Legal Ethics Opinions
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If a lawyer drafts a client's will naming himself executor and trustee, may he take both an executor's and a trustee's commission?
The committee concluded the question was not directly governed by the Rules: the lawyer could take a double commission on the same terms a non-lawyer could, but any commission method set in the will s…
When a law firm partner sits on city council, can the firm's other lawyers represent clients against the city or appear in city court?
The committee concluded that a councilman partner is barred under Rule 1.7(b) from representing clients adverse to the city, and that bar is imputed to the firm under Rule 1.10(a); but the Rules do no…
Can a lawyer reveal a former client's criminal record to warn an employer when the former client takes a job that puts vulnerable people at risk?
The committee concluded that if the lawyer believes the former client is 'reasonably likely' to intend a crime against the children in his care, the lawyer may, after trying to persuade the client to …
Is Georgia Formal Advisory Opinion 90-2 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 90-2, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Does a lawyer violate the rules by telling an opposing witness, after her deposition, that the deposition could have been skipped if the other side agreed not to call her at trial?
The committee concluded that disclosing such an offer to the witness after her deposition did not violate Rule 3.4, because it neither obstructed discovery nor asked the witness to refrain from giving…
In an uncontested divorce, can one spouse's lawyer draft and file a responsive pleading and waiver of appearance for the unrepresented other spouse?
The committee concluded that a lawyer may draft and submit a responsive pleading and waiver of appearance for the unrepresented opposing party in a divorce, but only after deciding, on the facts, that…
Can a lawyer advise a client to talk directly with an adverse party who has their own lawyer, without that lawyer's consent?
The committee concluded that Rule 4.2 restricts the lawyer's own contact, not the parties', so a lawyer may tell a client it is permissible to speak directly with a represented adverse party, as long …
Can law firm principals own a life insurance agency and refer their estate-planning clients to it for commissions?
The committee concluded the arrangement appears permissible only with full written disclosure and the client's written consent, and only if the lawyer constantly acts in the client's best interest des…
Can a former assistant solicitor defend criminal cases in the county where he served, and does it matter that his spouse is still a solicitor there?
The committee concluded that a former assistant solicitor may defend in the county where he served, except in a matter he handled personally and substantially as a public employee (which needs the sol…
Can a lawyer voluntarily disclose the identity of his clients and how much work he does for them, for instance in his own divorce discovery?
The committee concluded that client identity and the amount of work done for a client are information relating to the representation protected by Rule 1.6(a), so the lawyer may not voluntarily disclos…
If an associated co-counsel in a contingency case is court-ordered to withdraw, can he still recover a share of the fee, and how is it measured?
The committee concluded that a co-counsel who worked on a contingency case without disqualification but was later ordered by the court to withdraw, through no fault of his own, may recover a reasonabl…
Can lawyers own a corporation that processes insurers' Second Injury Fund claims, as long as it only does paperwork and refers any litigation out?
The committee concluded that lawyers may own and operate such a corporation if its activities are purely ministerial (preparing claim forms); giving legal advice, negotiating, or appearing at hearings…
When a law firm member serves as a part-time municipal judge, can the firm's other lawyers appear before that same court?
The committee concluded that a part-time municipal judge may not practice in the court he serves, and that disqualification is imputed to his law partners, who may not appear before that court either;…
Can a criminal defense lawyer warn the authorities that the client's associates plan to murder a witness?
The committee concluded the lawyer has discretion to reveal enough information to prevent the murder: if the information is a confidence or secret, DR 4-101(C)(3) (and its analogy) permits disclosure …
Is Georgia Formal Advisory Opinion 90-1 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 90-1, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Can a lawyer run an estate-planning arrangement with an insurance agency where the agent sends customer data, the lawyer writes a memo, and the agent sometimes pays?
The committee concluded the arrangement raises several issues the lawyer must manage: an unsolicited memo may be a solicitation under Rules 7.1 and 7.3, the customer may become a client triggering a R…
Can a private lawyer who sits on a public defender's board represent a co-defendant the public defender cannot take due to a conflict?
The committee concluded that a private lawyer who serves on a public defender or legal services board may represent clients adverse to the agency's clients under Rule 6.3, provided that in the board r…
Can a lawyer representing himself serve as both advocate and witness in his own case?
The committee concluded that neither the Rules nor the former Code prevents a lawyer from being both advocate and witness in his own case, because Rule 3.7 and its predecessors address representing a …
Can a lawyer post cash in lieu of a surety bond for a client, and from what kind of account should the check be drawn?
The committee concluded that a lawyer may not advance his own money as cash in lieu of a surety bond (that is prohibited financial assistance), but may post the client's own funds if the client is giv…
If a lawyer stepped aside at trial because he might be a witness but never testified, can he represent the client on appeal?
The committee concluded that a lawyer who declined trial representation because of his potential witness status may represent the client on appeal where he did not actually testify, since the advocate…
Can a law firm mail a free substantive legal newsletter to non-clients in an industry without labeling it as advertising?
Yes. The opinion concluded that a firm may distribute an informational construction-law review to non-clients, and that because it was not aimed at people known to need specific legal services and car…
Can an assistant solicitor appear before a circuit judge whose law clerk is the solicitor's own spouse?
