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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My client won and isn't indigent. Can I just waive the litigation costs, or does Rule 1.8(e) restrict that?
The Panel agreed that Rule 1.8(e) does not apply where the client is not indigent and the case succeeded, so it is the attorney's prerogative whether or not to waive the costs.
Can a Michigan lawyer who also holds a license or degree in another profession show that credential on the firm letterhead or in the firm name?
The opinion concluded that a lawyer may indicate a license or degree in another profession on letterhead and in the firm name to signal special qualifications, as long as the communication is not…
Can a nonprofit public-interest legal organization require the volunteer attorneys it refers civil rights cases to, to hand over the attorney's fees they win?
The Committee concluded it cannot. A cooperating attorney may not agree to share legal fees with a nonprofit public-interest organization that referred the case, because Rule 5.04 prohibits sharing…
May a California attorney who also holds a partnership interest in a medical clinic refer personal-injury clients to that clinic for treatment, and what disclosures are required?
The opinion concluded that while there is no per se prohibition on a lawyer practicing both law and medicine, referring law clients to the lawyer's own medical clinic is a business transaction…
Can a lawyer bill the client for the time and cost of defending against an opposing party's frivolous bar complaint?
The opinion concluded no; defending oneself against a misconduct complaint is not legal service to the client, so charging the client for it is an unreasonable fee even with the client's written consent.
In Kentucky, may a lawyer give gifts or incentives to Realtors to get them to steer real estate closings to the lawyer?
No. The opinion concluded that giving something of value to non-lawyers to recommend the lawyer's services violates Rule 7.20(2).
In Kentucky, may a lawyer divide a fee with a referring lawyer in another firm who does no work but assumes responsibility for the case?
Yes, if all conditions of Rule 1.5(e) are met. The opinion concluded a referring lawyer who performs no service but assumes responsibility may share a fee, but one who neither works nor assumes…
May a district judge's lawyer-spouse appear before other judges in the same district?
The committee said the lawyer-spouse was not prohibited under North Dakota's professional-conduct rules from appearing before other district judges or courts in the district. It left judicial…
Does an 'of counsel' lawyer inherit the conflict of the lawyer they are of counsel to, and can a real estate settlement lawyer later sue the seller for the buyer?
The opinion concluded that a residential settlement lawyer who never told the seller he represented only the purchaser may not later represent the purchaser against the seller in a substantially…
Should an Illinois judge testify at a parole hearing for a prisoner the judge sentenced?
The Committee suggested that the judge decline. It saw the parole hearing as review of the judge’s sentence and raised concern under the former rule on public comment about pending or impending…
Should a candidate for Attorney General or District Attorney personally solicit campaign contributions or learn who donated?
The opinion concluded that candidates for Attorney General, District Attorney, and similar offices tied to the judicial process should not personally solicit contributions but should use committees…
What must a newly appointed Illinois judge do with former clients’ files and unearned fees?
The Committee required delivery of client files and property and refund of unearned advance fees, while allowing collection after taking the bench for legal work already performed and billed.
Could an Illinois judge publicly endorse a candidate for judicial office?
A noncandidate judge could not. The Committee said a judge running for election or retention could endorse or oppose candidates in the same public election under former Rule 67B.
Did an Illinois judge have to report a lawyer to disciplinary authorities after finding the lawyer in criminal contempt?
No further report was required on these facts. The Committee said the contempt order was an appropriate disciplinary measure, although reporting to the ARDC remained within the judge’s discretion.
What must a lawyer do when two clients' interests become adverse and the court denies the motion to withdraw?
The opinion concluded that a lawyer representing two clients whose interests become adverse must move to withdraw; if the court denies the motion, Rule 4-1.16(c) requires the lawyer to continue the…
Can a lawyer practice in two separate law firms at the same time?
The opinion concluded that a lawyer is generally not precluded from practicing simultaneously in two separate, bona fide law firms, but the arrangement must avoid deceptive conduct, misleading…
Can two separate law firms form a joint venture to handle personal injury and wrongful death cases together?
