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 is a state legislator or county board member represent private clients in cases where employees of that same governmental unit testify?
The opinion concluded there is no per se prohibition against a lawyer-legislator or lawyer-county board member representing persons in Children's Code or Public Assistance proceedings in which employe…
Can a county child support (IV-D) director represent a custodial parent in a support case after representing the opposing party, or while representing the spouse of a new marriage against a former spouse?
The opinion concluded a IV-D director may not represent a custodial parent against a party the attorney previously represented on substantially the same issues, because representation against a former…
If an assistant district attorney is married to a deputy sheriff in the same county, must the prosecutor treat cases the spouse investigated differently?
The opinion concluded that an assistant district attorney need not treat cases investigated by a deputy-sheriff spouse differently from cases investigated by other law enforcement personnel, provided …
Can a lawyer testify for impeachment when another lawyer in the same firm is trying the case?
The committee concluded that RPC 3.7 would prohibit a lawyer in a firm from testifying for impeachment purposes in a case in which another lawyer from the firm was the trial advocate, but the Rules wo…
Can a lawyer represent a husband in post-dissolution proceedings when the lawyer's former firm once consulted the wife, if the lawyer learned no confidences?
The committee concluded that a lawyer who was formerly with a firm the wife had consulted about a dissolution, but who gained no confidences, was not prohibited by RPC 1.10(b) from representing the hu…
Can one lawyer cover another lawyer's practice, including phones and yellow-page ads, while that lawyer is on sabbatical?
The committee concluded that nothing in the proposed plan, under which one lawyer would maintain the absent lawyer's phones and yellow-page advertising while telling callers the lawyer was on sabbatic…
Can a lawyer sell a client's property in the lawyer's possession to satisfy a judgment for unpaid fees?
The committee concluded that a lawyer could not sell client property in the lawyer's possession and apply the proceeds to a fee judgment without the client's consent or other lawful authority to conve…
Can a lawyer accept gift coupons from a vendor's bonus program for buying the vendor's products?
The committee concluded that bonus incentive coupons a corporate-kit vendor gave to lawyers who bought its products did not constitute 'compensation,' so participating in the program would not violate…
Can a lawyer keep client funds in the office instead of depositing them in a trust account?
The committee unanimously concluded that RPC 1.14 absolutely prohibits handling client funds in any way other than the rule permits, so a lawyer may not keep client funds in the office and must deposi…
If a law firm hires a lawyer from a public defender office that represented an adverse co-defendant, must the firm withdraw?
The committee concluded that under RPC 1.10(b) a firm representing a criminal defendant on appeal had to withdraw if it hired, as an associate, a lawyer who had represented the co-defendant who testif…
Can a lawyer get a former client to release a malpractice claim while tendering disputed fee money?
The committee concluded that under RPC 1.8(h) the lawyer could not settle a malpractice claim with a former client without first advising in writing that independent representation is appropriate, and…
Can a settlement require a lawyer to agree not to sue the defendant again, and can a separate agreement do the same?
The committee concluded that RPC 5.6(b) bars an agreement not to sue a defendant as a condition of settlement, in or outside the settlement document; a truly independent agreement not to represent par…
After a partner leaves a two-lawyer firm, can the remaining lawyer keep using the departed lawyer's name in the firm name?
The committee concluded that once the lawyer took a position with a legal services agency, the firm could not continue to use his name, because doing so would be misleading and would violate RPC 7.5(d…
Can a lawyer oppose a person who was the codefendant of a prior client, when the lawyer never gained that person's confidences?
The committee concluded that, because the lawyer represented a co-defendant who had a cross-claim against A and shared no confidences or secrets of A, the rules would not prohibit the lawyer from now …
Can a freelance contract lawyer work for two lawyers who frequently oppose each other in family law cases?
The committee concluded the arrangement was permissible because the contract lawyer would not work on cases where the two lawyers were adverse; the lawyer had to guard against disclosing confidences a…
Does a law firm need to treat an in-house account for its employees' own funds as a client trust account?
