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 North Carolina closing lawyer who regularly represents a developer-seller also represent the buyer in closing a residential sale?
The opinion concluded the closing lawyer may represent both the developer-seller and the buyer only if the lawyer reasonably believes the common representation will not be adverse to either client,…
When a corporate client files Chapter 7 bankruptcy, who is the lawyer's client, what may the lawyer tell the trustee, and may the lawyer act over the sole shareholder's objection?
The opinion concluded that once a Chapter 7 trustee is appointed, the trustee controls the corporation's civil claim and is entitled to all confidential information about it; the lawyer may pursue…
Can a North Carolina lawyer send targeted direct mail without the firm's address, and can the advertising disclaimer be printed in hard-to-read light type?
The opinion concluded a lawyer may not send a targeted direct mail letter without the firm's address because the omission is materially misleading, and the required 'advertisement' disclosure must…
Can a lawyer in North Carolina contact a current or former employee of a represented organization without the organization's lawyer's consent?
The opinion concluded the no-contact rule protects any current employee who has managerial responsibility, and bars contact with a former employee who participated substantially in the…
Can a North Carolina prosecutor have officers plant an undercover officer in the cell of represented defendants to listen to their conversations?
The opinion concluded a prosecutor may instruct officers to place an undercover officer who only listens, and does not question or advise the defendants, in a cell with represented defendants,…
My firm was hired by an insurer to defend both the insured and the driver, but the driver never responded and now the insured has given me information adverse to the driver. Can I drop the driver and represent the insured?
The panel concluded that Rule 1.7 prohibits the lawyer from representing the insured whether or not the lawyer withdraws from representing the driver, because the two clients' interests are directly…
Can a North Carolina lawyer for a public body issue a press release responding to news coverage of pending civil litigation without violating the trial-publicity rule?
The opinion concluded the school board's press release did not violate Rule 3.6 because the statements were not on the rule's prohibited list, much of the information was already public, it…
Can a North Carolina law firm add finance charges or interest to clients' past-due bills, and what notice or agreement is required?
The opinion concluded a firm may add finance charges to past-due accounts only as allowed by usury and consumer-credit law: legal-rate interest is available under the statute without prior notice,…
Can a North Carolina lawyer explain the legal effect of service of process to a client, and may the lawyer advise the client on how to evade service?
The opinion concluded a lawyer may explain how service works and that the client has no duty to volunteer to accept process, but may not advise or instruct the client to evade service (including…
Does a lawyer have a conflict of interest when the lawyer is a beneficiary of a trust that owns stock in companies that turn out to be clients or opponents of the firm?
The opinion concluded that ordinarily there is no conflict and no disclosure duty, because such a financial interest only rarely could reasonably affect the lawyer's professional judgment; only in…
Can a lawyer who is also a licensed insurance broker sell long-term care insurance to the lawyer's own estate-planning clients?
The opinion concluded no: a lawyer may not sell long-term care insurance to a client the lawyer represents in estate planning, because advice about that insurance is central, not tangential, to the…
Can an Arizona lawyer pay a marketing agency a flat monthly fee to send accident victims to the firm, and can a lawyer buy a towing company's customer list?
The opinion concluded that the flat-fee marketing arrangement was a for-profit lawyer referral service that no bar association sponsored or approved, prohibited by ER 7.1(j) and 7.1(r); but a lawyer…
Must lawyers and judges report a defense attorney to the bar when that attorney files an affidavit admitting ineffective assistance of counsel?
Not automatically. The opinion concluded that an affidavit acknowledging ineffective assistance does not by itself trigger the ER 8.3 duty to report; the reporting lawyer must still judge, case by…
Can a public defender complete a court's pretrial status report disclosing meeting dates, discovery status, and plea review without breaching confidentiality?
Yes. The opinion concluded that although the information on the superior court's Defendant Initial Status Report is confidential under ER 1.6, a public defender may disclose it because completing…
Could a lawyer association publish an online member directory without a specialization disclaimer?
Truthful basic listings were allowed. Information implying specialization or superior competence triggered a Rule 4-7.4 disclaimer unless a stated exception applied; the effect of honors and…
Could a part-time assistant prosecutor serve as guardian ad litem in juvenile cases involving the juvenile officer?
The opinion found a conflict whenever the Juvenile Officer was an interested party in a case where the assistant prosecutor would serve as guardian ad litem.
Could a lawyer report only earned fees as gross receipts when insurers reported the whole joint settlement check?
The opinion said the lawyer’s proposed reporting approach did not violate Rule 4-1.15. It warned that any approach exposing client or third-party trust funds to the lawyer’s creditors would violate…
Could a contingent-fee agreement split case costs equally between lawyer and nonindigent client if there was no recovery?
Yes. The opinion said the proposed arrangement complied with then-effective Rule 4-1.8(e)(1).
