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 prosecutor represent someone in a civil matter while investigating possible criminal charges against that same person?
No. The opinion concluded that loyalty under Rule 1.7 bars a lawyer from simultaneously representing a client and acting as the client's adversary, even in unrelated matters; a lawyer may decline repr…
Can a sitting judge serve on bar association committees and work on improving the law, and what limits apply to lobbying and other activity?
The opinion concluded that judges are permitted and encouraged to participate in bar association committee activities devoted to improving the law, the legal system, and the administration of justice,…
If a lawyer is a party in their own divorce, must they disclose client names, case details, and theories in discovery?
No. The opinion concluded that while public-record documents and knowledge must be produced on request, divulging client names, case details, advances, theories, injuries, and evidence would possibly …
Is it a conflict of interest for one assistant attorney general to prosecute a case before a state regulatory board while a second assistant attorney general advises that same board?
The committee concluded there was no conflict because both assistant attorneys general represented the same client, the board, so DR 5-105(C) and (E) did not apply; it strongly suggested precautions t…
Can a part-time assistant Commonwealth's attorney handle personal-injury cases in a jurisdiction where the office also prosecutes crimes, if separate offices and phone lines screen the two roles?
The committee concluded that DR 5-105 and its imputation provision barred the part-time assistant Commonwealth's attorney, and others in the office, from civil matters related to a prosecution the off…
Can a lawyer charge a contingent fee to collect undisputed medical-payments benefits under a liability policy?
The opinion concluded that an elevated contingent fee is unreasonable where there is no real risk of nonpayment, as with undisputed med-pay claims; without genuine uncertainty about recovery at the ti…
Can a North Carolina firm designate as 'of counsel' a lawyer who is licensed in the state but is in the office only a few days a month?
The opinion concluded that nothing in the Rules specifically addresses 'of counsel,' and a firm may use that designation for a North Carolina-licensed lawyer who has a close, continuing in-house assoc…
When a criminal client is charged under an alias hiding a prior record, must defense counsel disclose it, and what happens if the client testifies falsely?
The opinion concluded that before trial counsel has no duty to disclose the client's true name or record and must keep it confidential; at trial counsel may not present perjured testimony or defraud t…
Can a lawyer put 'Juris Doctor' on letterhead and business cards, and can it be used in advertising?
The opinion concluded that a lawyer may use 'Juris Doctor' on letterhead and business cards because it is neither false nor misleading there, but its use in advertising could be misleading and must be…
Is it unethical for a lawyer to have a sexual relationship with a client while representing that client?
The opinion concluded a sexual relationship with a current client is improper in a range of circumstances, including where the lawyer initiates it in a way that deprives the client of free choice, tra…
I want to set up a neutral arbitration and mediation practice and advertise that my practice is 'limited to' that work. Is that brochure language proper, and can I identify myself as an attorney?
Yes, at the time of the opinion. The panel found no violation of the Code of Professional Responsibility in limiting a practice to neutral dispute resolution, and approved identifying oneself as an at…
Can a lawyer employed by a county Department of Social Services bid to buy real property the department is selling at public sale?
The opinion concluded that the lawyer may not bid, because the lawyer and the public-body client have differing interests in the sale, the public body cannot consent to the conflict, and the lawyer ha…
Can a lawyer reimburse a witness for expenses, and pay a fact witness for time spent being interviewed?
The opinion concluded a lawyer may reimburse a witness's reasonable expenses and pay reasonable compensation for lost time, including time spent in an interview, but never as a way to influence testim…
Can a part-time county public defender represent a private client in a civil suit against the same county?
The opinion concluded a part-time public defender may sue the county for a private client only with the client's consent after full disclosure of the public-defender relationship, because the lawyer h…
If a contingent-fee lawyer is disbarred mid-case, can he recover for work already done, and must the successor lawyer share the fee with him?
The opinion concluded the disbarred lawyer may recover in quantum meruit for the reasonable value of work done before disbarment, but the successor lawyer has no obligation to divide the contingent fe…
Can a lawyer charge a fee to a doctor or health-care provider who is paid out of the client's settlement, when the provider never agreed to it?