The committee concluded that an in-house account holding only law-firm employees' funds, with no client money in it, did not present an ethical question; it raised but did not answer whether depositin…
Can a firm sue someone its lawyer once defended on a DWI charge, when the new auto-accident case arises from related facts?
The committee concluded that the prior DWI representation was substantially related to the auto-accident suit, so under RPC 1.9 the firm could not continue representing the plaintiffs without the form…
Can a lawyer who represented both spouses now represent the wife in seeking a guardianship over her disabled husband?
The committee reached no definitive answer, but discussed that RPC 1.9(b) would bar the representation if it would use confidences or secrets about the husband from the prior work; it saw the guardian…
Must a lawyer give the client a prior lawyer's file the lawyer is holding, even if the client wants it to sue the prior lawyer?
The committee concluded that the lawyer should turn over the entire former-lawyer file that was given to the lawyer without restriction, because the client had paid for the work it represents and the …
In a fee-shifting case, can a lawyer charge a contingent fee that exceeds the reasonable attorney's fee the court awards?
The committee concluded it is not per se unethical to propose or enforce a contingent fee set as a percentage of the client's total recovery, even if it exceeds the court's statutory fee award, becaus…
Can a firm keep a lawyer's name in the firm name when that lawyer also works full time as a government hearing officer?
The committee concluded that a lawyer who continues to practice with the firm between eight and twenty hours a week while employed full time as a hearing examiner would appear to be 'actively and regu…
Can a firm sue a former client on a matter unrelated to the work it once did for that client?
The committee concluded that, because the firm's prior representation of the developer was unrelated to the new suit against him, the firm could represent the new client provided the representation wo…
When an insurer hires a lawyer to defend its insured, can the insurer direct the lawyer to file a motion the insured has not approved?
The committee concluded that, under RPC 5.4(c), a lawyer representing an insured must follow the client's instructions rather than the carrier's, so the lawyer could move for summary judgment at the c…
Can a legal services program share client information with the agency that funds it, and may it report client statistics?
The committee concluded that a legal services program could not extend the attorney-client privilege to its contracting agency or disclose client confidences without consent, but could provide summary…
Can a lawyer write directly to a represented adverse party, and does RPC 8.3 require reporting another lawyer's misconduct?
The committee concluded that RPC 4.2 made it improper to contact a known-represented adverse party directly absent the other lawyer's consent, and that RPC 8.3's use of 'should' does not require a law…
Can a proposed appointment system for juvenile court cases comply with the rules on conflicts and fee division?
The committee concluded that the proposed appointment program appeared fully consistent with the Rules of Professional Conduct, noting it appeared to account for the conflict-of-interest requirements …
Does a prosecutor's duty not to charge without probable cause line up with the statutory standard for filing a death-penalty notice?
The committee reached only a tentative opinion that the death-penalty notice standard in RCW 10.95.040 is the equivalent of RPC 3.8(a)'s requirement that a prosecutor refrain from prosecuting a charge…
Can a Washington lawyer keep a client trust account at a brokerage house instead of an insured bank?
The committee concluded that RPC 1.14(c)'s requirements are mandatory and cannot be waived by a client; a lawyer using anything other than an insured bank, credit union, or savings and loan must confi…
Can a lawyer represent someone harmed by a former client, when the new case turns on the former client's conduct?
The committee concluded that RPC 1.9 would let the lawyer take the new representation only with the former client's consent after full disclosure; because obtaining that consent could be detrimental t…
Can a lawyer contact the heirs of a deceased contract party directly to pass along the client's proposal?
The committee was unanimously of the opinion that a lawyer representing the purchaser on a real estate contract with a now-deceased party may contact the deceased's heirs directly to communicate the c…
If a contingent-fee client disappears after paying advance costs, can the lawyer just withdraw and keep the money?
