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 who also serves as a municipal judge use the law firm's letterhead to communicate with litigants in the court over which he presides?
The Committee concluded that it is improper for a lawyer serving as a municipal judge to use his law firm's letterhead to communicate with litigants on municipal court matters, because the firm letter…
Do the fee-division rules that limit splitting a fee with an outside lawyer apply when a firm shares legal fees with a lawyer who is 'of counsel' to the firm?
The Committee concluded that DR 2-107(A) does not apply to a firm's sharing of legal fees with a lawyer who is publicly designated 'of counsel' and who has a regular, continuing, and substantial relat…
When representing a client in a property dispute, can a lawyer take an ownership interest in the disputed property as security for the fee?
The Committee concluded that an attorney does not violate DR 5-103 by acquiring an undivided fee simple interest in disputed property if it is done in good faith and with the client's consent, treatin…
Can a lawyer prepare the deed and loan documents for both the seller and the buyer in a real estate deal without ever talking to them?
The Committee concluded that representing both parties on these facts would violate DR 5-105(A) and/or (B) unless the lawyer satisfies DR 5-105(C) by making full disclosure of the possible effect on h…
Can a law firm represent all the co-defendants in a lawsuit when one defendant is a firm member who is known to be a witness on disputed facts?
The Committee concluded that DR 5-101(B) bars the firm from accepting the representation of all four defendants where it is known before employment that the firm-member defendant will testify on conte…
Can a lawyer take will-and-trust referrals from a financial planning organization and accept part of the fee paid by the organization?
The Committee concluded that, on these facts, an attorney does not violate the disciplinary rules by letting a financial planning organization recommend him to a member and accepting payment of part o…
Can a lawyer who is publicly listed as 'of counsel' to a firm sue that firm's partners on behalf of a former client of the firm?
The Committee concluded that it would be unethical for a lawyer publicly identified as 'of counsel' to a partnership to take on a former client's suit against the partners, because the 'of counsel' la…
Can a nonprofit legal aid office have clients agree that, if the client can't later be found, leftover trust funds may be used to help other needy clients?
The Committee concluded that it would not be unethical for an attorney operating a nonprofit legal service to ask a client to consent that unclaimed funds be used to help other needy clients, because …
Can a county bar association run a lawyer referral service just for university students, charge a small consultation fee, and let participating lawyers be hired by the students?
The Committee concluded that it is not unethical for a county bar association to operate a referral service limited to university students, to charge a reasonable consultation fee, or for a participat…
Must a lawyer reveal a client's fraud that happened before the lawyer was hired, and what must the lawyer do if the client may have to testify about it?
The Committee concluded that DR 4-101 imposes no duty to reveal a client's pre-representation fraud absent an exception, that DR 7-102(B)(1) is by its terms limited to fraud committed during the repre…
If a government lawyer prosecuted a contempt motion for the wife, can the lawyer (or anyone else in the same office) later prosecute the wife on the same divorce decree?
The Committee concluded that the attorney who prosecuted the contempt motion for the wife may not later prosecute the wife on the same decree under DR 5-105(B), but that other attorneys in the county …
Can a law firm put 'personal injury lawyers' on its letterhead and business cards, and what does it have to disclose about specialization and certification?
The Committee concluded that a firm may claim a specialty like 'personal injury lawyers' for the firm as a whole only if all of its lawyers actually practice in that area, the responsible Texas-licens…
Can the lawyer who drafted and notarized a will keep representing the executrix and beneficiary once someone contests the will's execution and the testator's capacity?
The Committee concluded that the attorney who prepared and notarized the will may not continue to represent the Independent Executrix and sole beneficiary in a contest challenging the will's execution…
Can a law firm hire a CPA to handle clients' tax work, including IRS and Tax Court appearances, without any supervision by one of the firm's lawyers?
The Committee concluded that it is not permissible for a law firm to employ a non-lawyer accountant to perform tax services directly for firm clients without a lawyer's supervision, because holding ou…
May a lawyer withdraw when the client will not pay, and may the lawyer tell the judge at the withdrawal hearing that he believes the case may be frivolous?