No. The opinion concluded a lawyer may not automatically charge an additional fee to a physician or health-care provider for forwarding payment out of a client's settlement when the provider was not o…
What are a lawyer's duties when a health care provider asks the lawyer to sign a lien against the client's injury settlement?
The opinion concluded that the client decides whether to sign a provider's lien form after the lawyer explains its consequences; the lawyer may not sign the form in a way that misleads the provider un…
Can a lawyer informally interview the opposing side's designated expert witness without notifying opposing counsel?
The opinion concluded (by a 14-8 vote) that a lawyer may not ethically conduct an ex parte interview with an opposing party's testifying expert who falls within Rule 26(b)(4), because that rule provid…
How much can a lawyer pay a fact (nonexpert) witness for testifying?
The opinion concluded that SCR 20:3.4(b) prohibits offering a witness an inducement that is prohibited by law, and that while it is permissible to pay reasonable amounts for a witness's lost wages, tr…
Can a lawyer who gets clients through a bar association's lawyer referral service pay the service a percentage of the fees earned from those clients?
The opinion concluded that under SCR 20:7.2(b) lawyers registered with a bar association's lawyer referral service may contribute a percentage of collected fees toward operating the service, but only …
Can a lawyer (or the lawyer's firm) handle divorce cases when the lawyer's spouse is the county's only social worker doing the custody and abuse studies in those cases?
The opinion concluded that the Rules of Professional Conduct do not prohibit a lawyer from representing a party or guardian ad litem in a divorce where the lawyer's spouse is the sole county social wo…
If a lawyer will probably have to testify from personal knowledge for the client, must the lawyer and the firm withdraw from the case?
The opinion concluded that, unlike the pre-1988 rules, SCR 20:3.7 does not automatically disqualify a lawyer's firm when the lawyer testifies for the client on a contested issue. SCR 20:3.7(b) lets ot…
Under the trust-account rule, can a lawyer count service costs when deciding whether to open a separate account for briefly held funds, what client 'property' must be safeguarded, and who must be notified?
The opinion concluded, on four questions under SCR 20:1.15, that a lawyer may consider the cost of the lawyer's and staff's services in deciding whether briefly held funds would yield the client a pos…
In a private adoption, can a lawyer advertise for birth mothers, broker the match between birth and adoptive parents, and represent only the adoptive parents?
The opinion concluded that whether a lawyer may solicit or advertise for birth mothers the lawyer will not represent first depends on whether that conduct is legal under Wisconsin law, and if legal, t…
Can a lawyer running for judge keep their membership and offices in a political party during the campaign?
The opinion concluded no. The committee read SCR 20:8.2(b), which requires lawyers who are candidates for judicial office to comply with the applicable provisions of the code of judicial conduct, toge…
When a lawyer leaves an office-sharing practice to become an assistant city attorney, can he appear before a relative who is a municipal judge, prosecute his old firm's former clients, or face his relatives as defense counsel?
The opinion concluded that the new assistant city attorney may not appear before his office-mate relative sitting as municipal judge, because SCR 60.03 would require the judge to recuse and SCR 20:8.4…
A lawyer is defending a small corporation in two lawsuits and is also representing its sole shareholder in his divorce. Can the lawyer keep doing both?
The opinion concluded that the lawyer may continue both representations if the divorcing spouse (the petitioner) is not individually a client in the corporate lawsuits, because then there is no direct…
When must a lawyer break client confidentiality to report that a client is abusing, or failing to protect, the client's child?
The opinion concluded that where the client is the abuser and the lawyer reasonably believes the abuse will continue despite efforts to get the client to stop and seek counseling, the lawyer must repo…
A lawyer for a seller learns just before closing that hazardous waste is buried on the property and the buyer has not been told. Must the lawyer disclose, and can quitting avoid the duty?
The opinion concluded that whether the lawyer must disclose turns on whether nondisclosure would be criminal or fraudulent, a legal question outside the committee's jurisdiction; but if it would be, S…
Can a Wisconsin lawyer who works full-time for an accounting firm list their J.D. and LL.M. degrees on the accounting firm's business card?
The opinion concluded yes, a Wisconsin-licensed lawyer employed full-time by an accounting firm may indicate J.D. and LL.M. degrees on a business card, withdrawing the committee's earlier Formal Opini…
If a lawyer must be disqualified because the lawyer will be a witness, can the lawyer's firm still handle discovery and pretrial work?
