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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May a California attorney communicate with a juror who has been removed from an empaneled jury for misconduct before the rest of the jury is discharged?
Per California Formal Opinion 1988-100, no. The committee opined that under former Rule 7-106(B), a discharged juror remained a 'juror' for purposes of the rule until the entire empaneled jury was dis…
May a lawyer actively seek his statutory attorney's fee at a fee hearing when the client objects because the fee comes out of her recovery?
The opinion concluded the lawyer may actively seek his fee, treating it like any post-representation fee dispute, since the client consented to the statutory fee basis in writing; the conflict and zea…
How should a lawyer handle the destruction of closed client files, and what must be retained?
The opinion concluded a lawyer may destroy closed files only after returning all client property and original documents, indefinitely keeping documents of intrinsic value (such as wills and deeds), re…
May a California attorney give a non-lawyer signatory power over the client trust account?
Per California Formal Opinion 1988-97, yes. The committee opined that former Rule 8-101 did not bar a lawyer from giving a non-lawyer the ministerial job of signing checks drawn on the client trust ac…
When a California lawyer represents a mother as guardian and her minor child and discovers the mother has misappropriated trust funds for the child, may the lawyer disclose the misappropriation to the court?
Per California Formal Opinion 1988-96, no. The committee opined that disclosure of the mother's misappropriation, learned through the representation, would breach the lawyer's duty under Business & Pr…
May a law firm's buy-out agreement pay a withdrawing shareholder a percentage of fees on the firm's cases?
The committee concluded a buy-out may pay a percentage fee tied to the proportion of work the withdrawing shareholder did on each case, but a blanket percentage of every case would violate RPC 1.5(e).
How does Washington interpret CJC 7(B)(2) on judicial campaign solicitations, and does the bar's view match the Judicial Ethics Advisory Committee's?
The committee reviewed CJC 7(B)(2) and Judicial Ethics Advisory Opinion 86-17 and concluded that the bar's advice should be consistent with the Judicial Ethics Advisory Committee's, so it agreed with …
In an ex parte sentencing, must a criminal defense lawyer tell the judge about the prosecutor's sentencing recommendation, and is it improper to take the client to court without responding to the prosecutor first?
The committee concluded that the prosecutor's sentencing recommendation was a relevant fact the defense lawyer had to disclose under RPC 3.3(f), and that taking the client before the judge without get…
If the IRS asks a lawyer for a client's address and telephone number, can the lawyer turn that information over without a court order?
The committee concluded that a client's address and telephone number were a confidence or secret, so under RPC 1.6(b)(2) the lawyer could reveal them to the IRS only pursuant to a court order.
Can a lawyer call his or her own spouse as a witness for the lawyer's client, and does the lawyer have to do anything about the relationship?
The committee concluded that where calling the lawyer's spouse as a witness might impair the lawyer's independent judgment and adversely affect the client's case, the lawyer had to disclose those fact…
Must a lawyer report another lawyer's misconduct when doing so would reveal a client secret and harm a former client?
The committee concluded the duty to report under RPC 8.3 yields where reporting would disclose a client secret protected by RPC 1.6, as it would here; but RPC 1.6(b)(2) would permit disclosure if need…
May a lawyer participate in a group marketing program run by an outside advertising firm?
The committee concluded that a lawyer may participate, so long as the information the marketing service provides is not misleading or deceptive and the participating lawyers are identified by name.
Is a part-time contract lawyer 'associated with' a firm for conflict purposes, so the firm's conflict bars the contract lawyer too?
The committee was of the opinion that a lawyer working part-time on a contract basis with a firm is 'associated with' the firm as that term is used in RPC 1.10(a), so the contract lawyer can represent…
Does a lawyer have to disclose a former client's threats to reveal others' crimes, or report that others may have committed crimes?
