Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try a different search term or clear the filters.
Can a law firm treat a single all-inclusive fee as earned, deposit it all in its general account, and pay litigation costs from there if the client agreed in writing?
The opinion concluded no: part of an all-inclusive 'fee' that is really intended to cover litigation costs is an entrustment, and the trust-accounting rules require funds received in a fiduciary capac…
Can a law firm require all clients to pay a nonrefundable retainer, and how is a true retainer different from an advance fee deposit for trust-accounting purposes?
The opinion concluded that a lawyer may charge a reasonable nonrefundable retainer as consideration for the exclusive use of the lawyer's services and, because the arrangement is unusual, should expla…
Can lawyers who are minority owners of a real estate brokerage refer clients to it, and can their firm close transactions the brokerage brokered?
The opinion concluded that the lawyer-owners may refer clients to the brokerage if they disclose their ownership and reasonably believe the referral is in the client's best interest, but their firm ma…
Can a lawyer join a title company's network and conduct loan closings using documents the lender prepared, and what must the lawyer tell the borrower?
The opinion concluded that because the lender has a primary interest in the closing documents, the lender may prepare them and the lawyer does not assist the unauthorized practice of law by conducting…
Can a lawyer who jointly represented both spouses for years later represent one of them in their divorce, and can a former associate of that firm represent the other spouse?
The opinion concluded that a lawyer who had represented both spouses in numerous financial matters may not, over the other spouse's objection, continue representing the husband in the divorce, because…
Can I buy corporate surety bonds for my clients through my relative's insurance agency, if I don't get paid anything for it?
Yes. The panel held that such bond purchases are perfectly proper, assuming the clients are not placed at any disadvantage by having their bonds purchased through the attorney's relative's agency.
Can I advertise that I handle divorce, annulment, or alimony cases in Rhode Island?
Not without risk of a rule violation, according to this opinion: R.I.G.L. Section 11-27-20, a 1905 statute, makes it a crime for a lawyer to advertise services regarding a suit for alimony, divorce, o…
I want to team up with two of my clients to buy real estate from two other clients of mine, who've agreed to get independent legal and accounting advice for the deal. Can I participate as a purchasing partner?
Yes, according to the panel, provided the attorney complies with Rule 1.8(a)'s requirements: the transaction and its terms must be fair and reasonable to the selling clients and fully disclosed to the…
Someone told me my client is 'a fraud' and filed a disciplinary complaint against me for continuing to represent the client. I have no personal knowledge of any dishonest conduct by my client. Can I keep representing the client?
Yes. The panel held that continued representation was proper, since the attorney had no personal knowledge of dishonesty on his client's part, there is no requirement that lawyers represent only innoc…
I asked for reconsideration of the panel's opinion that my accident-victim solicitation letters violated the old Code. Rhode Island has since adopted the Model Rules of Professional Conduct. Does that change the answer?
No, and the analysis is now independently confirmed under new Rule 7.3: the panel held that the same sample letters both failed Rule 7.3(b)(1)'s advertisement-labeling and Disciplinary Counsel copy re…
Can a lawyer file suit before the statute of limitations runs without yet having full factual support for the claim?
Yes, within limits. Georgia FAO 87-1 concluded that filing suit before complete factual support exists is not improper if a reasonable attorney would conclude there is a reasonable possibility that su…
If a lawyer is genuinely unsure whether the confidentiality rule requires revealing a client's confidences to prevent the client from causing substantial financial or property harm to someone else, will the lawyer be disciplined either way?
The opinion concluded that SCR 20:1.6(b) requires disclosure only when the client's act is criminal or fraudulent and is reasonably believed likely to cause substantial financial or property injury to…
What ethics rules constrain a company's in-house counsel who is asked to let the employer bill other entities for the lawyer's work, do personal legal work for the owner or the owner's family, or represent affiliated companies?
The opinion concluded that full-time house counsel may not take part in any arrangement under which the employer charges other entities for the lawyer's legal services, because a for-profit business m…
If a lawyer also serves on a city council, can the lawyer (or the lawyer's firm) represent private clients before that council or the city's boards and commissions?
The opinion concluded that under SCR 20:1.11 a lawyer-councilmember may not represent a private client in a matter the lawyer participated in personally and substantially as a public officer unless th…
Can a lawyer pay a community greeting service like Welcome Wagon to advertise the lawyer's practice to new residents?