The committee concluded that when a lawyer and firm are disqualified under DR 5-102 because the lawyer ought to be a witness and may give testimony prejudicial to the client, the firm should not conti…
Can a lawyer interview a former officer or trustee of the opposing organization without opposing counsel present?
The committee concluded that a lawyer may interview ex parte a former trustee of an opposing trust who witnessed the relevant events, because a former agent is not a 'party' under DR 7-104(A)(1); the …
Can a lawyer who left a firm sue the firm's former client when she never worked on that client's matter and holds no confidences?
The committee concluded that a lawyer who leaves a firm is not automatically barred from suing that firm's former client; she may take the matter if she holds no relevant confidences or secrets and th…
Can a law firm offer a union's members discounted legal fees and answer questions at the union hall without violating the anti-solicitation rules?
The committee concluded that discounting fees to union members is protected cooperation with a 'qualified legal assistance organization' under DR 2-103(E), not an improper payment to solicit business,…
My client's collision insurer paid for car repairs but never contacted me about reimbursement or subrogation. Now I've received the settlement. Do I owe the insurer anything before I release the funds to my client?
No. The panel held that the attorney has no duty to a collision insurance carrier regarding disbursement of settlement funds where the carrier never contacted the attorney for reimbursement or asserte…
When can a lawyer who used to represent a government agency later appear against it, and is the lawyer's new firm disqualified too?
The committee concluded that a former government lawyer may appear against his old agency in any matter in which he had no substantial responsibility while in government and where he misuses no agency…
Can I represent my personal injury client's medical insurer on its subrogation claim at the same time I'm representing the client on the underlying injury claim?
Yes, if both consent in advance. The panel held that representing both the medical insurance carrier's subrogation claim and the client's direct personal injury claim is permissible under DR 5-105(C) …
Can a firm represent a town's school board while also defending criminal clients in cases brought by the town's police?
The committee concluded that a firm may represent an independently elected school board while defending criminal clients whose complainants are town police, because the school board and police are sep…
Can a West Virginia lawyer make settling a civil case conditional on the other side withdrawing its bar disciplinary complaint?
No. LEI 88-03 concluded that a lawyer who requests or agrees to have an ethics complaint dropped in exchange for settling related litigation may have committed a separate ethical violation, and the di…
Can a West Virginia child support advocate (and the advocate's law partners) take private domestic relations cases on the side?
LEI 88-02 concluded that a Child Advocate may not represent private clients in any domestic relations matter anywhere in the state; the advocate's partners and associates are barred only in the advoca…
I elected not to put client funds in an interest-bearing account. Do I have to renew that election every year, or does one notice to the court cover me going forward?
One notice is enough. The panel held that once a lawyer elects under DR 9-102(F) not to deposit client funds in an interest-bearing account, that election remains good until the lawyer files notice of…
Can a plaintiff's lawyer interview a corporate defendant's current employees about the events in the lawsuit without the corporation's lawyer's consent?
The Committee concluded the lawyer may not contact a corporate defendant's employee without opposing counsel's consent if the employee is an officer or managing employee, or if the employee's own act …
Can a law firm hire a public relations agency for a monthly fee to publicize its high-profile cases and offer its lawyers as media sources?
The Committee concluded that, in the narrow context described, hiring a public relations agency is not inherently deceptive or misleading and is permitted. The lawyer remains responsible for the agenc…
Can a law firm require a departing associate (or the associate's new firm) to pay it a percentage of fees later earned from former clients, and treat its clients as firm property?
The Committee concluded both are improper. An employment or partnership agreement requiring a departing lawyer to pay the former firm a percentage of fees later earned from former clients is a disguis…
Can a lawyer participate in or recommend that a client sign a contingent-fee contract with a medical-legal consulting firm that supplies expert witnesses?
The Committee concluded that an attorney who aids, assists, or permits a client to enter a contingent-fee contract with a medical-legal consulting firm that provides expert testimony violates DR 7-109…
Can a lawyer turn a client's bounced check for fees over to the district attorney, and warn the client by letter that the check will be prosecuted unless it is paid?
