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 lawyer apply client property already in the lawyer's possession toward unpaid fees?
The committee declined to opine, saying whether the property is something the client is entitled to receive under RPC 1.14(b)(4) is a legal question the committee cannot answer.
Can a lawyer run a hypnotherapy practice alongside a law practice?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits running a hypnotherapy practice with a law practice, while cautioning about separate fee schedules, cross-r…
Can a lawyer represent a state agency in third-party claims while also representing other clients who are adverse to that agency?
The committee was of the opinion that the lawyer could represent the agency so long as it was not directly adverse to another client under RPC 1.7(a); if interests were adverse, or if the lawyer took …
Can a former Assistant Attorney General sue a college he once advised, both on his own behalf and for other clients?
The committee was of the opinion that the lawyer could pursue his own contract claim because RPC 1.6 permits disclosing confidences as needed to establish a claim against a former client, and the othe…
Can a lawyer who once represented a public agency later appear before that agency for a private client in a related matter?
The committee was of the opinion that, on the facts presented and where the lawyer holds no confidential information beyond what came out in public hearings, there is no conflict under RPC 1.9 and 1.1…
Can a lawyer apply for a Social Security fee and share it with a paralegal who is authorized to represent SSA claimants?
The committee was of the opinion that sharing the fee with the paralegal would be prohibited by RPC 5.4(a), and the paralegal's pay could not be contingent on the outcome, though paying the paralegal …
Can a Washington lawyer charge a nonrefundable retainer?
The committee was of the opinion that nonrefundable retainers are not per se unethical, but like any legal fee they must comply with RPC 1.5.
Can an insurance company's in-house counsel offer to pay outside lawyers an hour of fees to explain the company's product to those lawyers' own clients?
The committee was of the opinion that in-house counsel may not offer the program, because it presents a substantial likelihood of inducing lawyers to violate RPC 1.8(f) and 5.4(c), which would in turn…
Does a lawyer have to follow the client's decision on which proposed jury instructions to submit, even when counsel disagrees?
The committee was of the opinion that the lawyer must consult with and advise the client, but RPC 1.2(a) requires the lawyer to abide by the client's decision on the objectives of representation, whic…
Can two law firms describe themselves on their letterhead as 'affiliated with' each other?
The committee was of the opinion that such letterhead must comply with RPC 7.5(d), and it was not clear to the committee that the proposed 'affiliated with' letterhead would do so.
Can a lawyer associated with a firm be described as a 'consultant' on the firm's business cards?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit using the term 'consultant' on a business card to describe a Washington lawyer associated with the fir…
Can a lawyer serve as a part-time court commissioner or judge in courts where other lawyers in the firm appear?
The committee was of the opinion that the lawyer could not hear any case in which firm members were involved and could not later appear in Superior Court on a case the lawyer had previously heard in D…
Can a firm take court-appointed criminal defense cases when it also represents the county sheriff and one of its lawyers is married to a town prosecutor?
The committee was of the opinion that the arrangement complies with RPC 1.7 and is permissible where the firm discloses conflicts in open court, obtains client consent, and the court does not appoint …
Can a lawyer let a property management company prepare eviction pleadings on lawyer-approved forms if the lawyer reviews and signs everything before filing?
The committee was of the opinion that because the lawyer exercises independent professional judgment before any pleading is served or filed, the arrangement does not violate the Rules of Professional …
Does a lawyer who runs a separate licensed escrow business have to follow the lawyer trust-account rule, or just the escrow-agent statute?
The committee was of the opinion that a lawyer licensed as an escrow business agent under RCW 18.44, who keeps the escrow business entirely separate from the law practice and does not hold out as a la…
When a civil defendant's truthful answer could expose the client to criminal prosecution, how can the lawyer file a CR 11-compliant answer?
The committee was of the opinion that RPC 8.4 bars filing an answer that contains an untruth, but the lawyer may assert the client's Fifth Amendment privilege; nothing in the rules prohibits filing an…
What are a public defender's and the office supervisor's duties when caseloads grow too large to provide effective representation?