The committee concluded that the lawyer could not simply make reasonable attempts to contact the client, withdraw, and retain the advance costs as earned fees; RPC 1.13 would require establishing a gu…
If a former client is spreading false statements about the firm, can the lawyer reveal the client's confidences to respond?
The committee concluded that RPC 1.6 would not permit revealing the former client's confidences or secrets, but the lawyer could send a letter (including to others) stating that the client's statement…
Can a lawyer print a business card that identifies the lawyer as both an attorney and a real estate agent?
The committee concluded that a card may identify the lawyer as both an attorney and a real estate agent if both are true, but RPC 7.4 bars the phrase 'specializing in land sales and development,' and …
Can a lawyer designate another lawyer to take over contacting clients if the lawyer becomes unavailable for an extended period?
The committee concluded that a lawyer could name another lawyer to be responsible during an extended absence, where that lawyer would simply contact the clients and tell them to find new counsel; exce…
If two people with adverse claims arising from one person's death each consulted the same firm, can the firm represent either of them?
The committee concluded that RPC 1.9 prohibited any lawyer in the office from representing either potential claimant, because the office had an attorney-client relationship with each side and might re…
Can a Washington lawyer charge a probate fee set as a percentage of the estate's value and split it with another lawyer?
The committee concluded that a fee set solely as a percentage of the estate's value is not a contingent fee; before any fee-splitting agreement, the lawyer must comply with RPC 1.5(e) on dividing fees…
Can a parent direct a lawyer to stop representing the parent's minor child, and what should the lawyer do?
The committee concluded that, guided by RPC 1.13, the lawyer should withdraw and may seek appointment of a guardian for the minor child; if the guardian then chose to re-employ the lawyer, the rules w…
Which state's trust-account rules apply when a lawyer practices in more than one state?
The committee concluded that the trust-account rules do not resolve conflicts between different states' rules for multi-state practitioners, but that, generally, if trust funds accrue from a lawyer's …
Can a lawyer who formed and represented a closely held corporation or partnership take a matter adverse to its owner or in a partnership dissolution?
No. The committee concluded that a lawyer who formed and represented a one-shareholder professional services corporation cannot represent others in a dispute with its owner, who could reasonably belie…
Can a Washington lawyer prepare a will that names the lawyer as a beneficiary or as executor?
The committee concluded that RPC 1.8(c) prohibits a lawyer from preparing an instrument giving the lawyer or a close relative a substantial gift unless the client is related to the lawyer, but that no…
Can a lawyer serve as the trustee in a deed-of-trust foreclosure while also representing the lender (beneficiary)?
The committee concluded that a lawyer-trustee who also represents the beneficiary can serve both roles only when the trustee's duty to the grantor does not materially limit the representation of the b…
Can a lawyer use an outside advertising service that runs a toll-free number, takes calls, and forwards messages to the lawyer?
The committee concluded that nothing in the Rules of Professional Conduct would prohibit a Washington lawyer from participating in the proposed advertising service, under which an advertising firm pro…
Can a West Virginia prosecuting attorney later represent, in private practice, a person the prosecutor previously investigated for criminal charges?
Not when the later private matter is connected to the earlier investigation. LEI 86-3 concluded a prosecutor should not have taken a former criminal client's fee-dispute case because that civil litiga…
Can a law firm hold an educational seminar for clients and non-clients, hoping it brings in business, without it counting as prohibited solicitation?
The committee concluded that a law firm may hold an educational seminar for a mixed audience of clients and non-clients, and mail a brochure inviting them, without violating the solicitation rules, so…
Can a town's lawyer represent both the town and its police officers as co-defendants in a Section 1983 civil rights lawsuit?
The committee concluded that a town attorney may jointly represent the town and its officers in a Section 1983 suit only if it is objectively obvious he can adequately represent both and each consents…
Can a lawyer being sued for malpractice by a client keep representing that same client on other, unrelated matters?
