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 let a paralegal communicate and negotiate directly with the opposing insurer's claims adjuster?
The opinion concluded that a lawyer may permit a legal assistant to communicate and negotiate with the adverse party's insurance claims adjuster, so long as the assistant is directly supervised by the…
After a settlement, must a lawyer pay the client's medical providers directly, or follow the client's later instruction to pay the client instead?
The opinion concluded that a lawyer must disburse settlement proceeds as the client directs and so must pay the client directly when instructed, unless a medical provider has perfected a valid physici…
Can a lawyer agree to be one of a lender's 'approved' attorneys who do all the title work on the lender's loan closings?
The opinion concluded that a lawyer may ask lenders and title insurers to place him on an approved-attorney list, but may not give the lender any special remuneration in return for the listing; it exp…
What must a lawyer do after learning a client gave false testimony to a court?
The opinion concluded the lawyer must first decide whether the false testimony was material; if it was not material there is no duty to disclose or rectify, but if the untruthful testimony amounted to…
If a judge files a disciplinary complaint against a lawyer, is the judge disqualified from that lawyer's cases, and must the lawyer's clients be told?
The Board concluded that a judge has a duty under Canon 3(B)(3) and DR 1-103 to report lawyer misconduct, and that filing a disciplinary complaint against a lawyer does not, by itself, disqualify the …
Can a CPA firm employ a lawyer to write wills, prepare returns, and administer estates for its accounting clients?
The Board concluded that an attorney may not be employed by a certified public accountant's firm to practice law for the firm's accounting clients, because the arrangement would involve sharing legal …
Can Ohio lawyers take part in a group TV ad that routes injury calls to the lawyer who paid for a geographic area?
The Board concluded that the Code contains no specific provision barring Ohio lawyers from group legal advertising, so lawyers may participate in a television campaign that routes calls to the attorne…
Is a Michigan judge disqualified when a lawyer rents commercial property that is owned by the judge's spouse rather than the judge?
Yes, the appearance of impropriety is the same as if the judge owned the property; the judge must disclose the relationship and may sit only with the parties' consent, and should ask the spouse to div…
Can a law firm hire temporary (per diem) lawyers through a placement agency and pay the agency a percentage-based fee?
The Committee concluded that firms may employ temporary lawyers, with imputed disqualification under RPC 1.10 turning on a functional analysis of the temporary lawyer's access to other clients' inform…
Can a law firm lease its associates and staff from an employee leasing company without violating the ban on sharing fees with non-lawyers?
The Committee concluded that the described employee-leasing arrangement does not violate RPC 5.4, because the leasing company has no control over the lawyers' professional judgment and the leasing fee…
Can a lawyer threaten to file a bar grievance against another lawyer to gain leverage in settling a malpractice claim?
The opinion concluded no; threatening to present a disciplinary charge solely to gain advantage in a civil matter violates the rule, the lawyer need not report misconduct he does not himself believe o…
Can a Michigan lawyer pay a fee to a nonprofit lawyer referral service, and what must the lawyer do about the service's advertising?
The opinion concluded a lawyer may pay a fee to a genuinely nonprofit referral service and may participate if allowed to review and monitor its advertising, but may not participate where the service's…
Can a lawyer representing a group of tenants against a landlord accept a bonus or premium from the landlord as part of settling the dispute?
The opinion concluded that a lawyer may not accept a bonus or premium from the adverse party in a settlement where the amount exceeds the reasonable fee the lawyer could expect from the client, becaus…
Can a renamed law firm list a former firm name on its letterhead, and claim a prior affiliation with the firm its founders left years earlier?
The opinion concluded the firm may state its own former name, but may not claim a prior affiliation with the separate firm some of its lawyers left in 1976; there was no continuing line of succession,…
When the head of one indigent-defense office becomes head of another in the same county, are the other lawyers there disqualified from conflicting cases?
The opinion concluded that a public defender's office is a 'firm,' so a lawyer moving between two such offices is governed by the stricter imputed-disqualification rule ER 1.10, not the more lenient E…
What does 'applicable law' mean for an attorney's retaining lien on a client's file, and which file materials must be returned to the client?
