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 law firm put a title like 'international trade consultant' on a nonlawyer employee's business cards and letterhead?
The committee was of the opinion that using such a title for a nonlawyer would not be improper so long as the nonlawyer does not engage in the unauthorized practice of law (which would make the firm v…
Can a lawyer accept client referrals from a person who solicits charitable gifts for a religious organization?
The committee was of the opinion that, on the facts presented, accepting such referrals would not violate RPC 7.3 where the potential clients contact the lawyer themselves and the relationship and fee…
Can a lawyer advertise as a 'personal injury expert'?
The committee was of the opinion that the Rules of Professional Conduct do not expressly prohibit the term 'expert' and that its use is not per se improper; the only question is whether using the term…
Does a lawyer have to keep client files forever, and when may old files be destroyed?
The committee was of the opinion that a lawyer has no obligation to preserve client files forever, but before destroying a file the lawyer must determine whether anything in it could have a reasonably…
Can a lawyer work as a salaried business consultant for a corporation and give legal advice to the corporation's clients, who are billed by the corporation?
The committee was of the opinion that if what the lawyer did constituted the practice of law, the arrangement would be prohibited by RPC 5.4(a) as sharing legal fees with nonlawyers; it could not deci…
Can a law firm include in its firm name the name of a lawyer who is not a partner of the firm?
No. The committee was of the opinion that RPC 7.5(d) prohibits including a non-partner lawyer's name in the firm name, because it implies that those lawyers practice in a partnership when that is not …
Does a contingent-fee ad promising no fee if nothing is recovered, but not mentioning the client's liability for costs, violate the advertising rules?
Yes. The committee was of the opinion that such an ad is false and misleading under RPC 7.1 because it omits a fact, the client's obligation to pay litigation costs regardless of outcome, that is nece…
Can a lawyer advance funds to a client in anticipation of a not-yet-approved industrial insurance (L&I) claim?
No. The committee was of the opinion that advancing funds on an unapproved L&I claim is not authorized by RPC 1.8(e) and may also be a business transaction failing RPC 1.8(a); but once the claim is ap…
Must a legal agency give a former lawyer the names of clients that lawyer or others handled there, so the lawyer can check for conflicts?
Not as a blanket matter. The committee was of the opinion that nothing in the rules required the agency to respond to the former lawyer's requests, but, by an 8-4 vote, that failing to disclose facts …
Can a Washington-admitted lawyer practice in a multi-state firm that employs a lawyer disbarred in another state, where that state allows it?
No. The committee was of the opinion that, under Formal Opinion 171 and the Washington Rules for Lawyer Discipline, a lawyer admitted in Washington may not employ a disbarred lawyer in any capacity, s…
Can a lawyer enter a proposed contractual relationship with others for handling real estate closings?
The committee was of the opinion that the proposed contractual relationship for real estate closings was permitted. The published opinion is a brief, one-line holding indexed under the rules on nonlaw…
Can a lawyer assert a possessory lien on a discharged client's file for unpaid hourly fees?
On these facts, yes. The committee was of the opinion that Formal Opinion 181 set out the guiding principles and that, where the client could pay and did not dispute the bill, it did not appear the la…
Can a law firm use the word 'Courthouse' in its address or the name of its office building?
Yes. The committee concluded that nothing in the Rules of Professional Conduct would prohibit a firm from using the word 'Courthouse' in its address or the name of its office building.
At what point does a lawyer planning to run for judge become subject to the Code of Judicial Conduct's limits on political activity?
The committee was of the opinion that a person must comply with Code of Judicial Conduct Canon 7 once they become a candidate for judicial office, which happens either by declaring themselves a candid…
If a lawyer learns after a settlement that the client negligently gave false interrogatory answers, must the lawyer disclose it?
By a 7-6 vote, the committee was of the opinion that if the client was negligent rather than fraudulent and all proceedings have concluded, the lawyer has no duty to disclose; if proceedings are still…
Can a lawyer divide fees under a contract with another lawyer who is about to be suspended from practice?
