class representatives, not the paying agency, are the clients, so there is no conflict as long as the payor does not direct the lawyer's judgment and the payment is disc…
How should a New York lawyer dispose of closed client files, and how does dissolution of the firm change those obligations?
The opinion concluded that a lawyer may destroy closed files after offering client-owned documents to the client and preserving documents needed to protect substantial rights or required by law, alway…
I had an initial consultation with someone who didn't hire me. Can I now represent an organization against that person in the same matter?
The panel concluded that a conflict of interest exists under Rule 1.9, because a substantive initial consultation is sufficient to constitute representation for this purpose, the interests of the two …
Does a judge have to recuse just because the judge personally knows a lawyer or party in the case?
The opinion concluded that a judge's personal acquaintance with a lawyer or party, without more, is not grounds for automatic recusal; the judge should disclose any concern about the appearance of bia…
In a residential loan closing, what must the lender's attorney tell an unrepresented borrower, and when can the same attorney represent both sides?
The committee concluded that if the attorney represents only the lender, that should be communicated to the borrower, but the rules do not require the lender's attorney to advise the borrower of the r…
Can a law firm pay a nonlawyer consulting firm a contingent share of the tax savings it helps win for clients, and how must the firm handle the consultant's ethics obligations?
Paying an independent-contractor consultant a contingent share of fees violates the rule against sharing legal fees with nonlawyers; the firm must affirmatively communicate its ethical obligations to …
Can I run an advertisement seeking parties to join a class action?
The panel concluded that the proposed advertisement is proper, because the comment to Rule 7.2 notes that soliciting class-action members is not prohibited, as long as the requirements of Rule 7.3 are…
Two law firms are merging. Before the merger takes effect, can lawyers in one firm service the other firm's clients, and who bills them?
The panel advised that it is proper for the attorneys in one firm to service the clients of the other firm before the merger's effective date, with the clients' knowledge and consent, and that corresp…
I was a Superior Court law clerk. Can I now represent a party in a case that was pending before the judge I clerked for?
The panel advised that under Rule 1.12(a) the attorney should not represent any party in a matter that was pending before the judge for whom the attorney clerked, because the attorney often discussed …
I have a fee-division agreement with another lawyer who was later suspended from practice. Can the agreement still be carried out, and how are the fees split?
The panel advised that the fee-division contract cannot be carried out after the date of the other attorney's suspension; the fees should be divided according to the fair value of services rendered be…
Can a lawyer sue a former workers'-compensation client years later in an unrelated car-accident case?
The opinion concluded the lawyer may represent the driver and owner of a vehicle against a former client, because a decade-old workers'-compensation representation is not substantially related to the …
If a lawyer ends up representing two parties suing each other in the same case, can the lawyer fix it by withdrawing from just one of them?
No. The opinion concluded a lawyer may not represent parties, including estates, against each other in the same litigation regardless of motivation, that the conflict cannot be waived, and that withdr…
Can a lawyer who currently represents a state agency also represent someone in an unrelated matter adverse to that agency?
The opinion concluded the lawyer may not represent a client contesting a founded child-abuse complaint by the Department of Human Resources while currently representing the Department in other matters…
Can a lawyer who is now an assistant district attorney represent himself pro se in a civil case filed against him personally?
Yes. The opinion concluded that a lawyer-litigant has the same right as any other individual to represent himself pro se, and noted that whether a statute barring district attorneys from outside pract…
Can a borrower's lawyer render a legal opinion to the lender bank, and does doing so create an attorney-client relationship or conflict with the bank?
The opinion concluded that the borrower's lawyer may ethically render the requested legal opinion to the bank with the borrower's consent. Rendering the opinion does not create an attorney-client rela…
Can a lawyer let his own client contact the opposing represented party to negotiate a settlement without the other party's lawyer's consent?
The opinion concluded that opposing parties may communicate with each other, with or without their lawyers' consent, including to negotiate a settlement, and a lawyer may passively allow his client to…
Can an insurer-retained defense lawyer waive an affirmative defense, like the statute of limitations, on behalf of both the insurer and the insured without the insured's consent?
The opinion concluded that, unless the insured has contractually surrendered to the insurer the authority to waive affirmative defenses, the defense lawyer should not waive such a defense without the …
Can two lawyers hold themselves out to the public as a law partnership if their agreement mainly shares office expenses?
The opinion concluded that two lawyers may hold themselves out as partners only if their association is in fact a firm. Whether a given arrangement is a bona fide partnership is a legal question outsi…
Can a lawyer pay for recorded advertising announcements attached to a commercial telephone legal-information service?
