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 charge a client a non-refundable retainer for a particular case or service?
The committee concluded a lawyer may not charge a non-refundable retainer for a specific case or service: advance fees are earned as work is done, must be held in trust until earned, and a truly…
Is there a conflict when one spouse represents the plaintiff and the other spouse is appointed guardian for an incompetent person in the same matter?
The committee concluded a conflict exists under Rules 1.7(b) and 1.8(i) when the plaintiff's lawyer's spouse is appointed to protect a minor or incompetent in the same matter; the plaintiff might…
Could counsel disclose a completed guardianship-account theft learned during joint representation?
Opinion 95-19 barred disclosure to the surety, authorities, or other clients on its assumption that the mother’s misconduct was complete. The lawyer had to withdraw from representing all joint…
How long must a lawyer keep a former client's property that is potential evidence, and how may the lawyer dispose of it if the client never retrieves it?
The committee concluded there is no fixed time; under Rule 1.15(a) the lawyer must safeguard a former client's non-fund property as a fiduciary until diligent return efforts and final notice have…
Would Vermont's ethics committee decide whether another lawyer's client contact must be reported?
Opinion 95-18 declined to judge the nonrequesting lawyer and said the requester had to decide whether unprivileged facts supported a good-faith belief of a reportable Code violation.
Could a plaintiff’s lawyer interview top officers of an employer involved in a related workers’ compensation claim?
Opinion 95-17 required consent from counsel for the employer’s workers’ compensation insurer before contacting the employer’s top administrative officers about the injury. It did not require consent…
Could a former client's limited permission to speak to an adverse person let a subpoenaed lawyer disclose client confidences later?
Opinion 95-16 says the earlier, narrow investigation permission was not full-disclosure consent to later testimony, so the lawyer had to decline absent new consent or a court order.
Can a South Carolina lawyer list a former judicial clerkship on a firm announcement, and practice solo in one city while in a partnership in another?
The committee concluded a former law clerk may list that clerkship on a firm announcement so long as it is not false or misleading under Rule 7.1, and a lawyer may practice as a sole practitioner in…
Could a Vermont lawyer share space and work with a financial planner while running a separate law practice?
Opinion 95-15 found no per se bar but declined to approve the specific arrangement without fuller facts. It identified confidentiality, independent judgment, misleading presentation, solicitation,…
Could lawyers from opposing Vermont firms partner briefly to purchase and divide an office building?
Opinion 95-14 found no conflict where only lawyers owned a partnership solely for the building transaction, the firms stayed separate, and the partnership ended after the condominium units were sold.
Must a South Carolina lawyer report another lawyer's misconduct learned only secondhand from a friend or former client?
The committee concluded the lawyer has no duty to report under Rule 8.3 because the duty requires actual knowledge, not hearsay, and because the information may be protected by Rule 1.6 if the…
Can a lawyer join a for-profit network that matches callers to lawyers by zip code and practice area, and pay its fees?
No. The opinion concluded the network was a lawyer referral service not sponsored by a bar association, so lawyers could not participate under ER 7.1(r), and its connection-service and application…
Could a lawyer represent a wife in divorce after representing her husband on an unrelated criminal charge years earlier?
Opinion 95-13 found no required withdrawal on the stated facts: the matters were unrelated and the lawyer retained no information from the former representation that could disadvantage the husband.…
Must a South Carolina lawyer who finds tax liens against another lawyer during a title search report it to the grievance board?
The committee concluded Rule 8.3(a) does not require reporting, because tax liens discovered in a routine title search do not, without independent knowledge of their basis, raise a substantial…
How long must a lawyer wait before sending a direct-mail solicitation to a relative of someone who recently died in an accident?
Arizona set no fixed waiting period. The opinion concluded that ER 7.3(d)(4) uses a case-specific test, and the lawyer must assess factors like the closeness of the relationship and the suddenness…
May a Vermont lawyer charge a contingent fee to collect overdue child support or spousal maintenance after divorce?
Opinion 95-12 permits a contingent fee for collection of overdue support after a final divorce, with court disclosure of the fee arrangement; a fee on future support must be a reasonable percentage…
Can a South Carolina lawyer direct or staff a membership association's legal services plan and pay to be listed in its lawyer directory?
The committee concluded a lawyer may be employed as director or as a screening telephone operator for the association's legal services division under Rule 1.13, may pay an annual fee to be listed in…
Can a lawyer ethically discuss confidential client matters on a cellular or cordless phone?
Yes, but with caution. The opinion concluded that using a portable phone was not by itself an ethical breach, while warning that such calls can be intercepted and that lawyers should exercise…
Could a Vermont settlement bar plaintiff's counsel from representing future claimants against the defendant?
Opinion 95-11 said the proposed restriction on future representation violated former DR 2-108(B). The committee applied the prohibition to both accepting and demanding such a settlement condition.
Can a chief public defender also serve as counsel to a school district, and represent juveniles facing both school discipline and Family Court?
The committee concluded there is no per se bar to serving as both chief public defender and school district counsel, with conflicts handled case by case; but when the public defender is…
Can a lawyer accept a referral fee from a medical provider for sending a client to that provider?
