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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How do a public interest firm and its contract lawyer identify and address shared client conflicts?
The committee said both the public interest firm and contract lawyer needed reasonable conflict-identification procedures. It treated the contractor’s associated lawyers as a firm under Rule 1.10 on…
May one firm represent a creditor and a wife in separate cases against her husband?
The committee said the firm must decline the wife’s matters if the dual representation would adversely affect either client. If the lawyers reasonably believed it would not, Rule 1.7(c) required…
Can a lawyer contact the opposing party directly about one part of a case when that party's lawyer was appointed only for a different part?
The opinion concluded that where opposing counsel's representation is limited to one aspect of a litigation, Rule 4.2(a) still bars direct contact with that party about a related aspect that shares…
Does a lawyer representing the seller of property have to tell the buyer that a deed of trust on the property contains a due-on-sale clause?
The opinion concluded that a seller's attorney has no ethical duty to advise the buyer of a due-on-sale clause unless the attorney has expressly or impliedly represented that the property is not…
Can a law firm bill its client for a contract or temporary attorney's work at a rate higher than what the firm pays the contract attorney?
The opinion concluded a law firm may charge clients for contract legal services at a rate above the firm's actual cost, adding overhead and profit, so long as the total charge to the client is…
I represented a client who sold land to a real estate trust years ago and has been paid in full with no pending matters. The same investor group owns a second, unrelated trust. Can I buy an interest in either trust under Rule 1.8?
Yes. The panel held that because the attorney would not be entering into a business relationship with a client or a relationship adverse to a client, Rule 1.8's prohibited-transactions rule does not…
Can a criminal defense lawyer discuss settling a crime victim's civil claim while also asking the victim to cooperate on a plea or dismissal of the criminal charges?
Yes, but only if the lawyers do not tie the civil settlement to the content of the victim's testimony or the outcome of the criminal case. The opinion concluded that paying or offering compensation…
What must a North Carolina lawyer do when a client disappears and cannot be located before the statute of limitations runs, and can the lawyer file suit to protect the claim?
After reasonable efforts to locate the client fail, the disappearance is a constructive discharge, so the lawyer must withdraw. The opinion concluded the lawyer may not file a complaint for the…
How long must a North Carolina lawyer keep closed client files, and how can they be destroyed?
A closed file must be kept at least six years after the representation ends unless the client consents to earlier destruction, and any destruction must preserve client confidentiality. The opinion…
A government agency I'm dealing with on a personal matter wants my accounts-receivable list, including client names, to assess my finances and target property for a lien. Can I hand it over?
The panel concluded that a client's identity is confidential information protected by Rule 1.6, so the lawyer may not provide the government agency with an accounts-receivable list containing client…
A staff attorney at my agency gave a friend free advice in a custody case. The agency now represents the friend's opponent. Can another staff attorney represent the friend?
The panel concluded that no member of the agency's staff may undertake the representation, because the informal advice created an attorney-client relationship, making the friend a client whose…
Can a lawyer keep the records the bar requires (bank statements, escrow records, bills) as scanned computer images instead of paper?
The opinion concluded that records the Code lets a lawyer keep as 'copies' may be stored as reliable computer images, and records created electronically may stay electronic, but items the Code names…
Can a lawyer pay a potential class member who investigates the case, and can that payment be a percentage of the court-awarded fee?
The opinion concluded that a lawyer may pay a potential class member from the lawyer's own funds for investigation only if the client stays ultimately liable to repay it, and may pay a reasonable…
Can a lawyer join a private divorce-mediation referral service that advertises and routes callers to mediators by location?
The opinion concluded that a lawyer may not participate in a divorce-mediation referral service that no bar association operates, sponsors, or approves, because lawyer-provided mediation is the…
When may a Wisconsin law firm use temporary or contract attorneys, and what conflict and confidentiality rules apply?
The opinion adopted ABA Formal Opinion 88-356, concluding that a firm may use temporary or contract lawyers if the firm and the lawyer guard against conflicts of interest, maintain confidentiality,…
Does a prosecutor violate the no-contact rule when caseworkers from another county agency contact represented parents in a CHIPS case?
The opinion concluded that the prosecutor does not violate SCR 20:4.2 when county child-welfare workers contact represented parents while carrying out their statutory CHIPS investigation duties,…
What must a lawyer do when a client cannot be located and the lawyer has lost all contact?
The opinion concluded that because the duties of communication, consultation, and following a client's instructions depend on knowing the client's whereabouts, a lawyer who has lost contact must…
Can a Wisconsin attorney post bail for an arrested person, and does it matter whose money is used?
The opinion concluded that an attorney may post bail using funds that are not the attorney's own, including issuing a trust check from a client's own funds, without ethical violation. But a…
When did the opinion require advertising disclaimers for a general legal newsletter mailed to clients and prospects?
