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 plaintiff's lawyer interview a named but unserved, unrepresented defendant without disclosing she is a defendant?
The opinion concluded that it is unethical for a plaintiff's lawyer to interview a person who has been named as a defendant but not yet served and is unrepresented, without revealing the adversarial r…
When an assistant Commonwealth's attorney has agreed to join a defense firm, can the firm keep defending cases that the incoming prosecutor is still prosecuting in the meantime?
The committee concluded that DR 5-101(A) required the defense lawyer to disclose the incoming prosecutor's future employment to affected clients and obtain their consent, and suggested the relationshi…
Can court-appointed or pro bono counsel in a death-penalty case advance the cost of an expert witness when the indigent client has no realistic way to repay it?
The committee concluded that it was not improper for a lawyer to advance litigation costs for an indigent client in a death-penalty case where there was no reasonable expectation of repayment, disting…
Can a lawyer hand-deliver an argument letter to the judge but only mail the copy to opposing counsel?
The opinion concluded that it is improper to delay an adversary's knowledge of a written argument to a tribunal by hand-delivering it to the court while mailing the copy to opposing counsel, and that …
If a lawyer who represented the plaintiff joins the firm defending the public board, can that firm keep defending the board in the pending case?
No. The Committee concluded the firm should withdraw from representing the Township Board of Adjustment, because a public body cannot consent to the conflict and a side-switching partner taints the fi…
Can a firm that represents a regional municipal utilities authority appear for a private client before a zoning board of a member town?
No. The Committee deemed a regional utilities authority an agency of each member municipality, so its counsel may not appear for a private client before that municipality's zoning board of adjustment.
Can a defense lawyer in a personal injury case talk privately with the plaintiff's treating physician without the plaintiff's lawyer's permission?
The opinion concluded the Maine Bar Rules do not prohibit defense counsel from discussing the plaintiff's medical condition with the plaintiff's treating physician; whether such ex parte contact is ot…
Can a lawyer charge a contingent fee in a case under a statute that lets the court award attorney fees to the winner, and must the fee deal be disclosed to the court?
The opinion concluded a contingent fee is barred only if the fee-shifting statute makes the court's fee determination binding on all parties; otherwise the lawyer and client may contract a contingent …
I represent clients with claims that might become a federal class action. Can I run an advertisement asking others with similar experiences to come forward?
Yes. The panel held the advertisement was proper under Code of Professional Responsibility DR 2-104(5), which permits contacting potential class members to obtain evidence and information in connectio…
Can a lawyer assert a retaining lien on client funds that were entrusted for a specific purpose if some of the money turns out not to be needed?
The opinion concluded that an attorney may not assert a retaining lien against any portion of funds entrusted for a specific purpose, even if some portion proves unnecessary for that purpose, unless t…
Can a lawyer prepare a deed and transfer documents at a real estate broker's request, for the seller, when the lawyer never deals with the seller directly?
The opinion concluded the lawyer may do so only after satisfying himself that the broker has authority to retain him on the seller's behalf, and he must still exercise his own independent professional…
Can one law firm be listed as 'Of Counsel' to another law firm on letterhead?
The opinion concluded that one firm may be listed as 'Of Counsel' to another, reversing the committee's earlier prohibition, provided the designation truthfully reflects a substantial, continuing rela…
Can a lawyer who sits on a state facility's human rights committee also represent patients of that facility in unrelated proceedings?
The committee concluded it was not improper, because the patient matters the lawyer was handling were not substantially related to the matters the lawyer would consider as a committee member, while ca…
What can a former in-house lawyer do after learning the company issued a prospectus with false financial information, given the duty of confidentiality to that former client?
The committee concluded that DR 4-101(C)(3) permitted the lawyer to reveal the former client's fraud on third parties related to the representation, and that DR 4-101(D)(1) required the lawyer to advi…
May a real estate attorney rely on a title search performed by an unsupervised nonlawyer abstract firm when rendering title opinions?
The opinion concluded that an attorney may not rely on a title abstract or search performed by a nonlawyer the attorney neither supervised nor evaluated; doing so is not preparation adequate under the…
Could a law firm mail personalized letters offering its services to people who had asked the Chamber of Commerce about relocating to the area?
