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 retired judge who is not eligible for recall to the bench endorse candidates and take part in political campaigns?
The Board concluded that a retired judge who is not eligible for recall to judicial service is not governed by the Code of Judicial Conduct and therefore may endorse or participate in the campaign of …
At a real estate closing, can the buyer's lawyer discuss the sale with the seller before the seller's lawyer arrives?
The Board concluded that former DR 7-104(A)(1) bars communicating with a represented party on the subject of the representation, but that communications truly unrelated to the representation are not v…
If a lawyer is discharged before doing any work, can the lawyer still enforce a retainer agreement and collect the stipulated fee?
The Board concluded that when a lawyer withdraws or is discharged, has collected no fees, and has performed no services, the lawyer is not entitled to the stipulated fee, because a lawyer must refund …
Can a lawyer follow instructions from a client's real estate agent to prepare a different deed than the contract calls for, and how much decision authority belongs to the client?
The Board concluded that decision-making authority over the representation rests exclusively with the client, that a lawyer should keep the client informed and discuss the deed options directly with t…
Can an attorney advertise on a billboard in Ohio?
The Board concluded that billboard advertising is a permitted form of advertising under former DR 2-101, relying on the rule's 'or otherwise' catchall, provided the billboard contains no false, fraudu…
Can a lawyer advertise for cases, like personal injury, that the lawyer does not actually handle but refers out to other firms?
The Board concluded that it is misleading under former DR 2-101(A) for a lawyer to advertise for work the lawyer does not handle, such as advertising for personal injury clients while referring those …
Can a lawyer pay to be listed in a 'Talking Yellow Pages' service that gives callers attorney names by random computer selection?
The Board concluded that a lawyer could advertise in the Talking Yellow Pages, because under DR 2-101(B)'s catchall it was a permitted form of advertising and, since the service did not recommend or e…
When can a lawyer share a fee with another lawyer outside the firm, and does advancing litigation costs or appearing as co-counsel count as 'responsibility assumed'?
The Board concluded that under former DR 2-107(A)(2), a division of fees between lawyers outside the same firm must be proportional to the services performed and responsibility assumed, and that 'resp…
Can a prosecutor publicly explain why a criminal charge was not filed once the investigation is finished?
The Board concluded that former DR 7-107(A) barred extrajudicial statements about a pending criminal investigation, but did not apply to completed investigations, so a prosecutor could explain why a c…
Must a Tennessee criminal defense lawyer investigate the facts before filing a motion to suppress evidence?
The opinion concluded that criminal defense lawyers are not ethically required to investigate the facts underlying a motion to suppress before filing it. The Board reasoned that the duty to represent …
Must a Tennessee prosecutor notify a delinquent child-support obligor's attorney of record before filing a petition for contempt and attachment against the obligor?
The opinion concluded that filing a petition for contempt and attachment against a delinquent child support obligor under T.C.A. Section 36-5-101(b) is an appearance under DR 7-106(C)(5), so the prose…
When the same insurer covers both the plaintiff and the defendant, can the defense lawyer use the plaintiff's insurance file that the carrier forwards to use against the plaintiff?
The opinion concluded that defense counsel hired by the carrier may not use the plaintiff's insurance file obtained from the carrier to circumvent the rules of discovery, because doing so is unfair ba…
Can a Mississippi lawyer who holds a contingent fee join with the client as a named party plaintiff in the lawsuit?
The opinion concluded a lawyer whose only interest is a contingent fee should not join as a named party plaintiff with the client, even though acquiring the contingent fee and securing it by assignmen…
Can a lawyer who is county counsel and a school board attorney appear before municipal boards where his father is a township committeeman?
The Committee concluded the attorney is not prohibited from appearing before municipal agencies (other than the Board of Education he represents) merely because he is county counsel, is school board c…
Can a lawyer send a statutory demand notice directly to an unrepresented opposing party?
Yes, with disclaimers. Georgia FAO 88-3 concluded that a lawyer may send the O.C.G.A. 51-12-14 demand notice to an unrepresented party if the notice states it is sent only to establish a claim for int…
If a lawyer testified at trial on the client's behalf, can the same lawyer brief and argue the appeal?
