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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Who could sign checks and authorize withdrawals from a Minnesota law firm trust account?
Under this now-repealed opinion, every withdrawal instrument drawn against a law firm trust account had to be signed by at least one lawyer in the firm, and no withdrawal could be made except at a law…
Can a Kentucky lawyer who defended a criminal defendant later represent the victim of that crime before the Crime Victims Compensation Board?
No. The opinion concluded that the later representation of the victim is substantially related to the earlier defense of the accused, creating a conflict of interest that client consent cannot cure.
If a Kentucky client fires a contingent-fee lawyer without cause before the case ends, can the lawyer claim a share of the eventual recovery?
Qualified yes. The opinion concluded that a discharged contingent-fee lawyer's right to a fee is a matter of law, not ethics, and deferred to Kentucky case law allowing recovery in quantum meruit, the…
If a lawyer learns from non-clients that another lawyer misappropriated funds, must the lawyer report it even when the client wants silence because disclosure could hurt the client financially?
Yes; the opinion concluded that unprivileged knowledge of another lawyer's violation, gained from someone other than the client, triggered a mandatory duty to report, and the client could not direct t…
Can a lawyer working with a divorce mediation service give legal help to both spouses, and can the service pay the lawyer?
The committee concluded that giving legal advice to both parties is usually improper because it cannot be done non-partisanly, but that providing only 'legal information,' with both parties understand…
Can a lawyer who serves as a divorce mediator later represent one of the parties in the uncontested divorce, and join a mediation center's approved list?
The committee concluded a lawyer-mediator could give 'legal information' (not advice) to both parties in simple uncontested divorces with consent, could represent one party in a later uncontested divo…
Can a lawyer take a mortgage, or a deed, on the client's property to secure payment of the lawyer's fee?
The opinion concluded that a lawyer may take a mortgage to secure a fee, subject to conditions (a proper fee, no quantum meruit basis for future fees, no undue pressure, restraint on foreclosure, and …
Can a plaintiff's lawyer interview a corporate defendant's non-management employees about the facts without the consent of the company's lawyer?
Yes, for rank-and-file employees. The opinion concluded that non-management, non-administrative employees of a corporate defendant are treated as witnesses, not parties, so DR 7-104(A)(1) does not bar…
Is it improper for a lawyer to tell the trial judge the amount of a rejected settlement offer before trial?
Yes. The opinion concluded that telling the judge the amount of a settlement offer, which is privileged, inadmissible compromise material, is conduct prejudicial to the administration of justice in vi…
Can a company's in-house lawyer perform legal services for the company's customers and let the company bill the customers for that work?
No. The opinion concluded that a corporation may use lawyer-employees for its own legal affairs but not to perform legal services for others, which would be the unauthorized practice of law; corporate…
Can a lawyer represent an associate in the associate's own lawsuit when the associate will testify about disputed facts?
Yes, where the matter is the associate's private business. The opinion concluded that DR 5-101(B), the lawyer-as-witness rule, was not intended to bar an attorney from representing an associate who is…
Does a court-appointed criminal defense lawyer have to give an indigent client a copy of the trial transcript and the appellate brief?
It depends on who has the copy. If the court reporter furnished the attorney a copy of the transcript, T.C.A. 40-14-312 makes it the indigent client's property and DR 9-102(B) requires the attorney to…
Can a County Attorney, or the County Attorney's law partner or associate, represent criminal defendants prosecuted by the County Sheriff and deputies?
No. The opinion concluded the appearance of impropriety in a County Attorney representing criminal defendants prosecuted by the same county's law enforcement officers cannot be waived by the public, s…
Could a Tennessee law firm operate under a trade name like 'The Right Lawyer, P.C.'?
No. The opinion concluded that the firm name 'The Right Lawyer, P.C.' was false and misleading and constituted a prohibited trade or assumed name under DR 2-102(B). The Board vacated this opinion on S…
Can two New Jersey lawyers who share office space also share a computer and word-processing system, and still represent opposing clients?
