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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When a California lawyer works on more than one client's matter during the same time period, may the lawyer bill each client a full hourly rate (or a multiple of it) for that time?
Per California Formal Opinion 1996-147, a lawyer may not bill more than one client at full hourly rates for the same time period, or bill a single client a multiple of that rate for shared time,…
If a California lawyer discovers that the client is committing an ongoing fraud and the client has used the lawyer's services to advance it, what may the lawyer say, what must the lawyer refuse to do, and when must the lawyer withdraw?
Per California Formal Opinion 1996-146, the lawyer must preserve client confidences under Business and Professions Code section 6068(e) and may not disclose the fraud, but also must not participate…
When may a California lawyer contact an opposing party directly, and is the lawyer required to ask whether the party is represented by counsel before reaching out?
Per California Formal Opinion 1996-145, a lawyer with actual or imputed knowledge that an opposing party is represented may not communicate with the party about the subject of the representation…
Can New Mexico lawyers practice law as partners in a Registered Limited Liability Partnership?
The committee concluded it would not be unethical for lawyers to practice in a Registered LLP if they order its affairs to preserve accountability under the rules, but cautioned that neither the…
If one law firm hires a second firm that is its frequent courtroom adversary, must both firms tell their existing clients and get consent?
Not necessarily. The opinion concluded the two firms need not notify their clients or obtain consent if, but only if, the lawyers involved make a good-faith determination that the firms'…
Can a Washington lawyer route client trust funds through a separate 'disbursing account' to capture float or earn free banking services?
The committee concluded that RPC 1.15A requires client and third-person funds to be held in trust and makes no exception for a disbursing account, so the lawyer could not run those funds through one.
Can a law firm advance litigation expenses for an indigent or pro bono client?
The committee was of the opinion that RPC 1.8(e) applies to the representation of indigent clients, and that a firm may advance payment of litigation expenses on the condition that the client…
Can a lawyer take a new client's case when a former client may testify as a witness in it?
The committee was of the opinion that the lawyer could represent the new client, but RPC 1.9(b) prohibits disclosing the former client's confidences or secrets, and RPC 1.7(a) requires the new…
Can a lawyer pay a limited practice officer a percentage of the escrow fee for closing work?
The committee was of the opinion that RPC 5.5 does not permit paying a limited practice officer a percentage of escrow fee charges, but that other compensation methods, such as a flat fee per…
Can a lawyer be both legal counsel for a nonprofit corporation and a member of its board of directors?
The committee was of the opinion that a lawyer may serve as corporate counsel for a private nonprofit corporation and also serve on its board of directors, provided the lawyer otherwise complies…
How should a lawyer dispose of trust funds belonging to a client who lives in a foreign country?
The committee was of the unanimous opinion that the lawyer must determine from the client how the funds should be disposed of, and it recommended holding the funds in a separate interest-bearing…
Must an LLP law firm's letterhead state that one of its partners is a professional corporation?
The committee was of the opinion that the letterhead of a law firm practicing as a limited liability partnership need not include language indicating that a member of the partnership is a…
Can a lawyer join a group marketing program where members pay an annual fee for free or reduced-rate legal services?
The committee was of the opinion that a lawyer participating in the 'Lawstar' program, under which members pay an annual fee for free or reduced-rate legal services, would be in violation of RPC…
Does adding 'P.C.' to a law firm name that uses '... & Company' adequately show the firm's organizational structure?
The committee concluded that adding 'P.C.' after a firm name using '... & Company' provides sufficient clarification of the firm's organizational structure to satisfy RPC 7.1, 7.5(a), and 7.5(d).
Can a contingent fee contract set the fee on discharge by reference to the last settlement offer if the client hires new contingent-fee counsel?
The committee was of the opinion that the proposed clause tying the discharged lawyer's fee to one-third of the last bona fide settlement offer, contingent on whether the client retains other…
Can a lawyer push a current client into ADR or sue the client over an unpaid fee, and must contact go through the client's lawyer?
The committee concluded that nothing bars trying to persuade a client to use ADR, but under RPC 4.2 the lawyer must communicate through the client's attorney, not directly; legal action against the…
Can a lawyer sue a client for unpaid fees and costs, including by cross-claim if an expert sues the firm?
The committee concluded that under the Rules of Professional Conduct a lawyer may sue a client for payment of legal fees or expenses and costs incurred on the client's behalf, either by an initial…
Can a law firm partner take a part-time leave to serve as a Special Attorney General litigating for the state?
The committee declined to give a comprehensive answer without more information and directed the inquirer to comply with RPC 1.6, 1.7, and 1.9.
Can a lawyer accept client referrals from a real estate broker without giving the broker anything of value?
The committee concluded that on the facts presented, where the lawyer would simply be available for a broker's referrals and would give nothing of value in exchange, the referrals would not violate…
What must a lawyer do when collecting payments from a judgment debtor but unable to identify the client owed the money?