No. The opinion concluded that a lawyer may not accept a fee for referring a client to a medical practitioner; the lawyer's financial stake creates a conflict under ER 1.7, and Arizona law made…
Could one lawyer evaluate a family matter while another mediates it at the same Vermont clinic?
Opinion 95-10 allowed separate lawyers to perform neutral evaluation and mediation with both parties informed of the relationship. It allowed supervised paralegal document work and urged care with…
Under Nebraska's former ethics code, could a contingent-fee agreement require lawyer approval of settlement or switch to a higher hourly fee when the client settled?
No. The 1995 opinion held that settlement authority belonged exclusively to the client and that a higher-hourly-fee clause unduly restricted that authority and could produce an excessive fee.
Can a personal-injury lawyer give part of the lawyer's own fee to the client so the client recovers something from a settlement?
Yes, if the gift is genuinely charitable, the client was already retained, and there is no expectation of repayment. But the lawyer may not make the gift where a medical provider discounted its bill…
What could lender-side counsel say to an unrepresented Vermont borrower at closing?
Opinion 95-09 required lender-side counsel to avoid implying that counsel represented the borrower; when the borrower asked a legal question, counsel was to direct the borrower to separate counsel.…
Can a municipal attorney who advised staff on a zoning decision also advise the zoning board hearing the appeal of that decision?
The committee concluded no Rule prohibits a municipal attorney from advising the municipality at different stages of one zoning matter, because under Rule 1.13 the client is the municipality; other…
Can a prosecutor and defense lawyer include a waiver of ineffective-assistance and post-conviction claims in a plea agreement without violating the rule against limiting malpractice liability?
The Committee majority concluded yes, reading ER 1.8(h) to bar only agreements that prospectively limit a lawyer's malpractice liability, not a defendant's waiver of post-conviction or…
Must a Vermont lawyer disclose an adverse medical opinion obtained for a Social Security disability claim?
Opinion 95-08 says an adverse medical opinion is not automatically material or disclosable; good-faith rejection, materiality, and any direct ALJ production request govern the analysis.
Must a lawyer report opposing counsel's improper contact with the client's employees, including an alleged misidentification, under Rule 8.3?
The committee concluded a lawyer must report another lawyer's violation if it raises a substantial question of honesty, trustworthiness, or fitness, regardless of whether the violator knew it was…
When did Arizona Opinion 95-07 permit a lawyer to interview an opposing party's current or former employees without its counsel?
Opinion 95-07 applied ER 4.2 based on the employee's role, imputable conduct, possible admission, separate representation, or a former employee's continuing litigation relationship. Harmful…
What did Vermont Opinion 95-07 require when a lawyer learned a client gave material false testimony before the court ruled?
Opinion 95-07 required the lawyer to ask the client to correct the false testimony and, if the client refused, disclose it to the court before decision. The committee treated the deception as…
Can an accountant prepare a client's articles of incorporation, or is that the unauthorized practice of law?
The opinion concluded that while individuals may complete and file their own corporate documents, a nonlawyer (including an accountant) who gives another person assistance or advice in completing…
Did a firm remain disqualified after a lawyer with a former-client conflict left it under Arizona Opinion 95-06?
Opinion 95-06 said the remaining firm could resume the substantially related adverse matter if it could show that no lawyer still at the firm held material protected information from the departing…
Can a personal injury lawyer pay a client's hospital deposit so the client can get surgery during the case?
The opinion concluded that an attorney may not advance money to a hospital for a client's medical expenses, because Rule 1.8(d) bars financial assistance to a client in litigation except for the…
Can a former prosecutor now in private practice represent crime victims in civil suits against defendants he was prosecuting in office?
The committee concluded that under Rule 1.11 the former solicitor may not represent a private client in connection with a matter in which he participated personally and substantially as a prosecutor…
Could an Arizona personal injury lawyer accept the client's entire settlement share as a gift after receiving the agreed contingent fee?
Opinion 95-05 allowed the substantial unsolicited gift only after the client had a reasonable opportunity for independent counsel, assuming competence and the stated written consent. The lawyer…
To whom may a Vermont lawyer deliver a deceased client's file when the executrix requests it?
Opinion 95-05 says the lawyer must turn over the deceased client's papers and property to the executrix or her lawyer on request, with no ethical obligation to deliver them to another person.
If my firm defends a city, can I represent clients before that city's human rights commission?
The opinion concluded that a lawyer whose firm defends a city may represent clients in unrelated matters before the city's human rights commission only with the consent of both clients after full…
Can a South Carolina lawyer who is also a licensed real estate broker collect both a commission and a legal fee in the same transaction?
The committee concluded a lawyer probably may not act as broker for one party and lawyer for the other, but may serve the same party as both broker and lawyer, and take both a commission and a legal…
Could a Vermont defense lawyer recommend a plea agreement waiving later ineffective-assistance claims?
