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 lawyer moving to withdraw from a case for the client's nonpayment of fees disclose the client's confidences in a supporting affidavit?
The committee concluded a lawyer could reveal confidential information to support a motion to withdraw for nonpayment, but only the minimum needed to establish the ground, and should take steps such…
Can a South Carolina lawyer who is a certified mediator list that certification on the lawyer's letterhead and business cards?
The committee concluded a lawyer who is a certified mediator may state that designation on letterhead and business cards, because the designation is truthful and does not falsely imply…
Can a South Carolina law firm form a wholly attorney-owned subsidiary to market its tax-free exchange legal services and advertise it as a legal affiliate of the firm?
The committee concluded forming an attorney-owned subsidiary to provide legal services is ethically permissible, and both the firm and the subsidiary remain bound by the advertising rules (7.1, 7.2,…
Can a South Carolina lawyer give new residents a discount coupon for legal fees through a Welcome Wagon packet and follow up by letter if they do not respond?
The committee concluded a lawyer may offer a discount coupon for legal services so long as it is not false or misleading, but a follow-up letter to a non-responding recipient has the potential to…
Can a South Carolina lawyer go into a business venture with a client, such as co-owning an LLC to buy and partition heir property?
The committee concluded a lawyer may enter a business transaction with a client only by satisfying Rule 1.8(a)'s requirements (fair, fully disclosed in writing, chance to seek independent counsel,…
Can a South Carolina lawyer collect a fee in a domestic case by suing on a note and foreclosing a mortgage given as security for the fee?
The committee concluded there is no general ethical bar to collecting a fee by suing on a note or foreclosing a mortgage given as security, but a lawyer may not take a security interest in property…
Can a former public defender, now in private practice, take a court appointment in a PCR matter for a defendant the PD office represented while the lawyer worked there?
The committee concluded automatic per se disqualification does not apply if there was sufficient separation of duties, caseload, and employees between the former public defender and the office's…
Can a South Carolina lawyer serving as conservator for a minor also act as the minor's attorney in a personal injury claim, even with court approval?
The committee concluded a lawyer appointed as conservator for a ward may not also act as the ward's attorney, even with court approval, because the dual role undermines the control system in Rules…
If a South Carolina lawyer sends a solicitation letter with a marketing videotape, must the required advertising disclaimers appear on both?
The committee concluded the Rule 7.3(c) requirements apply to both the letter and the videotape in a single marketing package, so the advertising-material label and the other required notices and…
Under Nebraska's former ethics code, could a lawyer appear before a statewide commission while an associated lawyer served as a commissioner and recused?
No. The 1996 opinion found a nonwaivable conflict extending to associated lawyers regardless of the commissioner-lawyer's recusal because the public commission could not consent.
Can a criminal defense lawyer attack a witness's credibility when that witness is the fiance of another client the lawyer currently represents?
The committee concluded the lawyer could not continue both representations: attacking the victim-witness in one case, who was the fiance of her client in the other, created a likely conflict that…
Is Georgia Formal Advisory Opinion 96-2 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 96-2, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the…
Does a legal services referral program create a conflict when it interviews both spouses in a divorce and refers each to a different panel attorney?
The committee concluded there is no conflict when a legal services program interviews a husband and wife separately and refers them to different, unrelated panel attorneys, so long as neither…
Can a South Carolina lawyer set up and serve as trustee of a legal defense fund for a retired judge facing a grand jury investigation?
The committee concluded a lawyer with no attorney-client relationship to the judge and no role in his defense is not barred from establishing and serving as trustee of his legal defense fund; Rule…
Can a South Carolina lawyer hire an independent or freelance paralegal service and bill clients for its work?
The committee concluded a lawyer may employ an independent paralegal assistance service, including independent contractors, as long as the lawyer adequately supervises the work and remains…
Can a South Carolina lawyer share office space and a secretary with a member of another profession?
