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 a lawyer serve as both attorney and guardian ad litem for a minor in a dependency case?
The opinion concluded that a lawyer may serve as both attorney and guardian ad litem for a minor in dependency proceedings if no conflict arises, with the lawyer's first obligation owed to the child a…
Can salaried employees or in-house insurance defense lawyers, who are not partners, have their names appear in a law firm's name on the letterhead?
No. The Committee held that listing employees' or salaried in-house lawyers' names in a firm name implies a partnership; under RPC 7.5 lawyers who are not in fact partners may not hold themselves out …
Can a lawyer interview an expert witness retained by the opposing party without the consent of opposing counsel?
The opinion concluded that a lawyer may communicate ex parte with an adversary's retained expert witness without opposing counsel's consent, because the expert is a non-party witness and not a 'party'…
Must a lawyer who learns that another lawyer closed a deal with a known title defect and a false no-encumbrances affidavit report that conduct, and must the lawyer report a client's possible crimes?
The opinion concluded that a lawyer who knows another lawyer committed the apparent violations must report them to the State Bar, and that the rules do not require an attorney to report a party's poss…
What may a lawyer appointed conservator of a deceased lawyer's files do with old inactive files, and can the estate notify clients and then destroy unclaimed files?
The opinion concluded that the bar cannot bind the estate or the widow, but the conservator attorney must protect client confidences under Rule 4, should not transfer a case to another lawyer without …
Can an injured plaintiff's lawyer contact the unrepresented at-fault driver to take a statement and urge him to press his insurer to pay policy limits?
The opinion concluded that the lawyer may communicate with and take a statement from the unrepresented adverse driver and may tell him to consult his own counsel, but may not advise him to demand that…
Can a county attorney who occasionally advises the county Department of Social Services serve as guardian ad litem for abused or neglected children whose interests may conflict with DSS?
The opinion concluded that the county attorney may not serve as guardian ad litem in any proceeding in which the Department of Social Services is or may be involved, because advising DSS as county att…
When a partner retires and surrenders his license, may the firm keep his name, how must the letterhead show his status, and may the firm pay him a share of fees as a retirement benefit?
The opinion concluded that the firm may keep the retired partner's name in the firm name, must indicate on the letterhead that he is retired, and may pay him a percentage of fees as a retirement benef…
When a lawyer's deeds for a client turn out to be the wrong instruments and harm the original owners' title, what may the lawyer disclose and what must he do about the client's inaction?
The opinion concluded that the client's statements are confidential, but the lawyer is impliedly authorized to disclose the problem to the original owners and suggest corrective action unless the clie…
When two married lawyers practice at opposing firms in the same city, are the firms disqualified from adverse matters, and when do the spouse lawyers need client consent?
The opinion concluded that the firms are not disqualified and need no screen; the related-lawyer rule bars only a spouse from directly representing an interest adverse to the other spouse's client wit…
Can a group of lawyers hire a for-profit corporation to advertise their availability and refer responding clients to them for a fixed annual fee?
The opinion concluded that lawyers may use a for-profit corporate advertising and referral agent if the conditions of Rule 2.2 are met: the agent's fee is reasonable, ads are paid from the lawyers' fe…
Can a lawyer appear before a municipal judge who was his former law partner, where the firm still owes the judge a buyout and leases offices from him?
No. The Committee concluded that, absent permission from the Chief Justice, none of the lawyers in the firm may appear before the municipal court judge, given the family relationship and continuing fi…
Which older Florida ethics opinions on lawyer advertising and solicitation are no longer good authority?
The opinion withdrew a long list of pre-1978 committee opinions touching advertising and solicitation as obsolete, recognizing that the constitutional and rule changes following Bates had overtaken th…
Can a prosecutor arrange for a third party to secretly tape a represented suspect without the suspect's lawyer's consent?
The committee concluded it is improper for a commonwealth's attorney to communicate with a represented, uncharged suspect through a taping intermediary, or to have police implement such a taping plan,…
Can a lawyer advise a divorce client to destroy phone bills the other side has not requested?