The committee was of the opinion that RPC 1.6, which says a lawyer 'may' disclose confidences or secrets to prevent a client's crime, imposes no obligation to do so and no obligation to report crimina…
When a lawyer also serves as a part-time or pro tem judge, can the lawyer issue a search warrant for a firm client, tell the client, or later represent that person?
The committee deferred the judicial-conduct question to the Judicial Ethics Advisory Committee, but was of the opinion that RPC 8.4(d) prohibits the lawyer from telling the client about the warrant si…
Can a firm keep representing a husband in a dissolution when the wife once briefly consulted an associate who has since left the firm?
The committee was of the opinion that, because the firm holds no confidences or secrets of the wife and the associate she consulted is no longer with the firm, there is no violation of RPC 1.10(c)(2) …
Can a firm that is the provider attorney for a group legal benefit plan let independent sales associates use the firm brochure to recruit plan members?
The committee was of the opinion that so long as the information in the brochure complies with RPC 7.1 (not false or misleading), nothing in the rules prohibits the proposed solicitation through an in…
Can a lawyer pay to produce an informational audio tape for a company's pay-per-call phone line, where the company keeps all the caller fees?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from participating, because the lawyer pays only the actual production costs of the tape and nothi…
If a former client wants back documents the lawyer believes are falsified for perjury, does the lawyer have a duty to disclose the intended perjury?
The committee was of the opinion that, because RPC 1.6 says a lawyer 'may' reveal confidences or secrets necessary to prevent a client's crime, the disclosure is permissive, so the lawyer has no duty …
Do the ethics rules require a lawyer to have a private office with walls and a door rather than an open-office layout?
The committee was of the opinion that the Rules of Professional Conduct do not address the architecture of law offices; it could only advise that, under RPC 1.6, a lawyer has a duty not to reveal clie…
Can a lawyer who was consulted by (and declined to represent) a husband in a dissolution later serve as guardian ad litem for the children?
The committee was of the opinion that there was no conflict in serving as guardian ad litem, because the husband, by asking the lawyer to act, waived any conflict, and the wife, told of the arrangemen…
Does a prosecutor violate the ethics rules by filing criminal charges that would breach the defendant's CrR 3.3 speedy-trial right?
By an 8-6 vote, the committee was of the opinion that, on the facts presented, filing a case that would violate a defendant's speedy-trial right under CrR 3.3 (a procedural, not constitutional, right)…
Can a sole practitioner's employed associate use the firm letterhead, or must the associate have separate stationery?
The committee advised that the recent amendment to RPC 7.5 was not intended to prohibit a sole practitioner from hiring associates and letting them use the law firm letterhead; the amendment's purpose…
Can a lawyer who bought out a partnership keep using the partnership name when the former partner is now an employed associate?
The committee was of the opinion that the lawyer could not keep using the partnership name where the lawyer had bought the partnership and the former partner was now an employed associate; but if the …
Can a lawyer agree with a group of clients that the group is responsible for litigation costs, even though only some members will actually pay?
The committee was of the opinion that a lawyer could enter into an agreement with a group of clients for the group to be responsible for the costs of litigation, with the understanding that only certa…
Can a lawyer keep representing clients in one suit when a nominal former client, for whom the lawyer holds no confidences, is adverse to them in an unrelated suit?
The committee was of the opinion that, if the lawyer has no confidences or secrets of the person for whom the lawyer entered a notice of appearance, and assuming the lawyer is permitted to withdraw fr…
Can a group of in-house lawyers use common pleading paper or letterhead listing all their names?
The committee was of the opinion that a group of in-house counsel may use common stationery or pleading paper listing their names if it identifies them as members of the employer's legal department; p…
If a lawyer will be a witness at trial, what tasks can the lawyer still perform in the case under the advocate-witness rule?
The committee was of the opinion that, unless an RPC 3.7 exclusion applies, a lawyer who will be called as a witness must decline or withdraw from the representation; the lawyer may handle purely lega…
Does a lawyer who represents the personal representative of an estate have a conflict of interest with the estate's beneficiaries?
