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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After distributing an estate to two heirs, a lawyer learns of a third undisclosed heir; what must the lawyer do if the heir-clients will not correct it?
The committee was of the opinion that RPC 4.1(b) requires the lawyer to call on the heir-clients to correct the apparent fraud on the omitted heir; if they refuse to correct it or to authorize disclos…
If a law firm finds an overbalance in its trust account that may be unwithdrawn earned fees, can it simply take the money, and who pays to prove the fees were earned?
The committee was of the opinion that before taking trust-account funds as earned fees, the firm bears the burden of demonstrating its right to claim ownership, and that any auditing or accounting cos…
Can a legal-services office let its funding agency examine original financial records that identify clients and the work done for them?
The opinion concluded that the client-identifying records the Legal Services Corporation sought are secrets under RPC 1.6 because their disclosure would be embarrassing or detrimental to the clients, …
May a law firm report a client's delinquent account to a credit reporting bureau?
The committee was of the opinion that a delinquent client account is a confidence or secret that cannot be reported to a credit bureau except in compliance with RPC 1.6(a); doing so would also violate…
If a lawyer skips an adversarial child-support hearing without telling the client, is that a rules violation, and does a claims officer who is also a lawyer breach the no-contact rule by dealing with the party?
The committee was of the opinion that a lawyer who, without advising the client, fails to attend the hearing violates RPC 1.4(a)'s duty to keep the client reasonably informed, but that on the facts de…
When insurance-defense counsel learns from the insured a fact suggesting the insured may not be covered, may the lawyer disclose it to the insurer that hired the lawyer?
The committee concluded that the information the client gave the lawyer is a secret under RPC 1.6, so the lawyer could not disclose it to the insurer and should continue to represent the client.
When a public defender is appointed for a jailed client who is released after 72 hours with no charges filed, when does the representation end?
The committee was of the opinion that the attorney-client relationship begins on appointment and continues, with the lawyer bound by all the Rules of Professional Conduct, until the lawyer has withdra…
After serving as a child's guardian ad litem to review a settlement's adequacy, may the lawyer then represent the child's parents?
The committee was of the opinion that representing the parents after serving as the child's guardian ad litem would create a conflict of interest prohibited by RPC 1.7(b)(2), and that the GAL's only d…
Can a lawyer release a deceased client's trust funds to the client's mother?
The committee was of the opinion that this is a legal rather than an ethical question; all it could say is that the lawyer may deliver the money to the mother if the lawyer is satisfied that she is en…
May a corporation that employs a staff attorney solicit lawyers for business assisting in bankruptcy and unlawful detainer proceedings, and does that risk aiding the unauthorized practice of law?
The committee was of the opinion that, presuming the letter is not otherwise misleading or deceptive, the rules do not prohibit such solicitation, but it flagged that the arrangement raises a question…
If a judge informally asks a public defender whether particular clients have been meeting with the lawyer, may the lawyer answer?
The committee was of the opinion that whether the lawyer's clients have been meeting with the lawyer is a client confidence or secret that RPC 1.6 bars disclosing without the client's consent or a cou…
May a lawyer charge a contingent fee to defend a client against a non-criminal traffic infraction?
The committee unanimously agreed that a contingent fee could be charged to defend a non-criminal traffic infraction, because such proceedings are not criminal cases and so fall outside the rule's bar …
When a represented adverse party contacts a lawyer directly and says they want to talk without their own counsel, may the lawyer communicate with them?
The committee was of the opinion that the lawyer first has to resolve whether the adverse party is still represented; before any direct contact the lawyer should confirm the other counsel has actually…
Does the lawyer-as-witness rule apply to private labor arbitration and unfair-labor-practice hearings, and does it bind an advocate who is not a Washington bar member?
The committee was unanimously of the opinion that the term 'trial' in RPC 3.7 applies to private arbitration hearings under collective bargaining agreements and unfair-labor-practice hearings; but Was…
Must a lawyer give a client copies of sealed-file documents the client requests, when a statute allows their release only by court order?