The opinion concluded that a lawyer may participate in a telephone service that pairs recorded legal information with the lawyer's recorded ads, as long as the ads are not false or misleading. Recorde…
Can the underinsured-motorist insurer's lawyer talk to the defendant directly, and can the liability insurer's defense lawyer represent the defendant on the insurer's motion to bow out?
The opinion concluded that the UIM insurer's lawyer, defending in the defendant's name, may not communicate with the defendant without the defense lawyer's consent because the defendant is represented…
Can a law firm lease its own associate attorneys through a nonlawyer employee-leasing company that handles their payroll and benefits?
The opinion concluded that a firm may lease back its own associates through a nonlawyer employee-leasing company that handles payroll, taxes, and benefits, because the fee paid to the leasing company …
Can someone licensed to practice law in another state but not in Ohio use 'Esq.' on business correspondence in Ohio?
The opinion concluded that it is misleading, under DR 2-101(A), for a person licensed to practice law in another state but employed in Ohio as a collections manager to use 'Esq.' after his or her name…
Can a part-time judge appoint a lawyer from the judge's own law firm to serve as a court referee?
The opinion concluded that R.C. 2921.42(A)(1) of Ohio's ethics law prohibits a part-time judge from appointing an attorney in the judge's own law firm to the position of referee, because the appointme…
Can a prosecutor and a criminal defense lawyer who are siblings handle opposite sides of the same case?
The opinion concluded that representation of opposing parties by a prosecutor and a defense attorney who are siblings creates a conflict under DR 5-101(A), worsened when they are former partners and t…
Can a municipal public defender that decides who qualifies for free representation then charge a private fee to a defendant it found ineligible?
The Committee concluded that a law firm hired by a municipality as public defender should not represent for a fee a defendant whom it found, after reviewing the defendant's finances, does not qualify …
Can a law firm's employment agreement split contingent fees with a departing lawyer and restrict notifying clients of the departure?
The opinion concluded that an employment agreement may divide contingent fees between a firm and a departing lawyer on a percentage basis tied to how long the case was with each, because that compensa…
Is it a conflict to handle criminal cases when an employee in your office is the sibling of the chief deputy district attorney?
The opinion concluded there is no conflict in handling criminal cases while employing the brother of the chief deputy district attorney, whether the employee is a lawyer or non-lawyer, because Rule 1.…
Can a lawyer in a government advocacy program turn over a written evaluation of a client's case to a program administrator?
The opinion concluded that a lawyer-advocate may not disclose an evaluation of the merits of a client's case (a 'non-merit' statement) unless the client consents or the law requires it, and a lawyer w…
When a Michigan appellate judge is sued or threatened with suit, must the judge recuse from unrelated cases involving the lawyers or trial judge in the judge's own matter?
Recusal is not automatic absent actual bias, but the judge should consider voluntary recusal, disclose the relationship, and seriously consider any recusal request; the judge should step aside from re…
When can a lawyer or firm be described as 'of counsel' to another lawyer or firm, and how does that affect conflicts of interest?
An 'of counsel' designation is proper only for a close, regular, and personal relationship (not a partner, associate, office-sharer, occasional consultant, or referral source), and of-counsel lawyers …
If a lawyer learns that a suspended lawyer is still practicing law, must the lawyer report it to the disciplinary authorities?
A lawyer who knows a suspended lawyer has continued to practice after the effective date of the suspension must report it to the Attorney Grievance Commission, unless the knowledge is privileged.
Can a judge write a character reference or sign a character affidavit for a criminal defendant?
The opinion concluded that a judge should not provide a character affidavit for a criminal defendant because it is a sworn statement not subject to cross-examination, and should decline to give a pers…
Can a Michigan law firm that co-sponsors a seminar set up a booth outside the room to market the firm to attendees?
The opinion concluded that a law firm co-sponsoring a seminar may set up a booth to market itself, so long as the information complies with MRPC 7.1, attendees are free to stop or walk away, and anyon…
Can a lawyer deposit a retainer or advance fee for work not yet done into the firm's general operating account instead of a trust account?
Generally yes. Georgia FAO 91-2 concluded that a lawyer need not place advance fees in a trust account absent special circumstances needed to protect the client, such as the parties' agreement, the si…
Can a Mississippi lawyer recommend that a client contract with a lay medical-review company that takes a contingent fee in a malpractice case?
The opinion concluded a lawyer may recommend that a client contract with a lay organization paid on a contingent fee basis, so long as the organization does not engage in the unauthorized practice of …
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Persuasive authority: Not binding like court discipline decisions, but state bar formal opinions carry substantial weight.
- Working guidance: The committee shows lawyers what the rule actually requires day to day (conflicts checks, fee letters, intake screens, withdrawal mechanics).
- Practice research: Cite ethics opinions in fee agreements, engagement letters, conflict waivers, and disqualification motions.