The committee was of the opinion that RPC 1.1, 1.3, and 6.2 require a lawyer not to accept case assignments that exceed the lawyer's ability to provide effective representation, and that under RPC 5.1…
Can a lawyer join an arrangement where a paralegal company and financial planner refer clients, prepare documents, and split the fee under the lawyer's 'supervision'?
The committee was of the opinion that the proposed arrangement would violate several rules: sharing legal fees with nonlawyers (RPC 5.4, and RPC 5.4(b) if a partnership), paying for referrals (RPC 7.2…
Must a lawyer report a client's identity to the Treasury Department on IRS Form 8300 for cash payments over $10,000?
The committee was of the opinion that a client's identity is a 'secret' under the rules, so a lawyer may not disclose it to the Treasury Department on IRS Form 8300 except in compliance with RPC 1.6.
May a part-time court commissioner who hears juvenile or family cases in Superior Court also practice in other areas before that same court?
The committee was of the opinion that the Rules of Professional Conduct do not prohibit a part-time commissioner from also practicing before the same court in other areas, provided the lawyer advises …
Can a lawyer who is paid a monthly retainer by a collection agency remit half of the court-awarded attorney fees back to the agency?
The committee was of the opinion that remitting half of the court-awarded attorney fees to the collection-agency client would be improper fee sharing prohibited by RPC 5.4, and it was also concerned t…
A client hands the lawyer documents the client obtained by violating a restraining order; can the lawyer use them, must they be returned, and what about discovery?
The committee was of the opinion that the lawyer may not disclose how the documents were obtained without the client's consent under RPC 1.6; that RPC 3.4(a) requires advising the client the documents…
Could a Washington lawyer advertise as a 'specialist' in 1990, given the Supreme Court's Peel decision?
The committee advised that, at the time of the letter, RPC 7.4 continued to prohibit using the term 'specialist' in lawyer advertising or solicitation, while noting that the rule might be of questiona…
When may a Michigan lawyer participate in a lawyer referral service, and what arrangements make participation unethical?
The opinion concluded that a lawyer may not participate in a referral service that is unregistered, interferes with the lawyer's professional judgment, uses noncompliant advertising, charges a referra…
Can a lawyer admitted only in another state be listed on an Ohio firm's letterhead and give advice to Ohio clients while waiting to take the Ohio bar exam?
The Board concluded that a lawyer admitted in another state may be listed on an Ohio firm's letterhead if the listing indicates the jurisdictional limitation, but may not give legal advice directly to…
Can lawyers who only share office space use a common letterhead if it carries a disclaimer that they are not partners?
The Board concluded that lawyers who share office space but are not partners should use separate letterheads, because a common letterhead implies a partnership or association in violation of DR 2-102(…
Can an Ohio lawyer practice in two separate law firms or legal professional associations at the same time?
The Board concluded that a lawyer should not practice with more than one law practice in Ohio at the same time, reasoning that dual firm membership is potentially misleading, threatens client confiden…
Can a former judge later represent, as a lawyer, the defendant he sentenced in a petition for a Governor's pardon?
The opinion concluded no; under Rule 1.12 a lawyer may not represent anyone in a matter in which he participated personally and substantially as a judge, and presiding over the felony trial was substa…
Can a lawyer agree with a client, in a retainer or otherwise, that the client will pay any Rule 11 or Part 130 sanctions imposed on the lawyer?
The opinion concluded that an agreement shifting court-imposed sanctions from the lawyer to the client, whether made before or after sanctions are imposed, is improper, because sanctions on a lawyer r…
What recordkeeping system satisfies a Tennessee lawyer's basic trust accounting obligations?
The Board adopted, as guidance for Tennessee lawyers, portions of a published trust-accounting treatise describing four core records (a trust checkbook, a trust receipts book, a trust disbursements bo…
My partner sits on a hospital's Board of Directors, but neither of us has ever done legal work for the hospital. A prospective client wants me to sue a physician on staff there. Can I take the case?