The committee concluded the lawyer must make a thorough effort to identify and contact the client under RPC 1.1, 1.3, and 1.4 (including contacting a former associate), must place the collected…
Can a law firm advertise the combined years of practice of its partners as a single firm experience figure?
The committee concluded that advertising that the firm has represented clients for twenty-nine years, when that figure is the cumulative practice years of two partners, would violate RPC 7.1 as…
Can a Washington lawyer put a binding arbitration provision in a fee agreement with a client?
The committee concluded there is no per se prohibition against including an arbitration provision in a client fee agreement, but the provision must be consistent with the lawyer's fiduciary…
Can defense counsel settle directly with an unrepresented non-party, and can the lawyer relay messages to the represented plaintiff through that person?
The committee concluded the Rules do not prohibit defense counsel from communicating with, or attempting to settle with, an unrepresented person (here the plaintiff's father, a non-party), though…
Can a lawyer suing a city make a public records request directly to a city official who is a represented adverse party?
The committee concluded that a public records request under RCW 42.17 is an independent justification, expressly authorized by law, for communicating with a government official who would otherwise…
Can a firm sue a doctor in one case while relying on the same doctor as a treating-physician witness for other clients?
The committee concluded that because there is no attorney-client relationship with the doctor, RPC 1.7(b) governs; the firm may both sue the doctor and use the doctor as a witness for other clients…
Can a lawyer reveal client confidences to sue the client for a bounced check?
The committee concluded that, on the stated facts, the lawyer is a victim of a crime and falls within the RPC 1.6(b) exception, which permits revealing confidences and secrets to the extent…
Can a lawyer advertise that the firm handles lawsuits against a specific named business and its owners?
The committee did not resolve the question on the merits; it directed the inquirer to RPC 7.1 and 7.4 as the governing rules and declined to opine on any other liability such an ad might create.
What does a lawyer do with settlement money in trust when the client refuses to cash the check?
The committee concluded that the lawyer must resolve any dispute over the retained fee (replenishing the trust account for the disputed amount), must withdraw the improper malpractice-release…
How many years back does a law firm have to check for conflicts of interest?
The committee concluded that a conflict continues indefinitely, so a firm must run conflict checks as far back as each current attorney has practiced; once an attorney leaves, the firm may take…
Can a lawyer who became head of a state agency make final decisions in cases involving people the lawyer previously represented?
The committee concluded that if the courts rule the agency head cannot delegate the decisions, RPC 1.11 does not bar the lawyer from making them, because RPC 1.11(c) exempts a government officer…
Can a lawyer use a pseudonym (a fake name) while doing legal work?
The committee was of the opinion that, while it does not decide whether particular agency staff are practicing law, if an attorney is engaged in the practice of law then using a pseudonym would…
How far must a lawyer go to check for conflicts after moving to a new firm?
The committee determined that a lawyer who compared client and spouse names from the former firm against the new firm's past and current client lists had done all the lawyer can to check conflicts,…
Can a lawyer price the sale of a law practice as a percentage of transferred clients' fees, or sell the practice gradually over time?
The committee determined that basing the sale price of a law practice on a percentage of the gross fees from transferred clients violates RPC 1.5(e), though an annual adjustment based on gross…
Can a professional limited liability company call itself a 'firm' or a 'company' in its name?
The committee decided that a professional limited liability company must not refer to itself as a 'firm' or a 'company' but must use 'professional limited liability company' or 'P.L.L.C.', and that…
Can a law firm name itself '____ & Company'?
The committee was of the opinion that using the word 'company' in a law firm name is prohibited by RPC 7.1, 7.5(a), and 7.5(d) without further explanation of the organizational structure of the law…
Are a county public defender's case conflicts imputed to a lawyer just because the lawyer is married to that public defender?
The committee determined that the county public defender's office conflicts are not imputed to a lawyer merely because the lawyer is the spouse of a county public defender, where the two will never…
Can a lawyer represent a deported felon who illegally returned to the country in an open-court dependency case?
The committee said whether representing an illegally returned deported felon assists a crime is a legal question beyond its scope, and that if such representation does assist a crime as a matter of…
Can a lawyer take per-project pay from a corporation to do work on behalf of the corporation's clients?
The committee was of the opinion that if the work the lawyer performs is the practice of law, the arrangement may violate RPC 5.4(a) and 5.5(b), but if the work is not the practice of law there is…
After a dependency action against a father, can a lawyer keep representing both the father and his injured minor child on the child's injury claim?
The committee concluded that several conflict rules prohibit the lawyer from continuing to represent either the father or the minor child without a court order or written consent, and that the…
Can a lawyer represent a property owner facing condemnation when the lawyer's firm also has obligations to the condemning city?
The committee was of the opinion that, assuming the lawyer believes the representation would not be adversely affected by the firm's obligations to the city, the lawyer could represent the potential…
Can a lawyer draft a client's will that names the lawyer as personal representative or trustee?