The opinion concluded that the rules and committee opinions do not contemplate joint venture arrangements between law firms, and that it is improper to form a third firm solely to evade the limits…
Must a former assistant district attorney recuse from a manslaughter retrial involving former colleagues and a defendant whose divorce the judge dismissed?
Opinion 94-522 finds no recusal required on the stated facts, including the judge’s unrelated divorce ruling, prior office service without participation in the prosecution, and former ties to witnesses.
Must a judge recuse after losing litigants name the judge in a separate suit?
The Committee concluded that the collateral suit described did not itself require disqualification, but the judge had to assess independently whether personal bias or prejudice required recusal.
Can a corporation condition hiring outside counsel, or in-house counsel, on the lawyer's promise never to represent anyone against the corporation in the future, even in unrelated matters?
The opinion concluded that an agreement barring a lawyer from ever representing anyone adverse to the corporation, including in unrelated matters, is an impermissible restriction on the right to…
When a lawyer represents the executor or trustee (the fiduciary) in an estate or trust matter, does the fiduciary's duty to the beneficiaries give the lawyer special duties to those beneficiaries, or change the lawyer's confidentiality duty?
The opinion concluded that a lawyer who represents only the fiduciary is bound by the same Model Rules as any other lawyer; the fiduciary's obligations to beneficiaries neither expand nor limit the…
Could a district court reporter also chair a county political party?
The committee concluded that a court reporter’s county party chairmanship conflicted with the New Mexico Judicial Branch Personnel Rules because the role threatened the appearance of impartiality in…
I represent a family suing Town A's school committee. My fiance is a town solicitor for Town A but does not represent the school committee. Does Rule 1.8(i) bar me from continuing, and from unrelated matters?
The Panel concluded the attorney is not barred under Rule 1.8(i) from representing the clients, because that rule addresses a spouse (not a fiance) who is the lawyer for an adverse party; it…
Another lawyer and I want to lend money to B so B can pay off a mortgage a court ordered as a condition of a land transfer. B is not my client. Does Rule 1.8 stop me?
The Panel concluded the attorney may lend B money because B is not the attorney's client, and Rule 1.8(a) applies only where an attorney-client relationship exists; but it cautioned that knowingly…
When an insurer hires a lawyer to defend in the name of an uninsured motorist under uninsured-motorist coverage, who is the lawyer's client and what does the lawyer owe the named defendant?
The lawyer represents the insurance company's interests, not the uninsured motorist's. The opinion held the lawyer owes no duty of loyalty to the defendant, must treat the defendant as an…
Can a bank charge borrowers a fee for its in-house lawyer's closing work, and can that lawyer also be an officer, director, or shareholder of the bank?
The opinion concluded a bank may charge borrowers a fixed fee for its in-house counsel's services only up to the actual cost (any profit would be improper fee-sharing and a misrepresentation), and a…
Can a lawyer use 'Esq.' after their name when working in a non-legal job?
The opinion concluded a lawyer may ethically use 'Esq.' after their name even when acting in a non-legal capacity, because the title is not misleading, though using 'Attorney-at-Law' in that setting…
Can a New York firm affiliated with a German law firm use a nearly identical name and list the foreign firm on its letterhead without a real partnership?
The opinion concluded that using a name nearly identical to a German firm without a true partnership, listing the German firm as if it were a partner, or calling the German office the 'head office'…
Can a foreclosure lawyer charge a flat percentage of the sale (such as 15%) as an attorney's fee without tying it to the reasonableness factors?
No. The opinion concluded it is improper to charge a set percentage fee in a foreclosure sale without regard to the reasonableness factors in Rule 1.5(a); a percentage fee, like any fee, must not be…
Can a lawyer or firm market the same practice under two different firm names at the same time?
Yes. The opinion concluded that simultaneously using two different names to market one law practice is not inherently false or misleading and is not prohibited, so long as neither name is itself…
In a suit against the State, can the plaintiff's lawyer interview government employees ex parte without going through government counsel?