The committee was of the opinion that if the pertinent statute prohibits disclosure of the documents, the client would not be entitled to them; it could not give a legal opinion on the statute, but un…
May lawyers who share office space and a common phone line answer the telephone as 'law offices'?
The committee was of the opinion that answering the telephone with the term 'law offices' is not misleading, and that neither Formal Opinion 178 nor RPC 7.5(d) would prohibit such conduct.
May a prosecutor, or any lawyer, engage in casual conversation with prospective jurors?
After considerable discussion, the committee was of the opinion that such casual conversation would be prohibited by RPC 3.5, because it might lead to influencing a prospective juror, and by RPC 8.4(d…
When a court orders a public defender to keep representing a defendant despite a possible conflict, must the lawyer continue?
The committee was of the opinion that RPC 1.15(c) requires the lawyer to continue representing the defendant pursuant to the judge's order, but because the matter is currently in litigation the commit…
May a firm negotiate a merger with another firm when it formerly represented clients adverse to the other firm's clients in ongoing litigation?
The committee was of the opinion that the firm could enter into merger negotiations provided no confidences or secrets of its former client were disclosed, but that RPC 1.9(a) would prohibit a merger …
Must a lawyer disclose a client's earlier failure to reveal a trust account in a bankruptcy, and does it depend on whether the lawyer still represents the client?
The committee was of the opinion that if the firm remains attorney of record in the bankruptcy it must disclose the earlier failure to disclose the trust account; if it no longer represents the client…
May a law firm join a referral arrangement where a corporation collects monthly fees from members and refers them to the firm for a free half-hour and a 10% discount?
The committee, with one dissent, was of the opinion that the proposal would violate RPC 7.2(c) because the lawyer being part of the package the corporation sold constituted something of value given to…
May a lawyer also work as a mortgage broker from the same office, and solicit that brokerage business from current and former clients?
The committee was of the opinion that the lawyer must disclose to the parties that the lawyer is not acting as their attorney; may run both the law practice and the brokerage from one office but must …
Must a new lawyer disclose a client's past fraud (assisted by a prior lawyer) that the new lawyer has already helped cure?
The committee concluded that, to the extent some fraud was committed, that fraud had now been 'cured,' and was of the opinion that unless the client consents to disclosure, RPC 4.1 and RPC 1.6 prohibi…
May a lawyer give business cards to a doctor friend to hand out to injured patients who may need a lawyer?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from giving business cards to a doctor who requests them to give to patients, assuming no fee or o…
May a firm take pro bono work from Tribal entities when the firm represents clients litigating against those entities, and what must it weigh?
The committee was of the opinion that under RPC 1.7(b) the lawyer should weigh the duty of loyalty to existing clients and the RPC 1.6 bar on revealing a current or former client's confidences; the la…
Must a lawyer disclose that a court-appointed client is no longer financially eligible for appointed counsel, or obtained the appointment by fraud?
Assuming there are clear, communicated financial-eligibility standards, the committee was of the opinion that RPC 4.1(b) requires the lawyer to disclose the information, because failing to do so would…
A lawyer holds settlement funds in trust to pay a doctor the lawyer now believes defrauded the insurer. May or must the lawyer disclose, and how should the funds be disbursed?
The committee was of the opinion that the lawyer must first discuss the matter with the client to determine whether fraud occurred; if nondisclosure would assist a criminal or fraudulent act, RPC 4.1(…
If a lawyer receives a settlement check for more than the agreed amount, what must the lawyer do?
The committee was of the opinion that the lawyer must clarify with the adjuster whether the case was settled for the agreed amount or the larger amount; if the larger payment was made in error, the la…
After jointly representing a mother and daughter who are now suing each other over their corporation, may the lawyer disclose what was learned, when one of them objects?
On the facts, the committee was of the opinion that the lawyer could not disclose the information without a court order, as required by RPC 1.6, because the mother objected to disclosure based on the …
Must a lawyer release stored documents to a former client who requests them?
The committee was of the opinion that RPC 1.14(b)(4) requires the lawyer to provide the former client all property the client is entitled to receive, and it directed attention to Formal Opinion 181.