Yes, but only with consent. The panel held the partner's hospital board seat could constitute a limiting interest under Rule 1.7(b), which Rule 1.11's imputed disqualification provisions extend to the…
My workers' comp retainer agreement takes a one-third fee on the gross settlement even when the insurer splits the payment into a 'scarring award' and a separate 'attorney's fee' line item. Is that okay, and can I also put a 15% lien on the file if a client fires me after a settlement offer is on the table?
The one-third fee on total gross proceeds, however the insurance company denominates the payment, is permissible provided the client understands and agrees, but a provision imposing a flat 15% lien on…
Can a former judicial law clerk's new firm keep representing a party in a case that was pending before the judge during the clerkship?
The Committee concluded that where the former law clerk had nothing to do with the matters (another clerk handled them) and did not participate personally and substantially, neither the clerk nor the …
Can a former prosecutor bring a civil case against a defendant he caused to be indicted on the same facts?
The Committee concluded the representation is impermissible: under RPC 1.11, a former prosecutor with prior knowledge and substantial responsibility in a criminal matter may not participate in a later…
Can a lawyer accept credit cards to pay legal fees and retainers?
The opinion concluded that a lawyer or firm may ethically accept credit cards for legal fees and retainers. It found no breach of confidentiality, no conflict of interest, and no interference with pro…
Can a lawyer pay a paralegal a discretionary bonus for good work without it being an improper sharing of legal fees with a non-lawyer?
The committee concluded that a lawyer may pay a paralegal a bonus where it is not a percentage of the lawyer's fees, is not bargained for based on the fee in a particular case, the paralegal has no ex…
Can a small public defender's office represent a defendant when a prosecution witness is a former client of the office, and can consent or office size change the answer?
The opinion concluded that the office is disqualified unless the prior matter is unrelated and no relevant confidences were obtained; informed consent of each client can cure the conflict; and absent …
May a lawyer in a personal-injury case talk privately (ex parte) with the opposing party's treating physician?
Yes, in itself. The committee concluded that an ex parte communication with an adverse party's physician is not per se unethical; the bare fact of communicating does not violate the Rules of Professio…
Can a criminal defense lawyer agree to represent a client only through the grand jury stage, before any indictment, when the client cannot afford representation through trial?
The opinion concluded that a lawyer may limit the representation to the pre-indictment grand jury stage if the client agrees after full disclosure of the consequences, the limited scope still provides…
Can a judge sit in on a family member's deposition or hearing just to give moral support?
The opinion concluded that a judge may attend a deposition or hearing solely to provide moral support for a party who is within the third degree of consanguinity or affinity to the judge, or with whom…
Does the appearance-of-impropriety bar reach a law clerk or non-lawyer who moves to a firm handling asbestos or tobacco litigation?
The Committee concluded that a prior association with asbestos or tobacco litigation does not, under ordinary circumstances, bar later employment with a firm involved in such litigation, provided a sc…
Can a part-time assistant city attorney, or other lawyers in that attorney's private firm, represent private clients before city agencies?
The opinion concluded that a part-time assistant city attorney, and the attorney's whole firm, may not represent private clients before any city agency the attorney's office is associated with, but ma…
Must an Ohio judge who is a party in a lawsuit recuse from cases where a litigant is represented by the judge's own attorney?
The Board concluded that a judge who is personally a party in litigation must recuse from any case where a litigant is represented by the judge's own attorney, at least while the attorney-client relat…
May a law firm let a paralegal conduct a real estate closing when no lawyer from the firm is present?
The opinion concluded that a law firm may permit a trained nonlawyer employee to conduct or attend a real estate closing with no firm lawyer present if conditions are met, including lawyer supervision…
Can a lawyer keep representing a client who has filed a disciplinary complaint against the lawyer over that same matter?
The opinion concluded the lawyer may continue if the client consents after full disclosure of the potential conflicting loyalties and the lawyer's judgment is not adversely affected; the lawyer may in…
Must a public defender report to the disciplinary board every ineffective-assistance-of-counsel claim a post-conviction client makes about prior counsel?