The opinion concluded the lawyer may seek permissive withdrawal for substantial nonpayment after reasonable warning, and to avoid the conflict between not prejudicing the client and not pursuing frivo…
May a lawyer give clients or the public information about a prepaid legal services plan, such as enclosing a brochure with billings or referring clients to a plan?
The opinion concluded a lawyer may disseminate information about prepaid legal services to clients and the public, including enclosing a brochure with a current client's bill, provided the lawyer comp…
May a New Mexico lawyer pay per-referral fees to a private, for-profit lawyer referral service that the bar has not approved?
The opinion concluded that paying a fee to a private, for-profit referral service not sponsored or approved by a bar association violated both the former Code (Rule 2-103) and the new Rules (Rule 16-7…
Do attorneys who volunteer to teach a pro se divorce clinic, giving only general information and no individual advice, form an attorney-client relationship with the participants?
The committee declined to decide whether an attorney-client relationship would form, calling that a question of law for counsel, but it saw no ethical objection to the clinic and flagged conflicts, su…
May a lawyer cite or threaten the criminal penalties for unpaid supplies or bad checks in a civil demand letter, and if not, may the lawyer have the client send such a letter instead?
The opinion concluded that threatening or referring to criminal sanctions in a civil demand letter was improper under both the former Code and the new Rules of Professional Conduct, and that a lawyer …
When a lawyer may be called as a witness against a former client in a case his current firm is defending, must he keep silent, talk to opposing counsel, or tell his own firm about the potential conflict?
The opinion concluded the lawyer was not required to talk to the former client's new counsel, but he could and probably should tell his own firm that he might be a witness, so the firm could evaluate …
May a lawyer mail a periodic newsletter on legal topics to current clients, former clients, other professionals, and prospective clients as a way to attract business?
The opinion concluded the lawyer could send the newsletter as a permissible written solicitation, provided it placed less emphasis on the law firm's experience, because unsubstantiated claims of exper…
Must a lawyer disclose to the court a statute of limitations that could defeat his own client's claim when opposing counsel is unaware of it?
The opinion concluded the lawyer had no duty to disclose the statute of limitations, with committee members reasoning variously that it was not directly adverse because arguably inapplicable, that the…
Can a lawyer who also owns a real estate company close a sale developed by that company for a customer the lawyer already represented?
The opinion concluded that where the lawyer originally represented the customer as a client and referred that client to his real estate company with full disclosure of his interest, he may ethically c…
Can a law firm take collection cases referred to it by a credit bureau that one of the firm's partners co-owns?
The opinion concluded the firm may not represent collection clients referred to it by a credit bureau in which a firm member holds an interest, whether the referral is direct or after the bureau first…
Must a lawyer alert the court to its apparent error in entering judgment against a pro se defendant whose affidavit arguably defeated summary judgment?
The opinion concluded the lawyer had no obligation to point out the apparent error, because the situation was not covered by the candor rule, a pro se party is bound by the same procedural rules as a …
When an insurance company mistakenly tenders a settlement check ten times the intended amount, must the plaintiff's lawyer disclose the apparent error?
The opinion concluded the lawyer should disclose the apparent error, because a client has no right to take unfair advantage of an obvious mistake and the lawyer's duty is to act honestly and avoid a p…
Can a lawyer who served as a hearing officer making only preliminary procedural rulings in a board's rulemaking later represent that board as counsel on appeal of the rule?
The opinion concluded the lawyer may serve as counsel on appeal, because ruling on two preliminary procedural matters in a rulemaking did not make him an adjudicative officer under Rule 16-112(A), and…
Does a lawyer have an ethical duty to disclose that a client has told the lawyer she intends to commit suicide?
The opinion concluded that because suicide is not a crime under New Mexico law and a lawyer who fails to disclose it does not aid a crime or fraud, the lawyer had no duty to disclose the client's stat…
May trial counsel in California discuss evidence that was excluded at trial with jurors after the jury has been discharged?