The opinion concluded that the firm could not, because the personally addressed letters to prospective newcomer clients were prohibited written solicitation under the then-current Rule 2.4(b) and did …
Can a North Carolina firm list a renowned law professor licensed only in another state on its letterhead as 'of counsel' or as a 'consulting attorney'?
The opinion concluded that the firm may not list the professor either way, because he is not licensed in North Carolina and maintains no office or practice in the state where he is licensed, so any su…
Can a lawyer personally bid on and buy a client's property at an execution sale when no other bidders appear?
The opinion concluded that the lawyer may not bid as a matter of course, but may do so if he first obtains the client's informed consent and reasonably believes his personal interest will not adversel…
Can a Colorado lawyer advertise as 'experienced' in personal injury or other litigation areas without substantial trial experience?
The opinion concluded that a lawyer who advertises must be or promptly become competent in the advertised area, that a lawyer without substantial trial experience misleads the public by claiming to be…
Under the former Ohio Code of Professional Responsibility, could a lawyer send a written announcement to other lawyers offering to act as an associate or consultant in a particular branch of the law, and could the announcement promise a follow-up call?
The Board concluded that a lawyer could announce availability to other lawyers to act as a consultant or associate in a particular branch of law under former DR 2-105(A)(3), provided the announcement …
Under the former Ohio Code of Professional Responsibility, could an attorney advance litigation expenses for a contingent-fee client, and what happened if the client could not repay?
The opinion concluded that under former DR 5-103(B) an attorney could advance expenses of litigation provided the client remained ultimately liable for them, and that whether to seek reimbursement was…
In a divorce case, can a lawyer make the client's fee obligation contingent on the court ordering the other spouse to pay the fees?
The opinion concluded that an attorney's fee in a dissolution of marriage action may be made contingent on the court ordering the opposing spouse to pay the fee, because that contingency is not the pr…
Can a lawyer send direct-mail letters soliciting people facing foreclosure or tax liens?
The Committee concluded that mailing targeted solicitation letters to specific people known to need legal services because of a pending foreclosure, an existing tax lien, or prior litigation, where th…
Could a judge publicly endorse or oppose ballot issues, such as a county sales tax for a new jail and courthouse or a merit-selection plan for judges?
The Board concluded that judges could ethically endorse or oppose economic or political issues, provided the measures were intended to improve the law, the legal system, or the administration of justi…
Must a prosecutor report lawyers who admitted, sometimes under immunity, to using or possessing cocaine, when that admission says nothing else about their practice?
The committee concluded that a lawyer's admission to using or possessing cocaine while licensed violated DR 1-102(A)(3) and raised a substantial question as to fitness, so under the facts presented th…
Can a lawyer co-present public seminars with a nonlawyer financial planner and offer free consultations?
The opinion concluded that a lawyer may ethically present advertised public seminars with a nonlawyer financial planner if the seminar informs rather than gives individual advice, the lawyer and plann…
Can a Tennessee prosecutor communicate with a criminal defendant the prosecutor knows is represented by counsel, even if the defendant requests the contact?
The opinion concluded that a prosecutor is ethically obligated to avoid all communication with a defendant known to be represented by counsel, without that counsel's knowledge and consent, under DR 7-…
Is it ethical for defense counsel in a civil rights case to condition a settlement offer on the plaintiff's lawyer waiving all right to court-awarded attorney's fees?
The committee concluded that, in civil rights and civil liberties cases, it is not ethically proper for defense counsel to condition a settlement offer on the plaintiff's counsel waiving all right to …
Could a judge let a clothing store display the judge's photograph on a 'wall of fame' in exchange for free merchandise?
The Board concluded that a judge should not consent to having the judge's photograph displayed on a clothing store's 'wall of fame' in exchange for free neckties, because doing so would lend the prest…
Were court referees in Ohio required to complete the mandatory continuing legal education that the judiciary rules imposed on judges?