The committee was of the opinion that a lawyer who is suspended is still entitled to whatever fee the contract provides, but cautioned that in a contingent fee case the suspended lawyer would be entit…
Can a lawyer keep representing a client against a person who has become the client of another lawyer in the same firm?
Only with consent. The committee was of the opinion that RPC 1.7 and/or 1.9 would bar the firm from continuing to represent the client in the dispute unless each party consented to the representation …
If a trial judge refuses to let a lawyer withdraw on the eve of trial, can the lawyer still withdraw?
No. The committee was of the opinion that the lawyer was obliged to follow the court's order and that nothing in RPC 1.15(c) would permit withdrawal where the trial judge had refused to allow it on th…
Can a lawyer who has a personal claim against an estate also serve as the lawyer for that estate?
The committee was of the opinion that filing a statutory claim against an estate is not itself unethical, and that the real question, governed by RPC 1.7(c), is whether the lawyer may undertake to rep…
Can a lawyer take unpaid fees out of trust funds received for a client whose whereabouts are unknown?
Not without authority. The committee was of the opinion that before disbursing any client funds to himself, the lawyer would need either the client's consent as provided in RPC 1.14 or to assert and e…
Can a lawyer assist a client whose own activities may be the unauthorized practice of law?
The committee could not decide whether the client's conduct was unauthorized practice, calling that a legal question outside its role, but was of the opinion that if the client would be engaging in th…
Which rules of conduct govern a Washington lawyer who appears in a federal district court in another state?
The committee was of the opinion that a Washington lawyer authorized to appear in a federal district court in another state, where that court has adopted the host state's disciplinary rules, should co…
Can a lawyer advance money to a client after a case settles but before the settlement proceeds are received?
Yes, on these facts. The committee was of the opinion that a lawyer could advance funds to a client after a lawsuit settled, where the recovery amount was known and only transmittal of the funds remai…
Must a lawyer who helped run a judge's election campaign disclose that relationship before appearing in front of that judge?
Yes. The committee was of the opinion that a lawyer who was a principal in a judge's campaign committee may practice before that judge only with full disclosure of the campaign relationship to adverse…
Can a lawyer keep representing a client against a union when an associate in the firm does legal work for the local union and the parties have consented?
Yes. The committee was of the opinion that because the parties had been advised of the potential conflict of interest and consented to the lawyer's continued representation, nothing in the Rules of Pr…
Is a lawyer or his new firm disqualified from suing parties his former firm defends, when he did no work on the matters at the old firm?
No, on the facts presented. The committee was of the opinion that neither RPC 1.9 nor RPC 1.10 disqualified the lawyer or his firm from representing plaintiffs against parties his former firm defends,…
Can a lawyer represent a wife in a dissolution when a partner in the firm earlier defended the husband on an unrelated criminal charge?
Yes. Based on the facts presented, the committee agreed with the inquiring lawyer's analysis that RPC 1.9 created no conflict of interest preventing the lawyer from continuing to represent the wife, d…
Can a lawyer authorize a nonlawyer staff member to use a signature stamp to sign the lawyer's trust-account checks?
Not specifically prohibited, but the committee was of the opinion that the practice is very poor and might fall so far below the minimal standard of care as to border on incompetence, given the great …
Can a lawyer share a referred fee with the lawyer who made the referral when that referral may create a conflict of interest for the referring lawyer?
It depends on the matter. The committee was of the opinion that the lawyers could enter a reasonable fee-sharing agreement on the original products-liability case, but that on the related negligence c…
Can a lawyer donate prepaid legal-service certificates to a public radio station to give as premiums to donors?
Yes, with conditions. The committee was of the opinion that nothing in the Rules of Professional Conduct prohibited donating certificates for an hour of prepaid legal services as station premiums, so …
If a firm partner takes a part-time public appointment but stays a partner, can his name remain in the firm name, and can he call himself 'of counsel'?
The committee was of the opinion that a partner who accepts an interstate-council appointment but continues to practice with the firm could keep his name in the firm name, but could not identify himse…
Can a lawyer put 'Ph.D.' on business cards, letterhead, and telephone book advertisements?