Per California Formal Opinion 1987-95, former California Rule 7-106(D) did not bar discussion of excluded evidence with jurors after discharge of the jury, provided counsel did not intend to harass or…
Can a contingent-fee lawyer recommend a structured settlement, and how is the lawyer's fee calculated on one?
The committee concluded that a lawyer may use structured settlements and may recommend that a client accept or reject one even though the lawyer's contingent fee is affected, because contingent-fee ar…
Must a lawyer disclose and get consent when a friend, or a spouse who is the courtroom bailiff or reporter, is involved in the case?
The committee concluded that a criminal defense lawyer must disclose and obtain the client's consent when a close personal friend who is a police officer will testify against the client on a contested…
Is it an ethics violation in California for a lawyer to have a sexual relationship with a client?
The committee concluded that no California rule expressly prohibits a lawyer-client sexual relationship and that it is not a per se violation, but that such a relationship can violate the competence r…
Can an insurance company use its own salaried in-house lawyers to defend insureds in liability suits?
The committee concluded that an insurer's in-house counsel may defend insureds without aiding the unauthorized practice of law, provided the company does not control or interfere with the lawyers' pro…
Can a lawyer hold a client's file under an attorney's lien for unpaid fees, and what must the lawyer turn over when a former client asks for the file?
The committee concluded that a lawyer may not assert a retaining lien on a client's papers or money when withholding them would materially interfere with the client's later representation, or against …
When a lawyer holds property a client gave the lawyer and an opposing party claims it under a prior settlement, must the lawyer return the property to the client?
It depends on whether ownership is clear. The committee was of the opinion that if the property clearly belongs to the client, the lawyer must return it to the client under RPC 1.15(d), with advice ab…
Can a law firm join a trade group and mail letters offering legal services to people on the group's mailing list whom the firm has never met?
Yes. The committee was of the opinion that nothing in the Rules of Professional Conduct prohibited a firm from joining a trade group and sending letters to people on its mailing lists whom the firm ha…
Does a group advertising program that names participating attorneys and lists a phone line comply with the lawyer advertising rules?
The committee was of the opinion that the proposed advertisements, naming all participating attorneys as broadcast, appear to comply with RPC 7.2(c). Because it could not know what is said to consumer…
Can a firm list lawyers who are inactive in other states on its letterhead?
The committee was of the opinion that, because RPC 7.1 prohibits misleading communications about lawyers, a firm that wishes to list lawyers who are inactive in other states must identify their specif…
Can a lawyer personally guarantee a settlement payment on behalf of a client?
No. The committee was of the opinion that it would not be proper for a lawyer to personally guarantee a settlement payment on behalf of a client. It declined to opine on a related question about a law…
Can a law firm keep using a former partner's name in the firm name after he leaves to start his own practice?
No. The committee was of the opinion that the firm could not continue to use the name of a former partner who is no longer associated with the firm but is otherwise in the practice of law, because doi…
Does representing a homeowners association in a land-use case conflict with the same lawyer enforcing the association's assessments against its members?
No. The committee was of the opinion that the lawyer's client is the association, and representing it in a land-use matter does not conflict with representing it in enforcing assessments and covenants…
Can a prosecutor offer to dismiss criminal charges in exchange for the defendant releasing civil claims against the government?
The committee adopted an informal opinion concluding that nothing in the Rules of Professional Conduct prohibits a prosecutor from seeking a release of civil liability in exchange for dismissing charg…
Can a lawyer communicate ex parte with a bank that provides collection services to the opposing party in a contract dispute?
The committee was of the opinion that an attorney's ex parte communication with a bank providing contract collection services to the seller, in a seller-vendor contract dispute, would not violate RPC …
Can a lawyer review and sign complaints and pleadings that a collection agency prepares for the lawyer's clients?
The committee was of the opinion that, on the facts described, a proposed relationship in which a collection agency prepares complaints and pleadings that the lawyer reviews and signs after weekly rev…
After a firm represented both spouses in estate planning, can a firm lawyer represent the wife in a divorce over the husband's later objection if he gave written consent?