Yes. The opinion concluded that two lawyers in adjacent offices who jointly use word-processing and computer facilities are not thereby 'office associates,' so they are not disqualified from represent…
Can a New Jersey law firm list an affiliated out-of-state law firm by name on its letterhead?
Yes. The opinion concluded a New Jersey firm may show the name of an affiliated Pennsylvania firm on its letterhead under its Philadelphia office listing, noting the affiliation, so long as it is clea…
Can a lawyer include a religious statement like 'Jesus Is Lord' and a dove in a law firm advertisement?
The opinion concluded that including the statement 'Jesus Is Lord' and a drawing of a dove in a lawyer's advertisement does not violate the Code of Professional Responsibility, because it is personal …
Can a lawyer send a letter to an accident victim soliciting personal injury work, and what must the mailing say?
The committee concluded that a lawyer may write directly to an automobile accident victim to solicit personal injury employment, so long as the letter contains no false, fraudulent, misleading, or dec…
Can a court-appointed criminal defense lawyer accept additional payment from the client's family on top of the statutory fee for appointed counsel?
LEI 83-5, a disciplinary ruling, concluded that the statutory fee for court-appointed counsel is the lawyer's exclusive compensation; a lawyer may not accept additional payment from the defendant or t…
Can a Colorado lawyer take a job with a traffic-ticket clinic that is owned and operated by nonlawyers?
The opinion concluded that a lawyer may not enter an employment relationship with a traffic clinic owned and controlled by nonlawyers where the clinic sets the fee schedule, collects fees from clients…
Can a lawyer who is a principal of a collection agency accept client referrals from it and refer clients to it?
The opinion concluded that, assuming no violation of the law against solicitation and full disclosure to the clients of the lawyer's relationship to the collection agency, a lawyer who is a principal …
Is a judge disqualified when a lawyer appearing before the judge is married to the judge's confidential law clerk?
The opinion concluded that neither the judge nor the practitioner-spouse is disqualified per se, so long as the law-clerk spouse is screened from the case; the law-clerk spouse, however, must disclose…
Can a Kentucky lawyer or law firm hold an open house to mark new offices or an occasion, and how must invitations be sent?
Qualified yes. The opinion concluded a lawyer or firm may hold an open house so long as any invitation (card, letter, or newspaper ad) complies with the advertising rule SCR 3.135(3), which bars invit…
Can a lawyer draft a will for a client that names the lawyer as a beneficiary or executor, where the client wants the lawyer to inherit?
LEI 83-3 concluded that a lawyer should not prepare a will naming himself as beneficiary or grantee; the respondent who drafted a will leaving himself substantial real estate, without advising the cli…
Can a non-practicing lawyer go into business with a non-lawyer offering divorce mediation services to the public?
No. The opinion concluded that divorce mediation as described (helping spouses reach a non-adversarial agreement on property division, support, and custody) constitutes the practice of law, so a lawye…
Can a law firm that represents a retailer suing a manufacturer over defective goods also represent the retailer's unhappy customers and join them as plaintiffs in the same suit?
The opinion concluded no. There is an inherent conflict of interest in representing both the retailer (suing the manufacturer over defects) and the purchasers, because each purchaser has a potential c…
Can an assistant district attorney prosecute a criminal case when the defendant is represented by a lawyer whose law partner is the prosecutor's spouse?
The opinion concluded no. The Maine Bar Rules forbid an assistant district attorney from prosecuting a criminal case against a person represented by a lawyer whose partner is the prosecutor's spouse, …
When a judge asks the winning lawyer to draft the final decree or judgment, must that lawyer send opposing counsel a copy of the proposed draft?
The opinion concluded yes. Maine Bar Rule 3.7(h)(2) bars a written communication to a judge about the merits of a contested matter pending before that judge without furnishing opposing counsel a copy.…
Can a law firm list its non-lawyer office manager, by name and titled 'office manager,' on the firm's letterhead?
The opinion concluded yes. Nothing in the Maine advertising rule or the other ethics rules specifically prohibits listing a non-lawyer on a lawyer's letterhead, so it is barred only if false, fraudule…
Can a lawyer who once clerked at a firm now represent that firm's former client against the firm in a fee-collection suit?