The opinion treats the newsletter as advertising. It calls for a contingent-fee disclaimer if the firm indicates it accepts such cases and an ADVERTISING disclaimer where mailings reach individually…
May a claimant’s lawyer interview business employees when no lawyer for the business is known?
The opinion permits interviews if the lawyer neither knows nor has reason to know that counsel represents the business, while directing close attention to Rule 4-4.3 and its comments.
May a claimant’s lawyer send adjuster correspondence directly to a driver who has no known lawyer?
The opinion permits direct communication, including an adjuster-letter copy with or without a cover letter, if the claimant’s lawyer neither knows nor has reason to believe that a specific lawyer…
Do the ethics rules bar a plaintiff’s lawyer from interviewing the defense’s designated expert outside counsel’s presence?
The opinion says the ethics rules do not bar the ex parte contact if it complies with discovery rules. It declines to decide whether discovery law permits that contact.
May a lawyer represent a wife in post-divorce matters after a detailed consultation with the husband?
The opinion bars substantially related matters under Rule 4-1.9(a) and matters where information from the husband could harm him under Rule 4-1.9(b). It says collection of divorce judgments likely…
Does Missouri’s in-person and telephone solicitation rule treat prospective business clients differently?
The opinion says Rule 4-7.3(b) makes no distinction between business and individual prospects. In-person or telephone contact is barred unless an enumerated exception applies.
May an out-of-state lawyer in a Missouri firm state licensed jurisdictions and pending Missouri admission on a business card?
The opinion permits the described card and confirms limits on signing client advice and research work. It says a Missouri resident cannot practice as a visiting attorney under Rule 9.03 while…
May a lawyer defend a former client charged with a crime against another former client?
The opinion permits representing H only if former client and victim W consents after the lawyer’s full disclosure. It bars the lawyer from representing or advising W on the matter even with a waiver.
Which criminal defense matters may a former assistant prosecutor or the lawyer’s new firm handle?
The opinion bars the lawyer from matters arising from charges filed during the prosecutor tenure when the lawyer or a supervisee was involved. It allows firm colleagues to handle them with Rule…
May a lawyer represent an insurer in an unrelated case while pursuing a negligence claim against its insured?
The opinion finds a Rule 4-1.7(a) conflict in simultaneous representation of the insurer and negligence claimant, but says both clients can consent after full disclosure.
May a lawyer continue representing a litigation client when another client’s information could impeach company witnesses?
The opinion finds a conflict that prevents continuing the litigation representation unless the company client consents after full disclosure.
May a lawyer send a statutory right-to-cure notice directly to represented debtors?
The opinion says to ask the debtors’ lawyer to accept the notice first. If that lawyer refuses, direct notice to the debtors does not violate Rule 4-4.2.
May a firm produce confidential trust-account checks when ordered in a member’s bankruptcy case?
The opinion treats the checks as confidential under Rule 4-1.6. After fully raising confidentiality, the firm may comply with a court order without violating the rules and should seek a limited,…
May counsel for a former store manager contact another former manager directly in a wage suit?
The opinion allows direct contact if the former manager had no involvement in decisions affecting the client. Otherwise it requires contact through company counsel or that counsel’s consent; the…
When does a legal-services brochure become solicitation under the opinion?
The opinion classifies the brochure as advertising under Rule 4-7.2 and says it becomes solicitation under Rule 4-7.3 when directed to an individual prospect or someone in a situation similar to the…
What must successor counsel tell a client after concluding the prior firm may have committed malpractice?
The opinion finds no mandatory disciplinary report for simple malpractice, but Rule 4-1.4 requires telling the client about information suggesting possible malpractice. It bars informing the prior…
May a lawyer represent a new client whose case attacks a former client serving as an adverse witness?
The opinion permits the representation under Rule 4-1.9(b) unless the lawyer acquired information from the former client that could be used against that client. It calls for limited disclosure of…
May a lawyer serving as a quasi-judicial officer use that role to recruit business customers or associates?
The opinion says using the quasi-judicial position to form business relationships with people likely to appear before the lawyer would violate Rule 4-8.4(d), including when the benefit comes indirectly.
May a law firm hire a disbarred lawyer to work as a paralegal?
The opinion permits the work on the same basis as for other nonlawyers, with licensed-lawyer supervision, no misleading presentation of the worker’s status, and no legal advice by the worker.
May counsel for a juvenile officer in one county assist a case against the juvenile officer of another county?
The opinion says no; it identifies a Rule 4-1.7 conflict in the proposed assistance.
May a lawyer use a contingent fee to collect accrued overdue child support under a final judgment?
The opinion answers yes to the stated collection of accrued overdue child-support payments under a final judgment.
May an engagement contract set a file-destruction date while giving the client a choice to take the file?
The opinion permits that clause if it is adequately communicated at the start, and says the lawyer should remind the client of the storage terms when the file closes.
Which of a prosecutor’s four described bank accounts did the opinion say should be IOLTA?
