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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What matters can a lawyer who serves part-time as a county or municipal judge represent clients in, and does the conflict extend to the lawyer's firm?
The opinion concluded that a part-time judge may not represent a client in any matter likely to come, or that has come, before the judge or derived from such a matter; a part-time county judge may not…
Can a lawyer pay a fact witness for the time the witness spends preparing for and giving testimony?
The committee concluded a lawyer could compensate a witness for the reasonable value of time spent preparing for and giving testimony, where the client stays ultimately responsible, the payment is not…
Can an in-house corporate attorney represent the corporation itself in court, and can that attorney also handle legal matters for the corporation's customers?
Yes for the corporation itself: an attorney employee may assist, advise, counsel, represent, or appear on behalf of the corporation in its own affairs, in or out of court. No for customers: corporate …
What must court-appointed counsel do when a competent capital murder defendant insists that counsel make no argument or take no action to oppose the death penalty?
Counsel must honor the competent defendant's Sixth Amendment right to control that choice, fully inform him of the conflict it creates with counsel's own ethical duties, and then move to withdraw from…
Can a Tennessee lawyer who is board certified as an immigration specialist by another state's bar cite that certification in advertising instead of the required specialty disclaimer?
No. Pending Tennessee's adoption of its own specialization rule, the opinion held a lawyer may not publish a listing of specific practice areas, even citing certification from another state's board (h…
Can one lawyer keep defending two co-defendants in a malpractice case when one of them refuses consent to the joint representation?
The opinion concluded that where one co-defendant may have a cross-claim against the other, the lawyer may not represent both without each client's informed consent; if a client has specifically asked…
May a lawyer draft a surrogate-mother contract, and can the same lawyer represent both the surrogate and the intended parent?
The opinion concluded that, assuming the contract is not illegal, no ethical rule prohibits a lawyer from drafting a surrogate-mother contract, even one a court might later find voidable or unenforcea…
Must a lawyer licensed only in Tennessee include the DR 2-101(C) specialty disclaimer when advertising in national publications for legal services to be performed in interstate commerce?
Yes. Because Tennessee's Code of Professional Responsibility is the controlling authority on the ethical conduct of attorneys licensed solely in Tennessee, the opinion held such an attorney must inclu…
May a Tennessee lawyer place client funds in an interest-bearing trust account, and is the lawyer ever required to do so?
Yes, a lawyer may place client funds in interest-bearing accounts so long as DR 9-102's other requirements are met; there is generally no duty to invest nominal or short-term client funds because admi…
Can a lawyer guarantee a physician's charges for litigation-related work if the client stays responsible for the bill?
The committee concluded a lawyer could guarantee a physician's charges for litigation-related activity so long as the lawyer's client remains ultimately liable for the expenses. The Virginia State Bar…
May a law firm represent a wife in a divorce when a lawyer who left the firm once handled an unrelated pre-marital corporate realty matter for the husband?
Yes. The opinion concluded the firm could represent the wife, because no remaining member of the firm had any knowledge of the husband's realty matter, the realty was acquired before the marriage and …
Can a lawyer who is a plaintiff in a partition suit accept appointment as the special commissioner who sells the property, and sell it to a spouse?
LEI 83-12 concluded that a lawyer who is a party to an action should refuse appointment as special commissioner in that action, and that a court-appointed attorney-commissioner should not sell the pro…
Can a lawyer represent his own law partner as a party in litigation where the partner will testify as a witness?
The opinion concluded the lawyer-witness rule prohibits it. Rule 3.4(j) bars a lawyer from accepting employment when he or a firm lawyer is likely to be a witness, and it draws no exception for a lawy…
May a part-time assistant district attorney (or his private firm) represent a town or taxpayer in a tax abatement appeal heard by the county commissioners?
The opinion concluded no. Because an assistant district attorney's sole function is to assist the district attorney, he always represents the county, so neither he nor his firm may represent a party o…
Can a lawyer be disciplined under the bar rules for violating the Maine Medical-Legal Cooperation Code, and did adopting Rule 3 make that Code unenforceable?
