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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I'm a Rhode Island lawyer who is also a state employee. Can I participate in a strike by state employees?
No. The panel held that the inquiring attorney, a state employee, may not participate in a strike by state employees, reasoning that public employees are already barred from striking against their pub…
My sole proprietorship wants to form a partnership with an out-of-state firm that might include one or more professional corporations. Is that permissible?
Partly. The panel held that a sole proprietorship may partner with an out-of-state law partnership as such, provided the resulting firm's letterhead and listings disclose jurisdictional limitations un…
When a government agency in a dispute with my client has retained counsel, can I still write directly to the head of the agency about the matter?
The opinion concluded that if the agency head is acting in an official capacity, the lawyer may submit comments to the head under the 'authorized by law' exception to DR 7-104(A)(1), provided the lawy…
Can a lawyer who represents employees in workers' compensation cases switch to representing their employers, withdraw from pending matters, and still collect fees for work already done?
The Board concluded that a lawyer may not oppose a former client in a substantially related matter, may withdraw from a current matter only on compelling circumstances and with the client's consent (a…
What does the 'Of Counsel' designation mean, and can a lawyer who is also a CPA indicate the second profession on letterhead or run both practices from one office?
The Board concluded that 'Of Counsel' indicates a continuing, close relationship with a lawyer or firm other than as a partner or associate, and that under former DR 2-102(E) a lawyer engaged in anoth…
Can a law firm send newsletters to companies and individuals who are not current clients?
The Board concluded that a law firm may send newsletters to non-clients, provided the newsletters contain no false, fraudulent, misleading, or deceptive statements or claims, because newsletters are a…
Can a law firm that represents a public mental-health board also represent neighbors opposing a land-use variance sought by that board's agency?
The Board concluded that a firm representing a public mental-health board could not also represent landowners opposed to a variance sought by the board's agency, because the clients had differing inte…
Can a county commissioner who is also a lawyer represent clients in the Court of Common Pleas of the same county, and can the commissioner's law partner take those cases?
The Board concluded that the former Code did not specifically preclude a county commissioner from appearing in the county's Court of Common Pleas, in civil or criminal cases, as long as doing so did n…
Can lawyers who share office space and some expenses but no longer share fee income keep using a combined firm name like 'Smith, Jones & Blank'?
The Board concluded that under former DR 2-102(C) a lawyer may not hold himself out as having a partnership with other lawyers unless they are in fact partners, so lawyers who only share offices or ex…
Can a legal research and writing service that works only for lawyers and law firms operate under a trade name, and can the person running it call themselves a lawyer?
The Board concluded that providing legal research and writing services exclusively for lawyers and law firms is not the practice of law, so the service can be marketed under a trade name, but a person…
Under Ohio's judicial-conduct rules, could a judge or judicial candidate's campaign committee contribute to other candidates, and could a judge contribute to a political party?
The Board concluded that, unlike the ABA's version, Ohio's Code of Judicial Conduct did not bar a judge or judicial candidate, or the candidate's campaign committee, from contributing to other candida…
Is it unethical for a Tennessee lawyer to make unsolicited contact with a non-client to seek employment, and must another lawyer who learns of it report it to the Board?
The opinion concluded that unsolicited contact by a lawyer with a non-client for the purpose of securing employment is unethical under DR 2-103(A), consistent with the historical prohibition on in-per…
Can a Tennessee lawyer accept employment from an insurer to represent an insured if the insurer imposes conditions limiting or directing the scope of pre-trial discovery?
The opinion concluded that a lawyer retained by an insurer to represent an insured may not accept the employment subject to conditions limiting or directing the scope and extent of the representation,…
Can a law firm set up a separately named storefront company to take in the public's legal inquiries and funnel them to the firm?
The opinion concluded that the proposal had ethical defects: the company would operate as a lawyer referral service subject to the referral-service rule, its name would be misleading, and Florida lawy…
Can a lawyer take assignments from a temporary-lawyer staffing agency that rents lawyers to firms?
The opinion concluded that a lawyer may accept assignments from a temporary-lawyer agency only if confidentiality, conflicts, professional independence, unauthorized-practice, and fee-division concern…
Can a discharged lawyer keep the client's case file until advanced costs are paid?