The Board concluded that referees, whether part-time or full-time, were not required to comply with Gov. Jud. R. IV, the rule mandating continuing legal education for judges, though the Board encourag…
Under the former Ohio Code of Judicial Conduct, could a judge speak out publicly against an organization the judge belonged to that the judge believed was engaged in racist and anti-Semitic activities?
The Board concluded that a judge could ethically express such views when asked by citizens, the media, or concerned organizations, as long as the judge did not initiate or become embroiled in ongoing …
Under former Canon 7B(2) of the Ohio Code of Judicial Conduct, how early could a candidate for judicial office begin fund-raising for primary and general elections?
The Board read former Canon 7B(2) to permit a judicial-campaign committee to solicit funds no earlier than 120 days before each election in which the candidate participated; a primary candidate could …
Under the former Ohio Code of Judicial Conduct, could a part-time juvenile division referee practice in the probate division of the same common pleas court before the judge who appointed him, and could the referee's firm members appear in either division?
The Board concluded that the part-time referee could not practice in his own division (Juvenile) nor before the judge who appointed him in any court; firm members could not appear before their colleag…
Under the former Ohio Code of Judicial Conduct and former R.C. 1907.16, could a county court judge appear as a lawyer in other geographic divisions of the same county court, and could the judge's law partners, shareholders, and office-mates appear in any division of that court?
The Board concluded that under R.C. 1907.16 a county court judge was disqualified from practicing law only as to matters pending or originating in that county court during the term of office; the judg…
Can a lawyer run a side business placing temporary secretaries and clerks in other law offices?
Only with safeguards. The Committee concluded a lawyer may operate a temporary legal-staffing business if he does not place temps in offices where he has adverse matters pending, ensures the employees…
When one assistant district attorney is disqualified from a case, must the entire District Attorney General's office be disqualified too?
The opinion concluded that vicarious disqualification of an entire District Attorney General's staff when one staff member is disqualified is not governed by a per se rule and must instead be decided …
What must a Tennessee lawyer do with settlement proceeds when a client objects to paying a third party, such as a medical provider, who claims a right to part of the funds?
The opinion concluded that a lawyer who has notice that a client's creditor holds a lien on or assignment of settlement funds the lawyer is holding is ethically obligated to segregate and retain the d…
After a lawyer who practiced as 'AB & Associates' dies, can the surviving lawyers keep using his name in the firm name if they were not his partners?
No. The opinion concludes that a deceased lawyer's name may be carried forward only if surviving partners practiced with him and the firm is a true continuation; where the survivors were mere associat…
May a Mississippi lawyer let clients pay legal fees and expenses by credit card?
Yes. The opinion concludes that a lawyer may offer a credit card plan for paying fees and expenses, subject to conditions: not encouraging participation, not raising the fee, charging only for service…
Can a lawyer's partner represent the firm in a fee-collection suit when the lawyer will testify about the fee arrangement and the value of the services?
The committee concluded it was not improper for one of the lawyer's partners to represent the firm in the fee-collection litigation while the lawyer testified about the fee arrangement, the services r…
When a corporate conservator's interests conflict with those of the elderly ward, what must the lawyer hired to pursue the ward's claim do?
The opinion concluded the lawyer's principal duty is to protect the ward, so the lawyer may disclose the conservator's apparent conflict to the ward's personal lawyer without breaching any duty to the…
When can a lawyer charge a non-refundable retainer, and what must the lawyer tell the client?
The opinion concluded a non-refundable fee retainer is acceptable only if its non-refundable nature is fully and clearly explained both orally and in the written fee agreement and the fee is not exces…
I'm a private attorney appointed to a state licensing board. Can I take part in board decisions involving people I've sued, and can I later represent a client against someone whose case I heard as a board member?
No to both. The panel held that Canons 8 and 9 bar the attorney from participating in board deliberations involving anyone he has sued or is currently suing on behalf of a private client, and bar him …
Can a law firm list nonlawyer employees, such as paralegals, office managers, and legal assistants, on its letterhead?
The opinion concluded yes; nonlawyer employees may be named on firm letterhead as long as it is not misleading and the person's nonlawyer status is clearly indicated.