The committee concluded 'applicable law' under DR 2-108(D) is the law of an attorney's lien for fees owed: a lawyer may assert a retaining lien on the file for unpaid undisputed fees unless withholdin…
When a client owes undisputed fees, can the lawyer condition giving the client a copy of the entire file on payment of those fees?
The committee concluded that where the fee is undisputed and the client can pay, a lawyer may assert a retaining lien on the file as security, but not where withholding would prejudice the client; eve…
When a lawyer who was a principal at one firm joins a firm that opposes the old firm's clients, how must the new firm screen the lawyer to avoid being disqualified?
The transferring lawyer is disqualified from matters substantially related to ones handled at the old firm; the new firm avoids imputed disqualification only by immediately screening the lawyer, appor…
What civic and charitable activities may a judge take part in, and may a judge let a charity use the judge's name and title or ask the judge to help raise money?
A judge may serve and be listed as an officer or director of a bona fide charitable, civic, religious, fraternal, or educational organization, but may not personally solicit funds or let the prestige …
Does the business-transaction-with-a-client rule, RPC 1.8(a), govern negotiating a new fee agreement with an existing client for a different matter?
The committee was unanimously of the opinion that RPC 1.8(a) does not apply to attorney-client fee agreements.
Can a lawyer lobby the legislature when a partner or of-counsel colleague at the firm is an elected legislator?
The committee concluded it is improper for a lawyer to lobby the General Assembly when a lawyer with whom he shares a professional relationship is an elected member of that body, and that this applies…
Must a lawyer report a law student's serious misconduct to bar admissions authorities?
The opinion concluded that a lawyer who knows a law student engaged in conduct that would violate the rules if done by a lawyer has a duty to report it to bar admissions authorities, unless the inform…
The statute of limitations has run on two of my clients' personal injury claims because I never filed suit for them, but the insurance adjuster is still negotiating with me. Can I keep negotiating on their behalf?
Yes. The panel held the attorney may properly continue negotiations with the insurance adjuster on behalf of the two time-barred clients, so long as he observes Rule 4.1(a)'s prohibition on knowingly …
My firm represents a municipal water board being sued in one matter, while I personally represent a private client (through separate outside counsel) suing that same board in an unrelated matter. Both clients gave oral consent. Is that enough under Rule 1.7(b), or do I need it in writing?
Yes, oral consent is enough. The panel held that oral consent after consultation from both affected clients satisfies Rule 1.7(b)'s consent requirement under these circumstances, though it noted writt…
Could a Tennessee lawyer advertise using a phone number or address in a distant city without disclosing that the lawyer had no local office there?
Vacated. As originally issued, the opinion concluded that DR 2-101 was violated when a lawyer advertised in a city away from the lawyer's actual office, such as a Knoxville lawyer advertising in Chatt…
Which older Alaska ethics opinions did the bar withdraw or modify as outdated or superseded?
The opinion withdrew a group of earlier Alaska opinions, mainly advertising restrictions made obsolete by the activities lawyers may now use to advertise, and modified Opinion 69-4 to drop 'improper a…
May a lawyer collect a bar referral service's fee from the client and pay the service's own fee without violating the fee-sharing rule?
The opinion concluded the fees are permitted; collecting the referral service's client fee is not sharing a legal fee, and paying the service's own fee is expressly allowed for a bar-operated referral…
May a suspended Kentucky lawyer work as a paralegal in a law firm once the stated period of suspension has expired but before reinstatement?
Yes. The opinion amended KBA E-255 and E-256 so the restrictions (no client contact, no office in the firm, no paralegal role) apply only during the stated suspension period, not in the interval befor…
Can a part-time judge also work as a criminal defense lawyer?
Not categorically barred. Georgia FAO 86-2 concluded that part-time judges may represent criminal defendants in other courts, but regular or exclusive criminal defense work by a judge who issues warra…
Can a lawyer hand over detailed billing statements to a third party that agreed to indemnify the client's fees under a non-insurance contract, without the client's consent?