The opinion concluded that a law firm discharged before the litigation concludes may assert a retaining lien on the case file until advanced costs are reimbursed or guaranteed, subject to the ethical …
Can a lawyer for the petitioning spouse in a divorce send the unrepresented spouse a letter advising on the meaning of court documents and the choice to waive counsel?
The opinion concluded no; the letter improperly gave misleading legal advice to an unrepresented adverse party, downplayed getting counsel, and fostered the impression the lawyer would protect that pa…
When a former public defender becomes a prosecutor in the same county, can the rest of the office handle his old cases if he is screened?
The opinion concluded that proper screening avoids imputing the former public defender's conflict to the whole State's Attorney's office, so other prosecutors may handle his former cases without appoi…
If a co-counsel learns the trial lawyer told the client to lie on the stand, must he report it to the court and to the lawyer's other bar?
The committee concluded that if the client committed perjury, the trial lawyer was bound by the fraud-on-a-tribunal disclosure rule, and that the co-counsel who learned of the misconduct had a duty un…
Two of my firm's clients are now in a contract dispute with each other, and one objects to my firm continuing to represent the other. Will the ethics panel decide whether I can continue?
No. The panel declined to rule, holding that a contested-fact situation like this, where the dispute is already pending in court, must be resolved in an adversary proceeding rather than through an adv…
My client wants to bring a claim, but a statute has abolished an element of it. I believe there's a good-faith argument that the abolishing statute is unconstitutional. Can I ethically proceed?
Yes. The panel held that because the attorney sincerely believed a good-faith argument could be made that the abolishing statute was unconstitutional, proceeding with the claim was permissible under D…
An out-of-state law firm organized as a professional corporation wants to open a Rhode Island branch office, and I would staff it as the Rhode Island-admitted lawyer. Is that permissible?
No. The panel held that because the out-of-state professional corporation had not been organized under Rhode Island's Professional Service Corporation Law, it could not practice law in Rhode Island, s…
I currently represent a husband in an unrelated matter where he shared confidential financial information with me. His wife just called asking me to represent her in divorcing him. Can I take her case? Can I keep representing the husband on his other matters?
No to representing the wife: the panel held that representing her in the divorce would violate the Code, regardless of whether the confidential information from the husband was actually relevant to he…
Can a lawyer represent a client suing a relative for personal injury when recovery is limited to the relative's insurance?
The Committee concluded the representations are prohibited even with full consent, because RPC 1.7(c)(2) bars representation that an ordinary knowledgeable citizen would see as creating an appearance …
When a Deputy Attorney General joins a private firm, what matters before his former state agency can he and the firm still handle?
The Committee concluded the association is proper if the firm withdraws from matters improper for it to handle: under RPC 1.11(a), where the former government lawyer had substantial participation, con…
Can a lawyer keep representing the husband in a divorce when a partner once did legal work for the wife, both before and after joining the firm?
The opinion concluded that the lawyer may continue representing the husband over the wife's objection, provided the partner gained no confidential information material to the domestic case while repre…
Can a closing attorney disburse loan proceeds before recording when the realtor and seller demand it, even though the lender's instructions require recording first?
The opinion concluded that the attorney may not ignore the lender's instruction that recording precede disbursement: the lender is the attorney's client, the trust rules require disbursing entrusted f…
Can a board-certified legal specialist advertise using variations of the official specialty designations rather than the exact wording?
The opinion concluded that a board-certified specialist may use variations of the official designations so long as the variations are not false, misleading, or deceptive, because nonmisleading variati…
After representing a husband in a custody case against his first wife, can the lawyer later represent his second wife in divorcing him?
The opinion concluded that because the prior custody case is not substantially related to the new divorce, the lawyer may represent the second wife, but may not reveal the husband's confidences or sec…
Can a plaintiff's lawyer send settlement demands directly to the insurer that is providing defense counsel for the adverse party?
The opinion concluded no, unless defense counsel consents, because an insurer that provides counsel to defend its insured against a liability claim is itself a represented party under the no-contact r…
When a client stops paying, can the lawyer sue for fees or take other action against the client during the representation?