The committee concluded that sharing offices with another profession does not by itself violate the Rules, but the lawyer must recognize that sharing offices and a secretary creates a potential for…
May a Vermont lawyer reveal information from a free initial consultation if the person later files a false bankruptcy petition?
Opinion 96-11 held that confidential information obtained in the free consultation remained protected even without a retainer. On the stated facts, the lawyer could not disclose it to the bankruptcy…
Could a judge-elect remain on the Arkansas State Parks and Tourism Commission after taking the bench?
The Committee said the judge-elect had to resign from the commission before assuming judicial office because its policy and budget work concerned matters outside the law and justice system.
Can a law firm employ a salaried nonlawyer marketing director to promote the firm and ask others to recommend it?
Yes. The opinion concluded that a firm may employ a salaried marketing director to carry out marketing a lawyer could do directly, because ER 7.1(j)'s bar on paying for recommendations targets…
What did withdrawn Vermont Opinion 96-10 say about unidentified funds in a dormant IOLTA account?
The withdrawn opinion proposed transfer to the Vermont Bar Foundation when the owner of a small dormant IOLTA balance could not be found; the PDF expressly says Opinion 98-09 withdrew it.
Under Nebraska's former ethics code, could a suspended lawyer receive payment for earlier work or work as a paralegal or law clerk?
The 1996 opinion allowed proportionate compensation for work completed before suspension and limited nonlawyer employment, but barred paralegal or law-clerk work in an office where the suspended…
Can a lawyer bring a malpractice suit against an attorney who is her trial co-counsel in the very same case where the alleged malpractice occurred?
The committee concluded the lawyer should not take on the malpractice suit, because suing her own co-counsel over work in the same pending case would create an adversarial relationship that would…
What compensation and referral payments could a lawyer receive after leaving a firm to become a full-time judge?
The Committee allowed payment for work valued before departure, barred payment based on firm work performed afterward and paid referrals, and required recusal from matters involving the former firm…
Must a Vermont divorce lawyer withdraw because the opposing spouse says she made a brief inquiry at the firm's reception desk?
Opinion 96-09 allowed the lawyer to continue the existing divorce representation if the contact gave the firm no material confidences or secrets whose use or disclosure would harm the prospective client.
Can a South Carolina lawyer pay a bail bondsman a fee to keep the lawyer's business cards or brochures in the bondsman's office?
The committee concluded a lawyer may not pay a bail bondsman a fee to place the lawyer's cards or brochures in the bondsman's office, because Rule 7.2(c) bars giving anything of value for…
Could a Vermont law firm put its own stock in an employee stock ownership plan including nonlawyers?
Opinion 96-08 rejected the proposed ESOP because nonlawyer participants would gain an ownership interest and voting rights in the firm, and a lawyer trustee would face conflicting duties. It found…
May a Vermont lawyer speak with a former employee of a represented corporate opponent without its lawyer's consent?
Opinion 96-07 permits contact with an unrepresented former employee of an adverse corporation without corporate counsel's consent, even if the employee formerly managed the relevant contract,…
Can a South Carolina law firm have clients pre-authorize charges to their credit cards for legal fees?
The committee concluded a credit card pre-authorization policy is not prohibited by the Rules, subject to Rule 1.5(b)'s requirement to communicate the basis or rate of the fee and Rule 1.5(a)'s…
What can a lawyer admitted only in another state do at an Arizona firm while awaiting Arizona admission, and how must the firm supervise them?
The opinion concluded that for Arizona's rules a lawyer not yet admitted here is treated as a nonlawyer, so they may do what a supervised nonlawyer can (drafting, research, correspondence, meeting…
May a Vermont lawyer write city officials about matters outside a client's separate lawsuit against the city?
Opinion 96-06 permits letters to city officials about matters outside the separate litigation where the officials are not represented by city counsel in the subject of those letters.
If parents who hired me for their injured child's injury claim tell me to limit the recovery, can I keep representing both?
