Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try a different search term or clear the filters.
Can a lawyer defend criminal cases in a county where a partner serves as a part-time Special Assistant State's Attorney handling only civil matters?
The opinion concluded a firm partner may defend a criminal case in the county even though another partner is a Special Assistant State's Attorney for civil matters only, provided that partner has no c…
Can a lawyer advise a client on the consequences of breaching a contract and prepare documents to carry out the breach?
The opinion concluded a lawyer may advise a client on the consequences of a non-criminal breach and prepare documents implementing the client's informed decision to breach, but may not help a client e…
Can a lawyer send letters to non-clients offering to conduct seminars on legal issues currently affecting them?
The opinion concluded it is not improper for a lawyer to write non-clients offering to conduct seminars on legal subjects of current concern, because the letters do not recommend or solicit employment…
Can an incoming partner pay the existing partners more than the firm's physical assets are worth, and then share in fees the firm collects after admission for work done before it?
The opinion concluded that admitting a new partner who pays more than the fair market value of the firm's physical assets is not a prohibited sale of a law practice, and the new partner may share in f…
Can a lawyer oppose another lawyer's client when that other lawyer is the first lawyer's own client or former client?
The opinion concluded that representing a client against a client of Lawyer B is permissible, and needs no consent, where Lawyer A only previously represented Lawyer B in a concluded matter; but if La…
Can a lawyer collect a contingent fee that exceeds the attorney's fees the court awarded, up to the agreed one-third of the recovery?
The opinion concluded that, absent a statutory cap, a contingent-fee agreement may yield a fee larger than the court's fee award; but if the court awards more than the contract amount, the lawyer is l…
Can a lawyer represent a contract purchaser seeking to amend a contract that the lawyer's firm drafted years earlier for the seller, who was then a firm client?
The opinion concluded the lawyer is vicariously disqualified, even though he joined the firm after the prior representation, unless he rebuts the presumption that firm members share a former client's …
Can a Texas lawyer or law firm let its name appear on the business card of a legal assistant or paralegal it employs?
The Committee concluded that a legal assistant may carry a business card showing the firm name as long as the legal assistant's status is clearly disclosed, the card identifies who employs the assista…
When can a lawyer who is not a partner or associate be listed as 'Of Counsel' on a Texas firm's letterhead?
The Committee concluded that 'Of Counsel' must denote a regular, continuing, and substantial relationship between the firm and the lawyer; mere availability for consultation or prior, sporadic associa…
Can a Texas attorney serve a commercial collection agency where the agency's lay staff start the collection process before the lawyer gets involved?
The Committee concluded that the arrangement is improper because it removes the direct attorney-client relationship the lawyer needs to acquire knowledge and exercise judgment, increases the potential…
Can an out-of-state law partnership run a Texas office under the same firm name, and what conditions apply?
The Committee concluded that an out-of-state partnership may operate a Texas office under the same firm name if it keeps a resident Texas-licensed partner and a resident agent for service of process, …
Can an insurance company's salaried house counsel defend the company's insureds in court the way outside counsel would?
The opinion concluded there is no ethical impropriety in salaried house counsel for an insurer rendering in-court defense of the carrier's insureds to the same extent as independent counsel, provided …
What are a legal services lawyer's ethical duties to existing clients if the program's funding is cut or terminated?
The committee concluded that legal services lawyers and their programs may not abandon existing clients merely because funding is reduced or cut off; they may withdraw only as former Rule 2-111 allows…
Can the law firm of a city council member sue the city for tort plaintiffs if the city council consents?
The committee concluded that the law firm of a city council member may not represent tort plaintiffs in actions against the city even with the council's informed consent, because such a suit creates a…
Can a lawyer take a promissory note or a security interest from a client to secure payment of fees?
The committee concluded that a lawyer may take a promissory note or a lien or other security interest to protect fees for services, but only in strict compliance with former Rule 5-101, which required…
Can a lawyer solicit business directly from another lawyer, including in-house counsel, to win that company as a client?
The committee concluded that former Rule 2-101 did not prohibit a lawyer from recommending his or her own employment to another lawyer, including a lawyer who is in-house counsel to a business, even w…
Can a lawyer join a barter service exchange that takes a percentage of the lawyer's fees?
The committee concluded that a lawyer may not participate in a service exchange that takes a percentage of the legal fees earned, because paying the exchange a cash fee equal to a percentage of the fe…
Must a public defender withdraw from representing two clients when one becomes an informant against the other in a separate case?
The committee concluded that once counsel learns one client is trying to become, or has become, an undercover informant against another client, a conflict exists and counsel must withdraw from represe…
Can a lawyer disclose a damaging expert report to third parties at risk if the client instructs the lawyer not to disclose it?