Under former EC 7-24, the committee found it not improper to advise a divorce client to destroy telephone bills she was under no obligation to produce. The committee note warns that current Rule 3.4(a…
When can a law firm return, destroy, or charge for storing a former client's closed file?
The opinion concluded a firm may return a closed file to a client who can responsibly receive it, may destroy a file only if it has no reasonably useful information for the client, and may not charge …
May a divorce lawyer take a lien on community funds for fees after the preliminary injunction issues?
The opinion concluded that, because no appellate court had decided whether the dissolution preliminary injunction under A.R.S. 25-315 bars paying or securing attorney fees from community property, a l…
Can a law firm supervise a company that represents employers for a fee before a state agency tribunal?
The opinion concluded there was no advertising or fee-splitting problem, but that whether a corporation may be an 'authorized agent' appearing for a fee before the Department of Economic Security unde…
Can a lawyer who served as substitute trustee at a non-judicial foreclosure sale, selling the property to the lender-client, later make an offer to buy that same property from the lender?
The opinion concluded that an attorney who acted as substitute trustee at a non-judicial foreclosure sale and sold the property to the lender-client may later offer to purchase that property from the …
Could a city alderman, city judge, city attorney, city prosecutor, or county sheriff's-department lawyer, or their law partners, represent private clients in courts or matters where officers of their governmental employer were witnesses?
Vacated; set aside the next year by Opinion 86-F-107(a). As originally issued, the opinion adopted strict per se prohibitions: lawyers serving as city alderman, city judge, city attorney, city court p…
Can a Tennessee lawyer withhold a client's file or documents to force payment of a disputed fee?
The opinion concluded that an attorney may assert a common-law attorney's lien on a client's documents to secure payment of legal fees, but only as a last resort, after seeking other reasonable means …
Did the U.S. Supreme Court's decision in Evans v. Jeff D. change Tennessee's ethics guidance on settlements that condition relief on a waiver of the plaintiff's attorney's fees?
No. The Board readopted its prior opinion's conclusion, in 85-F-96, that settlement negotiations including attorney's-fee provisions are not inherently improper if counsel fully advises the client, ad…
Can a lawyer pay for a client's medical records after the client has moved to new counsel, if the client stays ultimately responsible?
The committee concluded it is not improper to pay the cost of medical records the lawyer requested for a client who has since retained other counsel, provided the client remains ultimately responsible…
Can a lawyer report a client to a credit bureau to pressure the client into paying an unpaid fee?
The opinion concluded a lawyer may not refer a client's identity and delinquent-fee information to a credit bureau except with the client's knowing consent, because it may be an unauthorized disclosur…
Does a lawyer still have to report another lawyer's misconduct if someone else may already have reported it?
The committee concluded a lawyer's obligation to report a Disciplinary Rule violation persists even when the lawyer believes another party has already reported the misconduct. It was decided under Vir…
Must a lawyer serving as an administrative hearing officer prevent a nonlawyer from representing a party, and what does the duty require?
The opinion concluded that a lawyer must take appropriate action to prevent unauthorized practice; a hearing officer must refuse conduct that clearly is unauthorized practice, but where the question i…
Can a part-time county attorney who is partly paid by the state sue a state department for a private client?
Yes, with consent. The opinion concluded that because a part-time county attorney represents the state on a limited civil basis, the suit creates a Rule 1.7 conflict that can be cured by obtaining the…
Can a group of law firms incorporate to share expertise and split referral fees, and pay a percentage of fees to the shared entity?
The committee found no ethical bar to a group of firms incorporating to share expertise and refer matters, with fees split between referring and working attorneys on client disclosure and consent, and…
Can a lawyer who serves on a city council, or the lawyer's partners, litigate against the city or defend criminal cases in which city police officers testify?
The opinion concluded that a lawyer serving as a city councilor (and the lawyer's partners and associates) may not litigate against the city, but may defend criminal cases in which city police officer…
Can an insured direct the lawyer hired by their liability insurer to refuse to defend a claim, and what must the lawyer do if the client wants to feign a defense?
