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 one law firm represent a county utilities authority while a partner represents a municipality that belongs to that authority, and does hiring separate special counsel cure the conflict?
No. The opinion concluded a firm may not represent a county utilities authority while a partner represents a member municipality, and neither appointing separate special counsel nor forming a separate…
Can a lawyer who serves as a tax-assessment hearing officer, or others in his firm, represent private clients in those same proceedings?
The opinion concluded that a lawyer serving as a small-claims real property tax assessment hearing officer, and the lawyers in his firm, may not represent private clients in tax-assessment matters in …
Must a Florida lawyer who suspects a former client gave false affidavits or deposition testimony disclose the suspected fraud to the court?
Only if the fraud is 'clearly established.' Under DR 7-102(B) the duty to reveal a client's fraud on a person or tribunal arises only when the lawyer has information clearly establishing it; doubt is …
Can a lawyer share office space with a non-lawyer business, like a mortgage company or an insurance underwriter?
Yes. The opinion concluded a lawyer may share office space with a non-lawyer business so long as the separate practices and identities are maintained and client confidences are preserved, and it overr…
Can a British law firm open a New York office run by one of its members who is admitted to the New York bar?
The opinion concluded that a British solicitors' firm may open a New York office managed as resident partner by a member admitted to the New York bar, because a lawyer admitted in another jurisdiction…
Can a criminal defense lawyer privately represent an assistant prosecutor, county investigator, or county detective in personal matters while practicing criminal defense in the same county?
No. The opinion concluded that members of the local criminal defense bar should not undertake private representation of a prosecutor's staff (assistant prosecutors, county investigators, county detect…
Can a part-time Kentucky Commonwealth's or county attorney represent a licensee in a disciplinary action before a state licensing board, or against that board in court?
No. The opinion concluded that because Commonwealth's and county attorneys and their assistants are compensated by the state, they could not represent private clients against the state's licensing boa…
Can a law firm list a name and phone number in a city's telephone directory when the firm does not actually maintain an office there?
No. A telephone-directory listing that implies a firm is practicing in a city where it has no office is misleading on its face and is not permitted.
Can a lawyer who is not admitted in Kentucky advertise legal services in Kentucky?
Qualified no. A lawyer not admitted in Kentucky may advertise there, but the advertisement is misleading unless it discloses that the lawyer is not admitted in Kentucky, because an unqualified ad impl…
Can two Kentucky lawyers who are not partners hold themselves out as 'Jones & Jones,' and can a lawyer be a partner in more than one law firm?
No to the false partnership name: lawyers who are not in fact partners may not use a firm name that implies a partnership. As to belonging to more than one firm, the opinion gave a qualified yes, allo…
Can a lawyer who sits on a legal aid program's board represent a client opposing someone represented by that program's staff attorney?
Qualified yes. The opinion concluded it depends on the board's role: if board members directly participate in client representation it is a disqualifying conflict, but if the board only sets policy an…
When does a part-time Kentucky prosecutor's private practice (or a prosecutor's spouse's practice) create a disqualifying conflict with a criminal case the prosecutor is handling?
The opinion answered three scenarios: a prosecutor may prosecute a criminal case linked to a civil case only if the prosecutor's own civil client filed the complaint (and then withdraws from the civil…
Can a lawyer state on the letterhead that he is certified as a Civil Trial Advocate by the National Board of Trial Advocacy?
The committee concluded that it is not improper for an attorney to designate on his letterhead that he has been certified as a Civil Trial Advocate by the National Board of Trial Advocacy. It was deci…
Does a lawyer who volunteers as a community mediator have to report crime, fraud, or child abuse learned during a mediation session to authorities?
No. The opinion concluded a lawyer serving as a mediator in a voluntary community program is not required by the disciplinary rules to disclose information learned as a mediator, because no attorney-c…
Does a board of education's attorney have a conflict of interest when his wife is a teacher paid out of the same school budget he defends?