The committee concluded that an assistant solicitor should be precluded from appearing before the resident judge on any matter while his spouse serves as that judge's law clerk, because a clerk person…
Can a lawyer co-own a consulting corporation with nonlawyers that offers legal advice and representation to the company's clients for a fee?
The committee concluded that a lawyer could not participate in a consulting corporation co-owned with nonlawyers that provides legal services to clients for a fee: it would have the corporation practi…
Can a lawyer guarantee a client's loan from an outside lender, to be repaid from settlement, instead of advancing the money directly?
The committee concluded that guaranteeing a client's loan from a lender, to be repaid from settlement proceeds, is improper for the same reasons direct loans are: it gives the lawyer a personal financ…
How may a court-certified specialist announce the certification in printed announcements without misstating the credential or implying broader specialties?
The committee concluded the lawyer could advertise the certified specialty but could not say she was 'appointed' by the Supreme Court, must avoid implying certification in non-certified fields she mer…
Can a West Virginia county prosecuting attorney investigate or prosecute county public officials whose offices the prosecutor represents?
Yes, not a per se conflict. The opinion concluded a county prosecutor represents the office, not the individual occupying it, so prosecuting a county official is not a conflict per se; but the prosecu…
Can a law firm lease office space from a nonlawyer landlord where the rent is a percentage of the firm's gross receipts?
The Committee concluded the arrangement is impermissible. Because a law firm's gross receipts are predominantly legal fees, percentage-of-gross-receipts rent is a sharing of legal fees with a nonlawye…
Can a lawyer leaving a firm agree, in exchange for periodic payments, not to practice for current or former firm clients, and can the firm keep using his name after he returns to practice?
The Committee concluded an agreement that restricts a departing lawyer's practice as a condition of post-termination retirement-type payments is permitted under Rule 5.06(a)'s retirement-benefits exce…
Can a personal injury lawyer own a stake in a lending company that loans money to the lawyer's clients, and pass the lender's interest charges on to the client as a case expense?
On the assumed facts, the Committee concluded an attorney may own an interest in a lending institution that loans to the attorney's personal injury clients, and may borrow from such an institution to …
Can a lawyer mail a witness a document that looks like a court subpoena, but was never issued or authenticated by the court, to pressure the witness into appearing?
The committee concluded the practice is forbidden, because making a witness believe a self-prepared document is compulsory court process violates the rules against prohibited inducements, disobeying t…
Must a lawyer tell the client the hourly rates charged for paralegals and other non-lawyer staff, and can the lawyer bill that non-lawyer time as if it were attorney time?
The committee concluded a lawyer must disclose the rates charged for non-lawyer staff and may bill separately for their supervised work, but billing non-lawyer time as attorney time would be a fraudul…
When a lawyer is on contract to a government entity, sits on a client's board, or has firm members serving as guardians ad litem, can the lawyer also represent clients whose interests look adverse to those responsibilities?
The committee concluded Rule 16-107 permits such representation only if the lawyer reasonably believes it will not adversely affect either client and both clients consent after full disclosure, and th…
Does a criminal defense lawyer have to volunteer information to the court (a guilty plea, or a sentencing hearing that was never scheduled) when neither the lawyer nor the client was asked and the client did not lie?
The committee concluded the candor and truthfulness rules require a lawyer not to make a false statement of material fact, but impose no duty to volunteer the disposition of a related charge when no o…
Can a full-time municipal attorney advocate for city management in a grievance heard by the city commission when that same commission is the attorney's regular client in its other capacities?
The committee concluded the rule barring a lawyer from appearing as an advocate before a governmental body the lawyer represents did not apply to a salaried municipal attorney with no private clients,…
Can a lawyer promise a client's medical provider or other creditor that they will be paid out of the client's settlement, and what are the duties if a dispute arises?
The committee concluded that a lawyer may guarantee a creditor payment from settlement or judgment proceeds only with the client's consent, after explaining the matter enough for an informed decision,…
Can a lawyer in good standing employ a disbarred lawyer as a paralegal, law clerk, investigator, or in another law-office role?
The committee concluded that RPC 5.8(b) bars a lawyer from employing a disbarred lawyer in any capacity connected to the practice of law, including as a paralegal, law clerk, legal researcher, office …
Can a legal-aid office give its funder, like the Legal Services Corporation, records that identify clients and their cases for auditing?
The committee concluded that a legal service office may not disclose to a funder such as the Legal Services Corporation, or any other third party, original records or other information that would iden…
Can a law firm's agreement with a retiring partner include a non-compete clause without violating the rule against restrictions on the right to practice?
The committee was of the opinion that if the agreement is an actual retirement agreement, and not an agreement in settlement of a controversy, the non-compete provision does not violate RPC 5.6; it co…
Can a lawyer refer clients to a relative for non-legal services?
The committee was of the opinion that a lawyer may ethically recommend or refer clients to a relative for non-legal services so long as the lawyer complies with RPC 1.6(a), 1.7(b), 5.4(b), and 2.1.
Can a legal-services agency let federal auditors review files that contain client confidences without client consent?