The opinion concluded that a violation of the Medical-Legal Cooperation Code is not automatically a violation of Rule 3. But because a lawyer can be guilty of conduct unworthy of an attorney even when…
When a lawyer jointly represents two feuding co-personal representatives of an estate and learns one is abusing her position, must the lawyer withdraw and can she act against the wrongdoer?
Assuming the lawyer represents the co-personal representatives jointly, the opinion concluded she should resign under Rule 3.5(a) if she cannot deal constructively with the accused co-representative, …
Can a lawyer run a newspaper ad for personal injury work that asks 'INJURED?', promises to 'fight for you,' and offers a free consultation?
The opinion concluded the advertisement is permissible. It is not false, misleading, or deceptive under Rule 3.9(a) or (b): it makes no material misrepresentation, hedges with 'you may have a good cas…
Can a law school alumni association publish a directory of its lawyer graduates by location and practice area and answer phone inquiries about it?
The opinion concluded that an alumni association may publish and publicize such a directory if it conforms to the advertising rules, but listed New York lawyers may identify areas of law they practice…
May an attorney charge a contingent fee in a family law or divorce case, including a fee based on an equitable-distribution monetary award?
The committee concluded that, except in extremely rare situations, a contingent fee in family law and domestic relations cases is ethically improper, and that the possibility of a monetary award under…
Can a former judge, now in private practice, represent a party in a case the judge ruled on, and can the judge's partners or associates take it?
No. The opinion concluded that a former judge may not represent a party in a matter on the merits of which the judge acted in a judicial capacity, and that disqualification extends to the former judge…
Can a lawyer take an ownership stake in a client entity plus a contingent fee as payment for forming it and representing it before a government body?
The committee concluded a lawyer who forms a client entity and represents it before a local body seeking a cable franchise may take a proprietary interest and a separate contingent fee, provided the c…
Must a lawyer who thinks a client is mentally disabled seek a guardian, and must the lawyer tell the client about a confidential affidavit?
The committee concluded that a lawyer who believes her client is mentally disabled is not obligated to petition for a committee or personal representative, though she may if she deems it in the client…
Can a Tennessee lawyer lease office space from a corporate client and share the client's reception room and receptionist?
Yes. The opinion found no impropriety in leasing office space from a corporate client and sharing a common reception room and receptionist/typist, provided the physical layout makes clear when visitor…
Must a Tennessee lawyer report another lawyer's escrow-account misappropriation if doing so could hurt the lawyer's own client's chances of recovering the misappropriated funds?
Yes. The opinion held that the reporting lawyer is obligated to report the other attorney's ethics violation to maintain the integrity of the profession, even though the report might be detrimental to…
Can a lawyer join a trade exchange or barter group that charges a percentage fee on every transaction, without a trade broker or approval process for the trades?
No. The opinion concluded that an attorney is ethically prohibited from participating in a trade exchange association or barter group that charges a fee or membership charge on each transaction, becau…
May a lawyer serve at the same time as assistant county counsel and as mayor of a municipality within that county?
No. The opinion concluded that because In re Opinion 415 bars a lawyer from being counsel to both a county and a municipality within it, an assistant county counsel cannot simultaneously serve as mayo…
Can a lawyer assert res judicata based on a decree that, by the lawyer's own inadvertent error, released more of the claim than the court actually ruled on?
The committee concluded that, where no intentional misrepresentation was made to the court, a lawyer may assert the affirmative defense of res judicata arising from a decree the lawyer mistakenly draf…
Can a lawyer withdraw from a personal injury client's case after taking a job with the defendant corporation, and what notice is required?
The committee concluded a lawyer who accepts employment with the defendant corporation may withdraw from a personal injury client before suit is filed, provided the lawyer gives written registered-mai…
Can a lawyer become an assistant county attorney when the lawyer's spouse litigates significant cases against the county?
The committee concluded that a lawyer may accept employment as an assistant county attorney even though the lawyer's spouse, individually or through the spouse's firm, conducts significant litigation …
May a municipal attorney defend both the municipality and its officials when they are sued for fraud, and when must special counsel be brought in?