Not on these facts. The opinion concluded there was little likelihood of any direct conflict where the school board's attorney supported a budget that funded his wife's teaching salary, finding the si…
Can a one-lawyer professional corporation form a partnership with an individual attorney and keep a firm name that reads as individuals' names?
Yes. The opinion concluded that a partnership made up of a one-attorney professional corporation and an individual lawyer, using a firm name that reflects individuals' names consistent with the discip…
Can a judge hear cases involving a law firm the judge is negotiating with for future employment?
The opinion concluded that a judge may not hear matters in which a law firm the judge is negotiating with for private employment appears, and even after the judge declines a firm, the prior negotiatio…
Can a lawyer mail bar association 'Know Your Rights' pamphlets to clients and non-clients and mention them in advertising?
The opinion concluded that a lawyer may distribute the New York State Bar Association's 'Know Your Rights' pamphlets in a general mailing to clients and non-clients and may mention their availability …
Can one lawyer represent several accident victims from the same crash, including a wrongful-death claim, when the insurance covers everyone fully?
The opinion concluded that where there is no question about the carrier's coverage or ability to pay, so that sufficient assets exist to satisfy all potential claims, one lawyer may represent multiple…
Can a lawyer defending a contractor sued by the State of Tennessee interview non-management state employees, including the State architect, without going through the Attorney General's office?
Yes. The opinion concluded DR 7-104's ban on communicating with an adverse party known to be represented by counsel does not apply to communications with an employee of the State where the State alone…
Can a Tennessee lawyer accept a contingent fee in a domestic relations case?
Accepting a contingent fee in a domestic relations case, standing alone, does not warrant discipline, but the opinion concluded such arrangements are rarely justified because of the human relationship…
Can a legal services law office give client identifying information, like Social Security numbers and demographics, to the government agency that funds the office?
Only with the client's informed written consent. The opinion concluded that client identifying details such as Social Security number, address, date of birth, sex, race, and referral source are secret…
Can a lawyer apply trust funds held for one purpose to his own fee claim over the client's objection, and may he keep more than the claim is worth?
The opinion concluded that funds held in trust for a different purpose may not, over the client's objection, be applied to the lawyer's fee claim or claimed lien without prior court approval, and that…
Does a court-appointed lawyer act unethically by filing an appeal the lawyer thinks is frivolous when the indigent client insists on appealing?
The opinion concluded that a court-appointed lawyer who, at the client's insistence and following the Anders procedure, commences an appeal he believes frivolous does not act unethically, because the …
Can a lawyer advertise examples of past case results and the dollar amounts recovered?
The opinion concluded that, as a general rule, a lawyer may not advertise results obtained in prior cases, including selected examples with recovery amounts, because such claims are unverifiable and t…
Must a lawyer who handled an indigent defendant's criminal appeal give the client the State-supplied trial transcript after the appeal ends?
The opinion concluded that yes, if the client wishes it, the lawyer must turn over the transcript, because the right to the transcript belongs to the defendant, not the lawyer, and a lawyer must promp…
Can an assistant district attorney keep prosecuting when her spouse is a Superior Court judge in the same community?
The opinion concluded that the mere fact of marriage between a Superior Court judge and an assistant district attorney in the same community does not violate the Code, assuming the proposed safeguards…
Can a Maine lawyer keep the client trust account in an out-of-state bank that is closer to the office than any in-state bank?
The opinion concluded no. Maine Bar Rule 3.6(f)(1) requires client funds to be deposited in one or more bank accounts maintained in the state where the law office is situated, and it contains no excep…
Can a lawyer who chairs the county commissioners keep defending criminal cases that the sheriff's office investigated, when the commissioners oversee the sheriff, and must the district attorney withdraw from cases against that lawyer's clients?
The opinion concluded that the district attorney need not withdraw from any case, because the DA represents the county as a governmental body, not any individual commissioner, and prosecuting the chai…
What conflict and disclosure duties does a lawyer who serves in the legislature, and the lawyer's firm, owe to clients affected by legislation, and can a partner serve as a paid lobbyist?