Can a law partnership condition a withdrawing partner's payments on a promise not to compete in a geographic area?
No. The opinion concluded that conditioning a withdrawing partner's payments on a covenant not to practice law in Kentucky for two years conflicts with DR 2-108(A), since not every withdrawal is a ret…
Can a lawyer give a second opinion to someone who is already represented by another lawyer?
Yes. The opinion concluded a lawyer may consult with a person who already has counsel and wants a second opinion, but should make every effort not to impair the existing relationship and may not use t…
Must a Kentucky firm tell a client that one of its lawyers is married to a lawyer at the opposing firm?
The opinion concluded disclosure is required when both spouses are working on the matter, and also when only one spouse is working on it; when neither spouse works on the matter, disclosure is not man…
Can a lawyer reveal a former client's name and address to people with potential claims against the client?
The opinion concluded that, where the lawyer has inferred the former client does not want his name and address revealed, the lawyer may not ethically disclose that information to potential adverse cla…
Can a lawyer with a public defender contract also serve as a judge pro tempore in the same court?
The opinion concluded that a lawyer holding a public defender contract may not serve as a judge pro tempore on the criminal or juvenile bench, but may serve on the civil or domestic relations bench wi…
Can a lawyer be a city special prosecutor while also defending criminal cases in the same city court?
The opinion concluded that a lawyer may not act as a special prosecutor for a city while concurrently defending criminal cases in that city's court, and may not represent that court's judges in person…
What must a public defender do after learning that jail attorney-client conferences were being monitored?
The opinion concluded that a public defender who learns that attorney-client conferences at a juvenile detention facility were monitored must do more than notify the court and stop conferring there. T…
Can a lawyer represent a law partner in a private contractual dispute that has nothing to do with the firm or its legal work?
The committee concluded it was not improper for a lawyer to represent a partner in a private contractual dispute with third persons, so long as neither the issues in the suit nor the real property inv…
When a lawyer is winding down a practice, what can and cannot be sold, and how must clients be handled when files move to another lawyer?
The committee concluded that a lawyer could sell a firm's physical assets or leasehold but not its name or good will, and that clients had to be notified and allowed to direct the disposition of their…
Can a part-time probate judge's law firm represent a party in a case the judge acted on before recusing himself?
The opinion concluded the firm could not, because the probate judge had acted on the merits (appointing a special administrator and denying a transfer petition), and Rule 3.4(g) bars a lawyer from acc…
Is a 'no recovery, no fee' lawyer ad misleading if it does not mention the client's responsibility for costs?
The opinion concluded that an advertisement stating 'no recovery, no fee' (or its equivalent) is misleading under ER 7.1 if it does not also disclose the client's responsibility to pay costs even when…
If a personal-injury client dies after the insurer makes a settlement offer within the authorized range, must the lawyer tell the insurer about the death before accepting?
The committee concluded it was not improper for the lawyer to settle without volunteering the client's death, absent a direct inquiry from the insurer about the client's health, but said that to avoid…
Can a law firm borrow money to advance litigation costs and recover the interest from the client's recovery in a contingent-fee case?
Yes. The Committee found nothing unethical in a firm borrowing to advance disbursements and recovering principal and interest from the recovery, provided the arrangement is disclosed to the client at …
Can the law partner of a part-time municipal judge handle civil forfeiture actions for the county prosecutor arising from arrests in the judge's town?
No. The Committee held that statutory forfeiture actions are penal in nature, so the bar of R. 1:15-1(b) extends to the judge's law partner, but only as to the county where the judge's court sits.
Does a conflict arise just because a lawyer represents two clients, a county college and its depository bank, that have a continuing relationship with each other?
No. The Committee found no conflict in representing two clients who have a continuing relationship where the lawyer takes no part for either client in that relationship.
May a North Carolina firm with offices only in NC list a 'corresponding' foreign lawyer on its letterhead when that lawyer is not a partner, associate, or of counsel?
The opinion concluded that a North Carolina firm with offices only in the state may not list a 'corresponding French lawyer' or similar non-licensed person on its letterhead, because such a listing 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.