The opinion concluded that a lawyer who testified at trial is precluded from acting as appellate counsel if the lawyer knows or it is obvious that the subject of the testimony will or ought to be an i…
Can a lawyer who is owed fees by a former client now in bankruptcy use what the lawyer learned about the client's affairs to help the trustee or creditors locate assets, while also pursuing the lawyer's own fee claim?
The committee concluded that former counsel may file a fee claim in the bankruptcy and an adversary proceeding to have the debt declared nondischargeable, using confidences only as necessary and with …
Can a lawyer let a non-law business she co-owns list 'Esq.' after her name on the company letterhead and promotional materials?
The opinion concluded that listing 'Esq.' after the lawyer-shareholder's name on a non-law business corporation's letterhead does not violate the advertising rule, because the designation is truthful …
Can a lawyer accept a forwarding (referral) fee on a case he had to forward to other counsel because of a conflict of interest?
The committee concluded it would be improper to accept a forwarding fee on a case forwarded because of a conflict, because the forwarding lawyer cannot expressly assume responsibility to the client as…
Can an in-house lawyer collect statutory attorney's fees that go to the lawyer's employer?
Yes. Georgia FAO 88-2 concluded that an attorney-employee may collect statutory attorney's fees on a defaulted note that accrue to the employer, because the employer is the client and the fees are tre…
Can the law partner of a municipal planning board's counsel serve as counsel to the municipal utilities authority in the same township?
The Committee applied its settled test that an attorney, or a partner of an attorney, cannot serve as counsel to two boards of the same municipality where there is or may be a conflict, rejected the a…
Can a lawyer become a school board's attorney right after the lawyer's partner finishes a term as a member of that board?
The Committee concluded that both the former board member and his law partner should not serve as the board's attorney for six months following the member's service, regardless of how the school-board…
Can a lawyer take a contingent fee to collect unpaid alimony arrears after a divorce judgment?
The Committee concluded that RPC 1.5(d)(1) does not bar a contingent fee for recovering post-judgment alimony arrears, because the action seeks to collect already-determined alimony rather than the in…
Can a law firm form and invest in a for-profit subsidiary that provides non-legal services to the firm's clients?
The committee concluded the general concept of a firm owning a non-legal services subsidiary did not violate the Canons, but flagged that the arrangement raised concerns under the rules on unauthorize…
Can a law firm form and co-own a title abstract company with one of its real estate clients, and then refer its clients to that company for title work?
The opinion concluded that a firm may form and be a principal in a title abstract company with a client subject to solicitation, fee-sharing, and business-transaction safeguards, and may refer clients…
Can administrative law judges serve as arbitrators in outside proceedings, given that the Code of Judicial Conduct bars full-time judges from acting as arbitrators?
The opinion concluded that the Code of Judicial Conduct's flat bar on judges acting as arbitrators should not be applied rigidly to administrative law judges; ALJs may serve as arbitrators where it is…
In a 42 U.S.C. 1983/1988 civil rights case, can a lawyer use a contingent fee, and is the lawyer's fee capped at the court-awarded statutory fee?
Yes to a contingent fee. The opinion concluded that, as a matter of legal ethics, the total fee is not necessarily limited to the court-awarded amount, but the lawyer cannot collect both the statutory…
When a law firm dissolves, what duties do the principals owe to clients and to each other?
The opinion concluded that dissolving lawyers must continue serving clients until matters conclude or withdrawal is permitted, notify clients in a way that preserves their free choice of counsel, deal…
Can a lawyer skip the trust account for a small recording fee by depositing the client's single check for the fee and recording cost into the general account?
The opinion concluded that all funds received as a fiduciary must go into the trust account no matter how small, but a lawyer may avoid an intermediate trust deposit by advancing the recording cost fr…
Can a lawyer who is trustee in a foreclosure file a motion in the debtor's bankruptcy to lift the automatic stay?
The opinion concluded that a foreclosure trustee owes a fiduciary duty to both borrower and lender and may not act as an advocate for either; because moving to lift the bankruptcy stay puts the lawyer…
Can a lawyer take a contingent fee to collect child-support arrearages from a deceased parent's estate?