The committee was of the opinion that where the husband had given written consent (including acknowledgement of his right and opportunity to seek counsel) to the lawyer representing the wife in the di…
What must a lawyer do with trust-account funds held for a client whose whereabouts are unknown?
The committee was of the opinion that when a lawyer holds funds in trust for a client whose whereabouts are unknown, the lawyer is obliged to follow the requirements of the Uniform Unclaimed Property …
Can a lawyer take an assignment of a client's judgment for past-due child support to secure the lawyer's fees?
The committee was of the opinion that the mother had the full ability to assign her own interest in back child support to secure the attorney's fees, but that the extent of her interest would depend o…
Must a lawyer in a client's personal injury case disclose the existence of the client's minor children to the custodial parent?
The committee was of the opinion that disclosure of the existence of the minor children would be required to the extent non-disclosure would amount to assisting the client in conduct the lawyer knows …
Can a lawyer assert a possessory lien over a client document held to secure fees, such as a car's certificate of title?
The committee was of the opinion that the lawyer could assert a possessory lien over a document in the lawyer's possession (a certificate of title to an automobile) that the client had given to secure…
Does a criminal defendant's threat to sue the prosecutor create a conflict that bars the prosecutor from continuing the case?
No. The committee was of the opinion that when a prosecuting attorney has been threatened with a lawsuit by a criminal defendant, the prosecutor is presented with no conflict such as to prevent the pr…
If a lawyer learns the client gave false testimony in a dissolution trial, can the lawyer disclose it to the court?
No, not on these facts. The committee was of the opinion that under RPC 3.3(c) and 1.6 the lawyer would not be permitted to disclose the client's false testimony; instead the lawyer should seek the cl…
If a client tells the lawyer to give a signed settlement release back to the client instead of delivering it to the other side, what must the lawyer do?
The committee was of the opinion that the lawyer must deliver the document to the client as requested but also advise the client of the consequences of his actions, and should notify opposing counsel …
Can a lawyer form a partnership with a nonlawyer to run a child-custody evaluation business?
Yes. The committee was of the opinion that a custody evaluation business does not constitute the practice of law, so a lawyer forming such a partnership with a nonlawyer would not violate RPC 5.4(b); …
Can the lawyer who drafted a will serve as the sole trustee of the trust it creates and also as guardian for the trust's beneficiary?
The committee did not give a clear yes or no. It was of the opinion that although the Rules of Professional Conduct may not directly prohibit a will-drafting lawyer from serving as both sole trustee a…
When a lawyer leaves a firm but keeps a contingent-fee client, can the firm and the lawyer divide the fee by hours worked?
Yes. The committee was of the opinion that where a firm was hired on a contingent fee and the lead counsel left but continued to represent the client, the firm and the lawyer could agree to divide the…
Can a lawyer let a collection agency prepare pleadings on the lawyer's forms if the lawyer reviews the file and signs each document?
Yes. The committee was of the opinion that where a collection agency prepares documents such as complaints, writs of garnishment, and answers using forms the lawyer prepared, and the lawyer reviews ea…
Can a lawyer who switched firms work on a case against a former firm's client if the lawyer never touched that client's matters?
Yes. The committee concluded that where the lawyer had not worked on the cases or any other matters for the former firm's clients and had acquired no confidences or secrets, nothing in the Rules of Pr…
On withdrawing from a criminal case, must a lawyer hand over discovery the criminal rules restrict, and how?
The committee concluded that, where a withdrawing lawyer's duty to deliver papers under RPC 1.15(d) runs up against the criminal discovery restrictions of CrR 4.7(h)(3) and (7), a court order should b…
If a lawyer receives funds payable to a client that the client is not entitled to, what must the lawyer do before returning them?
The committee concluded that a lawyer who receives funds payable to a client that the client is not entitled to must advise the client of the lawyer's intention to return the funds and the reason, so …
Can a lawyer reveal client confidences to defend against a former client's malpractice and fraud claims?
Yes. The committee concluded that, where a lawyer faces a cross-complaint alleging fraud, malpractice, and similar claims, RPC 1.6(b) permits revealing confidences or secrets to the extent reasonably …
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.