The opinion concluded not every allegation must be reported: if the information is unprivileged, the public defender may exercise discretion over whether the alleged conduct rises to moral turpitude o…
What can a lawyer say in a targeted direct-mail letter soliciting accident victims after Shapero?
Reviewing three proposed accident-victim mailings, the opinion concluded that targeted direct mail is constitutionally protected after Shapero, but flagged many passages as misleading under ER 7.1 or …
If an insured objects to the lawyer the insurer hired to defend him, must the lawyer withdraw?
The opinion concluded the insurer's initial selection of counsel without the insured's preapproval was proper, but once the insured notified the attorney he objected to the representation the attorney…
If a lawyer in a firm is subpoenaed to testify against a judge in a Commission on Judicial Conduct proceeding, can the firm's other lawyers keep appearing before that judge?
The opinion concluded that the firm's lawyers may not appear before the judge absent the judge's disclosure and a valid remittal, that the judge has the primary duty to recuse whether or not the testi…
Can an Ohio judge or judicial candidate announce personal views on a disputed issue like abortion during a campaign?
The Board concluded that under Canon 7B(1)(c) of the former Code of Judicial Conduct, judges and judicial candidates could not announce their views on disputed legal or political issues, and that abor…
Can a Virginia lawyer charge a contingent fee to a divorced client in an appeal seeking to reclassify marital property?
The committee concluded that, because the parties were already divorced and no human relationships would be adversely affected, a contingent fee tied only to property reclassified above the trial cour…
Can one lawyer represent both the buyer and the seller in a real estate closing?
The opinion concluded a lawyer may represent both the buyer and the seller in a real estate transaction, including doing the title work, if both parties consent after full disclosure of the potential …
Does a judge's name appearing on a political party's ticket of endorsed nonjudicial candidates count as a prohibited endorsement in Michigan?
The opinion concluded that the inclusion of a judicial candidate's name in a third party's communication listing endorsed nonjudicial candidates does not constitute a public endorsement of those candi…
Can a closing attorney hand the real estate agent the commission and seller-proceeds checks 'in trust' before recording the documents and depositing the funds?
The opinion concluded that a closing attorney may not deliver trust account checks to a real estate agent, even 'in trust' or conditionally, until the attorney has recorded the closing documents and d…
Can a lawyer reveal a client's identity to his own malpractice insurer to secure coverage for a potential claim by that client?
The opinion concluded that, where the lawyer has already disclosed the client's wrongdoing without naming the client, the client's identity becomes a confidence that may not be revealed except under t…
Can a criminal defense lawyer pay a client's fine and court costs up front, expecting the client to reimburse him?
The opinion concluded that a lawyer may advance a client's fine and court costs from the lawyer's own funds while representing the client in pending litigation, so long as the client remains ultimatel…
When a client stops responding, can the lawyer take a fee and pay a doctor's lien out of the client's trust funds without the client's direction?
The opinion concluded that a lawyer may not take a fee from a client's trust balance or pay a doctor's lien out of it without the client's direction. The trust-account rule requires the lawyer to pay …
Can a firm keep employing a paralegal who, at a former firm, worked on the same case the new firm now handles for the opposing side?
The opinion concluded that the new firm may continue to employ the paralegal and stay in the case, but must take extreme care to ensure the paralegal is totally screened from any participation in the …
Can a part-time federal tribal-court prosecutor also represent criminal defendants arrested by the tribe's own police?
The opinion concluded that a lawyer the federal Bureau of Indian Affairs retains to prosecute in tribal court may represent criminal defendants arrested by the Cherokee Indian Police, because that pol…
Can a lawyer provide legal services to a prepaid legal services plan owned by the lawyer's spouse or family that markets through in-person or telephone solicitation?
The opinion concluded that a lawyer may participate in a prepaid plan that uses in-person or telephone solicitation only if the lawyer does not own or direct it, so a lawyer may not serve a plan owned…
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.