The opinion concluded the insured is the lawyer's client and may insist the lawyer refuse to cooperate with the insurer and assert every honest defense or none, but may not require the lawyer to feign…
Could a Tennessee county commissioner who is also a lawyer represent criminal defendants prosecuted by the county's own law enforcement officers?
As originally issued, the opinion concluded that an attorney serving as an elected county commissioner could not represent criminal defendants prosecuted by county law enforcement officers, because th…
When is a lawyer's new representation adverse to a former client too closely related to the earlier representation to be ethical?
The opinion held that representing a party adverse to a former client is improper only if a substantial relationship exists between the former and present matters, determined by examining the scope an…
When a paralegal or legal secretary leaves a firm to work for opposing counsel, what are the two firms' duties, and is the hiring firm disqualified?
The opinion concluded that a hiring firm is not automatically disqualified when it hires a nonlawyer who worked for opposing counsel, but the hiring firm must not seek or use the former firm's client …
Can a law firm list paralegals and legal assistants on its letterhead and give them business cards with the firm name?
The opinion concluded that nonlawyer employees may be listed on a law firm's letterhead with titles signifying their nonlawyer status, and may be issued business cards bearing their name and title wit…
Can a lawyer sign a confession of judgment for the defendant when a partner in the same firm represents the plaintiff?
The opinion concluded no; the plaintiff's lawyers have a financial interest in the confession of judgment, so neither they nor their firm may represent the defendant, because one firm cannot adequatel…
Can a lawyer who won property for a divorce client later represent that client's new spouse in a divorce that would strip away the same property?
The opinion concluded no; the lawyer should decline, because attacking the property the firm had earlier secured for the former client would injuriously affect her in the very matter the firm once han…
Can lawyers in a firm defend criminal cases in a county where their partners serve part-time as prosecutors on unrelated juvenile matters, and can the public entity consent?
The opinion concluded yes with informed consent of each client, and held that a public entity is not categorically barred from consenting where partners of a part-time public lawyer take unrelated mat…
Can a lawyer who was abruptly discharged by a client he believes is incompetent initiate a conservatorship or other protective proceeding for that client?
Qualified yes, but only in extreme cases. Where there is substantial evidence of incompetency, undue influence, or prejudice to the client's interests, the discharged lawyer may initiate a conservator…
Can a Kentucky lawyer join a for-profit national lawyer referral service that selects the referred counsel, even if participating lawyers pay no fee?
No. Under the 1969 Code as applied literally, a lawyer may not participate in a for-profit referral service that selects referred counsel unless the service is bar-operated, sponsored, or approved, an…
Can a Kentucky lawyer provide services through, and promote, a prepaid legal services plan?
Qualified yes. A lawyer may furnish legal services to a prepaid-plan member only if the plan complies with SCR 3.476, and may conduct promotional activities only as permitted by SCR 3.476(d) and the a…
Can an Arizona lawyer form an interstate partnership with an out-of-state firm, and what must the joint letterhead disclose?
The opinion concluded that an Arizona lawyer may join an interstate partnership if the letterhead clearly discloses each lawyer's jurisdictional limitations and the firm is a genuine, unified partners…
Can a lawyer charge interest on overdue invoices when there is no written fee agreement?
The opinion concluded that, absent a written fee agreement or the client's consent after notice with an opportunity to bring the account current, a lawyer may not charge interest on delinquent invoice…
Can a Colorado lawyer send a newsletter about legal developments to clients and prospective clients, and must the lawyer disclose if someone else wrote it?
The opinion concluded that a lawyer may send a newsletter on current legal developments to existing clients and to non-clients, even where pecuniary gain is a significant motive, so long as it contain…
Can a lawyer act as in-house counsel for a mortgage company and, in that role, represent the lenders or borrowers in closing the company's loans?
No. The opinion concluded that house counsel for a loan originator with no proprietary interest could not represent the lenders or borrowers in closings, as that would be unauthorized practice by the …
Can a lawyer turn past-due client accounts over to a collection agency, including paying the agency a percentage of what it collects?
The opinion concluded that a lawyer may employ a collection agency for delinquent client accounts, even on a percentage basis, if the original fee was proper, the client was not known to be unable to …
Can a lawyer represent a client in a matter where the lawyer stands to buy the disputed property on favorable terms?