Usually yes. The opinion concluded that under Rule 4.2 a lawyer may interview government employees ex parte unless they have significant managerial authority to bind or settle for the government, or…
Can a lawyer contact an opposing party directly when that party once claimed to have a lawyer, but the lawyer never confirms or denies the representation?
The opinion concluded a lawyer may contact the opposing party directly only after a complete and thorough inquiry, including a series of letters warning that silence will be taken as proof of no…
Could an Illinois judge explain a domestic-violence seminar to a potential donor without asking for money?
Yes. The Committee allowed the judge to explain the program while another person handled the donation request, under former Rule 64’s limits on personal public fundraising.
Could Illinois judges publicly explain their court’s approach to domestic-violence cases after criticism of a concluded case?
Yes. The Committee treated the proposed statement as a permitted public explanation of court procedures and law-related matters after the case had concluded.
What ethics duties arise after a former employee claims his earlier deposition testimony in a client's pending case was false?
The committee said it lacked facts for a specific disclosure ruling. It explained that Rule 3.3 turns on the lawyer's knowledge of falsity and other facts about the evidence, while other fairness…
If a lawyer's client forged the authorization the lawyer used to obtain a witness's medical records, can the lawyer disclose the forgery?
Yes; because the lawyer's services were used to further the client's forgery, the lawyer has discretion to reveal confidences to the extent necessary to rectify the fraud and support withdrawal,…
If a lawyer is suing another lawyer for malpractice, must she also report that lawyer to bar disciplinary authorities?
The opinion concluded that a lawyer must report another lawyer's misconduct under Rule 8.3 only if she has actual knowledge of the facts, the knowledge is not a client confidence or secret protected…
Can a lawyer charge a sliding fee, scaled to the size of the claim, to collect a client's medical-payments benefits under the client's own auto insurance policy?
No. The opinion concluded that a fee for collecting med-pay scaled to the amount of the claim rather than the cost of the work is unreasonable under Rule 2.6(a), because most med-pay claims carry no…
Can a criminal-defense lawyer lend a client the money to post a cash bond while representing the client in the case?
No. The opinion concluded that lending a client bond money is barred by Rule 5.3(b)'s prohibition on advancing financial assistance in pending litigation; it is not a litigation expense and it…
When an insurer hires a lawyer to defend its insured, can the lawyer just leave out a compulsory counterclaim and tell the insured to hire separate counsel to bring it?
Not without warning. The opinion concluded that defense counsel has no duty to assert the insured's compulsory counterclaim, but must timely apprise the insured of its compulsory nature so the…
Can a lawyer secretly tape-record a phone or in-person conversation with opposing counsel about a pending case without telling them it is being recorded?
Yes. The opinion concluded that recording a conversation with opposing counsel without disclosure does not violate the Rules of Professional Conduct, though as a matter of professionalism lawyers…
Can the lawyer for an injured client also represent the client's health insurer in pursuing its subrogation claim against the same tortfeasor?
Yes, with consent. The opinion concluded that a lawyer may jointly represent the injured client and the subrogated health carrier if the lawyer reasonably believes the representation will not be…
Can a North Carolina lawyer get a client to waive in advance a conflict of interest that has not yet arisen?
Yes. The opinion adopted ABA Formal Opinion 93-372 and concluded that an advance waiver of a future conflict is permissible if it is in writing, the future conflict was within the parties'…
When a minor's parent refuses to pursue the minor's injury claim to protect the family's insurance rates, may the lawyer seek an independent guardian ad litem for the minor?
Yes. The opinion concluded that the lawyer satisfied his duty by advising the parent, but where the parent's only reason for not pursuing the minor's claim was protecting the family's insurance…
Can a lawyer run a TV debt-relief commercial that promises creditors can be paid 'as little as $25 a week' without mentioning that the relief is bankruptcy?