The committee concluded that because the noncustodial parent was deceased, two of the four conditions for a contingent fee in a support case (the child's age and not undermining the parent-child relat…
Can a lawyer secure a fee with a lien on the very property in dispute, or take a contingent fee as an assigned interest in that property?
The opinion concluded both are permissible under DR 5-103(A), which lets a lawyer acquire a lien to secure fees and contract for a reasonable contingent fee in a civil case, subject to the bar on adva…
Can a sitting judge write a letter to the newspaper supporting another judge's retention if the letter does not say the writer is a judge?
The opinion concluded such a letter would violate Canon 7(A) of the Code of Judicial Conduct, which bars a judge from publicly endorsing a candidate for public office, even though the letter would not…
When winding up a deceased lawyer's practice, what should be done with trust-account money that can't be matched to a client or whose client can't be found?
The opinion concluded that, after a reasonable good-faith effort (including newspaper publication) to identify and locate the owners, funds that cannot be attributed to any client may be paid to the d…
I want to broker medical experts and consultants to other attorneys for malpractice and personal injury cases, earning a contingent fee for the brokering (not for legal services). Can I do that, and can I market it using letterhead that shows I'm also a lawyer?
The brokerage itself is permissible as a commercial rather than legal activity, but the panel held the attorney may not use stationery, signage, or publications that identify him as a lawyer in connec…
Can my firm mail a newsletter to companies or individuals who aren't current clients?
No, at the time of this opinion. The panel held that mailing a newsletter to non-clients was direct contact recommending the firm's employment under DR 2-103(A), and that the newsletter did not fall w…
I'm a real estate attorney who owns half of a mortgage brokerage. Can the brokerage use me to close its loans, can a borrower waive independent title counsel and use me instead, can I also handle the purchase-and-sale closing, and can I share office space and overhead with the brokerage?
Yes to all four, according to the panel, as long as the attorney fully discloses his ownership interest in the mortgage brokerage to any borrower he represents on title work or a purchase-and-sale clo…
When a lawyer withdraws from representing both an employer and its employees over a conflict, who is entitled to the file the lawyer created?
The committee concluded that which documents belong to the employer versus the employees is a legal question outside its province; the ethics rules only require the lawyer to return property to the pe…
Can a Virginia lawyer split a fee with an out-of-state attorney who refers a criminal case and acts only as an interpreter?
The committee concluded the proposed fee split was not improper so long as the client consented to the additional employment and the division terms and both attorneys assumed responsibility after full…
Can a lawyer run a second business or share office space with a nonlawyer from the same premises?
The opinion concluded that a lawyer may practice two professions from the same premises and may share office space with a nonlawyer, but must preserve client confidences, post separate signs to avoid …
What must a lawyer do when the client secretly tape-recorded the opposing party's privileged conversation?
The opinion concluded that a lawyer whose client secretly recorded a private conversation between opposing counsel and the opposing client is not required to withdraw, and may not use the tape or its …
Can an attorney who is also a real estate broker advertise both roles when soliciting real estate business?
The opinion concluded that an attorney/real estate broker may truthfully state on legal letterhead that he also holds a broker's license, and may use that letterhead for mailed solicitations that comp…
Can a Georgia lawyer hold a client's file under a retaining lien until unpaid fees are paid?
Generally no. Georgia FAO 87-5 concluded that a lawyer's ethical duty not to prejudice the client is paramount over the statutory retaining lien, so the lawyer may not withhold the client's papers or …
An expert witness referral association I represent wants me to ask the ethics panel whether lawyers may recommend it to their clients or represent clients who've engaged it. Will the panel answer that?
No. The panel declined to render an opinion, holding that the request concerned a hypothetical situation not arising from a factual situation faced by the inquirer himself, and so did not comport with…
My clients want me to publish an article about their unusual Family Court case, and they're fine with fictitious names being used. Can I do that?
Yes. The panel held that the attorney may properly publish an article on his clients' case because they consented, provided he uses fictitious names for the people and specific places involved to prot…
Can I send letters offering my services directly to people who were injured in an accident, or to people connected to someone who was injured?
