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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Does Rule 4-4.2 apply to ex parte contact in FELA cases?
The opinion said Rule 4-4.2 applies, including its authorized-by-law exception, and directed interpretation of FELA's application to particular facts to court decisions.
Could a prosecutor privately represent an accident plaintiff against a defendant the prosecutor convicted of DWI in that accident?
The opinion found a Rule 1.7(b) conflict and said consent was unavailable because the state was one of the prosecutor's clients.
Would a lawyer be disciplined merely for filing a personal bankruptcy petition?
The opinion said personal bankruptcy alone was not grounds for discipline; fraudulent or dishonest conduct could independently be grounds for discipline.
Could a will drafter discuss a deceased client's competency or open the file to heirs in a will contest?
The opinion said Rule 1.6 confidentiality survived death, rejected disclosure by interested-party consent alone, and limited court-ordered disclosure to information specifically covered by the order.
When could a firm represent a driver and employer, or an employer and employee on unrelated matters?
The opinion allowed driver-employer joint representation after full disclosure and separate consent, with withdrawal if conflict arose; it required consent for concurrent employer-employee adversity…
Could a dissolution lawyer withdraw before filing if the retainer and filing fee were returned?
The opinion answered yes to withdrawal on the stated facts that no case had been filed and both the retainer and filing fee would be returned.
Could a law firm office manager operate a separate support-staff placement business from the firm's office?
The opinion found no rules violation in the proposed arrangement, provided law firm records remained confidential and signs reflected that the businesses were separate.
Could a former defense lawyer represent the theft victim's employer in a related suit against a third person?
The opinion required the former client's consent after full disclosure and said the lawyer would have to withdraw if the former client was later brought in as a defendant.
To whom did insurer-appointed counsel owe candor and confidentiality?
The opinion said counsel owed those duties to both the insured and insurer unless each separately consented after full disclosure to a limitation; irreconcilable conflicts could require withdrawal…
What did Missouri's original Opinion 940005 say about a lawyer being partner in two firms?
The original opinion found a violation because the lawyer would face both firms' conflicts and clients would not know all of the other firm's conflicts; later Opinion 940075 reconsidered and…
Could a lawyer work on trusts and wills through a financial adviser's firm or take its referrals?
The opinion raised or found unauthorized-practice concerns for the adviser's document and legal-department plans, but allowed bare referrals without a separate relationship or anything of value exchanged.
What could accident counsel do after possible driver fault created a conflict with passengers, including minors?
The opinion allowed complete withdrawal, or withdrawal from the passengers while continuing for the driver if the passengers waived the conflict; the minors' next friend could waive for them.
Does serving as bond counsel for a state agency make the whole state government the firm's client and bar it from representing private clients adverse to other state agencies?
The committee concluded that, absent special circumstances, representing one state agency (here as bond counsel for the State Treasurer) does not make the whole Commonwealth the firm's client and…
If a witness tells a lawyer that an unfiled affidavit the client prepared is perjurious, what does the lawyer owe the witness, the client, and the court?
The committee concluded the lawyer must tell his client about the witness's recantation, may not file the affidavit the witness now calls perjurious, and has nothing to report to the court because…
Can a lawyer disclose a client's identity in response to an IRS summons about cash fees over $10,000 when the client refuses to consent?
The committee concluded that, with the client refusing consent and no Supreme Court decision settling that the tax-reporting law overrides confidentiality, the lawyer should resist disclosing the…
Can a government lawyer use privileged corporate documents that a whistleblowing former employee leaked to a regulator, with no government involvement in taking them?
The committee concluded the Disciplinary Rules did not bar the government lawyer from possessing and using the documents, privileged or not, where a former employee leaked them on his own…
Could Nebraska counsel interview an adverse corporation's unrepresented former employees without permission from the corporation's lawyer?
Yes. The 1994 opinion permitted interviews of unrepresented former employees without corporate counsel's consent but prohibited inquiry into privileged attorney-client communications.
Can a lawyer discuss confidential client matters over a cellular telephone?
The committee concluded that a lawyer should not discuss confidential information on a cellular telephone if there is any nontrivial risk it could be overheard by a third party, unless the client…
Under Nebraska's former bright-line conflicts rule, could a screen cure a substantially related conflict brought by a lawyer or nonlawyer moving between firms?
No. The 1994 opinion extended the bright-line disqualification rule to lawyers and ancillary staff, rejected screens as a cure, and made no exception for government offices.
Can a lawyer take a contingent fee to collect delinquent child support after a divorce is final, and can it cover future payments?
The committee concluded a contingent fee to collect delinquent child support is permitted once the divorce is final, but the fee may not turn on a criminal contempt outcome, and a fee on future…
Can a lawyer bill a client at an hourly rate for a secretary or file clerk's time just because the staffer earned a weekend paralegal certificate?
The committee concluded a lawyer may bill an agreed hourly rate for support-staff time if the client agrees in advance and the fee is not illegal, unconscionable, or misrepresentative; the lawyer…
Can a former government lawyer put the state seal or the scales of justice on a private-practice business card?