The opinion concluded yes, because the client the lawyer now represents and the client the firm previously represented are the same person, so there is no confidentiality breach or conflict of interes…
Can a lawyer who works for a law school form a partnership with a lawyer who regularly sues that law school on behalf of a union?
The opinion concluded the arrangement carries a definite appearance of a conflict of interest, so an adversarial relationship between the proposed partnership and the law school that employs one partn…
Can a lawyer both defend a client on a municipal-court charge and prosecute the cross-complaint that client filed against the same complaining witness?
Yes. The opinion concluded there is no conflict because the lawyer represents only his own client, both as defendant on the charge against him and as prosecutor of the client's own complaint, and a on…
Can a lawyer join a firm that represents casino clients before the Casino Control Commission when the lawyer's spouse is an assistant counsel at that Commission?
Yes. The opinion concluded the employment is ethical and the firm may keep representing casino clients, as long as the spouse who is assistant counsel to the Commission stays out of any matter involvi…
If a new judge referred a former client's case to a law firm and stands to collect a referral fee if the case wins, must the judge recuse whenever that firm appears on unrelated matters?
Yes; while the judge keeps a financial interest in the outcome of the referred case, the judge should not hear any matter handled by a lawyer connected with that firm, to protect the appearance of an …
When two of a firm's current clients sue each other, can the firm drop one and represent the other in the dispute?
The opinion concluded that a firm may not represent one current client in litigation against another current client, even on an unrelated matter, without both clients' consent after full disclosure, a…
Can a firm hold back a client's share of a settlement to apply it against the client's other unpaid bills to the firm?
The opinion concluded that no, a firm may withdraw its undisputed fee from settlement funds, but may not retain the client's share to offset the client's general indebtedness from other matters, becau…
Can a corporation's in-house lawyer provide legal services to the general public when the corporation markets those services and keeps the fees?
The opinion concluded that no, an in-house counsel for a community economic development corporation may not provide legal services to the general business public where the corporation markets the serv…
When the other side seeks frivolous-action costs against both a lawyer and the client, must the lawyer withdraw from the case?
The opinion concluded that a frivolous-action cost claim under Wis. Stat. sec. 814.025 creates a potential conflict between attorney and client but does not require withdrawal; continued representatio…
Can a law firm mail announcements that it has hired a nonlawyer, such as a former agency official, as a technical assistant?
The opinion concluded that yes, a firm may mail formal announcements of hiring a nonlawyer assistant, with a disclaimer that the person is not licensed to practice law, and it withdrew the contrary pa…
Can a lawyer call a member of the same firm, such as an accountant partner, as an expert witness for the client in a divorce trial?
The opinion concluded that it is improper for a member of the lawyer's firm to testify for the client on contested issues in a divorce trial, because the testimony comes from an interested witness and…
Can an attorney list a public office he or she currently holds on the law firm letterhead?
The opinion concluded that an attorney may not designate a presently held public office on his or her letterhead, because such a title is not relevant information for selecting counsel, is a form of s…
Can a lawyer who represented a mother and stepfather at a child-placement hearing later defend the stepfather against criminal charges arising from the same facts?
The opinion concluded the lawyer may defend the stepfather against the criminal charges where the placement-hearing information would be discoverable in the criminal action, but the lawyer may not use…
Can a Family Court Commissioner act as advocate prosecuting a child-support contempt action while also serving as advisor to the trier of fact?
The opinion concluded that a Family Court Commissioner may not act as advocate and advisor simultaneously, because the appearance of impropriety in serving both competing roles is too significant; on …
Can an assistant corporation counsel who represents the state in a paternity action also represent the mother in the same proceeding?
The opinion concluded that the corporation counsel may represent both the state and the mother in a paternity action, provided the mother is advised at the outset of counsel's primary duty to the stat…
After mailing a prospective client an advertising letter or brochure, can a lawyer follow up with a phone call to that person?