The committee was of the opinion that Formal Opinion 183 and RPC 1.6 prohibit the office from disclosing client confidences or secrets to its federal administrators during an audit without client cons…
Can a lawyer guarantee the security on a client's bail bond, and can a lawyer who posted such security later withdraw it?
The committee declined to opine on the specific question, which it read as concerning another lawyer's conduct, because its rules require disclosing a third party's identity before an opinion can issu…
Can a lawyer a husband consulted about a criminal case later represent the wife in their divorce, when the wife sat in on that consultation?
The committee was of the opinion that the lawyer was correct to withdraw, because the husband had disclosed confidences and secrets that RPC 1.9 prohibits using against him, and the wife's presence du…
If a lawyer personally guarantees an arbitrator's fee and the client then refuses to pay, is the lawyer still on the hook?
The committee was of the opinion that if the lawyer guaranteed to pay the funds to the arbitrator, the lawyer is obligated to pay, even after the client instructed the lawyer not to.
Can a firm do criminal defense work in a district court covering a city where one of its lawyers sits on the city council?
The committee was of the opinion that this does not present a per se conflict precluding the firm from criminal defense work, but might raise a potential conflict in a particular case, to be dealt wit…
Can a professional service corporation advertise under a short firm name without showing 'Inc.' or 'P.S.'?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits using a firm name without indicating incorporation, though it could not advise on compliance with the relev…
What should a lawyer do with money left in the trust account because the bank never debited a check the client already cashed?
The committee was of the opinion that because the client received the funds he or she was entitled to and the bank lays no claim, the money in the trust account is no longer the client's property and …
Can a lawyer in a business partnership with a nonlawyer (a divorce mediation business) sign as a lawyer or put 'lawyer' on the business's cards?
The committee was of the opinion that RPC 5.4(d) prohibits a lawyer from identifying as a lawyer in any business partnership with a nonlawyer, and that such a partnership must be kept entirely indepen…
Can the law partners of a part-time court commissioner represent parties in a matter where the commissioner signed a temporary order?
The committee was of the opinion that issuing a temporary restraining order is 'substantial participation,' so under RPC 1.12(a) and (c) the partners may take the representation only after disclosure …
Can a lawyer advise a client about small claims court and how to conduct a small claims trial, even though lawyers cannot appear at trial there?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from advising a client about the existence of small claims court or about the procedure and conduc…
Can a lawyer advertise 'Save up to 1/3 on attorney's fees'?
The committee was of the opinion that an advertisement reading 'Save up to 1/3 on attorney's fees' is inherently misleading, because there is no standard 'attorney's fees' against which such savings c…
Can the lawyer for a general partnership represent the partnership in a lawsuit against one of its own partners?
The committee was of the opinion that a partnership's lawyer is not automatically the lawyer for individual partners, and that whether the lawyer may proceed against a partner turns on whether the rel…
Must a lawyer-witness disclose to opposing counsel that the lawyer is participating in the representation and sharing in the contingent fee?
The committee was of the opinion that nothing in the Rules of Professional Conduct requires a lawyer to disclose that relationship to the opposing lawyer, while flagging RPC 3.7 and 1.5(e)(2) as affec…
Must a contingent fee agreement state that the lawyer offered the client the option of paying an hourly rate?
The committee was of the opinion that nothing in the Rules of Professional Conduct imposes a duty to recite in a contingent fee agreement that the client had been offered an hourly rate.
Can a lawyer who refers insurance-related work to a firm and does work for its clients be designated 'of counsel' to that firm?
The committee was of the opinion that, on the facts presented, the use of the term 'of counsel' was probably appropriate, while flagging the fee-splitting restrictions in RPC 1.5 and the conflict requ…
Can a lawyer form an escrow and closing company that has nonlawyer shareholders and owners?
The committee was of the opinion that nothing in the rules prohibits a lawyer from establishing a separate escrow business with nonlawyer owners, provided the escrow business is entirely separate and …
Can a lawyer be named as trustee or personal representative in a will or trust the lawyer drafts for the client?
The committee addressed the question by referring the inquirer to its earlier Informal Opinion 86-1 and to the Shaughnessy cases and Estate of Larsen, 103 Wn.2d 517 (1985), cited there.
Must a criminal defense lawyer give the client information from a police report marked not to be disclosed?
The committee was of the opinion that both prosecutors and defense lawyers must review police reports before disclosure to defendants under RPC 1.1 and 1.4, and must not disclose information that may …
Can a lawyer share office space with an independent insurance claims adjuster who is not a lawyer?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from sharing office space with an independent claims adjuster.
Can a government lawyer negotiate for a job with the affiliate of a company the lawyer has been investigating?
The committee was of the opinion that if the lawyer would continue to participate in the investigation, RPC 1.11(c)(2) bars negotiating employment with the bank or its lawyers; if there would be no fu…
Can a lawyer sign a hold harmless agreement with an insurer promising to pay a client's unpaid medical bills from the client's settlement funds?
The committee was of the opinion that a lawyer may enter such an agreement if the client consents after disclosure, that the conflict rules including RPC 1.8(c) must be complied with, and that once en…
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.