May a lawyer disclose client confidences to a non-lawyer supervisor, and may that supervisor direct the lawyer's professional judgment?
The committee was of the opinion that RPC 1.6 prohibits the lawyer from disclosing client confidences or secrets to a non-lawyer supervisor, and that RPC 5.4(c) prohibits the supervisor from directing…
May an insurance-defense firm use a target-budget system that pays the firm a bonus for handling cases under budget?
Based on the facts submitted, the committee was of the opinion that the proposed target-budget bonus system raised no violations of the Rules of Professional Conduct, so long as the firm complies with…
May a firm's lawyer who is licensed only in Texas use letterhead stating 'Board Certified - Family Law -- Texas Board of Legal Specialization'?
The committee was of the opinion that using such letterhead would be prohibited by RPC 7.4, which bars a Washington lawyer from stating or implying that the lawyer is a specialist.
May a lawyer be identified as 'international counsel,' and does the arrangement with an out-of-state-admitted lawyer raise unauthorized-practice concerns?
The committee was of the opinion that identifying a lawyer as 'international counsel' would violate RPC 7.4 because it would imply the lawyer was a specialist; it raised but rendered no opinion on whe…
May a lawyer provide 'free' legal services to a real estate broker in exchange for the broker's client referrals?
The committee was of the opinion that if the legal services were provided on a quid pro quo basis in exchange for the referrals, it would violate RPC 7.2(c), but if they were not provided on that basi…
Is a brochure used for direct-mail solicitation proper, and what record must a lawyer keep of the mailing?
The committee found nothing improper in the proposed direct-mail brochure but rendered no opinion on its specific content beyond requiring it to comply with RPC 7.1, and it reminded the lawyer that RP…
Can opposing counsel contact a city's employees directly, or does the no-contact rule treat them as represented by the city's lawyer?
The committee concluded that nothing in the rules barred adverse counsel from communicating with city employees unless the employee was a speaking agent for the city on the matter, or there was an act…
Can a suspended lawyer still collect a share of contingent fees on cases handled before the suspension?
The committee concluded that a suspended lawyer may be paid his share of a contingent fee for services performed before the suspension, on a quantum meruit basis, based on the value of the services pe…
How can two solo practitioners who share an office answer a shared phone line without implying they are a partnership?
The committee concluded that answering 'Law offices of A and B' would be misleading under RPC 7.1 because it implies a partnership, but that forms like 'Law Office of A and Law Office of B,' 'Law Offi…
Can a lawyer team up with a nonlawyer to run a medical-ethics consulting practice and share fees and a joint name?
The committee concluded that whether the consulting work was the practice of law was a legal question it could not decide, but that to the extent the lawyer would be practicing law, the lawyer could n…
Is it fee-splitting with a nonlawyer for a salaried lawyer to keep court-awarded fees but rebate to the employer the salary paid for that case?
The committee concluded that this arrangement was not a splitting of fees with a nonlawyer, and that so long as the fees otherwise complied with RPC 1.5(a) there was nothing ethically improper about i…
If a lawyer joins the state legislature, can the lawyer keep representing a plaintiff in a lawsuit against the State?
The committee concluded that on becoming a legislator the lawyer had a duty under RPC 1.7 to advise the client of the potential limitations the political career posed and to assess whether that career…
Can a client sign an advance consent agreement waiving any future objection to the lawyer later representing an adverse party?
The committee concluded that a lawyer may not prospectively obtain a consent waiving all future objection to representing an adverse party, even where the conflict was identified in advance; the forme…
After a firm dissolves, can a lawyer audit a former partner's client files in which the lawyer has a financial interest?
The committee concluded that the lawyer first had to determine whether an attorney-client relationship now existed; if it did, the lawyer could access the file, but if not, the lawyer could not review…
If a prosecutor's office employs a judge's spouse as a special deputy, must that be disclosed when an office lawyer appears before that judge?