The opinion concluded that lawyers may use Welcome Wagon services to advertise their practices, subject to compliance with the advertising rules SCR 20:7.1 through 20:7.5, and provided the service onl…
A law firm represented both spouses on business and property matters for years. Can the firm now represent the husband in a divorce against the wife?
The opinion concluded that although the firm's prior business and property work for the couple was not the same as the divorce, it was substantially related under SCR 20:1.9 because the firm would be …
If one spouse is the district attorney and the other practices criminal defense at a local firm, can their offices be on opposite sides of the same cases?
The opinion concluded that under SCR 20:1.8(i) there is no imputed disqualification based solely on a spousal relationship, so the district attorney may prosecute defendants represented by the spouse'…
Can a lawyer handle the appeal of a divorce judgment on a contingent fee?
The opinion concluded that a lawyer may not accept a divorce appeal on a contingent fee where the fee is contingent on securing the divorce or on the amount of alimony, support, or property settlement…
Can a lawyer pay a retired or unemployed fact witness for the time spent preparing, traveling, and testifying, at a rate close to the wage the witness would otherwise earn?
The opinion concluded that, reaffirming Formal Opinion E-88-9, a lawyer may pay reasonable amounts to compensate a witness for lost time, travel, and lawful witness fees. Because an unemployed or reti…
Can a city attorney who normally advises a city council or committee also act as the city's advocate before that same body on a matter where it has separate counsel?
The opinion concluded that yes, a city attorney who advises most city committee and council business may act as the city's advocate before a committee or council on a matter for which that body has in…
Can a lawyer in a case contact a guardian ad litem, the GAL's ward, or a represented person directly, without going through opposing counsel or the GAL?
The opinion concluded that a lawyer for a party or witness may communicate with a guardian ad litem without other counsel's consent, because no rule prohibits it and GALs are not officials under SCR 2…
Is it a conflict of interest for one lawyer to serve at the same time as a party's attorney of record and as the guardian ad litem?
The opinion concluded that there is no inherent conflict in a lawyer simultaneously serving as attorney of record and as guardian ad litem, a practice the Wisconsin Supreme Court sanctions and monitor…
Does a lawyer have to report opposing counsel's serious misconduct to the disciplinary authority if reporting it would reveal the lawyer's own client's information?
The opinion concluded that no, a lawyer is not required to report opposing counsel's misconduct when doing so would prejudice the lawyer's client, because the reporting duty under SCR 20:8.3(a) does n…
Can a lawyer reveal a deceased client's confidential information to prevent harm to someone else, such as to keep an innocent person out of prison?
The opinion concluded that a lawyer's duty to preserve a client's secrets and confidences does not end with the client's death but continues indefinitely unless disclosure is consented to, ordered by …
Can a lawyer represent both the majority and minority investors when forming a partnership or corporation, and keep representing one of them if the joint representation has to end?
The opinion concluded that a lawyer may generally represent both majority and minority investors in forming a business if the lawyer complies with the intermediary rule SCR 20:2.2 and the conflict rul…
Can a lawyer accept clients who come to the lawyer after reading the lawyer's book or attending an educational seminar the lawyer gave?
The opinion concluded that nothing in SCR 20:7.2 or 20:7.3 prohibited a lawyer, subject to SCR 20:7.1, from accepting clients who contacted the lawyer because of a book, audiotape, or videotape, and t…
If a newly hired government lawyer once represented a private party, can the rest of the government law office act against that party?
The committee concluded the new attorney is personally disqualified only if the prior representation is substantially related or he holds relevant confidences; even then the city solicitor may advise …
Can a lawyer give client names and billing details to an outside billing service without each client's consent?
The committee concluded a lawyer may give an independent billing service the information needed to bill clients without obtaining each client's consent, but under DR 4-101(D) the lawyer is responsible…
Can town counsel represent the selectmen against the planning board when the firm also regularly advises that board?
The committee concluded the planning board may be a current client of town counsel, but unlike with private clients, town counsel may represent the selectmen in opposing the board's appeal without the…
Can a prosecutor offer a DUI defendant court supervision only if the defendant drops the civil challenge to the statutory summary license suspension?
