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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Did serving as prosecutor for one city and judge for another in the same county itself create a lawyer-ethics conflict?
The opinion found no conflict from that general arrangement under the lawyer rules, while recognizing possible case-specific conflicts. It expressly left judicial-conduct questions to the judges'…
Must a lawyer report another lawyer who used the first lawyer's signature to appear in a state where the other lawyer was unlicensed?
Yes. On the stated facts, the opinion required a report to the Chief Disciplinary Counsel under Rule 4-8.3(a).
Could an investigator's undisclosed recording of a witness affect the hiring lawyer under the ethics rules?
Yes. The opinion answered that Rule 4-8.4(a) and (c) implicated the lawyer even when the investigator was an independent contractor and the lawyer had not directed how statements were taken.
Did a limited pro forma filing for a former client bar a later similar case that would harm that client?
Yes. The opinion found a Rule 4-1.9(a) conflict even though the earlier work was minimal; the former client could waive it after full disclosure.
What did this historical opinion require when a third party disputed arbitration funds held in trust?
After a reasonable opportunity for the parties to resolve the dispute, the opinion said the lawyer had no option but to interplead the funds. The official page says its Rule 4-1.15 analysis predates…
Could a lawyer who left a firm practice from home while continuing to use the firm's letterhead?
The opinion permitted home practice but allowed firm letterhead only with an active firm relationship and a genuine firm practice location. After complete withdrawal, the lawyer had to use the home…
Did a shared municipal judge create a conflict for a city prosecutor defending cases in another city?
No, on the stated facts. The opinion assumed the prosecutor and judge had only the ordinary lawyer-judge relationship; a closer relationship would create a conflict.
Could a lawyer issue title abstract opinions as an abstract-company employee or for a title insurer?
The opinion rejected client opinions through an abstract-company job but allowed independent client work on unpaid referrals and employment to advise a title insurer as the client.
Could defense counsel continue for one codefendant after discussing case facts with the other?
No. The opinion treated the discussion as creating an attorney-client relationship with the other codefendant and required withdrawal from the first defendant's case under Rule 4-1.9(a).
Did Rule 4-3.7 bar trial counsel from testifying only about a prior statement on attorney fees?
Not if testimony was limited to the lawyer's statement to the court about whether the client sought fees. The opinion left other testimony and the court's disqualification discretion open.
Could a former prosecutor defend unrelated cases or sue a local officer over official conduct from the prosecutor's tenure?
The opinion found no conflict in unrelated criminal defense on the stated facts, but found a nonwaivable conflict in suing a municipal officer over official conduct during the prosecutor's tenure.
Could a lawyer keep pending criminal defense cases after becoming an assistant or case-specific special prosecutor?
The opinion barred state-court defense for an assistant prosecutor under Rule 4-1.7(a), with an additional firm conflict under Rule 4-1.10 if the prosecutor remained a member. A case-specific…
Could a former assistant prosecutor defend a case in which the lawyer filed the felony charge but had little further involvement?
No. The opinion applied Rule 4-1.9, barred representation in the filed-charge case, and said the state could not waive the conflict.
Could defense counsel attend a witness's interviews with police or prosecutors at the witness's request?
Yes, solely to represent the defendant. The opinion required clear notice that counsel did not represent or advise the witness, directed referral to separate counsel for personal advice, and called…
How did the opinion assess an ad claiming defense against 'unjust' claims and total damages recovered?
It said 'unjust' was probably not readily verifiable under Rule 4-7.1(e) and that a general total-recovery claim usually created unjustified expectations under Rule 4-7.1(c). The remaining ad was…
Could a suspended lawyer remain counsel in a case with no expected activity during a six-month suspension?
No. The opinion required withdrawal under Rule 5.25 and said reinstatement after the suspension period was not automatic under Rule 5.26.
Could county special counsel defend local criminal cases and pursue a zoning case against the county?
On its assumption of case-specific special counsel with no ongoing county relationship, the opinion found no conflict in either matter. General counsel would have to withdraw from the zoning case;…
Could a lawyer who represented a husband in divorce later represent the wife in modifying child support from that case?
Only if the former husband consented after full disclosure. Otherwise, the opinion said the wife's representation would violate Rule 4-1.9(a).
Under this historical opinion, could counsel use a newspaper ad to solicit contact from former nonsupervisory employees of a corporate defendant?
The opinion said nonsupervisory status and employee-initiated contact alone did not avoid Rule 4-4.2; employees whose admissions bind the employer or whose acts are imputable could still be off…
Could a lawyer pay a nonprofit referral service a percentage of fees from a referred case?
Yes. The opinion cited Rule 4-7.2(c)'s allowance for the usual charges of a nonprofit lawyer referral service or other legal-service organization.
Did this historical opinion permit ex parte contact with former nonmanagement employees?