The opinion concluded a municipal attorney may not defend both the municipality and its officials where the charges are fraud or willful misrepresentation, and that even when defending only the munici…
Can a lawyer represent a company as a client while personally owning and running a competing company?
The opinion concluded only with the client's consent after full disclosure; a lawyer who is a principal shareholder and officer of one corporation may not represent a competing corporation absent full…
Can a lawyer who worked on or contributed to a judge's election campaign appear before that judge?
The opinion concluded yes; a lawyer who contributed to or helped run a judge's election campaign is not precluded from later appearing before that judge, and need not disclose the campaign activity to…
Can a law firm keep showing its former name on letterhead or in ads after a named partner is suspended from practice?
The opinion concluded no; a firm may not show on its letterhead or in a Yellow Pages ad that it was formerly known by a name including a suspended lawyer's name, because the public is likely to be mis…
Can a law firm build a network of independent-contractor attorneys it is contractually bound to feed work, and label them 'of counsel' or 'affiliates'?
The opinion concluded no; a plan contractually committing a firm to obtain and subcontract work to independent attorneys is not sanctioned by the fee-division rule, undermines the affiliates' independ…
May an incumbent New York judge be shown wearing judicial robes in campaign literature?
The opinion concluded that an incumbent judge may be depicted in judicial robes in campaign literature, modifying the earlier flat prohibition; following ABA Informal Opinion 1450, the controlling pri…
Can a salaried FDIC staff attorney request a court-awarded attorney's fee, under a promissory note's fee clause, that exceeds the FDIC's actual salary and legal expense costs of collection?
No. The opinion held the FDIC staff attorney is ethically prohibited from requesting or permitting the court to award a fee in excess of the amount necessary to reimburse the FDIC for the actual salar…
Are a national bank's board members 'management' for the no-contact rule, so adverse counsel cannot interview them without the bank's lawyer's consent?
Yes. The opinion concluded that the directors of a national bank, given their fiduciary duties, management responsibilities, and access to confidential business information, fall within the management…
May a prosecutor tell witnesses to insist that someone from the district attorney's office be present before they talk to defense counsel?
The opinion concluded it is improper for a prosecutor to instruct a prospective witness to insist on the prosecutor's presence at a defense interview, or to otherwise interfere in any form with the me…
May a municipal prosecutor also prosecute complaints in the same municipal court on behalf of a paying private client (the complaining witness)?
Yes. The opinion concluded there was no impropriety in a municipal prosecutor prosecuting a matter in his own municipal court on behalf of a private client, because in both roles he appears on behalf …
Can a lawyer form a firm with an accountant to provide tax legal and accounting services, share legal fees, and use a joint letterhead?
The opinion concluded that a lawyer may not form a firm with a nonlawyer accountant to provide legal services (it aids the unauthorized practice of law and is a barred partnership with a nonlawyer), m…
If a district attorney says he will call the defense attorney as a witness about a client's statements, can the attorney keep representing the client?
It turns on a legal question outside the Board's ethics jurisdiction: whether a court rules the client's statements privileged. If the court finds them privileged, the attorney may continue representi…
Can a lawyer who is also a state legislator represent a private client in a claim before the West Virginia Court of Claims?
LEI 83-11 concluded that a lawyer who is a member of the Legislature may not represent a client before the Court of Claims, because that court is an arm of the Legislature and the lawyer would in effe…
Can a lawyer who is also a title insurance agent advertise that fact in the yellow pages under both the title-agent and lawyer headings?
The opinion concluded that a lawyer authorized to issue title insurance may list that fact under the 'title company and agent' heading in the yellow pages and may note the authority in his 'lawyers' l…
Can a lawyer who once defended an insurance company in a coverage claim later represent insureds suing that same company for policy benefits in a class action?
No. The opinion held it improper to represent several insureds in a class action against an insurance company for policy benefits after having represented that company ten years earlier in defending a…
Can three lawyers who share office overhead but are not partners call their practice 'Law Offices of A, B & C,' or 'A, B & C, An Association of Attorneys,' or designate each other 'Of Counsel'?