No, at the time of this opinion. The panel held that the proposed letters would violate DR 2-103(A)'s bar on recommending one's own employment to a layperson who has not sought advice about hiring a l…
Is it ethical to represent multiple plaintiffs when the defendant makes an all-or-nothing blanket settlement offer?
The Committee concluded there is no ethical problem in representing multiple plaintiffs who have no apparent conflict; a conflict arises only when an all-or-nothing blanket offer is made, at which poi…
Can a bar association's nonprofit lawyer referral service require participating lawyers to contribute a percentage of fees from referrals to help finance the service?
The opinion concluded that a nonprofit bar association's lawyer referral service may require participating lawyers to contribute up to ten percent of the net fee from a referral, so long as the contri…
Can a lawyer tell a court reporter not to inform opposing counsel that the lawyer ordered a deposition or trial transcript?
The opinion concluded it is normally not unethical, because there is no general duty to disclose that a transcript was ordered, but it becomes a DR 1-102(A)(4) violation (dishonesty or deceit) if the …
Must a lawyer who will be a necessary witness withdraw from the case, and does the substantial-hardship exception save the representation when the testimony concerns a pre-trial issue?
The committee concluded the Code draws no distinction between pre-trial and trial testimony, and that on the limited facts it could not find the substantial hardship needed to excuse withdrawal, so th…
If a lawyer learns in discovery that opposing counsel advanced money to a client against a settlement, must the lawyer report it, and does a protective order excuse the duty?
The committee concluded that advancing money to a client (not for litigation expenses) violated DR 5-103(B), the unprivileged knowledge of it raised a substantial question of fitness so it had to be r…
Can a lawyer keep representing a client in a later, related suit when the lawyer may be called as a witness other than on the client's behalf?
The committee concluded that under DR 5-102(B), a lawyer who may be called as a witness other than on behalf of his client may continue the representation until it becomes apparent that his testimony …
Can a lawyer for a government agency impose a blanket veto that bars an opposing lawyer from contacting any agency employee outside the government lawyer's presence?
No. The opinion concluded the no-contact rule (DR 7-104(A)(1)) does not let government counsel veto all informal contacts; it does not reach employees who lack power to bind the agency or hold no conf…
Can a liability insurer's instructions limiting how defense counsel conducts the defense create an ethical problem for the lawyer?
Yes. The opinion concluded that, although an insurer may legitimately control costs, carrier-imposed restrictions can reach a point where they threaten the lawyer's ability to give the insured (the cl…
Can a law firm mail seminar brochures to non-clients, and must the brochures be labeled as advertisements?
The opinion concluded that a firm may conduct legal seminars within the committee's guidelines and mail brochures publicizing them to non-clients, even when the motive is financial. A brochure that gi…
May a lawyer write directly to the members of a represented municipality's council to protest the legal position it took as amicus curiae in a pending appeal?
The opinion concluded that sending such a communication directly to the council of a represented amicus municipality could violate the no-contact rule, because 'party' reaches any interested participa…
Can a lawyer agree to draft a complaint for a client to sign and file pro se, without entering an appearance, when the lawyer declines the full case?
The opinion concluded the lawyer did not act unethically by limiting the representation to preparing a non-frivolous complaint the client signed and filed pro se, and need not sign it or enter an appe…
If a client receives an unsolicited ex parte letter from a tribunal member favoring the client, must the lawyer disclose it to opposing counsel?
The opinion concluded the Bar Rules did not require disclosure, because the client's receipt of the unsolicited letter was a client 'secret' and no rule expressly required disclosing an administrative…
Can lawyers set up a privately owned, for-profit lawyer referral service funded by fees from participating attorneys or a split of referred-case fees?
The opinion concluded the proposed privately operated referral service violated both the rule allowing referral payments only to a bar-association service and the rule on fee division, so participatio…
Can a solo lawyer add a semi-retired 'of counsel' lawyer's name to the firm name, calling the firm 'A and B'?
The opinion concluded that naming the firm 'A and B' is permissible only if the relationship is in fact more than office-sharing (ongoing consultation and shared responsibility for clients); if so, th…
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.