It gave no definite answer because the facts were insufficient and Rule 4-4.2's employee categories raised legal as well as ethics issues. The official page warns that former-employee guidance later…
Could a mayor's law firm defend municipal cases, sue the city, or represent the city?
The opinion barred municipal defense and suits against the city. It allowed firm members to represent the city only if the mayor took no part in choosing their services and received no share of those fees.
Could a lawyer send an investigator to contact witnesses whom the lawyer could not contact ex parte?
No. The opinion applied Rules 4-5.3 and 4-8.4(a) to prohibit directing or permitting an agent to do what Rule 4-4.2 barred the lawyer from doing.
What happened to opposing pending cases when two adverse lawyers formed one firm?
Both lawyers had to withdraw unless both clients consented to one lawyer continuing for one side; both could not remain. A guardian ad litem appointment also had to end, while a separate former-firm…
Could a firm display its initials on signs, stationery, business cards, and other materials?
Yes. The opinion approved the firm's proposed use of its initials on signs, napkins, cups, business cards, stationery, and similar items.
Could a contingent fee contract say the client will not unreasonably refuse a reasonable settlement?
Yes. The opinion allowed the clause but said it did not let the lawyer decide reasonableness alone or settle without the client's express authority.
How did the opinion assess a free-living-will seminar ad calling living trusts 'revolutionary' and 'risk-free'?
The free-will invitation itself did not violate the rules, though it raised a possible in-person solicitation concern. The opinion questioned the accuracy of 'revolutionary' and 'risk-free' for…
What must counsel assess before bringing a worker's claim against a company the lawyer formerly represented?
Under Rule 1.9(b), the lawyer had to determine whether the lawyer or any firm member obtained information from the former company representation that could be used to its detriment. The opinion said…
Could a lawyer represent an accident plaintiff when a firm partner witnessed the accident?
Yes. The opinion said Rule 4-3.7(b) might permit representation even if the partner testified, but required the lawyer to ensure neither lawyer's personal interests impaired professional judgment…
Could a lawyer for two companies join the board of their new joint venture?
Yes. The opinion allowed the board seat but required the lawyer to explain to both clients that the role would prevent representation of either in disputes arising from the venture.
Could a lawyer distribute an approved brochure through the office and other businesses?
The opinion approved the brochure and described distribution, provided nothing of value was paid to other businesses. It did not approve uses that amounted to prohibited in-person solicitation.
Could lawyers share an office suite with a separate corporation in which they owned interests?
The opinion found no Rule 4-5.4 violation in the described arrangement, but required disclosure of lawyer-to-company referrals, barred company-to-lawyer in-person solicitation, and required…
Could a nonresident lawyer who paid Missouri's Rule 6.01(d) category-three fee practice in Missouri?
No. The opinion said that fee category was available only to lawyers who neither resided nor practiced in Missouri.
Could a lawyer's separate business corporation solicit legal clients for the lawyer?
No. The opinion treated every corporation-to-lawyer referral as prohibited in-person solicitation under Rule 4-7.3(b). Lawyer-to-corporation referrals required full relationship disclosure, client…
Could counsel represent a company and one shareholder after an opposing shareholder counterclaimed against that shareholder?
No. On the stated facts, the opinion found a conflict and required the lawyer to withdraw; it did not identify a numbered rule or describe a cure.
What did this historical opinion say about unpaid enrollment fees versus inactive status?
It distinguished suspended/delinquent status after nonpayment from voluntary inactive status by notice to the Supreme Court clerk. It described payment and reinstatement procedures, including a…
Did a personal-injury ad offering a free consultation need a contingency-fee disclaimer if it never mentioned contingent fees?
No. The opinion said Rule 4-7.2's contingency-fee disclaimer was unnecessary if the ad did not refer to a contingent fee or equivalent wording, even though the lawyer would accept such cases.
Could a lawyer testify when subpoenaed about a former client's possible fraud in an administrative hearing?
Without the former client's consent, the opinion required an administrative-law-judge order after confidentiality under Rule 4-1.6 was fully raised. It called for an order as limited as possible and…
Could a county commission lawyer's firm defend criminal cases or represent municipalities?
The opinion barred criminal defense in the county, allowed it in other counties, and allowed representation of municipalities within the county if their interests did not conflict with the county's.
Could a corporation indemnify in-house counsel against malpractice claims from work for the company or its employees?
Yes, under the specific facts and relationships stated. The opinion approved the proposed resolution under Rule 4-1.8(h), including defense fees and any judgment, without broader analysis.
Could a Texas lawyer negotiate from Texas with an insurer about a Missouri accident without a Missouri license?
Yes, if negotiations stayed in Texas and the lawyer did not misrepresent the ability to file suit in Missouri. The question assumed Missouri counsel would be affiliated if suit became necessary.