The opinion concluded the lawyer cannot continue to represent both the parents and the minor child once the parents restrict the child's recovery, because the lawyer must exercise independent…
How does a South Carolina lawyer withdraw when the client stops responding, and can the lawyer recover fees with no signed contingency contract?
The committee concluded the lawyer could withdraw under Rule 1.16 by sending the client written notice with a reasonable deadline; with no signed contingency agreement (required in writing by Rule…
Can a personal-injury lawyer refer clients to a chiropractic clinic the lawyer owns an interest in?
The opinion strongly discouraged it. It concluded that referring an injury client to a clinic the lawyer owns creates substantial conflicts under ER 1.7(b) and a business transaction with the client…
Could a Vermont personal-injury lawyer sign a provider’s medical lien form promising to protect the provider?
Opinion 96-05 rejected the proposed form because the lawyer’s own promise to protect the provider could conflict with later client instructions. It distinguished a client’s direction to pay a…
Can one lawyer represent both a renouncing spouse and a separate claimant against the same estate, and can a lawyer represent an executor who also owes the estate money?
The opinion concluded it may be improper to represent both a renouncing spouse and a claimant against the same estate, depending on the size of the claim, and that consent cannot cure the conflict…
Can a South Carolina lawyer who owns a mortgage brokerage also serve as the closing attorney for borrowers the brokerage brings in?
The committee concluded Rule 7.3 bars a lawyer from forming business relationships through a mortgage brokerage and then soliciting those customers for legal work; a borrower who seeks counsel…
After referring a passenger out for a conflict, can the original firm take a share of the passenger's new fee while still representing the driver?
No, not while it continues to represent the driver. The opinion concluded the firm had a non-waivable conflict because its stake in the passenger's recovery, ultimately borne by the driver through…
Could Vermont Child Support Office contract counsel represent private clients adverse to that office?
Opinion 96-04 allowed that representation only when both the office and private client consented after full disclosure of the possible effect on the lawyer’s independent judgment.
Can lawyers pay to practice under the name of a corporation like 'Real Estate Attorneys, Inc.' owned by a nonlawyer broker?
The opinion concluded that a lawyer's participation in a network of independent lawyers holding themselves out under the name of a nonlawyer-owned corporation violates the Rules in several ways,…
Can a South Carolina lawyer list non-legal credentials like 'Master Mariner' or 'First Class Pilot' on the law firm letterhead?
The committee concluded the proposed letterhead may violate Rules 7.4(b) and 7.5 by improperly implying the lawyer is an expert, specialist, or authority in admiralty law without certification, and…
Must a public defender's office withdraw when a post-conviction client wants to claim ineffective assistance by another lawyer in the same office?
Yes, where the client has a colorable ineffective-assistance claim against a colleague, the office must withdraw because of the imputed conflict, but the timing depends on the facts; a frivolous or…
If my client dies while a personal injury claim is pending, do I have to tell the opposing side and the court?
The opinion concluded a lawyer must make timely disclosure of a client's death in a pending personal injury matter, because silence is a false implied representation that the lawyer still has a…
Can a South Carolina lawyer represent a homeowners association when the lawyer's spouse has a contract to manage that association?
The committee concluded the representation appears proper where no actual conflict yet exists, the lawyer can reasonably believe the representation will not be adversely affected by the marital…
Can West Virginia lawyers practice in a limited liability partnership or limited liability company without violating the malpractice-limitation rule?
Yes. The opinion concluded that Rule 1.8(h) addresses a lawyer's personal liability to a client, not the firm's liability as a whole, so a client need not be independently represented before hiring…
Can a lawyer suing a homeowners' association contact ordinary members who cannot bind the association without the association's lawyer present?
Yes. The opinion concluded that general members who hold no managerial role and cannot bind or speak for the association are not represented parties under ER 4.2, so a lawyer may contact them…
Did payments to Vermont’s Public Defender Special Fund conflict assigned defense counsel?