The opinion held 'Law Offices of A, B & C' improperly implies a partnership where none exists, that 'A, B & C, An Association of Attorneys' likewise required pairing with an additional 'Not a Partners…
Does a Tennessee lawyer need the DR 2-101(C) certification disclaimer when advertising flat prices for routine services like divorce, bankruptcy, or adoption?
No. The opinion held that publishing or advertising the prices at which routine legal services will be performed does not require the disclaimer provided for in DR 2-101(C), consistent with Ethical Co…
Can a Tennessee lawyer who is a vowed member of a communal religious order turn his legal fees over to the order, as the order's rules require?
No. The opinion held it improper for an attorney to share his legal fees with the communal religious order to which he belongs, even though all members are required to turn over outside income, becaus…
Can a county attorney defend criminal defendants when the sheriff or deputy sheriffs are prosecution witnesses, if the county walls the attorney off from any law-enforcement counseling role?
Yes, but only with strict walls in place. The opinion held the county's attorney may represent criminal defendants charged by law enforcement officers or employees of the county only if the attorney i…
Can a county attorney simultaneously represent the county and a county-created industrial development board on bond financing matters?
Yes, absent antagonistic interests. The opinion concluded that where no antagonistic interests exist between the county and the industrial development board, and nothing else impairs the attorney's in…
Could a Tennessee law firm mail brochures to clients and prospective clients without a request, and could lawyers or staff personally hand-deliver them?
Mail yes, hand-delivery no. The opinion, clarifying 83-F-49, concluded a firm could distribute or mail brochures to regular and prospective clients even without a request, provided DR 2-101(C) and DR …
When does a franchise-marketing company's in-house counsel cross into the unauthorized practice of law by preparing trademark, copyright, and franchise-disclosure documents for franchisor clients?
Only when it looks like legal work. The opinion concluded the described services (trademark and copyright applications, franchise disclosures, and state registrations) are not the practice of law if t…
When a lawyer jointly represents two partners and one tells the lawyer something in confidence, can the lawyer reveal it to the other partner?
The opinion concluded that, absent express or implied consent, a lawyer jointly representing two clients may not disclose to one a confidential communication from the other relating to the representat…
When an insurer disputes coverage for part of a claim, can the single attorney representing both the insurer and the insured allocate fees and costs between the covered and disputed issues?
The committee concluded that where an insurance company asserts that a portion of a claim against the insured is not covered, it is improper for a single attorney representing both the insurer and the…
Can a lawyer who represented a partnership later represent one partner against another partner in a partnership dispute?
The opinion concluded this ordinarily cannot be done: a lawyer who represents a partnership represents each partner's partnership interest, and may not later represent one partner against another wher…
May a defense lawyer advise a client under DWI arrest to refuse to take a breathalyzer test?
The opinion concluded that simply directing a client to refuse a breathalyzer is improper, because refusal is itself a class A misdemeanor under AS 28.35.032(f); the lawyer may, however, present good-…
Can a law firm require a departing lawyer to share fees later earned from clients who follow that lawyer to a new practice?
The opinion concluded no; a clause forcing a withdrawing lawyer to pay the firm a percentage of fees from former firm clients who later hire that lawyer divides fees without a proportionate division o…
Can a lawyer who is also a real estate broker, or his law partner, act as the lawyer in a deal where the lawyer earns a brokerage commission?
The opinion concluded not without informed consent; the lawyer-broker's commission gives him a financial interest that may impair his judgment, so neither he nor his associate may represent a party to…
Can a lawyer privately contact his existing clients to tell them about a lawsuit and represent them as additional plaintiffs?
The opinion concluded yes; the ban on soliciting employment by private communication applies only to prospective clients, not to a lawyer's existing clients, so the lawyer could advise existing client…
Can a lawyer who was an associate, not a partner, of a now-deceased lawyer name the new firm after both of them?
The opinion concluded no; because the associate and the deceased lawyer were never partners and no such firm existed before the death, a name combining both falsely implies a prior partnership and suc…
Can a criminal defense lawyer agree that the fee for the criminal case will be paid only out of any recovery in a related civil rights case?
The opinion concluded yes; because the criminal fee turned on the outcome of the related civil action rather than on the criminal charge itself, it was not a prohibited contingent fee in a criminal ca…
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.