Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try a different search term or clear the filters.
Can the same lawyer serve as municipal prosecutor and as planning board attorney in the same municipality?
Yes. The Committee held there is no per se bar; a municipal prosecutor is limited-scope (not plenary) counsel, so the lawyer may also serve as planning board attorney, subject to case-by-case conflict…
Can a New Jersey lawyer buy a competitor's name as a search-engine keyword so the lawyer's own website appears when someone searches that competitor?
Yes. The Committee held that buying a competitor's name as a keyword does not violate the RPCs, but inserting a hyperlink on a competitor's name to divert the user violates RPC 8.4(c). The Supreme Cou…
When a new lawyer takes over a contingent-fee case from a prior lawyer, do the fee-splitting rules apply, and what must the client be told?
The opinion concludes that when a successor lawyer replaces a prior lawyer in a contingent-fee matter, this is not a Rule 1.5(e) fee division (which covers lawyers working together), but the successor…
I was a corporation's outside counsel years ago. May I now represent a buyer suing that corporation over a contract I never handled?
The panel concluded no conflict under Rule 1.9 because the buyer's breach claim is not the same as or substantially related to the lawyer's prior work for the corporation. The lawyer gained no specifi…
May I walk around my office neighborhood and personally solicit legal business from local business owners, leaving a letter?
Yes. The panel concluded Rule 7.3(a), which bars in-person solicitation for pecuniary gain, contains an exception for business organizations, so the lawyer may solicit business owners and operators in…
Which settlement terms restricting a plaintiff's lawyer (no other clients, no solicitation, keep everything confidential, no disparagement) are allowed under Rule 5.6?
The opinion concluded that a lawyer may not offer or agree to direct or indirect restrictions on the lawyer's right to practice. Settlement terms requiring the lawyer to affirm having no other clients…
Can a Colorado lawyer advise or supervise investigators, clients, or police who use deception in a lawful investigation, and can the lawyer do it personally?
The opinion concludes that amended Rule 8.4(c) lets a lawyer advise, direct, or supervise others, including clients, police, and investigators, who use dishonesty or deceit in lawful investigative act…
Can one lawyer represent multiple witnesses as "pool counsel" in a government or internal corporate investigation?
Yes. A lawyer may serve as pool counsel for multiple witnesses in a government or internal investigation, subject to the conflict and confidentiality rules. The lawyer must screen for concurrent confl…
When a lawyer receives a document the other side sent by mistake, can the lawyer use it, or only notify the sender?
Rule 4.4(b) requires the receiving lawyer to promptly notify the sender, but does not itself bar using inadvertently sent information. Whether the lawyer may or must use it turns on substantive law an…
Can a lawyer licensed only in another state live in Utah and practice that state's law without a Utah license?
The opinion concludes that an out-of-state lawyer in good standing may reside in Utah and practice law for clients of the state where the lawyer is licensed without violating Rule 5.5, as long as the …
Can a lawyer buy a firm wholly owned by another lawyer who keeps practicing elsewhere, and keep using that lawyer's name on the firm?
Yes. The opinion concludes a lawyer with a pre-existing, bona fide affiliation may purchase the firm under Rule 1.17, that the seller is 'retired' once he stops practicing in the firm's geographic are…
Can a solo lawyer name the firm using only the lawyer's middle and last names, even if it might look like two lawyers?
Yes. The opinion concludes a lawyer who practices under the lawyer's full surname may drop the first name and use a firm name of the middle and last names, because that minor variation of the lawyer's…
If a lawyer runs both a law firm and an IP consulting company, which ethics rules apply, and can the lawyer share ownership or fees with non-lawyers and a foreign lawyer?
The opinion concludes that where the consulting services are not distinct from the legal services, the Rules govern the whole operation: the lawyer may share fees with a qualifying foreign lawyer but …
Can a lawyer take disputed fees out of the client's escrow funds, add interest, and hold back a cushion for possible fee litigation?
No. The opinion concludes a lawyer may not remove from the trust account any amount the client disputes, may charge interest on an unpaid bill only if the written fee agreement provided for it, and ma…
When an insurance company hires a New Hampshire lawyer to defend its insured, who is the lawyer's client, and what should the lawyer do about the uncertainty?