The committee concluded that, without the client's informed consent, a lawyer may not voluntarily disclose to a non-insurance indemnitor the information in the lawyer's bills about the specific work p…
Can a probate judge serve on a community mental health board after a new law routes mental-health referrals through that board?
The Board concluded that, because a 1989 amendment to Ohio Rev. Code Ch. 5122 directs probate courts to refer mentally ill persons to community mental health boards, a probate judge or anyone performi…
Can a judge be paid to teach law courses at a college or university?
The Board concluded that under Canon 4A a judge may teach courses on the law, the legal system, and the administration of justice, and under Canon 6 may receive reasonable compensation if the source o…
Can a law firm call itself 'Austintown Legal Center,' using a geographic place name in the firm name?
The Board concluded that a trade name is not permitted under Canon 2, but a law office organized to provide standardized and multiple legal services may include the phrase 'legal center' in its name u…
Can a lawyer registered as inactive work as a volunteer judicial law clerk or give free legal advice?
The Board concluded that a lawyer registered inactive under Gov. Bar R. VI is not authorized to practice law, so the lawyer may serve as a judicial law clerk because those duties are preparatory or mi…
Can a legal aid society refer cases it can't take due to a conflict to a volunteer lawyers' project and still represent the opposing party?
The Board concluded that a legal aid society may send conflict-of-interest cases it cannot accept to a volunteer lawyers' project funded through it, and may still represent the opposing party, provide…
Can a lawyer use client testimonials in advertising?
The Board concluded that advertisements containing client testimonials were not permitted under the Code, reasoning that a testimonial creates an unjustified expectation that similar results can be ac…
Can a lawyer be both an assistant county prosecutor and a city police officer in the same county?
The Board concluded that the positions of assistant county prosecutor and city police officer are not per se incompatible, but the lawyer must choose between them if one is subordinate to or a check o…
Is it commingling for a lawyer to leave fees she has already earned sitting in her client trust account?
The opinion concluded no; the rule permits but does not require withdrawing earned fees when due, so simply leaving them in trust, without misappropriation or poor record-keeping, is not commingling.
Can a law firm hire a nonlawyer to solicit business and pay them a commission on the fees they bring in?
The opinion concluded that a nonlawyer may do only the marketing a lawyer may ethically do (not in-person or telephone solicitation), may not be paid commissions tied to legal fees, and may not use a …
Are members of a bar association's fee arbitration committee excused from the duty to report ethical misconduct they learn about while serving on the committee?
The opinion concluded that fee arbitration committee members are excused from the Disciplinary Rule 1-103 duty to report ethical misconduct discovered during their service on a bar association fee arb…
Can a lawyer advertise with a catchy slogan like 'We take the pain out of accidents'?
The opinion concluded that the slogan, while undignified and lacking informational content, is not false, deceptive, or misleading, because a person of ordinary intelligence would not read it literall…
Can a settlement attorney agree to a lender's request to waive certified funds and disburse on uncollected items at a real estate closing?
The committee concluded the attorney may honor the lender's waiver of certified funds only if he advises the lender that settlement proceeds must still be in one of the other forms the Wet Settlement …
Can criminal-defense lawyers own a bail-bond business and refer their own clients to it?
The committee concluded the lawyers may own and refer clients to the bail-bond business only with full disclosure of their interest and the client's consent; they may not also represent the bail-bond …
Can a law firm defend criminal cases that a partner had substantial responsibility for while he was an assistant Commonwealth's attorney?
The committee concluded that reading police reports, summarizing them, preparing witness lists, and preparing cases for preliminary hearings amount to substantial responsibility under DR 9-101(B), so …
When can married, cohabiting, or dating lawyers represent opposing parties in the same matter, and when must a judge step aside?
Related lawyers are not automatically disqualified from opposing each other, but spouses must disclose the relationship and obtain client consent, and cohabiting and (in close cases) dating lawyers sh…
Can a former county lawyer represent a private client against the county on a road matter the lawyer did not personally handle in office?