No. The opinion concluded that omitting that the relief is bankruptcy makes the commercial materially misleading, the '$25 per week' claim creates an unjustified expectation, and the recorded phone…
Can a lawyer treat an advance fee as immediately earned and spend it right away, and is a fixed traffic-case fee that covers fines and costs an improper contingent fee?
The opinion concluded that an advance fee is a deposit that must stay in trust and be refunded if unearned unless the lawyer clearly tells the client it is earned immediately and the client agrees;…
Can a criminal defense attorney also serve as a special county prosecutor in another county?
The opinion concluded that a private criminal defense attorney may serve as a special county prosecutor in another county only if the attorney does not represent criminal defendants in the court…
Can an Ohio law firm settle its suit against a former client for less than the litigation expenses the client owes?
The opinion concluded that a law firm may settle a suit against a former client for litigation expenses for less than the amount actually owed without violating DR 5-103(B), if the representation is…
Can an Ohio judge let his or her picture appear on a DARE program trading card?
The opinion concluded that it is improper under Canons 1, 2, and 5 of the Code of Judicial Conduct for a judge's picture to appear on a DARE program trading card. Decided under the former Ohio Code…
How did the Commission assess requests for judicial officers’ outside employment?
West Virginia JIC Opinion 1994-07 called for individual review under former Canon 4D and the proposed job duties, including whether the work could exploit judicial position.
Can a lawyer join a for-profit private referral service that is not sponsored or approved by a bar association?
The opinion concluded a lawyer may not pay to participate in a for-profit private legal referral service that no bar association operates, sponsors, or approves, because it falls outside the DR…
Can a part-time administrative law judge refer out and collect a fee on a lawsuit against the government arm that enforces the judge's own rulings?
The opinion concluded a part-time parking-bureau administrative law judge may not take a referral fee, or a fee for work done, on a suit against the Sheriff's office that enforces the judge's…
Can a lawyer give opposing counsel a former client's current address so the other side can serve a bill of costs?
No; absent an applicable confidentiality exception, a lawyer may not disclose a former client's address to a third person without the former client's consent, since doing so could be used to the…
Can a lawyer take stock in a client's company as payment for legal fees?
Yes, not per se improper. The opinion concluded that a lawyer may accept stock in a corporation (and its predecessor partnership) as compensation, so long as the lawyer believes independent…
Can a corporation's lawyer tell a former employee that he represents her individually and instruct her not to talk to opposing counsel?
Under the former Code, corporate counsel could not claim to represent a former employee who had not retained him or instruct her not to speak with opposing counsel. A later committee note identifies…
Can a D.C. law firm that has a nonlawyer partner practice law in Virginia through a licensed Virginia lawyer?
No. The opinion concluded that, although a lawyer licensed in both D.C. and Virginia may practice through a nonlawyer-partner firm in D.C. without Virginia discipline, that firm may not practice law…
Must a sitting judge recuse when an attorney appearing before the judge is campaigning against that judge, even without an objection?
The Committee affirmed that recusal was the judge’s own duty when an attorney appearing before the judge was the judge’s election opponent; it rejected a rule requiring a party to object first.
Can a lawyer on a nonprofit legal-aid referral panel pay the referral service a set fee plus a share of fees earned on referred cases?
The Committee concluded that a panel attorney may remit a fixed referral charge and a share of earned fees to a nonprofit lawyer referral service operated in compliance with Article 320d (the…
If a lawyer leaves a firm, can he later represent a party against someone his old partner once consulted, when he never personally got any confidences from that person?
The Committee concluded the departed lawyer may take the representation. Under Rule 1.09(c), a lawyer who leaves a firm without personally coming within Rule 1.09(a)'s restrictions is not…
Once the services in the retainer agreement are performed, is the lawyer obligated to continue representation on related matters, and does a fee dispute with a current client create a conflict requiring withdrawal before the lawyer may sue for fees?
The opinion concluded that an attorney's duty extends only to services for which the lawyer was retained. After contractual services are performed, the lawyer should not withdraw if prejudice will…
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.