The opinion says office-expense and fee accounts 1, 3, and 4 appear not to need IOLTA status. It says account 2, holding restitution, bad-check funds, and taxes, should be IOLTA unless a statute…
May a lawyer share offices and secretarial staff with a CPA firm?
The opinion permits the arrangement if public presentation clearly separates the practices, client files are secured as well as segregated, and adequate measures protect confidentiality when staff…
May a lawyer join a paid referral program that compensates participants with service credits?
The opinion says participation would violate Rule 7.2(c) unless the program registers as a qualified referral service under Rule 4-10.1. It declines to decide whether the credit system also violates…
Does sending a legal newsletter to former clients, friends, or relatives remove advertising and solicitation disclaimer requirements?
The opinion treats the newsletter as advertising and says those recipient relationships do not change the analysis. It calls for a contingent-fee disclaimer when indicated and an ADVERTISING…
May a lawyer represent a husband in divorce after handling only speeding violations for the wife?
On the stated limited contact and absence of information about the marriage, the opinion says representing the husband would not violate Rule 4-1.9(b).
May a lawyer give an informational industry seminar with the firm name in course and promotional materials?
On the general facts supplied, the opinion finds no rule violation, but classifies seminar materials bearing the firm’s name and address as advertising subject to Rules 4-7.1 through 4-7.5 and any…
May a lawyer give a collection agency former-client information needed to collect unpaid fees?
The opinion permits disclosure of client identity and representation information to the agency under Rule 4-1.6, limited to the minimum necessary for the collection effort.
How did the opinion direct a lawyer to hold proceeds for a dissolved corporate client with no located successor?
The opinion requires holding the client share in trust while seeking a claimant, in a separate interest-bearing non-IOLTA account for the expected long period. It permits disbursing a clearly earned…
May a legal-services program funded partly by the state represent clients against the state?
The opinion permits adverse representation despite state funding, with disclosure of that funding to the client and a waiver for the client’s claim against the state.
May a departing lawyer pay a former firm fifty percent of a contingent fee after clients follow the lawyer?
The opinion permits the agreed percentage under Rule 4-1.5(e) if the former firm retains joint responsibility and the informed client agrees in writing. Otherwise, the share is limited to services…
May a personal-injury lawyer interview an apparently unrepresented liable person or company employee?
The opinion allows contact if the lawyer neither knows nor has reason to know the person is represented, subject to Rule 4-4.3. It cautions that company representation may cover an employee; the…
May one firm lawyer try a case in which another firm lawyer will testify?
The opinion says the trial advocate does not violate Rule 4-3.7 merely because a firm colleague testifies. The witness lawyer may work on pretrial matters only when they do not concern that lawyer’s…
May defense counsel contact a plaintiff’s retained expert whom the plaintiff has not designated for trial?
The opinion finds no ethics-rule bar if discovery rules permit contact. For an unrepresented expert it requires Rule 4-4.3 compliance; for a represented expert, Rule 4-4.2 requires contact through counsel.
May a plaintiff’s lawyer contact a represented defendant directly about insurance limits and possible bad faith?
The opinion says Rule 4-4.2 bars direct contact with the represented defendant; the concern may be communicated through defense counsel, informally or in discovery.
What did the opinion require when an estate client knowingly omitted a possible heir from a court filing?
The opinion says the lawyer should urge full disclosure and explain the consequences. If the client refuses, Rule 4-3.3 requires action to correct the court information and withdrawal.
May a lawyer represent the lawyer’s spouse in a motion to modify an earlier divorce decree?
The opinion answers yes on the stated facts: the lawyer’s interests are not adverse to the spouse’s, and the lawyer will not be a witness.
May a lawyer leave service flyers on parked cars and residential doorknobs without speaking to anyone?
The opinion permits the described flyer distribution without personal contact. It says the lawyer and distributors must avoid conversations about the services because those would be prohibited…
May a Missouri lawyer share a fee with an out-of-state lawyer who merely referred a workers compensation case?
The opinion treats the proposed payment as a referral fee rather than work-based or joint-responsibility division under Rule 4-1.5(e). It says Rule 4-7.2(c) bars it unless the referring entity is a…
What did the opinion require a prosecutor to do when police might interview an inmate on represented matters?
The opinion calls for best efforts to prevent police interviews on matters where the person is represented, including placing notice in the inmate file if needed. It does not require stopping…
What conflicts arise when a public defender’s former client becomes a state witness against a current client?
The opinion identifies conflicts when nonpublic former-client information could harm the witness or would need disclosure. It says the office should withdraw unless the former client waives, and the…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Weight varies by state: Most bar opinions are advisory, not binding like court discipline decisions, though formal opinions carry substantial weight. Some states go further: Georgia and Virginia opinions approved by the state supreme court bind lawyers there, New Jersey's bind the ethics committees that decide grievances, Rhode Island and Alabama protect the lawyer who asked for an opinion and followed it, and Utah and North Dakota protect lawyers who rely on one. Each opinion page says how much weight its opinion carries.
- 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.