Yes, if the new matter is not substantially related to the lawyer's prior county work. The opinion concluded that Rules 1.11(a) and 1.9(a) bar a former government lawyer only where the private matter …
Opposing counsel has stopped responding to calls and letters, his mail is coming back undeliverable, and his own former client just told me it's fine to talk to me directly. Can I contact the defendant, and what should I do about serving documents?
The attorney should continue mailing documents to both the defendant and to Attorney X at his last known address until the defendant advises he has discharged Attorney X and retained new counsel, or u…
Can I send bar members and the Rhode Island Lawyer's Weekly an announcement about my Superior Court arbitration credentials, describing myself as 'Practicing only as Neutral'?
Mostly yes. The panel approved the announcement to fellow attorneys under Rules 7.1 and 7.4, since it properly disclosed that Rhode Island has no specialization-certification procedure, but it decline…
My client won't authorize release of escrowed closing funds to a general contractor even though I've told her she isn't entitled to more work, and no lawsuit has been filed. What should I do with the money?
The attorney should immediately withdraw from representing the client, commence an interpleader action against the client and the general contractor, and deposit the escrowed funds with the court, bec…
I want to attend a social gathering of local businesspeople to make contacts who might later become clients for my corporate practice. Is that improper solicitation?
No. The panel held the attorney may properly attend any meeting he wishes, because the Rules of Professional Conduct do not limit a lawyer's social and civic opportunities or prohibit a truthful state…
Another attorney sent me a form letter asking for a copy of my client's file for a 'second look,' but my client isn't discharging me. What am I required to do, and can I charge for copying it?
The attorney must make copies of the file available to the second attorney, excluding work product, because the client's request for that review is a client decision under Rule 1.2. He must continue p…
Can a law firm with offices only in North Carolina submit a directory listing that includes attorneys in the firm who are not licensed in North Carolina?
The opinion concluded that a firm maintaining offices only in North Carolina may not submit biographical information to a legal directory about firm attorneys who are not licensed in North Carolina, b…
Can a lawyer interview a nonmanagerial employee of a represented corporate adversary without the consent of the corporation's counsel?
The opinion concluded that the no-contact rule reaches only employees with managerial responsibility or authority to speak for the corporation, so a rank-and-file co-employee whose own acts are not at…
When a builder will not cure punch-list items, can the closing attorney holding the construction escrow disburse the funds to the purchaser alone after notice and a waiting period?
The opinion concluded that a lawyer acting as escrow agent holds the funds in trust for all parties and may not, acting with only one party, disburse them to that party; where the escrow agreement doe…
Can two lawyers in the same public defender's office represent codefendants whose interests conflict?
The opinion concluded that a public defender's office is treated as a single law firm, so two staff lawyers may represent adverse codefendants only if they reasonably believe they can adequately repre…
After foreclosing as trustee under a deed of trust, can the attorney represent the foreclosure-sale purchaser against the former debtor?
The opinion concluded that an attorney serving as trustee under a deed of trust does not represent the debtor as a lawyer, so after foreclosing the attorney may represent a party adverse to the debtor…
Can a lawyer who is elected county commissioner keep representing the county school board, and what must the lawyer do when a school-board matter comes before the commissioners?
The opinion concluded that the lawyer and the lawyer's associate may represent the school board, but the lawyer should not personally represent it on matters coming before the commissioners and, when …
When a client sues over the quality of a lawyer's representation, what client confidences may the lawyer reveal to defend itself, and does it matter that the lawyer still represents the client on another matter?
The opinion concluded that the self-defense exception lets the firm reveal confidences to the extent necessary to answer the inadequate-representation charge, even though it is not a party to the suit…
If a lawyer joins a police organization's panel and handles cases for its members, when is the lawyer disqualified from representing criminal defendants or other adverse clients?
The opinion concluded that joining the panel does not automatically bar a lawyer from criminal defense work, but once the lawyer handles a member's case a current-client conflict bars adverse represen…
When a lawyer is appointed to defend an indigent client, must that lawyer appear personally, or can a partner appear as substitute counsel?
The opinion concluded that the Rules do not require the appointed lawyer to appear personally; a partner may appear as substitute counsel so long as the substitution does not prejudice the client, the…
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.