The Committee concluded that turning a client's dishonored check over to the district attorney is not unethical, because the lawyer is the victim of the crime, and a warning letter is permissible only…
Can a lawyer display a placard in an auto body repair shop alerting the public to the availability of legal assistance?
The Committee concluded that displaying a placard alerting the public to the availability of legal assistance in an auto body repair shop is a permissible form of professional advertising, so long as …
Does a lawyer's fiduciary duty over a client trust account extend to co-counsel and other third parties whose funds are in the account, and may the account be maintained out of state or controlled by non-lawyers?
The committee concluded that an attorney's fiduciary obligation extends to all third-party assets in the attorney's possession, not only client funds; that the trust account normally must be maintaine…
Must a lawyer disclose a client's financial fraud when the lawyer himself was used to give a third party a false assurance the client never intended to honor?
The opinion concluded that although disclosure of a client's crime causing only financial harm is ordinarily optional, disclosure became mandatory here because the lawyer had communicated with the thi…
When a lawyer learns another lawyer may have committed serious misconduct, such as offering to pay witnesses to slant testimony, what level of knowledge triggers the mandatory duty to report it?
The opinion concluded that offering money to influence testimony is a serious violation that must be reported, and that the mandatory duty to report under Rule 16-803 is triggered when the lawyer has …
May a lawyer refer collection of unpaid fees against clients to a credit bureau or a commercial collection agency?
The opinion concluded it is improper to report a client's unpaid account to a credit bureau solely to impede the client's credit, but a lawyer may generally use a contingent-fee commercial collection …
May a lawyer secretly tape-record interviews with potential witnesses, and interview them without disclosing that it is to gather facts for a possible lawsuit?
A divided committee concluded that secretly recording a witness interview is an implicit misrepresentation and unethical, and that if witnesses are unlikely to realize they are being interviewed by a …
May a lawyer who drafted a husband's antenuptial agreement twelve years ago now represent the wife in a divorce, where the agreement's property is still in existence?
The opinion concluded the lawyer may not represent the wife unless the husband consents after consultation, because the divorce's division of property is substantially related to drafting the antenupt…
May a lawyer charge a contingent fee in a domestic relations matter to collect child support arrears or to win a divided share of an ex-spouse's retirement after the divorce is final?
The opinion concluded the rule barring contingent fees keyed to securing a divorce or to alimony, support, or property settlement does not bar a contingent fee in post-decree proceedings to enforce a …
May a lawyer join a for-profit marketing franchise, paying royalties on gross revenues and advertising under the franchisor's trademarks like "Personal Injury Network"?
The opinion concluded a lawyer may pay royalties that reflect the reasonable cost of advertising and may use the franchisor's trademarks, provided there are no referrals, the arrangement does not comp…
May a plaintiff's lawyer contact the state Risk Management Division directly to discuss or negotiate settlement when private defense counsel has been retained, without that counsel's consent?
The opinion concluded it is improper for plaintiff's counsel to initiate direct communication with the Risk Management Division without defense counsel's consent, treating the Division like a private …
May a California attorney telephone-solicit a personal injury victim about a specific claim, or solicit by targeted mail, and can the client later waive 'improper solicitation' in the retainer?
Per California Formal Opinion 1988-105, telephone solicitation of a specific person about a specific case for pecuniary gain is improper; targeted-mail solicitation is permitted if the communication i…
Under former California Rule 2-109, may a lawyer offer or accept a settlement provision that bars plaintiff's counsel from later representing anyone in litigation or arbitration against the settling defendant?
Per California Formal Opinion 1988-104, no. Both the offering and the accepting lawyer violate former Rule 2-109, which prohibits a member from being party to any agreement, whether or not in connecti…
Under former California rules, may a law firm delegate Workers' Compensation Appeals Board appearances, petitions, and motions to a paralegal employee with the client's informed consent and proper disclosure?
Per California Formal Opinion 1988-103, yes, provided the paralegal is adequately supervised, the client has been informed of the consequences of representation by a non-lawyer and has consented, and …
What does a California lawyer do when the client demands the entire personal-injury settlement be paid to the client, but the lawyer and client previously acknowledged a health care provider's lien on the funds?
Per California Formal Opinion 1988-101, the committee identified interpleader as the safest course. As an alternative, the committee opined the lawyer may contact both parties stating the existence an…
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.