Under this historical opinion, could counsel contact former employees whose conduct might be imputed to an opposing party?
No. Relying on Pitts and Rule 4-4.2, the opinion treated employee function, rather than current or former status, as decisive. The official source warns that former-employee rule guidance later…
Could a lawyer send a prejudgment-interest demand directly to a represented defendant?
The opinion directed counsel first to ask opposing counsel to accept notice. Direct service was allowed if counsel refused, but barred if counsel agreed to receive it.
Could a lawyer pay a nonprofit service program a percentage of fees and allow it to inspect client billing records?
No percentage fee was permitted under Rule 4-5.4(a); a flat billing-service fee was allowed. Records access raised Rule 4-1.6 problems unless clients consented in advance after full advice about…
Could divorce counsel advise a client to volunteer evidence in the spouse's separate Social Security disability case?
Yes. The opinion gave that answer to the stated question without further conditions or reasoning.
Did an informational law newsletter to clients and prospects need an advertising disclaimer?
The opinion treated it as Rule 4-7.2 advertising, but not Rule 4-7.3 targeted advertising unless it dealt with an individual prospect or situation. A contingent-fee disclaimer applied if relevant;…
Which matters could a former assistant defender prosecute after joining the prosecutor's office?
Rule 4-1.11 barred prosecution of pending defender-office cases if the lawyer personally and substantially participated, including access to confidential information. Rule 4-1.9(b) barred…
Which criminal defendants could a former prosecutor represent, and did a prior divorce consultation affect later representation?
The opinion barred two categories of defense tied to the former prosecutor's county and allowed out-of-county conduct only without office involvement. It also barred representing either divorce…
Could firm lawyers defend municipal defendants while a partner advised that city by contract?
No. The opinion found a nonwaivable Rule 4-1.7(a) conflict because the city was a governmental client and separately pointed to possible statutory conflicts without deciding them.
Under Nebraska's former ethics code, could a lawyer charge an advance fee to a credit card before performing the legal services?
Yes. The 1995 opinion modified Opinion 81-2 to permit credit-card charges for advance fees, provided funds for future services or client expenses were deposited in the lawyer's trust account.
Must a South Carolina lawyer file every mass solicitation letter with the Board, or only those sent to people known to need legal services?
The committee concluded that although Rule 7.3(d) is ambiguous, the reasonable reading is that the filing requirement applies only to written solicitations subject to Rule 7.3(c), meaning those…
Can a South Carolina lawyer run a separate non-legal business under the law firm's name and deposit its income in the firm operating account?
The committee concluded the Rules do not bar depositing the side business's commissions in the firm's general operating account (but not the trust account), so long as the lawyer carefully accounts…
Under Nebraska's former ethics code, could a lawyer pay a commercial internet directory that routed users by location and practice area?
No. The 1995 opinion treated the paid online shopping-mall directory as a for-profit referral program rather than the lawyer's own advertising or a nonprofit referral service.
Can a close family member of a district attorney defend criminal cases prosecuted by that DA's office?
The committee concluded a DA's family member is not automatically disqualified from defending criminal cases in the DA's county, and client consent after full disclosure usually cures any conflict;…
When a client disputes a medical lien on settlement proceeds, can the lawyer set a deadline for the lienholder to act and then pay the client?
The committee concluded a lawyer holding settlement proceeds subject to a valid assignment or lien may not impair the third party's rights by imposing a time limit on enforcement, and may not…
Does hiring a lawyer from an opposing firm disqualify either firm when that lawyer never worked on or learned anything about the disputed cases?
The committee concluded Rule 1.9(b) disqualifies a migrating lawyer only when the lawyer has actual knowledge of confidential information; where the lawyer acquired no information about the matter…
Can a South Carolina law firm run an advertisement seeking a named representative for a class action before any suit is filed?
The committee concluded a general media advertisement seeking a class representative is governed by Rules 7.1 and 7.2, not the targeted-solicitation rule 7.3, and need not be labeled as a…
Could former corporate counsel represent an ousted president in efforts to make the corporation sell?
Opinion 95-22 says the lawyer could not take the adverse shareholder-control work without the former corporate client's consent, given knowledge gained in prior takeover and governance representation.
Could a Vermont lawyer pursue a client's claim against the carrier defending the lawyer in an unrelated lawsuit?
Opinion 95-21 allowed continued representation only after full disclosure of the lawyer's insurance and defense relationship with the carrier and the client's consent.
Under Nebraska's former ethics code, did a law-firm newsletter sent to clients and selected nonclients require an advertisement label?
Yes. The 1995 opinion treated targeted legal-development newsletters as advertising and required 'This is an advertisement' on the envelope or outside cover, subject to two existing-service exceptions.
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.