The insured is always the lawyer's client; whether the insurer is also a client is unsettled in New Hampshire and is a question of insurance law the Committee will not decide. The opinion withdraws on…
Is a North Carolina lawyer's sexual relationship with opposing counsel a conflict of interest that must be disclosed to the client?
Yes. An ongoing sexual relationship between opposing counsel creates a personal-interest conflict that materially limits each lawyer's independent judgment under Rule 1.7(a)(2); each lawyer may contin…
Can a North Carolina lawyer sign an ERISA health plan agreement promising not to abandon or settle the client's claim without the plan's approval?
No. A lawyer may not agree to terms that contradict the duty under Rule 1.2 to abide by the client's decisions about the objectives of the representation and whether to settle; a promise to the client…
Can one North Carolina lawyer prepare a separation agreement for both spouses who agree on the terms and want to share one lawyer?
No. Preparing a separation agreement for both spouses is a nonconsentable concurrent conflict under Rule 1.7, because the parties are legally adverse and there are numerous opportunities for the lawye…
Can a lawyer in a products liability case agree to a settlement term that requires the allegedly defective product to be destroyed?
Formal Ethics Opinion 2019-F-167 holds that it is improper for an attorney to propose or accept a settlement provision in a products liability case that requires destruction of the product alleged to …
What are a Maine lawyer's ethical duties to prevent and respond to a cyberattack or data breach?
A Maine lawyer who uses technology must make reasonable efforts to understand and safeguard it. After a breach, the lawyer must take reasonable steps to stop or contain it, investigate whether client …
Can a lawyer leave law-firm shares transfer-on-death to a revocable trust that has nonlawyer beneficiaries?
The opinion concluded that a lawyer must avoid designating his or her law-firm shares as transfer-on-death to a revocable trust (becoming irrevocable at death) when the trust has nonlawyer beneficiari…
Must a lawyer delete backup copies of a former client's data on request, and can the lawyer first require a release or indemnity?
The opinion concludes a lawyer generally may keep copies of client-owned documents, but that interest can yield to a legitimate destruction request (here, a settlement requiring it); the lawyer may re…
Can a Colorado lawyer respond publicly to a client's negative online review?
Yes, but narrowly. The opinion concludes no rule bars a lawyer from responding to online criticism, but Rules 1.6 and 1.9(c) prohibit revealing information relating to the representation unless the cl…
Can a New York lawyer use a virtual law office address as the principal office address on advertising, business cards, letterhead, and the firm website?
A New York lawyer may use a New York virtual law office (VLO) street address as the principal law office address under Rule 7.1(h), and on business cards, letterhead, and the website, as long as the V…
Can a Kentucky lawyer work as a mediator or arbitrator as part of a law practice, run it from the law office, and use nonlawyer staff in the sessions?
Yes to all three. A lawyer may serve as a third-party neutral, may do so on the firm's premises, and may use nonlawyer staff, but remains bound by the Rules of Professional Conduct, including protecti…
Can a Kentucky lawyer reveal client confidential information to respond to a former client's negative online review or public criticism?
No. The self-defense exception in Rule 1.6(b)(3) is triggered by formal claims or disciplinary complaints, not by public or internet criticism, so a lawyer may not disclose client confidences to answe…
What must a lawyer do when a former client defaults on a settlement, the lawyer can't find the client, and opposing counsel threatens a motion?
The opinion concludes the lawyer may tell opposing counsel and the court that the lawyer no longer represents the client if both the representation and the court matter ended; if either is still open,…
Can a private lawyer sue one government agency while representing another agency of the same government in an unrelated matter?
The opinion concludes that this simultaneous representation is not categorically prohibited; whether it creates a conflict turns on identifying the government client through a functional analysis and …
Can a contingency-fee firm charge the client for the cost of litigation cost insurance, payable only if the client recovers?
Yes, with conditions. The opinion concludes a firm may pass the cost of a litigation insurance policy to the client upon recovery if the terms are fair, reasonable, and fully disclosed in writing, the…
Can a lawyer talk to the press about a case that is on appeal, criticizing the other side and repeating the allegations in the complaint?