The committee was of the opinion that the lawyer for a personal representative represents the personal representative, not the beneficiaries, so there is no conflict in continuing that representation;…
Can a Washington lawyer solicit clients by mail using a commercial mailing list, and place an offer of services inside another company's mass mailer?
The committee was of the opinion that a lawyer may solicit by mail a prospective client with no family or prior professional relationship, may use a commercial mass mailing list, and may place a descr…
Can a sole practitioner's employed associate use the firm letterhead, or must the associate have separate stationery?
The committee advised that the recent amendment to RPC 7.5 was not intended to prohibit a sole practitioner from hiring associates and letting them use the law firm letterhead; the amendment's purpose…
If a lawyer represents a testamentary trust, must the lawyer disclose to residual heirs that the trustees distributed all of the trust's assets?
The committee was of the opinion that, because an attorney-client relationship exists between the lawyer and the co-trustee wife (under Estate of Larson), disclosure of the distribution to the residua…
If a lawyer runs a legal research and writing business serving only law firms, do the fee-splitting, third-party-payment, and conflict rules apply?
The committee was of the opinion that a lawyer whose only clients are law firms is not subject to the division-of-fees rule (RPC 1.5(e)) or the third-party-compensation rule (RPC 1.8(f)); need not dis…
Can a Washington lawyer use targeted direct mail to solicit clients?
The committee noted that while the inquiry was pending, the U.S. Supreme Court held in Shapero v. Kentucky Bar Association that targeted direct mail is constitutionally protected, and the Washington S…
If volunteer lawyers from different firms take pro bono cases through a legal services office, can they be on opposite sides of cases?
The committee was of the opinion that private-practice lawyers who volunteer pro bono services through a legal services organization are not practicing 'in association' with each other, so the fact th…
Can a lawyer who drafts a client's will be named as the testamentary trustee in that will?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a lawyer from being named as a testamentary trustee in a will the lawyer prepared, and referred the in…
Can a law firm put a lawyer-association's logo on its letterhead?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a firm from displaying a lawyer-association logo on its letterhead, provided that neither its use nor …
Can a lawyer who represents the receiver of an insolvent insurer also be appointed by the receiver to defend the insurer's individual insureds?
The committee was of the opinion that the lawyer has a conflict of interest, because the receiver's duty to maximize assets for all insureds conflicts with each insured's interest in prompt full payme…
Is a client's whereabouts confidential, so a lawyer can't just give it to the FBI looking for the client on an abduction warrant?
The committee was of the opinion that a client's whereabouts falls within the protections of RPC 1.6 for client confidences and secrets, and can be disclosed only as that rule permits.
Can a law firm place an informational brochure with its name on it in a doctor's waiting room?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a firm from preparing an informational brochure on patients' rights and responsibilities after an auto…
Can a lawyer in a financial service center pay the center based on the lawyer's fees, or must the payment be independent of fees?
The committee was of the opinion that arrangements where the lawyer pays the service center based on the fees the lawyer earns are prohibited fee splitting under RPC 5.4(a); arrangements are permissib…
When a lawyer leaves a firm with a contingent-fee client, may the lawyer pay the old firm the fees the client owed it?
The committee was of the opinion that the lawyer's payment of the fees owed to the former firm would resolve the question of sharing fees between the lawyer and the former firm and so would not be pro…
What must a lawyer do after learning the client altered records before producing them to the other side?
The committee was of the opinion that RPC 3.3(a)(2) requires the lawyer to consult the client and seek permission to disclose the alteration; if the client refuses, the lawyer must cease representatio…
Can a lawyer employ a person who resigned from another state's bar under circumstances tantamount to disbarment?
The committee was of the opinion that neither the Rules of Professional Conduct nor Rule 1.1(h) of the Rules for Lawyer Discipline would prohibit employing such a person, but cautioned that the employ…
Can a lawyer advise clients to ask a member of Congress for help getting a response from a government agency?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prevent a lawyer from suggesting that clients contact a U.S. senator or congressman for assistance in trying to…
When the adopting client disappears, what may the lawyer tell the birth father who already consented to the adoption?