The opinion concluded that a lawyer whose client has reneged on a fee agreement should not take action adverse to the client until the representation has ended; if the nonpayment compromises the lawye…
Can a lawyer who regularly represents an insurer serve as that insurer's party-appointed arbitrator on a tripartite panel?
The opinion concluded that an insurance defense lawyer may serve as a non-neutral, party-appointed arbitrator on a tripartite panel in a proceeding involving a regular client, provided the relationshi…
Can a law firm publish a 'tombstone' announcement naming the deals it worked on and the clients involved?
The opinion concluded a firm may publish 'tombstone announcements' of its participation in selected transactions, naming the clients, but only with each client's prior consent after full disclosure, a…
Can a lawyer draft a client's will that names the lawyer as a devisee, even if only to pass the property on to a charity of the lawyer's choosing?
The committee concluded that DR 5-104(B) bars a lawyer from preparing an instrument giving the lawyer a testamentary gift unless the client is a relative, and that to comply the property should be pla…
Can a closing attorney disburse builder's proceeds and a construction-loan payoff before the lender's deed of trust is recorded, if the lender consents?
The committee concluded it would be improper to disburse the builder's proceeds and construction-loan payoff before recordation of the lender's deed of trust, because Virginia Code 6.1-2.13 barred a s…
When may a lawyer disburse settlement funds a third party claims a lien on, and must the lawyer start proceedings to resolve the lien?
The opinion concluded that, following Opinion 88-02, a lawyer pays settlement funds to whoever is clearly entitled and otherwise holds disputed funds in trust or interpleads them. The lawyer may not h…
Can a plaintiff's lawyer interview a corporate defendant's employee witnesses without going through the corporation's lawyer?
The opinion concluded a lawyer may directly contact and interview a corporate opponent's lower-level employee witnesses without the corporation's permission or notice to its counsel, as long as the em…
I represent a guardian of a minor's estate in Probate Court. I've sent six letters over 15 months reminding my client of the legal duty to file accounts, and my client still hasn't filed them. Can I withdraw?
Yes. The panel held that, based on the attorney's representations, he could move to withdraw under DR 2-110(C)(1)(d), while remaining subject to the general withdrawal requirements of DR 2-110(A).
May a town or village justice use a confidential law clerk appointed and paid by the county, and is there a conflict when the district attorney appears before the justice?
The opinion concluded that a justice may use a county-appointed law clerk where the clerk is 'court personnel' subject to the justice's sole direction and control, or qualifies as a disinterested expe…
Can an Ohio legal professional corporation include in its name an associate who is not a shareholder?
The Board concluded that the name of a legal professional corporation should not include the name of an associate who is not a shareholder, because Governing Bar Rule III, Section 2(A) limited the cor…
When a former county public defender becomes county prosecutor, can the office still prosecute cases that were pending in the public defender's office, by assigning them to a special prosecutor?
The Board concluded that a former public defender who became county prosecutor could appoint one of his assistants as special prosecutor to handle cases that had been pending before the public defende…
Can an Ohio lawyer offer clients a videotape of the reading and signing of their will?
The Board concluded that nothing in the former Ohio Code of Professional Responsibility prohibited a lawyer from offering clients a videotape of the reading and signing of a will, but the clients shou…
Could a prosecutor appear before a part-time municipal court judge who employed one of the prosecutor's assistants as an associate in the judge's private law firm?
The Board concluded that nothing in the Code specifically barred a prosecutor from appearing before a part-time judge who employed the prosecutor's assistant, but that the prosecutor should not appear…
Could a lawyer provide a free consultation to surviving family members as part of a funeral director's package, with the funeral director referring the family to the lawyer?
The Board concluded that a lawyer could not provide a free consultation as part of a funeral package, because former DR 2-103(C) barred requesting an organization to recommend the lawyer's services an…
When a landlord's lawyer refiles an eviction, must the lawyer notify the lawyer who had represented the tenant in an earlier eviction that was dismissed two months before?
The Board concluded that a lawyer who refiles an eviction is not ethically obligated to contact the lawyer who had represented the tenant in a similar action dismissed two months earlier; the landlord…
Could a lawyer serve as a Court of Claims Commissioner in the Victims of Crime Reparation section while also working as a Special Assistant Attorney General on unrelated matters?