The committee concluded that a lawyer sued for malpractice by a longstanding client is not subject to a per se bar on continuing to represent that client on unrelated matters or taking new ones, but o…
Can a Washington lawyer make telephone calls or send mass-mailed brochures soliciting business from people the lawyer has no existing relationship with?
The committee concluded that the Code's DR 2-102, and the solicitation rule (RPC 7.3) then being proposed in Washington, would prohibit telephone solicitation of business from entities the lawyer had …
Can a prosecutor have police interview a jailed represented defendant about another person's crimes without the defense lawyer's consent?
The committee concluded that such an interview about an unrelated matter would not violate RPC 4.2 unless the prosecutor, or an officer acting at the prosecutor's direction, led the defendant to belie…
Can a law firm put its non-lawyer business administrator's name on the firm's outside sign?
The Committee concluded that a law firm may list a non-lawyer business administrator on its outside sign only if the person is designated as 'business administrator' and the sign also indicates that t…
Can a law firm put a legal assistant's name and certification on its letterhead if it also notes the person is a legal assistant and not licensed to practice law?
The Committee concluded that the Code does not prohibit an accurate and dignified listing of a legal assistant's name and any certification on the firm's letterhead, with a designation that the person…
Can a lawyer join a barter exchange that gives the lawyer's name to other members and keeps part of the lawyer's membership fees and trade credits?
The Committee concluded that an attorney may not participate in a barter exchange that provides the attorney's name to other members on request while the attorney pays the exchange membership fees and…
Can a lawyer who was famous in TV and radio under a stage name practice law under that stage name, or add it as an 'also known as' to his legal name?
The Committee concluded that the attorney must practice under his legal name and may not use the assumed name, because DR 2-102(A) prohibits practicing under a trade name or a name misleading as to th…
Can a lawyer charge a flat amount for a traffic-ticket case where the lawyer pays any fine out of that amount and keeps whatever is left?
The Committee concluded that an attorney may not enter into either fee arrangement, because the lawyer's net fee depends on the outcome of the case, making it a prohibited contingent fee in a criminal…
Can the lawyer who takes over a case pay the original lawyer, who was disbarred during the appeal, a share of the contingent fee or quantum meruit?
The Committee concluded that, where the original attorney was disbarred before completing a contingent fee contract, paying him on the contract or in quantum meruit would violate DR 3-102, because und…
Can a lawyer charge a non-refundable retainer, and can the lawyer always keep it?
The Committee concluded that a non-refundable retainer is not unethical per se, but a fee is not earned simply because it is labeled non-refundable; a true retainer that secures availability may be ea…
Can one lawyer in a district attorney's office defend a colleague from that office in a federal suit when a lawyer in the office will be a witness?
The Committee concluded that an attorney in a district attorney's office may represent a colleague who is the defendant if no office lawyer other than the defendant is expected to be a witness; but if…
With client consent, may a lawyer have the interest on client trust funds paid to a charitable or trade-association tax-exempt entity instead of to the state IOLTA program?
Only partly. The committee concluded that, with the client's written consent after full disclosure, a lawyer could cause interest on nominal or short-held client funds to be paid to a third-party enti…
Can a lawyer represent a client both individually and in his capacity as executor of an estate when both the client and the estate are defendants who might shift liability to each other in the same lawsuit?
The opinion concluded that, because the client and the estate were co-defendants who might each try to shift liability to the other, the lawyer could not represent both; the executor could not validly…
When a lawyer moves to a new firm, is that firm disqualified from a matter against a client of the lawyer's old firm, and can screening the lawyer off avoid disqualification?
The opinion concluded the new firm is not disqualified unless the matter is the same or substantially related to one the old firm handled while the lawyer was there, and even then only if the lawyer h…
Can a lawyer co-sign or guarantee a bank loan covering a client's living expenses when the loan is to be repaid from the client's pending, unliquidated claim?
The opinion concluded it was improper for the attorney to guarantee a client's promissory note when repayment was anticipated from an unliquidated claim the attorney was handling, because Rule 5-103(B…
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.