Could separately practicing lawyers share a network that gave everyone access to each other’s client files?
No. The opinion said separate practices must present themselves as separate and keep other office sharers from confidential electronic and paper files, including fax material.
Could a Missouri lawyer partner with an attorney licensed only in a neighboring state and maintain offices in both states?
The opinion said the proposed partnership did not violate Missouri Supreme Court Rule 4 on the stated facts, which included license-state identification on letterhead and avoiding unauthorized practice.
Could a lawyer accept equity in a newly formed client company for legal work?
The opinion allowed the equity interest because the lawyer had complied with Rule 4-1.8(a). It warned that later conflicts could make continued representation of the company impossible.
Could insurance defense counsel follow an insurer’s audit, billing, and flat-fee requests without the insured’s informed consent?
The opinion required the insured’s consent for each described request, after explanation of its effect under Rules 4-1.8(f) and 4-1.4. Without consent or insurer waiver, the lawyer was to withdraw.
Could one guardian ad litem remain for three siblings when one child’s interests conflicted with the others?
The opinion said the lawyer had to seek withdrawal as guardian ad litem for all three and ask the court to appoint a separate guardian ad litem for each.
Could a solo lawyer continue using another lawyer’s firm name after that lawyer left private practice?
No. The opinion said the firm could not use “Pat Doe Law Firm” while Pat Doe was no longer part of the practice.
Could a lawyer continue using a maiden name professionally after changing the legal surname used personally?
Yes. The opinion found no Rule 4 violation and said the lawyer should ensure the professional name was provided to the bar, supreme court clerk, and disciplinary counsel.
Could a client sign and send a client-written request on the lawyer’s firm letterhead?
No. The opinion barred client correspondence on the firm’s letterhead, but allowed the lawyer to send a separate letter saying the lawyer represented the employee.
Could a lawyer consult someone already represented by another lawyer about replacing that lawyer?
The opinion allowed consultation, a new engagement, and help notifying former counsel at the person’s request. It said Rule 4-4.2 did not apply because the lawyer was not representing a client in…
Could a lawyer send a deceased former client’s closed files to counsel for the estate and surviving spouse?
Only if the client consented before death or a court ordered disclosure after the confidentiality issue was fully raised. The opinion called for any order to be specific and limited.
When would a departing associate’s earlier firm work conflict a new firm in workers’ compensation matters?
The opinion said the new firm had a Rule 4-1.10 conflict for matters the associate participated in or learned confidential information about at the former firm, including through informal office…
Could a lawyer who formerly represented a wife later represent her former husband’s new spouse in divorce?
On the stated facts, the opinion found no Rule 4-1.9(b) conflict, but said a conflict would exist if information from the former representation could be used against the former wife.
Could defense counsel discuss settlement history with the plaintiff after the case was dismissed?
The opinion permitted that discussion only once the matter was finally concluded and the defense client consented.
Could a firm hire a legal assistant from a co-defendant’s lawyer without withdrawing from the shared case?
The opinion allowed the firm to continue only if the assistant was completely and effectively screened from all contact with or access to that case. It reserved court disqualification and…
Could a lawyer be a partner in one firm and of counsel to another?
Yes, but the opinion said each firm’s conflicts became the other’s and both firms had to disclose the relationship wherever they presented themselves publicly.
Could a lawyer remove personal impressions and case notes before returning a former client’s file?
On the described facts, the opinion treated the notes as part of the file that had to be provided to the client.
Could one lawyer continue representing probate plaintiffs divided over an aggregate settlement?
The opinion found a conflict and required withdrawal from all plaintiffs unless one group consented to continued representation of the other. Without a decision-making entity, each client decided…
What did this 1998 opinion require before a client chose email for attorney-client communications?
The opinion required an understandable explanation of email communication risks before the client decided to use it. It said the explanation need not be technical.
Could six lawyers’ professional corporations become members of their existing law-firm LLC?
The opinion said the proposed structure would not violate Rule 4 if it complied with applicable statutes and regulations.
Could a prosecutor also represent an estate whose personal representative accepted a Medicaid claim by a state agency?
The opinion allowed continued estate representation if the personal representative knowingly chose not to contest after disclosure and a chance for independent counsel. Any adversity with the…
Could insurance defense counsel limit work to services the insurer would pay for without the insured’s consent?
No. The opinion required informed consent after explaining the limits and their effect. Without consent, counsel could not represent the insured subject to those limits.
Could defense counsel directly interview a parent represented in a related child-abuse order case?
No. On the stated facts, the opinion said Rule 4-4.2 barred direct contact. The constitutional duty of effective assistance did not override the rule; contact could proceed through the parent’s lawyer.
Could a personal-injury lawyer provide cash support to a client’s family during a pending case under this 1998 opinion?
The opinion said then-effective Rule 4-1.8(e) barred loans and other financial aid except advancing litigation costs and expenses. An official note identifies a 2021 amendment.