Opinion 96-02 found no conflict on the stated funding scheme because defender compensation did not depend directly on a defendant’s payment or conviction-related surcharge.
Can a lawyer let a chiropractor offer patients a fee waiver if they hire that lawyer for their injury claim?
The opinion concluded that a lawyer who knows a health care provider is offering patients a fee deferral or waiver conditioned on retaining that lawyer, and acquiesces in it, violates the Rules,…
Could a juvenile judge serve on a board allocating funds for juvenile services?
The Committee concluded that the described planning board service was allowed because the agency, not the judge, selected each juvenile’s service provider; it left room for occasional recusal from…
Can a South Carolina law firm advertise the year it was 'established' based on when its founding partner began practicing law?
The committee concluded a firm may state it was established when its founding partner began practicing, as long as the founding partner's name appears in the firm name and the practice has been a…
Can a lawyer acting as a divorce mediator draft a memorandum of understanding or court pleadings for the mediating parties?
The opinion concluded that ER 2.2 does not apply to a lawyer acting purely as a neutral mediator, and that the lawyer may draft a non-binding memorandum of understanding if full disclosure is made;…
Could counsel who brought an estate’s wrongful death action represent an heir in contested distribution?
Opinion 96-01 said no where another heir contested distribution. Counsel’s work for all heirs in the wrongful death action could yield confidences and create competing interests over the proceeds.
Can a lawyer hand out legal-rights pamphlets with the lawyer's name and number at public seminars and through community advocates?
The opinion concluded a lawyer may distribute printed legal-information materials bearing the lawyer's name at public seminars and through community advocates, so long as the materials name a lawyer…
Can a lawyer charge a contingent fee to collect on a divorce judgment after the divorce is final?
The opinion concluded that a contingent fee agreement in post-judgment dissolution, collection, and bankruptcy proceedings is not improper if it is in writing and reasonable in amount, because…
Can I sue a subsidiary of a corporation I already represent, in an unrelated matter, without my client's consent?
Often yes: a corporate affiliate is not automatically the lawyer's client, and indirect economic impact on the parent is not 'directly adverse' under Rule 1.7(a), though consent is needed where the…
If my client lied on an indigency affidavit to get a public defender, can I tell the court?
Yes, and the lawyer may be required to: under Rule 3.3 the duty of candor to the tribunal can override confidentiality, so if the client will not rectify the fraud on the court, the lawyer may…
Can opposing counsel threaten a disciplinary complaint for leverage, and can a lawyer contact a city's officials directly while the city's attorney represents it?
No to both: threatening an ARDC complaint to gain advantage in an ordinance prosecution violates the spirit of Rule 1.2(e), and a lawyer may not directly contact represented city officials about the…
Can a law firm endorse and deposit a settlement or refund check made out to a client the firm cannot locate, and take its fee?
No. The opinion concluded that, absent a narrowly drawn power of attorney, a firm cannot negotiate a missing client's check or pay itself a fee, and must keep the check safe under Rule 1.15.
Must a lawyer who substantively rewrites a release sent by opposing counsel point out the changes before returning the signed document?
Yes. The opinion concluded a lawyer who materially narrows a release and returns it signed without flagging the changes may violate Rule 4.1 and Rule 8.4(a)(4)'s bar on deceit and misrepresentation.
Can an assistant district attorney work on the campaign to re-elect their boss, the incumbent district attorney?
The opinion reaffirmed N.Y. State 675: an assistant district attorney may not actively participate in the incumbent district attorney's reelection campaign, because partisan political activity is…
Is it unethical for a lawyer to secretly record a conversation when New Mexico courts have approved one-party-consent recording as lawful?
Reconsidering its 1988 opinion, the committee concluded a prosecutor following the statutes may secretly record without acting unethically, and that lawfulness alone does not establish that secret…
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.