Yes, if accurate. The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a lawyer from adding 'Ph.D.' to business cards, letterhead, or telephone book advert…
What must a lawyer do when a client admits, after a deposition, that he testified falsely about income from illegal activity?
The committee was of the opinion that the lawyer must advise the client to authorize the lawyer to tell opposing counsel of the inaccuracy and then assert privilege or object on immateriality grounds;…
Can a lawyer contact real estate brokers and agents to describe his services and ask for closing referrals?
Yes. The committee was of the opinion that RPC 7.3 would not prohibit a lawyer from contacting real estate brokers and agents to advise them of the legal services the lawyer performs and to seek closi…
Can a lawyer be a salaried employee of a nonprofit that bills its members for the lawyer's legal services?
No. The committee was of the opinion that the arrangement violates RPC 5.4: the lawyer was providing legal services to members of the public who pay dues, not serving as house counsel, so the lawyer w…
When an insurer-retained defense lawyer faces a coverage dispute between the insured and the insurer, must the lawyer withdraw?
On the facts presented, the committee was of the opinion that the lawyer must advise both the doctor and the insurer that the lawyer must withdraw and new counsel must be substituted for the doctor, a…
Can a lawyer on a mediation team keep acting as the parties' intermediary after the mediation, when the team operates through a nonlawyer mediation service?
The committee was of the opinion that a lawyer acting as intermediary is practicing law and that RPC 5.4(a) prohibits sharing fees with nonlawyers, so the lawyer could act as an intermediary privately…
Can a lawyer reveal what an impaired client confided in order to have a conservator appointed for the client?
The opinion concluded that when a client's disability is so severe that the lawyer is compelled to act, and disclosure is the only reasonable way to safeguard the client, the lawyer may, as a last res…
Could a municipal court judge serve as a trustee of a retirement plan for the lay employees of a local Catholic Diocese?
The Board concluded that a municipal court judge could serve as a trustee of a retirement plan for the lay employees of a local Catholic Diocese, because former Canon 5B permitted a judge to serve as …
Did an 'acting judge' under Ohio Rev. Code 1901.10(A) have to comply with the Code of Judicial Conduct, and could that person later act as a lawyer in a case heard while serving as acting judge?
The Board concluded that an acting judge had to comply with the Code of Judicial Conduct while serving as judge, except for certain enumerated Canons (5C(2), (3), D, E, F, G, and 6C), and that one who…
Could a lawyer keep a family member's name on the firm letterhead after that person became a judge, when the two had never actually practiced together?
The Board concluded that a lawyer could not keep on the firm letterhead the name of a person who had become a judge and was not actively and regularly practicing law for the firm, citing former DR 2-1…
Under the former Ohio Code of Professional Responsibility, could a lawyer indicate on stationery that he had been certified as a Civil Trial Advocate by the National Board of Trial Advocacy?
The Board concluded that a lawyer could not indicate on letterhead that he was certified as a Civil Trial Advocate by the National Board of Trial Advocacy, because under former DR 2-105(A) and EC 2-13…
Under the former Ohio Code of Professional Responsibility, could a lawyer send a professional announcement card about a new firm association to commercial banks, savings and loans, and realtors with whom the lawyer had no specific prior contacts?
The Board concluded that under former DR 2-102(A)(2) and DR 2-105(A)(5), a lawyer could send a brief professional announcement card stating a new or changed association to banks, savings and loans, an…
Under the former Ohio Code of Professional Responsibility, could a lawyer become a member of the local Better Business Bureau if the BBB referred inquiries and complaints about lawyers to the local bar association?
The Board concluded that a lawyer could join the BBB provided the BBB continued its practice of forwarding inquiries and complaints regarding lawyers to a local bar association, because former DR 2-10…
Under the former Ohio Code of Professional Responsibility, could a lawyer or law firm advertise a legal seminar by direct mail to a targeted group and then conduct the seminar, and could the seminar be sponsored by the firm itself without bar association co-sponsorship?