The committee concluded that using the scales of justice on a card is appropriate because it accurately signals a legal professional, but using the state seal would be misleading under Rule 7.1 by…
Can a lawyer withdraw from a personal-injury client who appears mentally incapacitated, unresponsive, and possibly arrested out of state?
The committee concluded the lawyer is not required to withdraw and, although Rule 1.16(b) would normally permit withdrawal, here it would materially harm the apparently incapacitated client; the…
Can a lawyer join a barter exchange that takes a 10% commission when the lawyer spends the credits earned from legal fees?
The committee concluded the arrangement clearly violates Rule 5.4's bar on sharing legal fees with a non-lawyer and Rule 7.2(c)'s bar on paying a non-lawyer a commission for channeling work, because…
Can a state agency staff lawyer also sit as a hearing officer on the panel that reviews protest matters involving his own agency?
The committee concluded a staff lawyer may not serve as a panel hearing officer while continuing to represent the agency, because the duty of impartiality conflicts unwaivably with zealous advocacy…
Can a law firm whose lawyers volunteer to prosecute in a solicitor's office also defend clients being prosecuted by that same office?
The committee concluded the firm may not, even where no firm member would prosecute that client, even with screening, and even with both the solicitor's and client's consent, because the firm's…
Can a lawyer take court-appointed indigent criminal defense in one circuit when a firm member is a part-time solicitor in a different circuit?
The committee concluded it is not a violation for a firm's lawyers to be court-appointed to defend indigent criminal defendants in a different circuit from where a firm member serves as a part-time…
What must a lawyer do when subpoenaed to testify about a client's whereabouts in family court?
The committee concluded the lawyer should not voluntarily reveal the client's address, which is information relating to the representation under Rule 1.6, and must invoke the attorney-client…
Could Nebraska lawyers promote and use a company that bought or collected client installment accounts at discounts of 10% or 20%?
No under the described plan. The 1994 opinion identified misleading promotion, confidentiality, fee, collection, conflict, and nonlawyer fee-sharing problems and treated advance discounting of…
What should a lawyer holding estate funds do if the administratrix client may divert them, and can the firm also be sureties on her bond?
The committee concluded the lawyer may not help the administratrix divert estate funds and should seek the Probate Court's instructions, revealing confidences only as needed to prevent a crime; and…
What could a Maine judge do while the judge’s spouse ran for the legislature under the former Code?
The committee barred campaigning, campaign events, contributions and visible endorsements, while allowing ordinary social appearances unrelated to the spouse’s candidacy.
Can a lawyer who contracts to represent one state agency sue a different, unrelated state agency on behalf of a town?
The committee concluded the lawyer is not prohibited from representing the town against the Department of Corrections, because that agency and the Social Services agency the lawyer contracts with…
Can a lawyer set up an online law office to give legal information and advice nationwide, and what limits apply?
The committee concluded that offering general legal information online is permitted, but running an electronic law office raises advertising, multijurisdictional-practice, conflicts, and…
Does a lawyer's mailed brochure that contains only information allowed by the advertising rule still have to follow the direct-solicitation rule?
The committee concluded that Rule 7.2 does not stand apart from Rule 7.3, so a mailed brochure must comply with Rule 7.3(b), and the Rule 7.3(c) notices are required only when it is sent to a…
Can a plaintiff's lawyer interview a corporate defendant's current or former employees, before or after suit, without the corporation's counsel present?
The committee concluded that Rule 4.2 bars contact with current employees who can bind the corporation, and with former employees whose conduct is the subject of the matter or imputable to the…
Can a discharged legal-services lawyer reveal confidential client information to defend against substandard-performance claims in a termination appeal?
The committee concluded that under Rule 1.6(b)(2) the lawyer may reveal confidential information as necessary to respond to the performance allegations in his appeal before the agency board, limited…
Can a lawyer reveal confidential client communications to defend himself in a Social Security Administration investigation of his own conduct?
The committee concluded that under Rule 1.6(b)(2) the lawyer may reveal confidential information as necessary to respond to allegations about his representation in the SSA proceeding, limited to…
When a successor lawyer settles a workers' comp case, what does she owe the discharged prior lawyer who had a contingency agreement and a fee claim?
The committee concluded the successor must hold the settlement funds, notify the prior lawyer, and deliver what he is owed under Rule 1.15 if he has a lien or fee interest, and must disclose the…
If a client signed a doctor's lien but the fee contract is silent on it, can the lawyer follow the client's instruction to disregard the lien and pay the client?
The committee concluded a lawyer who knows the client made a valid assignment of litigation proceeds to a medical provider may not ignore the assignee's rights and pay the funds to the client, even…
Could Nebraska lawyers operate a paid telephone service in which law students advised callers about legal rights and possible action?
No. The 1994 opinion treated the proposed advice as the practice of law, which the students were not authorized to perform, and held that lawyers supporting the service would violate the ban on…
Can town counsel sue a town agency she is currently representing in unrelated litigation, at the selectmen's direction?