The committee concluded a lawyer with a personal financial interest in the disputed property must either decline the representation or proceed only after disclosing that interest, particularly the fav…
Can a defense lawyer take criminal cases in a court where the lawyer's spouse serves as a prosecutor?
The committee concluded a defense attorney whose spouse prosecutes welfare fraud in the same courts may defend criminal cases generally, but may not defend the welfare fraud cases the spouse prosecute…
Can a lawyer serve at the same time as a township solicitor and as part-time attorney for the county welfare board?
Yes, on these facts. Reconsidering Opinion 568 with fuller information, the Committee concluded its earlier finding was wrong: the municipal and county public-assistance functions are separate, so the…
Can a lawyer borrow money in the firm's name to advance to a client, or guarantee a client's loan, while the client's lawsuit is pending?
No. The opinion concluded that borrowing to advance funds to a client or guaranteeing a client's loan is prohibited financial assistance under Rule 1.8(e) and acquires a proprietary interest in the li…
Could a Tennessee criminal defense lawyer secretly record a conversation with a witness or another party if one party to the conversation consented?
Vacated. As originally issued, the opinion rescinded Formal Ethics Opinion 81-F-14 (which had adopted ABA Formal Opinion 337's rule that secret recording is dishonest conduct under DR 1-102(A)(4)) to …
Is a lawyer on a contingent fee required to handle an appeal after losing at trial without charging more?
The opinion concluded that whether a lawyer must handle an appeal depends on the scope of the retainer agreement, a question of law; if the contract requires it the lawyer has an ethical duty under DR…
Can a lawyer act as escrow agent in a deal while also representing one of the parties, and who gets the interest on escrowed funds?
The opinion concluded that a lawyer may serve as escrow agent and represent one party in the same transaction only with the fully informed consent of all parties, must safeguard the funds under the tr…
Can a lawyer hire, or have a client hire, a witness-finder agency whose fee is contingent on the case outcome, even though the expert's own fee is fixed?
The opinion concluded no; paying a witness-finder agency a fee contingent on the outcome is an improper circumvention of the bar on outcome-contingent witness compensation, even though the expert's ow…
Can a part-time assistant state's attorney who handles only civil matters, and the lawyer's firm, defend criminal cases in other counties?
The opinion concluded yes; where the lawyer's public work is confined to civil matters and the firm does no criminal work in that county, the lawyer and partners may defend criminal cases arising in o…
Do a lawyer's past political activity, prior county clerkship, and spouse's job with a county supervisor create a conflict barring practice before the board?
The opinion concluded that the lawyer's past political support of board members, his prior clerkship and board service, his friendships with officials, and his wife's employment as a supervisor's assi…
Can a lawyer who is also a shareholder or house counsel of a company collect a real estate broker's commission on the sale of the company's property?
Sometimes. An attorney-shareholder may act as attorney and broker on the corporation's sale only after full disclosure and the informed consent of the corporation and all stockholders. But where couns…
Can a lawyer who represents a party in a real estate deal also act as agent for the title insurer and keep part of the title insurance premium?
The opinion concluded that a real estate lawyer may also act as title-insurance agent and share in the premium only if the arrangement is legal, no prohibited conflict exists, all parties consent afte…
Can a lawyer agree to a client's contingent-fee contract with a medical consulting service that supplies experts and bars reuse of them?
The opinion concluded that a lawyer may not acquiesce in or recommend the contingent-fee contract presented. The lawyer cannot supervise the independent service as ER 5.3 requires, the agreement's bar…
Can a lawyer directly contact the employees of an adverse corporation to investigate the case?
The committee concluded it is improper to directly contact an adverse corporation's employees who are part of its 'control group,' meaning those who can commit the corporation to specific causes of ac…
Can a company hire a lawyer licensed only in another state as in-house counsel in Alabama without that lawyer passing the Alabama bar?
The opinion concluded an attorney admitted in another state but not in Alabama may work as a corporation's full-time in-house counsel doing legal work exclusively for the employer without committing t…
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.