The committee concluded that, where the client instructed the lawyers not to disclose an engineer's report warning that a structure might fail in an earthquake, the lawyers could not disclose it to th…
Can a lawyer take a case against people who were clients of the lawyer's former firm, when the lawyer never worked on their matter or learned their confidences?
The committee concluded that a lawyer may represent a client against people who were clients of a former associate where the lawyer obtained no confidence or secret about them and did no work on their…
Can a California lawyer put a binding fee-arbitration clause in a retainer agreement that the client signs before any fee dispute exists?
The committee concluded that a lawyer may not condition employment on a client's advance agreement to binding fee arbitration; a binding waiver of the right to a trial de novo may be made only after a…
Can a lawyer guarantee or indemnify a client's litigation cost bond, and does the size of the bond change the analysis?
The committee concluded that a lawyer is not ethically barred from guaranteeing a client's obligation to a surety on a litigation bond, treating it like advancing litigation costs, but that for a rela…
Can a law firm that is itself the plaintiff solicit contributions for its fees and expenses from others interested in the outcome?
The opinion concluded that a law firm suing on its own behalf may not solicit contributions for its fees and expenses from others interested in the issue; soliciting contributions is tolerated only to…
Can a municipality include its township attorney's fees in the condemnation costs it requires a developer to reimburse, without creating a conflict of interest?
Yes, on these facts. The opinion concluded that where the township attorney represents only the municipality and his services are not subject to the developer's approval, including his fees in the rei…
Can a lawyer whose office is in a bank building have his name and 'attorney-at-law' designation placed on the bank's outside sign?
The opinion concluded that a lawyer with offices in a bank building may have his name, attorney designation, and suite number on the bank's outside sign near the street, subject to the new advertising…
Can a Florida lawyer buy a yellow page listing in a local telephone directory not published by the telephone company?
The opinion concluded that, under the new advertising rules, a lawyer may purchase a yellow page listing in a local telephone directory not prepared by the local telephone company, reversing the contr…
Can the same lawyer serve at once as a part-time assistant district attorney and a probation officer in the same county?
The opinion concluded that no, the prosecutor's role is fundamentally incompatible with the probation officer's role, so one lawyer may not hold both positions in the same jurisdiction; disqualificati…
If someone confesses a crime while trying in good faith to hire a lawyer who already represents an adverse client, what must the lawyer do?
The opinion concluded that the lawyer may not disclose or use the would-be client's confession, must decline that person's retainer, and must withdraw from representing the existing client on that mat…
If a lawyer learns that a former client may have committed perjury in an ongoing civil case, must the lawyer report it, and what should the client's current lawyer do?
The committee concluded that a lawyer who learns a former client may have committed perjury in a continuing case need not call on the client to rectify it and may not disclose it to the client's prese…
May a defense attorney practice criminal law in a jurisdiction where the attorney's spouse is an Assistant Commonwealth's Attorney?
The committee concluded it is ethically permissible, with full disclosure and the client's consent under Canon 5, for an attorney to practice criminal law where the spouse is an Assistant Commonwealth…
When may a real estate settlement attorney disburse from the trust account against the buyer's and lender's checks deposited at closing?
The committee concluded a settlement attorney may disburse against funds received in the forms prescribed by Virginia's Wet Settlement Act, but disbursing against a check not in those forms before it …
Can a Tennessee lawyer act as an agent for a title insurance company and be paid for it while also representing clients whose title the company insures?
Yes, with disclosure and consent. Adopting ABA Formal Opinion 331, the Board concluded it is not a per se violation of the Code for an attorney to act as agent for a title company and receive compensa…
Can a Maine lawyer mail a letter to an accident victim's relative soliciting the victim's personal injury case?
The opinion concluded that such a letter is treated as an indirect solicitation of the accident victim, even though addressed to a relative, and is not a per se violation; the letter here was carefull…
If a lawyer advertises a flat fee for an uncontested divorce, when can the lawyer depart from that fee without the ad being misleading?
The opinion concluded that an advertised flat fee for an uncontested divorce must be honored for any divorce the court hears as an uncontested matter, no matter how much negotiation it took to get the…
Can two lawyers who keep separate practices but share some cases hold themselves out to the public as 'Law Associates' on a joint letterhead?
The opinion concluded that using 'Law Associates' on a joint letterhead for this arrangement would be misleading and violate Rule 3.9(b). The two attorneys kept separate practices in separate towns an…
When a partner leaves a law firm to become a public official, can the firm keep using his name in the firm name if his name is dropped from the letterhead?
The opinion concluded no. Continuing to use the firm name A, B & C while Lawyer A serves as a public official and is no longer a member would be misleading under Rule 3.9, because it implies A is stil…
Can a lawyer join a barter system that assigns members a trade broker, requires referral by that broker before services are rendered, and charges a 10% fee on every transaction?