Per the Committee, generally yes; extrajudicial statements about a case pending on appeal usually do not have a substantial likelihood of materially prejudicing an adjudicatory proceeding under Rule 3…
Can a lawyer who moved to Michigan keep practicing for clients in states where they are licensed while a Michigan bar application is pending?
The opinion concluded that an out-of-state lawyer who relocates to Michigan and applies for admission may continue working remotely from Michigan on client matters in the jurisdictions where the lawye…
Can a judge who performs opposite-sex weddings refuse to perform marriages for same-sex couples?
No. A judge who performs marriages for opposite-sex couples may not refuse to perform them for same-sex couples; doing so manifests bias and prejudice under the Model Code. A judge may decline to perf…
Can a lawyer who represents employees take on the employer as a client in unrelated matters, drop a client to do so, or later sue a former client?
The opinion concluded that, absent informed written consent, a lawyer may not represent an adverse party (an employer) in unrelated matters while representing current clients with claims pending again…
What counts as an "ex parte proceeding" that triggers a lawyer's duty to disclose adverse facts to the court under Rule 3.3(d)?
Rule 3.3(d) requires a lawyer in an ex parte proceeding to disclose material facts, including adverse ones, that let the tribunal decide informed. The opinion reads "ex parte proceeding" narrowly: it …
If a lawyer receives an opposing party's confidential information from someone authorized to disclose it, must the lawyer notify opposing counsel?
The opinion concludes that a lawyer who receives confidential information through an intentional, authorized disclosure is not required to notify the opposing party's lawyer, because Rule 4.4(b) appli…
What must a lawyer do after receiving a document or ESI from the opposing side that was sent by mistake?
The opinion concludes that a lawyer who receives confidential information that was inadvertently sent must promptly notify the opposing party's lawyer, and should then either follow the sender's instr…
Can a lawyer pay a third party for confidential documents or evidence that the third party is contractually barred from sharing?
The opinion concludes that a lawyer may not solicit or accept evidence if the lawyer knows or should know that doing so violates a third person's legal rights, such as a confidentiality agreement, and…
Can a Kentucky lawyer post about a current or former client, or name the client, on a blog or social media without consent, and does a public record change that?
No. Without client consent a lawyer may not reveal information relating to the representation, or the client's identity, on a blog or social media, and there is no exception just because the informati…
Can a lawyer who runs or works with an R&D tax-credit business pay or receive referral fees from lawyers and from the business?
The opinion concludes a lawyer's own tax-credit firm may not pay lawyer referral fees unless Rule 1.5(g) or 7.2 allows it; a lawyer employed by a non-lawyer-owned tax-credit firm may take a referral f…
What must a New Hampshire lawyer do to protect client confidences when traveling internationally with devices that could be searched at the border?
Lawyers remain bound by the Rules abroad: Rule 1.1 competence includes staying current on technology, and Rule 1.6 requires protecting client confidences, so a lawyer should understand how devices sto…
Can a lawyer who drafted a real estate contract hand it to the client's broker without the client's consent, and does the lawyer's own interest in withholding it create a conflict?
No to disclosure without consent. The opinion concludes a lawyer-drafted sale contract is confidential information the lawyer must protect absent the client's informed consent, and the lawyer's own pe…
Can a New York lawyer affiliate and share fees with a New York resident who is admitted only in another state but in New York federal courts, purely to bring in New York clients?
The opinion concludes the arrangement is improper if the other lawyer's soliciting clients, sharing fees, and other activities would, as a matter of law, be the unauthorized practice of law; a federal…
Can a D.C. lawyer put a mandatory arbitration clause in a fee agreement, and does the lawyer have to send the client to independent counsel first?
The opinion concludes that a mandatory arbitration provision in a fee agreement, including one covering legal-malpractice claims, is an ordinary fee arrangement governed by Rule 1.5, not a business tr…
Can a lawyer who goes inactive or retires keep a trust account open just to receive and process a former client's settlement checks?
No. The committee concluded that an inactive lawyer may not own or operate a trust account to hold client funds, because only a lawyer authorized to practice may be a signatory on an RPC 1.15A account…
When a private attorney is hired as a special assistant attorney general to pursue L&I's third-party claim, is the injured worker also the attorney's client?