The committee concluded that the prosecutor's office had to disclose to adverse parties that it employed the judge's wife as a special deputy whenever a lawyer for the office appeared before that judg…
After giving a possibly misleading answer to a writ of garnishment, must the lawyer correct it, and what happens on the next writ if the client won't allow disclosure?
The committee concluded that the lawyer had no duty to correct the prior answer, but a future writ of garnishment would require disclosing all facts needed to avoid misleading the garnishor under RPC …
May a lawyer condition settlement on the opposing lawyer personally signing a hold-harmless agreement?
The committee declined to opine, concluding the inquiry presented a legal question (whether a lawyer can be required to do more than the law obligates in exchange for settlement) rather than an ethica…
Does the lawyer-as-witness rule bar a lawyer who is sued from representing himself, or a partner from representing him?
The committee concluded RPC 3.7 is not intended to prevent a lawyer who is a party defendant from representing himself, nor to prevent a partner or associate of that lawyer from representing him in th…
Can a lawyer sign demand letters and pleadings prepared by a collection agency client, where the agency keeps the records and the lawyer keeps no case files?
The committee concluded that the lawyer could enter the arrangement only if he knew the debt was owing in each case, reviewed and signed each document before it went out or was filed, exercised indepe…
Can a firm buy the law practice of a part-time municipal judge becoming full-time, and must the firm disclose that deal to opposing counsel?
The committee concluded the firm could enter the arrangement to buy the practice, that RPC 8.4(d) required disclosing it to opposing counsel where non-disclosure would be prejudicial, and that paying …
What must a lawyer do with a deceased lawyer's files that contain original wills and deeds when the clients cannot be located?
The committee concluded that the lawyer had to continue safeguarding original wills, deeds, and other client property when the clients could not be located, but that file materials that are not client…
Does the lawyer-as-witness rule stop a lawyer from representing himself, or from being represented by another lawyer in the same firm?
The committee concluded that RPC 3.7 is not intended to prevent a lawyer from representing himself or herself in litigation, nor to prevent a lawyer from being represented by another lawyer in the sam…
Can a lawyer release a former client's information to the news media because the lawyer believes the former client may commit future crimes?
The committee concluded that RPC 1.6(b)(1) permits disclosure to prevent a client crime only on an objectively reasonable belief, not a subjective one, and that without specific objective facts the la…
May a lawyer pay an expert witness a contingent fee?
The committee said RPC 3.4(b) governs, barring inducements to a witness that are prohibited by law, but whether a contingent fee is prohibited by law is a legal question the committee could not answer…
Does a lawyer have to tell the opposing party that the lawyer is married to the client's treating chiropractor?
The committee concluded that nothing in the rules required the lawyer to disclose the marital relationship between the lawyer and the client's chiropractor to an opposing party, unless the lawyer was …
Can a law firm represent a client in litigation when the firm already owns a small ownership stake in that client?
The opinion concluded that Rule 3.7(c)'s bar on acquiring a proprietary interest in litigation does not reach a firm whose pre-existing interest in the client was acquired for reasons independent of a…
Can a criminal defense lawyer file a broad 'blanket' motion to suppress, and must the lawyer investigate every ground first?
The Board concluded that filing a 'blanket' motion to suppress does not violate the Code, and that a criminal defense lawyer is not required to conduct a complete investigation before filing one given…
Can a lawyer hold a client's file or work product until the legal fee is paid?
The committee concluded that whether 'applicable law' lets an attorney retain a client's papers or work product is a legal question outside its purview, but that even where the law permits retention, …
Can a full-time probate or juvenile court referee draft wills or trusts for relatives?
The Board concluded that a full-time referee is a judge for purposes of the Code of Judicial Conduct and is precluded from practicing law under Canon 5F, and that preparing wills is the practice of la…
Is an Ohio attorney who is delinquent on biennial registration, but not yet stricken from the roll, engaged in the unauthorized practice of law while still practicing?
The Board concluded that an attorney who is delinquent in biennial registration but has not yet been stricken from the roll of registered attorneys is not engaged in the unauthorized practice of law d…
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.