The Board concluded that a lawyer who sat as a Court of Claims Commissioner hearing reparation appeals could also serve as a Special Assistant Attorney General on collection work and matters for the D…
Could a lawyer write to adoption organizations asking them to refer prospective clients, offering discounted fees for adoptions of 'special children'?
The Board concluded that a lawyer could not send letters to adoption groups seeking their referral of clients, because former DR 2-103(C) barred requesting a person or organization to recommend the la…
Could a part-time city, municipal, or county prosecutor represent criminal defendants in private practice, and were the prosecutor's law partners barred too?
The Board concluded that a part-time prosecutor whose duties included representing the State of Ohio in criminal cases could not represent criminal defendants against the State, with only narrow excep…
Can a lawyer take a mortgage on a client's home to secure payment of the legal fee, and what conditions apply?
The opinion concluded that a lawyer may take a mortgage on a client's property to secure a fee, but the transaction is a business transaction under DR 5-104(A), so it requires the client's consent aft…
Can a lawyer sign a contract for the book or movie rights to a client's case while still representing the client?
The opinion concluded that a lawyer may not enter a publication or production rights contract, with the client or a third party, until all aspects of the matter are concluded, and that even afterward …
If I own an apartment in a co-op or condo, can I serve as the building's lawyer, or represent a fellow tenant, the board, or a buyer in matters involving the building?
The opinion concluded that a lawyer-tenant's own property and personal interests may compromise independent judgment, so the lawyer may represent the cooperative, a co-tenant, a buyer, or a tenants' g…
When a public defender represents two unrelated defendants and one tells the lawyer the other confessed, must the lawyer withdraw, is the whole office disqualified, and can the lawyer explain why?
The opinion concluded that the lawyer must withdraw from representing both clients, the entire public defender's office is likewise disqualified from representing either, and the lawyer may not reveal…
Can a lawyer for the opposing party interview former employees of a represented corporation without corporate counsel's permission?
The opinion concluded a lawyer may contact former employees of an adverse corporation, including former control-group members who dealt with the matter, without corporate counsel's consent, because fo…
After a lawyer's firm dissolves and a judgment is vacated, must the lawyer keep representing the client at a new trial, and what are the duties around the contingency fee?
The opinion concluded that whether the lawyer may keep the contingency fee and whether the original retainer requires continued representation are legal questions beyond the committee's jurisdiction, …
Can a lawyer hold embezzled money a client deposited in trust, and must the lawyer turn it over to authorities?
The Committee concluded that a lawyer cannot use the attorney-client privilege to keep the fruits of a client's crime; the funds must be surrendered to an appropriate law enforcement official with ide…
Can a Mississippi lawyer advertise that he is a board-certified trial specialist certified by the National Board of Trial Advocacy?
The opinion concluded a lawyer may not publicly state he is a certified specialist in any field other than patent or admiralty; because Mississippi has no procedure recognizing NBTA trial certificatio…
Can a Mississippi lawyer accept a deed to a divorce client's interest in a jointly-owned marital home as payment of the lawyer's fee?
The opinion concluded the lawyer may not accept a deed conveying the husband-client's interest in the jointly-owned home as a fee, because it would acquire a proprietary interest in the litigation's s…
Can a part-time municipal judge pro tem and members of his law firm represent criminal defendants in the same municipal court where he sometimes presides?
The opinion concluded that a municipal judge pro tem and his firm may not represent defendants in that municipal court, even in cases he did not hear, but may represent defendants in circuit court on …
Can a private attorney who takes legal services program cases, or who sits on the program's board, represent clients with interests adverse to the program's clients?
The opinion concluded that a private attorney associated with a legal services corporation, and the corporation's staff attorneys, may represent opposing parties in wholly unrelated cases on a case-by…
Can a lawyer place title insurance for a client through an agency the lawyer's firm has a financial interest in, and what must the lawyer disclose?
The committee concluded there is no per se bar under DR 5-101(A) to a lawyer obtaining title insurance for a client through a firm-affiliated agency; the controlling factor is the adequacy of the lawy…
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.