No. The committee concluded that under the standard L&I agreement, the Department, not the injured worker, is the sole client, because the worker assigned the claim to L&I; the attorney may not pursue…
After mediating a divorce between two unrepresented spouses, can the lawyer-mediator prepare the court pleadings that carry out their agreement?
Qualified. The committee concluded a lawyer-mediator may write up the parties' agreement and may fill in blanks on a pleading form as the parties direct, but may not draft customized pleadings for bot…
What must a California civil-trial lawyer do when a client's witness has testified or will testify falsely?
Under California Formal Opinion 2019-200, an attorney may use evidence that is merely suspected to be false but must refuse to present testimony known to be perjured even on the client's instruction; …
When does a California lawyer become responsible for a profile on a third-party online directory or rating website?
Per California Formal Opinion 2019-199, an attorney becomes responsible for a third-party directory profile when the attorney 'adopts' or otherwise uses it to market the practice, at which point Rules…
May a California lawyer who must withdraw because the client's claim lacks merit try to settle the case before withdrawing?
Per California Formal Opinion 2019-198, yes. The attorney's duty under Rule 1.16(d) to avoid reasonably foreseeable prejudice may be satisfied by negotiating a settlement before withdrawal, provided t…
When can a California lawyer consult outside counsel or law-firm in-house counsel about a current client's matter without creating a conflict and what must the lawyer tell the client?
Per California Formal Opinion 2019-197, the act of seeking legal advice about ethical compliance is not itself a conflict and need not be disclosed; once the lawyer learns of an error that could preju…
Can a lawyer already representing a subcontractor against a contractor also represent the homeowners suing that same contractor, when the contractor may not have enough assets to pay both?
Yes, if the lawyer works through Rule 1.7. There is no direct adversity, but the contractor's possibly insufficient assets may create a material-limitation conflict under Rule 1.7(a)(2); if so, the la…
Can insurer-retained defense counsel appear for and defend an insured who cannot be located, acting on the insurance carrier's instructions?
Yes. If the insurance contract gives the carrier the right to retain counsel to defend claims against the insured, counsel may appear and conduct the defense of a missing insured on the carrier's inst…
Can an Illinois lawyer outsource legal or support work to lawyers and nonlawyers outside the firm, and is client consent required?
Yes, with conditions. The opinion concludes a lawyer may outsource legal and support services if she reasonably believes they will be competent and ethical, protects client information, and avoids con…
Can a South Carolina lawyer own an interest in a cannabis business that is legal under some states' laws but illegal under federal law?
The Committee does not opine on questions of law, but cautions that participating in activities illegal under state or federal law, including owning an interest in a cannabis business, may constitute …
In a lawyer's own divorce, can the lawyer hand over client trust-account and billing records the spouse's attorney requests in discovery?
Not without a court order. The opinion concludes a lawyer may not produce client trust-account, ledger, and billing records in response to a discovery request absent a court order, and even then must …
Can a lawyer employed in a non-attorney capacity as a state-court case officer also run a limited real-estate and title practice on the side?
The committee concluded the Rules of Professional Conduct contain no express prohibition on dual practice or second occupations. Rule 5.7 supplies the framework: to the extent the case-officer job is …
Can a lawyer sell or advertise for sale a fee judgment against a former client, and what confidentiality limits apply?
Yes. A lawyer may sell a fee judgment against a former client and advertise it for sale, but may not disclose information related to the representation when doing so, because post-judgment sale to a t…
Can a lawyer help a client obtain third-party litigation financing during a case without violating the ethics rules?
Yes, with limits. The opinion concludes representing or assisting a client who obtains third-party litigation financing is not unethical per se, but the lawyer must preserve independent judgment, prot…
When a prior law firm asserts a charging lien on a settlement, how much must successor counsel hold in trust, and does Rule 1.5(e) fee-sharing apply?
Successor counsel must hold in trust an amount equal to the prior firm's charging-lien claim until the dispute is resolved, unless the claim is frivolous under applicable law. The matter is governed b…
Can class counsel agree to pay the class representative extra out of court-awarded fees if the representative's recovery is less than full damages?
It is risky. The opinion concludes such an agreement creates a substantial risk of an unwaivable Rule 1.7 conflict between the representative and absent class members, and in some circumstances could …
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.