The committee was of the opinion that RPC 8.4(c) and (d) require the lawyer to advise the natural father that the adoption proceeding is not going forward, but that the lawyer should disclose no furth…
Can a lawyer who drafted wills for both spouses later represent the husband in a divorce against the wife?
The committee was of the opinion that in drafting the wills the lawyer necessarily obtained confidences and secrets from both spouses, so the lawyer could not now represent the husband adversely to th…
If a client under a mental disability can't understand a favorable plea deal, must the lawyer get a guardian, or can the lawyer accept it?
The committee agreed with a member's memorandum concluding that, because RPC 1.13's authority to seek a guardian is permissive ('may'), the lawyer need not obtain one to accept a no-strings dismissal …
When deposing an adverse party in one case, must a lawyer notify the party's separate counsel in a related second case if the questions overlap?
The committee was of the opinion that where legitimate deposition questions might overlap both cases, the deposing lawyer is required by RPC 4.2 and RPC 8.4(c) and (d) to give notice to the party's la…
Must a lawyer serving as trustee, guardian, or executor hold those funds in a client trust account under the trust-account rule?
The committee was of the opinion that funds and property a lawyer holds purely as a fiduciary (trustee, guardian, or executor), where the beneficiaries or ward are not clients, are not client funds an…
What are an appointed criminal defense lawyer's duties on appeal, on civil matters, on the client's file, and on disclosures in a motion to withdraw?
The committee was of the opinion that an appointed lawyer's duties track the scope of the appointment: no duty to handle the appeal beyond filing and perfecting it, no duty to assist in civil matters …
Can a lawyer who handled a man's divorce later represent his new wife in her divorce from him?
The committee was of the opinion that the new representation was substantially related to the prior dissolution, so the lawyer could undertake it against the former client only by complying with RPC 1…
Can a lawyer take a contingent fee paid from the proceeds of selling material excavated under a permit the lawyer obtained for the client?
The committee was of the opinion that such a contingent fee does not violate RPC 1.8(j) and creates no conflict because the lawyer's interest is only an added incentive to win a good result; but if th…
Can a lawyer give an escrow company payment books printed with the firm's name and contact information for free distribution?
The committee was of the opinion that nothing in the Rules of Professional Conduct, specifically RPC 7.3, would prohibit a lawyer from placing with a client escrow company, for free distribution, paym…
Can a lawyer disclose information to a client's former spouse when the client has directed the lawyer not to disclose it?
The committee was of the opinion that the lawyer could not disclose information the client directed be withheld, unless the lawyer believed the client's conduct would constitute a crime, in which case…
How do you decide whether a prior attorney-client relationship existed so that taking a new matter creates a conflict?
The committee was of the opinion that whether an attorney-client relationship previously existed depends on what a reasonable person in the 'client's' position would have believed; if such a person wo…
Can a lawyer who sits on a public defender organization's board contract to represent clients the office can't take because of conflicts?
The committee was of the opinion that a lawyer may contract to represent clients the public defender office cannot represent due to conflicts, but the board member's participation in the office's deci…
Does a bank arrangement using a firm's line of credit to cover trust-account obligations comply with the trust-account rules?
The committee reviewed a letter agreement under which a firm's general account and line of credit would be used for immediate payment of trust obligations under WSBA Formal Opinion 177, and was of the…
Can a lawyer run ads featuring 'satisfied client' testimonials that are not from the lawyer's actual clients?
The committee was of the opinion that running ads with 'satisfied client' statements that do not feature actual clients would be false and misleading, unless the ad featured a real client who voluntee…
Can a lawyer be paid for legal work by receiving stock in the client corporation?
Asked about a fee agreement compensating the lawyer with stock in the client's corporation, the committee was of the opinion that a published Bar News article (August 1987, by committee member Dale Ra…
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.