Did a new partner’s prior firm being opposing counsel automatically disqualify the hiring firm?
On the stated facts, the opinion found no apparent conflict under Rules 4-1.9 and 4-1.10 because the partner had no confidential information about the matter, including from meetings or informal talk.
Could government counsel defend a records suit if the lawyer might be a necessary witness?
The opinion barred the lawyer from trial advocacy if likely to be a necessary witness. Another lawyer could handle trial and pretrial issues involving the first lawyer’s credibility; the first…
Could a former legal secretary prepare injury files for a percentage of the legal fee?
No. The opinion said the proposed percentage arrangement was prohibited fee sharing with a nonlawyer under Rule 4-5.4.
Could screening a lateral associate let a defense firm keep a case the associate had handled for the plaintiff?
No. The opinion said screening did not avoid the imputed conflict. The plaintiff could waive it; otherwise the defense firm had to withdraw before the associate joined.
Could a lawyer testify or produce client files after a judge ordered disclosure over confidentiality objections?
The opinion allowed compliance after confidentiality was fully raised, or available appellate review. It said the lawyer should seek a specific and limited order.
Could lawyers who would testify about a copied will also serve as trial counsel in its probate case?
The opinion said the two witness lawyers should not serve as trial counsel under Rule 4-3.7; another lawyer in the firm could.
Could an out-of-state lawyer maintain a Missouri office solely for immigration representation without Missouri admission?
The opinion said no; the lawyer would need Missouri licensure to maintain such an office for advising and representing clients.
Could a lawyer’s business card say “No recovery, no legal fee” without mentioning client costs?
No. The opinion required a disclaimer that the client might owe costs and expenses. It said any Rule 4-7.2 or 4-7.3 issue from use of the card depended on the circumstances.
May a lawyer place judgment funds held by a clerk during an appeal in an interest-bearing trust account?
The opinion says a separate, interest-bearing, non-IOLTA trust account is appropriate; the interest belongs to the client. It makes the account choice depend in part on expected income compared with…
Does a former prosecutor have a conflict in defending someone the lawyer once prosecuted on two traffic matters?
On the facts supplied, the opinion says it did not appear that a conflict prohibited the former prosecutor from joining the defense of the person's later felony case.
May a former prosecutor defend a DWI client who was a witness in an unrelated pending prosecution?
Based on the stated facts, the opinion says no conflict prohibited the former prosecutor from representing the person in the DWI case.
Does Missouri's lawyer noncompetition rule apply to a mediator's contract restricting only mediation work?
The opinion says mediation alone is not the practice of law, although mediation and legal practice can be mixed. Because the contract restricted only mediation, it concluded Rule 4-5.6 did not apply.
May a lawyer join a referral service that telephones accident victims before they request a referral?
The opinion says participating in a service that solicits prospective clients for lawyers by telephone or in person violates Rule 4-7.3. It also addresses targeted mailings and the lawyer's duty to…
Does a lateral lawyer have a conflict when the new firm represented the opposing estate's decedent?
The opinion says the lawyer must determine whether the new firm obtained confidential information from the former representation that could harm the decedent's interests. On the supplied facts, no…
May a Missouri law firm let clients pay delinquent legal fees with standard credit cards?
The opinion permits routine payment of legal fees through standard credit card transactions. It says the answer could change if the firm's arrangement with the provider required unusual transaction terms.
May an office-sharing lawyer use a firm's computer network if both sides agree not to read each other's client files?
The opinion says the firm may not grant network access without blocking the office-sharing lawyer's access to its client files. It says the result would differ for an of-counsel lawyer and restricts…
Can unaffiliated lawyers' website disclaimer alone prevent them from being treated as a firm?
The opinion says a clear disclaimer may explain the lawyers' relationship but may not prevent ethical treatment as a firm. It also identifies email-security notice and possible conflicts from…
Does a chiropractor's mailing program to recruit patients for a lawyer create an ethics problem?
The opinion says the proposed arrangement, including the chiropractor's lien, appeared to create a Rule 4-1.7(b) conflict. It also objects to the lawyer's lack of independent review of each mailing…
May a plaintiff's lawyer informally question a trucking company's co-driver and office employee?
The opinion identifies three Rule 4-4.2 categories that may bar direct contact but does not decide whether either employee fits them. It says those classifications are legal questions outside the…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Weight varies by state: Most bar opinions are advisory, not binding like court discipline decisions, though formal opinions carry substantial weight. Some states go further: Georgia and Virginia opinions approved by the state supreme court bind lawyers there, New Jersey's bind the ethics committees that decide grievances, Rhode Island and Alabama protect the lawyer who asked for an opinion and followed it, and Utah and North Dakota protect lawyers who rely on one. Each opinion page says how much weight its opinion carries.
- 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.