The committee concluded that, in narrow circumstances, town counsel may sue a subordinate agency she currently represents elsewhere, where the two matters are unrelated, she holds no relevant…
Is it a conflict to represent a wife in a divorce against a man the firm represented in a different divorce sixteen years earlier?
The committee declined to give a definite answer on the sparse facts, but said under Rule 1.9 a substantially related, materially adverse matter requires the former client's consent under Rule…
When a government agency lawyer learns from opposing agency counsel that a cleared employee was actually guilty, what may the agency lawyer do with that information?
The committee concluded the agency lawyer, as counsel for the organization under Rule 1.13(b), may proceed as reasonably necessary in the organization's best interest, and should also weigh whether…
If a lawyer contracts to represent a state agency in one county, can the lawyer's firm be appointed against that agency in another county?
The committee concluded that because the statewide agency is the client, neither the contract attorney nor any member of the firm should represent a defendant or guardian ad litem in the agency's…
Can a firm that jointly represented a couple in an adoption later represent the husband in their divorce and custody case over the wife's objection?
The committee concluded Rule 1.9 prohibits the firm from representing the husband, because the prior adoption matter is substantially related to the divorce and custody case, the spouses' interests…
Could an Arizona patent lawyer take a partial patent assignment as a contingent fee for preparing and prosecuting an application?
Opinion 94-15 found the proposed partial assignment consistent with then-current rules if the transaction met ER 1.8(a): fair and reasonable written terms and disclosure, a reasonable opportunity…
After a lawyer withdraws from representing a conservator due to a conflict, can the lawyer's partner sue on the ward's behalf against a related party?
The committee concluded that because the withdrawing lawyer's conflict between the grandmother and the minor is imputed to his partner, the partner cannot represent the minor in the related…
Could an Arizona firm advertise a donation of ten percent of its fee to a charity chosen by the client?
Opinion 94-14 allowed the proposed donation and advertisement if the total fee remained reasonable, the charity neither referred work nor interfered with judgment, and the advertised pledge was…
Can a lawyer's firm represent a wife in a divorce against a husband the firm formerly represented in a child-custody case?
The committee concluded the firm may represent the wife in a divorce-only matter if no duty of confidentiality to the husband would be violated, but representation is unlikely to be permissible…
Did Arizona Opinion 94-13 require disclosure or withdrawal when a court-appointed custody expert was the lawyer's former client?
Opinion 94-13 found no routine duty to disclose the unrelated former-client relationship or replace the expert. It identified withdrawal concerns if undisclosable former-client information would…
Could a Vermont lawyer advertise a 10 percent hourly-rate discount or a free initial consultation?
Opinion 94-13 allows both offers, but warns that omitting the underlying hourly rate or the consultation's duration could make the advertisement misleading.
Can a lawyer privately review and comment on a case a judge has under advisement when the lawyer represents no party in it?
The committee concluded the rules do not prohibit a lawyer from complying with a judge's request to review a pending matter, and the lawyer has no obligation to notify the parties' counsel because…
Did Arizona Opinion 94-12 require reporting a former lawyer's misconduct when the report would reveal the current client's confidential information?
Opinion 94-12 assumed misconduct otherwise triggered ER 8.3(a), but held ER 8.3(c)'s confidentiality exception barred a report based on representation-related information when the client withheld…
Could a Vermont lawyer advertise concentrations in more than one field of law?
Opinion 94-12 allowed a lawyer or firm to advertise concentration in multiple fields under former DR 2-105, subject to DR 2-101's ban on false or misleading claims and its requirement that quality…
Can an Illinois lawyer join a for-profit lawyer referral service that pays the service for sending clients?
The opinion concluded that an Illinois lawyer may not participate in a for-profit lawyer referral service, because Rule 7.2(b) permits paying the usual charges only of a not-for-profit lawyer…
Can a South Carolina lawyer use a collection agency, report a client to a credit bureau, or run a credit check to handle unpaid legal fees?
The committee concluded a lawyer may use a collection agency for past-due fees and may run a credit check if the client's status is not revealed, but should not report a non-paying client to a…
Could an Arizona lawyer report a client's unpaid legal bill to a credit bureau or use a collector that did so?
Opinion 94-11 barred disclosure of current or former client billing information to a credit reporting agency without the client's prior consent after consultation. The same limit applied to a…
Can a law firm staff a for-profit car-phone legal-advice hotline run and advertised by a nonlawyer company?
The opinion concluded that a firm's participation in a for-profit cellular legal-advice hotline run by nonlawyers is professionally improper, because the promotion is misleading and omits a…
Can a lawyer send other lawyers a letter offering to serve as a mediator, and does the solicitation rule govern it?
The committee concluded that a letter to other lawyers offering mediation services is not a solicitation of legal employment, so Rule 7.3 does not apply, but the lawyer must still avoid false or…
Could an Arizona firm charge a five percent cost surcharge instead of itemizing routine client expenses?
Opinion 94-10 allowed a percentage charge for disbursements if it was clearly disclosed, reasonable, approximated actual expenses, and the client consented in writing at the start. The lawyer needed…
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.