The opinion concluded that the rule on lawyers in public office (Rule 3.2(d)) is not a blanket bar on representing clients affected by legislation; it reaches only the use of public position for a spe…
What must Colorado legal aid lawyers do when their program loses funding and they can no longer represent all their clients?
The opinion concluded that as substantial defunding becomes reasonably evident, legal services lawyers must protect existing clients first: notify clients, set priorities, inform the courts, and seek …
Can a municipal attorney represent both the city and its police officers in a suit against both over alleged excessive force?
The opinion concluded that a municipal attorney cannot represent both the municipality and its police officers where their interests differ, and a private attorney paid by the municipality may represe…
After speaking at a seminar, can a lawyer send a follow-up letter to attendees who asked the sponsor for more information?
The opinion concluded that sending such a letter would be improper solicitation, because it amounts to recommending the lawyer's own employment to nonlawyers who did not seek the lawyer's advice.
After settling the passengers' claims from a car crash, can one lawyer represent both the driver and the owner of that car in their own claims?
The opinion concluded that the lawyer may not represent both the driver and the owner together, because the owner may have a claim against the driver, but may represent either one alone subject to pro…
In a contingent-fee case, can the lawyer switch to hourly billing if the client abandons the claim or accepts a settlement the lawyer thinks is too low?
The opinion concluded that the lawyer is limited to the contingent fee when the client accepts a settlement, and that a contract clause letting the lawyer bill hourly because the lawyer deems an offer…
Can a government agency lawyer send the opposing lawyer's client copies of correspondence sent to that lawyer?
The opinion concluded that doing so violates the no-contact rule even when the client has a strong interest in the matter; to address a dilatory opposing lawyer, the agency lawyer may send copies to t…
If a city attorney is called as a witness by the opposing party, must the attorney withdraw from representing the city?
The opinion concluded that the city attorney need not withdraw when called as a witness by the adverse party (rather than on the city's behalf), subject to the rules, the client's consent, and the tri…
Can a lawyer destroy parts of a client's file at the client's request when the other side is expected to seek that material in discovery?
The opinion concluded that the lawyer may not destroy the relevant portions of the file if the lawyer reasonably believes the information will be sought by the opposing party, because a lawyer may not…
Can a law firm be paid to represent a public education district when one of the firm's lawyers sits on that district's board?
The opinion concluded that yes, the firm may represent the district for compensation if the board member makes full disclosure, abstains from the decision to retain the firm, and the firm's duties are…
Can a lawyer advise a client to destroy a contract not to revoke a will, and can the firm later probate the estate while bound to keep the deceased client's confidences?
The opinion concluded that a lawyer may not advise a client to destroy a contract not to revoke a will, the firm may not later represent the estate's corporate fiduciary because of the conflict and li…
If a lawyer becomes a part-time criminal intake court commissioner, can the lawyer and the partner still take criminal defense cases?
The opinion concluded that the commissioner's partner is barred from appearing in any action in which the commissioner acted, but neither the commissioner nor the partner is barred from defending case…
Does a lawyer have to tell a client that the lawyer made an error that might be malpractice and that the client may have a claim against the lawyer?
The opinion concluded that an attorney is obligated to inform the client that an omission has occurred which may constitute malpractice and that the client may have a claim against the lawyer for it.
Can lawyers own an outside business such as a collection agency while practicing law, and can their firm accept referrals from that business?
The opinion concluded that owning a collection agency is not prohibited per se, but accepting referrals from it is governed by the solicitation and barratry rules and may often result in a violation.
Can a law firm publish a newsletter of general legal information and mail it to clients and acquaintances under the firm's name?
The opinion concluded that a firm may publish and distribute such a newsletter, with the firm's name listed, provided it helps readers recognize legal problems, is not misleading, and does not appear …
Can a candidate for the Michigan Supreme Court criticize a divided opinion of that court during the campaign?
The opinion concluded that a candidate for the Michigan Supreme Court may criticize the majority portion of a divided opinion of that court, and the legal philosophy underlying it, so long as the crit…
Can a lawyer who serves as a state legislator and works only intermittently with a firm be held out as 'of counsel' to that firm?