The opinion concluded it is not professionally improper. Because the summary-suspension proceeding is not a private civil claim but concerns the public interest in safe highways, conditioning the DUI …
Can a city attorney draft and advocate for an ordinance that would financially benefit him without disclosing his interest, and must another lawyer report that conduct?
The opinion concluded a city attorney should not participate in a pending ordinance that could benefit him financially unless he discloses the interest and the city consents or he recuses; on the repo…
Can a lawyer who is also a licensed insurance agent sell insurance to legal clients and collect a referral commission for sending a client to another agent?
The opinion concluded a lawyer who is also an insurance agent may provide both legal and insurance services to the same client, and may refer a client to another agent and receive a commission, provid…
How should a defense lawyer ask for a continuance at a criminal status call when the client has disappeared, without lying or revealing a confidence?
The opinion concluded the lawyer may not give a false reason for the continuance. If the client's lack of contact is a confidence or secret, the lawyer may not disclose it unless required by law, in w…
What must a lawyer in a civil case do after a client admits committing perjury during depositions?
The committee concluded that if the lawyer knows the client intends to repeat the perjury or to commit another crime using it, DR 4-101(C)(3) lets the lawyer reveal it and DR 7-102(B)(1) then makes di…
May a West Virginia municipal judge (and the judge's law partners) accept appointments to represent people in juvenile status, abuse/neglect, and mental hygiene matters?
Yes. The opinion clarified that L.E.I. 77-3's bar on municipal judges and their partners handling criminal defense does not reach juvenile status offenses, juvenile abuse/neglect with no related crimi…
When a representation ends, can a West Virginia lawyer charge the client for copying the file the lawyer must return?
Usually not. The opinion concluded a lawyer must return the client's original documents on termination and may keep copies, but absent a prior agreement that the client pays copying charges, the lawye…
Can a lawyer who represents the guardian ad litem for abused children also contract to represent the state DSS at the review hearings in those cases?
The committee concluded the lawyer could not represent both the guardian ad litem (or child) and S.C. DSS in the same case, because the representation continues through the review hearings and DSS and…
In a West Virginia real estate transaction, can one lawyer represent more than one party (buyer, seller, lender), and what disclosures and limits apply?
Yes, with conditions. The opinion concluded a lawyer may represent more than one party in a real estate transaction only after determining there is no actual conflict, making full written disclosure a…
Can a lawyer have a personal injury client sign a power of attorney to endorse the settlement draft and deposit it in the trust account?
The Committee found nothing improper in using an authorization, executed at the client's request and with consent after settlement and signing of the closing statement, to endorse the settlement draft…
Can a lawyer sell unpaid client legal bills to a factoring company to collect on them?
The Committee concluded a lawyer may not sell delinquent accounts receivable to a third-party factoring company unless each affected client has, after consultation, already consented to the disclosure…
If a prospective client gives a lawyer documents that are public record, can the lawyer's partner use that information against the prospective client for an existing client?
The Committee concluded the materials were not confidential. Because the documents were matters of public record, they were neither a 'confidence' (privileged information) nor a 'secret' under DR 4-10…
Can a lawyer supply magazines for a business's waiting room in plastic covers printed with the lawyer's name, address, and phone number?
The Committee concluded the arrangement would violate DR 2-103(C) as giving something of value to the business for an implied recommendation, unless the magazine cover either clearly states it is the …
When federal law forces a lawyer to report a client's $10,000-plus cash fee and the client's identity, how does that square with the duty of client confidentiality?
The committee did not resolve the conflict between 26 U.S.C. Section 6050I and the confidentiality rule, but it concluded a lawyer who knows a reportable cash payment is coming must, before accepting …
May a California attorney-client retainer agreement include a mandatory binding arbitration clause for future malpractice claims against the attorney?
Per California Formal Opinion 1989-116, yes. The committee opined that nothing in the rules prohibits an arbitration provision in the initial retainer. For an initial retainer (no prior attorney-clien…
Under former California rules, may a lawyer condition representation on the client's advance blanket waiver of the right to disqualify the lawyer in any later matter, regardless of whether confidential information learned would be relevant?
Per California Formal Opinion 1989-115, the agreement is not per se improper. If the client is 'informed' within former Rule 3-310(F), the waiver is valid for confidentiality and for potential conflic…
In a federal civil rights or other private-attorney-general case, must a California lawyer tell the client that the client can settle by waiving the statutory attorney's fees, even though doing so will leave the lawyer unpaid?