The opinion concluded that such follow-up calls are improper, because Wis. Stat. sec. 757.295 prohibits solicitation of legal business and the Wisconsin Supreme Court required attorneys to avoid solic…
Can a lawyer agree to a flat fee set in advance for each insurance defense case, regardless of how much work each case requires?
The opinion found nothing improper in a blanket fee set in advance for insurance defense cases, so long as the fee is not clearly excessive, while reminding counsel of the duty of competent and zealou…
Can two lawyers and a nonlawyer run a company out of the lawyers' office offering trucking-industry regulatory services without holding it to the rules of professional conduct?
The opinion concluded that the proposed trucking-service company was a law-related second occupation and, because it operated from the lawyers' office, was inseparable from the law practice and so sub…
Can a lawyer contact the opposing party's expert witnesses, including treating physicians, without opposing counsel's permission?
The opinion concluded that yes, an attorney may interview an opposing party's expert witnesses without opposing counsel's consent; a later opinion, E-91-4, modified this to bar private interviews of a…
Can a lawyer garnish payments owed to a client who skipped town without paying, in order to collect an unpaid fee reduced to judgment?
The opinion concluded that commencing the garnishment action is not a per se violation of the Code, assuming the client's nonpayment is a gross imposition or fraud, but only if the action will not mak…
Can an organization that is not a party to a class action pay the litigation expenses if it shares in no recovery?
The opinion concluded that a nonparty organization may fund the litigation expenses of a class action, provided none of the contributed funds compensate the attorneys representing the class and the ac…
Can lawyers advertise to find plaintiffs for a class action or other lawsuit?
The opinion concluded that yes, attorneys may advertise for clients in a class action or other lawsuit, so long as the advertising is not false, misleading, deceptive, or unfair under SCR 20.08(7).
Can a part-time municipal prosecutor who handles traffic cases in the city also defend traffic and criminal cases arising outside city limits?
The opinion concluded yes; because the municipal attorney's prosecutorial authority is limited to violations occurring within the municipality, he may privately defend traffic and criminal cases for o…
Can a lawyer who represents a corporation in bankruptcy also file a workers' compensation claim for a former employee injured working for that corporation?
The opinion concluded no; a lawyer representing a corporation in bankruptcy may not simultaneously pursue a workers' compensation claim for a former employee arising from the corporation's employment,…
Can a lawyer agree in advance to only draft the pleadings in a divorce case and let the client proceed pro se from there?
The opinion concluded yes; a lawyer may, by prior agreement, limit representation to preparing pleadings in a pro se dissolution, provided the client gives fully informed consent and the lawyer takes …
What must a law firm do with client funds in trust when the client, a now-dissolved corporation, cannot be located?
The opinion concluded the firm must keep the funds in its trust account, make reasonable efforts (scaled to the amount) to locate the client, and then proceed under the state's Uniform Disposition of …
Must a seller's lawyer who is a member of a bar-related title insurer get the buyer's consent before placing the title insurance with that insurer?
The opinion concluded no; the seller's attorney owes the disclosure-and-consent duty only to his own client, the seller, not to the non-client purchaser, so the buyer's consent is not required to plac…
Can one partner represent a corporation's sole shareholder while another partner in the same firm represents someone the corporation is suing?
The opinion concluded no; a firm representing a corporation's sole shareholder may not also represent a defendant the corporation is suing, because the shareholder-client's financial interest in the c…
Can a lawyer who takes referrals from an organization pay that organization for clerical or paralegal help, or make regular contributions to it?
The opinion concluded no; a lawyer may not, as part of a referral arrangement, pay a referring organization for its clerical or paralegal services, and may not make periodic contributions to it, becau…
Can a lawyer represent another lawyer in the other lawyer's own case while the two regularly oppose each other on behalf of their clients?
The opinion concluded yes; one lawyer may represent another, even though they are frequently adverse on behalf of clients, provided both make full disclosure to the affected clients and obtain their c…
Can a lawyer's firm represent a public planning commission on which the lawyer serves as a voting member and committee chair?
The opinion concluded a conflict exists; a lawyer who is a voting member of a public regional planning commission, and his firm, may not also represent the commission as its attorney, and because a pu…
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.