The opinion concluded a legislator whose continuing relationship with a firm satisfies the traditional 'of counsel' test may be held out as 'of counsel,' even though he is not 'actively and regularly'…
Can a law firm give clients pens imprinted with the firm name, address, phone number, and practice areas?
The opinion concluded a firm may distribute nominal-value imprinted pens, treating it as permitted advertising, provided an individual lawyer's name appears on the pen; it overruled earlier opinions t…
Can a lawyer keep a small fee a title insurance company pays for furnishing 'back title evidence' when applying for the client's title insurance?
The opinion concluded the lawyer may not keep the commission; it must be disclosed to the client and credited or remitted to the client, because retaining it would be an unreasonable, arbitrary fee, t…
Can a landowner's lawyer try to settle an eminent domain case directly with the condemning authority's employees when that authority has its own counsel?
The opinion concluded no; a lawyer may not communicate directly with employees of a represented condemning authority to settle an eminent domain case without the prior consent of its counsel, even to …
Can a part-time assistant state's attorney assigned to civil cases represent private clients on zoning matters before the county board?
The opinion concluded no; a part-time assistant state's attorney who handles civil matters for the county may not represent private clients on zoning matters before the county board, because his duty …
Can a part-time public defender who learns of police misconduct through that work refer the civil case to another lawyer and collect a referral fee?
The opinion concluded it is not improper; a part-time public defender's clients are the accused, not the county, so there is no conflict, and he may refer a police-misconduct case to other counsel and…
Can a firm list independent lawyers who only take forwarded work as 'Of Counsel,' and can it pay them a referral fee on those matters?
The opinion concluded the firm may not show independent lawyers who are merely receivers of forwarded business as 'Of Counsel,' because no true continuing relationship exists, but it may pay or charge…
Can a company that uses its own salaried in-house lawyer to foreclose mortgages claim part of that lawyer's salary as a recoverable legal fee from the borrower?
The opinion concluded it is not improper; a thrift institution may claim the portion of its salaried in-house lawyer's salary attributable to a foreclosure as a legal fee, because the lawyer never bec…
Can a legal-services lawyer take part in a program where an outside nonprofit advances students' court costs and its staff helps them file small claims suits?
The opinion concluded no; the lawyer could not participate, because the outside organization's staff helping students file and pursue claims would be the unauthorized practice of law that the lawyer i…
Can lawyers who only share office space and overhead, without sharing fees, use common letterhead or stationery?
The opinion concluded no; lawyers in an office-sharing arrangement who do not share fees may not use common stationery, because it would mislead the public about their relationship and about who is re…
Can a lawyer write a general-interest legal article for a newspaper with an author credit, and publicize the firm's attendance at CLE seminars?
The opinion concluded yes to both; a lawyer may cooperate in publishing a general legal article with an authorship credit, and lawyers may release news of their attendance at continuing legal educatio…
Can a lawyer let his name appear on a project billboard stating that he provided the legal work for a construction project?
The opinion concluded yes; a lawyer may permit his name to appear on a billboard noting that he did the legal work for a project, as long as the advertisement is not misleading, which here meant ident…
Can a lawyer let a client send out collection letters on the lawyer's stationery and name when the client, not the lawyer, runs the collection process?
No. The opinion concluded a lawyer should not lend his name to a client's collection work at all, and disapproved a scheme of escalating form letters on the lawyer's stationery where the client bulk-m…
Can an assistant county counsel have a partner who serves as a municipality's counsel in the same county, and can the assistant county counsel also be a municipal prosecutor there?
No to the first, yes to the second. The opinion concluded an assistant county counsel's partner may not be counsel to a municipality in the same county, but the assistant county counsel may also serve…
Can a Texas lawyer keep client escrow or trust funds in an interest-bearing account and retain the interest for himself?
The Committee concluded that a lawyer may not use client money to earn interest for himself; doing so violates DR 9-102 because a lawyer who holds client funds is a fiduciary with no right to the mone…
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.