Per California Formal Opinion 1989-114, yes. Because the U.S. Supreme Court treated statutory fee awards as the client's property, the lawyer's duties of communication under former Rules 3-500 and 3-5…
If a California lawyer represents a parent corporation, may the lawyer take a case against the parent's wholly-owned subsidiary that the lawyer has never represented?
Per California Formal Opinion 1989-113, yes, with two limits. Under former Rules 3-310(B) and 3-600, the corporate entity actually represented is the client; the parent is a constituent and the subsid…
May a California attorney institute conservatorship proceedings for a client who appears to be incompetent but who has not consented to the conservatorship?
Per California Formal Opinion 1989-112, no. The committee opined that initiating conservatorship over the client's objection would force the attorney to disclose client secrets in violation of Busines…
If a California civil defense lawyer has been served with a complaint, the answer is due, and the client has disappeared, what may the lawyer do, and what must the lawyer disclose to the court or to opposing counsel?
Per California Formal Opinion 1989-111, the attorney must take reasonable steps to avoid reasonably foreseeable prejudice (including filing the answer where appropriate), make a diligent effort to loc…
If a California lawyer is also serving as the bankruptcy trustee, may the lawyer-trustee speak directly with the debtor or creditors who are represented by counsel, without those parties' counsel's consent?
Per California Formal Opinion 1989-110, yes. Because the lawyer-trustee is acting as a party (the representative of the bankruptcy estate), former Rule 2-100 did not bar the trustee from communicating…
Is it unethical for a California attorney to represent two unrelated clients while arguing opposite sides of the same legal question before the same federal judge?
Per California Formal Opinion 1989-108, no. The committee opined that even where there is a substantial likelihood that one or both clients will be prejudiced, taking opposite legal positions for diff…
May a California prosecutor offer to dismiss a colorable criminal case if the defendant stipulates there was probable cause for the arrest, thereby releasing the police agency from civil liability?
Per California Formal Opinion 1989-106, no. The committee opined that a prosecutor's offer to dismiss a colorable prosecution in exchange for a civil-liability release is a veiled threat to continue t…
Do the ethics rules require a lawyer to report serious crimes she discovers an opposing party committed while pursuing a civil claim, especially after a confidential settlement?
The opinion concluded the rules do not impose a special reporting duty for a non-client, non-lawyer's crimes beyond an ordinary citizen's, except for the criminal laws on compounding a felony or being…
Can a lawyer give the executrix-client a share of the legal fee instead of her taking an executrix fee, to hide her compensation from another heir?
The committee was of the opinion that the arrangement is prohibited on multiple grounds: its purpose to deceive the client's brother violates RPC 1.2(d), it amounts to prohibited financial assistance …
May a lawyer advertise legal services on public buses?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit advertising legal services on public buses.
If a witness hired by a party makes ex parte contact with the opposing side's treating physician, does that violate the rules, and does Loudon v. Mhyre reach the agency?
The committee declined the legal question of whether Loudon v. Mhyre applies to the Department of Labor & Industries. It was of the opinion that if the witness who made ex parte contact with the treat…
A lawyer learns a former client used a possibly fraudulent document to settle with an insurer and won't correct it; what are the lawyer's duties?
The committee was of the opinion that the lawyer acted properly under RPC 3.3(d) in urging the client to authorize disclosure, that RPC 1.6 then prevents any further disclosure given the client's refu…
Does the trust-account rule need a new provision telling lawyers how to disburse funds when more than one person claims them?
The committee was of the opinion that no amendment is required: the existing rule, which directs paying the client the funds the client 'is entitled to receive,' resolves the issue, and the question o…
If a Special Proceedings Rule requires a guardian ad litem in a minor's settlement, must a lawyer comply with it as a matter of professional conduct?
The committee was of the opinion that, if SPR 98.16W applies to the facts of a minor settlement, RPC 8.4(d) would require the lawyer to comply with that Special Proceedings Rule.
If a lawyer serves as a part-time municipal judge, may the lawyer and the firm represent clients adverse to the municipality in matters outside the municipal court's jurisdiction?
The committee was of the opinion that RPC 1.11 and 1.12 are the applicable rules and that, on the facts presented, nothing in those rules prohibits the lawyer or the firm from representing clients adv…
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.