The Board concluded that under former DR 2-101 and DR 2-104, a lawyer or law firm could promote a legal seminar through direct-mail advertising to targeted groups (such as members of a CPA society) pr…
Can a Georgia lawyer take a security interest in marital property to secure fees in a divorce case?
Yes, with written consent. Georgia FAO 86-7 concluded that a lawyer may acquire a security interest in marital property to secure reasonable attorney's fees in a domestic relations case if the agreeme…
Can a plaintiff's lawyer write directly to an insured defendant about the insurer's duty to settle within policy limits?
No legal advice. Georgia FAO 86-4 concluded that a plaintiff's personal-injury lawyer may not write the insured defendant a letter containing legal advice, such as advice about the insurer's exposure …
Can a county attorney in Georgia represent criminal defendants?
Not categorically. Georgia FAO 86-3 found no per se bar to a county attorney, or the attorney's partners or associates, representing criminal defendants, except where the defendant is charged with vio…
When may a part-time public defender in New York accept a criminal defendant as a private paying client?
The opinion concluded that a part-time public defender may privately represent a defendant who sought the lawyer out for private representation, even if the defendant also explores appointed counsel, …
May a New York judge or judicial candidate make political contributions, and do the same limits bind the judge's family?
The opinion concluded that a candidate may fund their own campaign as the law allows but may not contribute to a party once nominated; a sitting judge may not contribute to any party; and a judge must…
Can a New York judge belong to a bar association that funds a political action committee and gives it free office space, staff, insurance, and use of its dues statement to solicit contributions?
The opinion concluded that a judge may not belong to such a bar association, because the free services are a contribution by the association to a political organization, and that contribution is treat…
Can a New York lawyer prepare surrogate parenting contracts and represent both a surrogate mother and the intermediary who arranges the match?
The opinion concluded that a lawyer may prepare a surrogate parenting contract and provide related non-legal consulting only if the lawyer determines the conduct is not illegal, but may not represent …
Can a New York assistant district attorney rent office space from, or go into business with the spouse of, a defense lawyer who practices in the same county?
The opinion concluded that there is no per se bar; an assistant district attorney may rent non-law office space from an assistant public defender and may employ, or take investment from, the spouse of…
If a clerk notifies a defendant's former criminal lawyer of a probation revocation petition, does the lawyer have an ethical duty to represent the defendant?
No. The opinion concludes that, absent an official court appointment, a lawyer has no duty to represent a former criminal client at a probation revocation proceeding; the original representation ended…
Can a lawyer who is also a police officer represent a defendant in the municipal court of the town where he serves as an officer?
The Committee concluded the representation is proscribed: allowing a police-officer attorney to defend in the municipal court of his own municipality would create the appearance that justice was not b…
Can a lender's attorney do the borrower's title and closing work, billed through the lender, in a mortgage loan?
The Committee answered 'a clear yes,' it is improper: the arrangement was a scheme to avoid N.J.S.A. 46:10A-6, the statute guaranteeing a mortgage borrower the right to choose his own counsel.
Can a lawyer's partner, who as an assistant Commonwealth's attorney prosecuted a man for rape, now help sue that man civilly on behalf of the victim?
The committee concluded it would be improper, because the partner had participated in the criminal prosecution of the same opposing party; a former assistant Commonwealth's attorney may take the victi…
Must a Virginia lawyer report another lawyer's crime when there is no showing that the crime affected that lawyer's ability to practice law?
The committee concluded that knowing of a crime that does not raise a substantial question about the other lawyer's fitness to practice does not trigger the duty to report under DR 1-103(A); moral cul…
Can a law firm employ a disbarred lawyer to do legal research and other work?
The opinion concluded that a lawyer may employ or engage a disbarred lawyer in the same capacity as any nonlawyer assistant. It adopted a bright-line rule (the former lawyer may do anything a nonlawye…
Must a lawyer report another lawyer's failure to file income tax returns to the bar?
The opinion concluded that a lawyer who knows another lawyer failed to file income tax returns must report it to the appropriate professional authority under ER 8.3, because willful failure to file is…
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.