Yes. The opinion concluded that Rule 1.8(c) only bars drafting an instrument that gives the lawyer a substantial gift, not one naming the lawyer as personal representative or trustee, so a lawyer…
Can a lawyer run a newspaper ad telling people they may have been victims of a party's discrimination and inviting them to contact the firm?
Yes. The opinion concluded that a truthful newspaper advertisement informing potential discrimination claimants of a possible cause of action and inviting contact does not violate Rule 7.3, because…
If a lawyer's investigator contacts a represented opposing party under a pretext against the lawyer's instructions, has the lawyer violated Rule 4.2, and what must the lawyer do with the information?
No violation, but limited use. The opinion concluded that a lawyer who instructed the investigator not to make contact did not violate Rule 4.2, but must notify opposing counsel and refrain from…
Can a lawyer list an honorary degree or fellowship in advertisements and on letterhead, even though it was not an earned degree?
The opinion concluded a lawyer may list honorary degrees in advertising and on letterhead, rejecting the view that only 'earned' degrees may be listed, but the nature of honorary distinctions…
After leaving the prosecutor's office, can a former assistant prosecutor be appointed to represent indigent defendants in felony and related matters?
Generally yes, unless the lawyer participated personally and substantially in the matter as a prosecutor (absent the office's consent) or holds confidential government information usable against a…
Could an Illinois judge act in a nonprofit civic group’s play staged to raise funds?
The Committee permitted the acting role where the judge was listed only as a cast member, was not promoted as the star, and was absent from separate solicitation materials.
How could a circuit judge handle appointments and jury matters when the judge’s son practiced in that circuit?
West Virginia JIC Opinion 1995-37 required rotation-based appointments and special-judge handling of the son’s cases and petit-jury selection, while allowing generic grand- and petit-jury instructions.
I prepared a living will for a husband and an estate package for his wife. Now the wife wants to amend her trust to cut out his daughter and not tell him. Can I do it under Rule 1.9?
The panel concluded that the lawyer may amend the wife's estate plan without violating Rule 1.9, because preparing the husband's living will was not a substantially related matter and the amendment…
A secondary health insurer paid my client's medical bills in a tort case but never filed a lien. Do I have to pay the insurer out of the settlement?
The panel concluded that, absent a lien and absent any assurance by the attorney that the bills would be paid, Rule 1.15(b) does not obligate the attorney to pay the secondary health insurer from…
I'm a state child-support agency lawyer. I represent the state for one parent and, for a fee, a second parent, both owed support by the same father whose injury settlement can't cover both. Can I keep representing the second parent?
The panel concluded that because a single personal-injury settlement had to be apportioned between the state and the non-welfare parent, the two representations became directly adverse under Rule…
Could a judge’s campaign committee rent office space from a partnership that included a lawyer practicing before the judge?
West Virginia JIC Opinion 1995-36 concluded that the campaign committee should not rent the space; the Commission chair dissented.
Could a family law master’s assistant sign the master’s name to a recommended order or its notice?
West Virginia JIC Opinion 1995-35 concluded that the family law master must personally sign both the recommended order and its accompanying notice.
Could lawyers who regularly practiced before a judge serve on that judge’s campaign committee?
West Virginia JIC Opinion 1995-34 allowed the lawyers to serve, but required disclosure when a committee member appeared before the judge so parties could consider recusal.
Can a lawyer send a paralegal to handle a real estate closing while the lawyer is only reachable by phone?
The opinion concluded that a lawyer may delegate attendance at a real estate closing to a paralegal, with the lawyer available by phone, but only where the closing is purely ministerial and the…
What specialization-certification disclosures did a Tennessee lawyer have to include when advertising a practice area, and for which areas?
Vacated. As originally issued, Formal Ethics Opinion 95-F-137 explained that under DR 2-101(C) a lawyer advertising any area of law had to include the precise certified, not-certified, or…
Is a judge disqualified when a party’s lawyer also represents someone suing the judge’s spouse?
Opinion 95-588 concludes that the judge is disqualified on those facts and applies its earlier rulings treating the judge and spouse as one for attorney-relationship disqualification.
Should Court of Civil Appeals judges recuse from a contract case against the state chief justice?
Opinion 95-587 concludes that the appellate judges should recuse under the totality of the circumstances to avoid an appearance of impropriety, without finding actual bias or imposing a rule for…
Can a litigant create a family-based disqualification by hiring the judge’s relative after contested proceedings?
Opinion 95-586 treats a party who hires the judge’s relative as counsel after a contested issue has been heard or decided as agreeing to remittal, while preserving the other parties’ right to decline it.
Does being a utility customer and city resident disqualify a judge from a service-area dispute?
Opinion 95-585 finds no disqualification from mere city residence or a speculative customer benefit, but says the judge is disqualified if the outcome could substantially affect the judge’s…
Must a judge recuse when counsel’s firm is involved in litigation about the judge’s salary supplement?
Opinion 95-584 disqualifies a judge who opts out of the class and helps fund opposition to the suit from hearing cases involving the class plaintiff’s attorney or that attorney’s firm.
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.