Opinion 95-04 said the defense lawyer should not recommend a plea term cutting off post-conviction ineffective-assistance claims, because it could limit the lawyer's liability for malpractice under…
If a colleague once confided a legal problem to me as a lawyer, can I later become in-house counsel for the organization on the other side?
The opinion concluded that a lawyer who had a brief but confidential discussion with a faculty member about his dispute with a university may still serve as the university's counsel, provided the…
What can a South Carolina lawyer do with stale, never-cashed trust-account checks owed to medical providers?
The committee concluded the lawyer may not donate the leftover trust funds to the Office of Appellate Defense or any other entity, because the uncashed checks belong to third parties under Rule…
Did Arizona Opinion 95-03 permit a lawyer to secretly record a telephone call with opposing counsel?
Opinion 95-03 said secret recording of an ordinary telephone conversation with opposing counsel involved deceit and misrepresentation under the then-applicable ER 8.4. It expressly left the earlier…
Could a Vermont borrower’s lawyer also act as the lender’s closing agent in the same loan?
Opinion 95-03 said no under the former Code, finding that the lender-agent role compromised independent representation of an unrepresented or unsophisticated borrower. The committee revised its…
Can a lawyer who served as a minor's guardian ad litem then represent that minor in the related personal injury lawsuit?
The opinion concluded that a court-appointed guardian ad litem who recommended rejecting a settlement may later represent the same minor in the related personal injury suit, with no specific…
Must a judge recuse from cases handled by a lawyer who merely shares office space with the judge’s brother-in-law?
The Committee said recusal was not required on the stated facts because the lawyers had separate practices, unless other circumstances reasonably called the judge’s impartiality into question.
Can a lawyer keep representing both a husband and wife in their injury suit after the couple decides to divorce?
The committee concluded the Rules do not preclude continued dual representation of both spouses if the lawyer reasonably believes the conflict risk is minimal and the Rule 1.7(b)…
How did Arizona Opinion 95-02 address a court's questions about a criminal client's whereabouts and expected trial appearance?
Opinion 95-02 required counsel to protect representation-related information and avoid misleading the court. It allowed disclosure of a willful intended nonappearance only on actual knowledge, and…
Could a Vermont lawyer join a for-profit referral service without paying for referrals?
Opinion 95-02 found no Code violation in the described for-profit referral service because participating lawyers paid no fee, clients chose and paid their lawyers directly, and the service did not…
Can a lawyer who left a firm get copies of the closed files for the clients she handled there?
The opinion concluded that a lawyer who has left a firm may have access to the firm's closed files for clients with whom she had an attorney-client relationship, that a client cannot be denied…
Could an Arizona personal injury lawyer advance a client's rental car charges or collision deductible during litigation?
Opinion 95-01 said rental car and vehicle-repair charges were client living or transportation expenses rather than costs or expenses of litigation under then-current ER 1.8(e)(1), so the lawyer…
Must a Vermont lawyer pay a medical provider from settlement funds without a proven lien or payment agreement?
Opinion 95-01 found no ethics violation when the lawyer paid known claimants and the client but did not pay a chiropractor who had shown no enforceable lien or agreement and had received no payment…
Can a lawyer represent a corporation when the lawyer is the brother of its president and main shareholder?
The opinion concluded that being related to a corporation's president and principal shareholder does not by itself create a conflict, because the corporate lawyer's duty runs to the corporation, but…
May appointed counsel tell a conservatorship court that a client's opposition is against the client's interests?
For the opposing proposed conservatee in the opinion, counsel may not disclose detrimental client information or contrary views without consent; if the court insists on such a disclosure, counsel…
If an out-of-state lawyer commits fraud in Illinois, does an Illinois lawyer have to report it to the disciplinary authorities?
The opinion concluded that an Illinois-admitted lawyer must report another lawyer's dishonesty or fraud under Rule 8.3(a) even when that lawyer is not admitted in Illinois, reporting to the Illinois…
Can a firm that defends a city in one case also sue that same city for a different client in an unrelated matter?
The opinion concluded it is not per se improper for a firm to sue a current client, including a public body, in an unrelated matter if both clients consent after full disclosure and a disinterested…
Can my firm sue a city if one of my law partners works full-time as a police officer for that same city?
The opinion concluded that a firm should not represent a client in a claim against a municipality that employs one of the firm's partners as a full-time police officer, because the partner holds…
Is an Illinois lawyer who collected a full fee but never paid the court reporter committing an ethics violation?
The opinion concluded that an attorney's failure to advance or collect payment to satisfy a court reporter's fee is not, by itself, a violation of the Rules of Professional Conduct, because the…
Can a lawyer who defends criminal and traffic clients also serve as a part-time special prosecutor for juvenile cases in the same county?
The opinion concluded the lawyer may accept case-by-case appointment as a special prosecutor in juvenile matters, but only with full disclosure to and consent of any affected clients, and never in a…
Can a lawyer who handled a client's divorce and real estate deals later represent that client's new spouse in a divorce against her?
The opinion concluded the lawyer had a conflict under Rule 1.9: because the prior divorce and real estate work for the former client was substantially related to the new divorce involving the same…
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.