No. The opinion concluded that a barter system requiring approval of every trade by the system office, assigning each member a trade broker, permitting services only after referral by that broker, and…
Can a lawyer donate legal services to a charity to be auctioned off to the highest bidder as a fundraiser?
The opinion concluded that a lawyer may not donate legal services to be auctioned by a charity, because the lawyer cannot exercise independent judgment about accepting the winning bidder as a client a…
Must a lawyer pay a client's medical creditors out of a recovery, and may a lawyer make a Rule 68 offer of judgment knowing there are no funds to pay it?
The opinion concluded that, absent any commitment or misrepresentation by the lawyer, an attorney who remits recovery funds to the client without paying possible medical liens violates no rule, becaus…
Can a plaintiff's attorney accept a defense settlement offer that is structured so the opposing insurance carrier effectively fixes what the attorney's fee will be?
No, as originally decided. The opinion concluded that where a defendant's insurance carrier offered settlement packages that fixed the attorney's cash fee at a flat amount regardless of how the remain…
Can lawyers paid to run a college legal clinic cooperate with it as a qualified legal-services organization, and represent the students who use it?
The opinion concluded the clinic could qualify only under the registered-organization rule, which requires the organization (the college) to file the plan with the Supreme Court, after which a lawyer …
Can two lawyers who are both part-time assistant municipal attorneys for the same town represent opposing spouses in a divorce?
Yes. The opinion concluded that two attorneys both serving part-time for the same municipality may represent opposing parties in a divorce, because their shared public employment does not create a suf…
Can a lawyer advertise routine-service fees together with a discount for members of any identifiable group of at least 100 people?
No. The opinion concluded the advertisement was improper because it was designed to encourage people to form a group to obtain a fee reduction, circumventing the rule that controls cooperation with re…
Can a Kentucky lawyer sue a client to collect an unpaid fee, or bring theft-of-services criminal charges for nonpayment?
Qualified yes to both. A lawyer may sue for a fee where needed to prevent fraud or gross imposition, after written demand and considering fee arbitration; criminal theft-of-services charges are allowe…
Can a lawyer knowingly file a lawsuit in a court the lawyer knows has no jurisdiction over the case?
No. Knowingly filing suit in a court that lacks jurisdiction misleads the judge and violates the rule against filing to harass or advancing claims unwarranted under existing law; honest mistakes about…
Must a lawyer report an adverse party's perjury committed in an earlier case the lawyer had no part in, when reporting would hurt the lawyer's client?
The opinion concluded that a lawyer need not report a non-client's perjury committed in a prior proceeding in which the lawyer's services were not employed, and need not report it where disclosure wou…
May a domestic relations attorney keep deposition copies whose costs the attorney advanced until the discharged client pays, and when is advancing those costs proper?
The committee concluded an attorney may retain deposition copies for which costs were advanced, pending payment after discharge, if retention does not prejudice the client and the client is not otherw…
Can a lawyer advise a client to refuse a police breathalyzer test?
The opinion concluded that a lawyer may advise a client to refuse a breathalyzer test, because under New York law refusing is not itself criminal, the resulting license revocation is a civil sanction,…
Can a developer's attorney use a sale contract that makes the buyer reimburse a flat fee for the developer's legal work, including title review and closing documents?
No. The opinion concluded the clause was improper because its broad references to title review and preparation of closing documents are likely to mislead buyers into thinking that work was done for th…
May a lawyer take a mortgage or security interest in a client's property that is the subject of the litigation to secure payment of the lawyer's fee?
Yes. The committee concluded that a mortgage or security interest taken only to secure a reasonable fee is a legally permissible lien, not a prohibited 'proprietary interest' under DR 5-103(A)(1), eve…
May a lawyer take a mortgage or security interest in a client's property that is the subject of the litigation to secure payment of the lawyer's fee?
Yes. The committee concluded that a mortgage or security interest taken only to secure a reasonable fee is a legally permissible lien, not a prohibited 'proprietary interest' under DR 5-103(A)(1), eve…
Can a New Jersey lawyer participate in a bar-sponsored plan that finances clients' legal fees through a bank?
Yes. The opinion reversed earlier opinions that had condemned fee-financing as commercializing the practice, and approved attorney participation in the State Bar Foundation's plan, finding no ethicall…
Can a New Jersey lawyer disburse from a trust account the same day a client's check is deposited, before it has cleared?
Only for real estate or commercial closings and only against bank, certified, or cashier's checks, whose risk of non-clearance is negligible. Drawing against uncleared personal checks, or against any …
Can a legal-services organization's board review client eligibility, and can a board member's firm represent parties adverse to the organization's clients?
The opinion concluded the ALSC Board of Directors may review client eligibility determinations so long as no information protected by the attorney-client privilege is disclosed (eligibility data is ge…
After a client discharges a lawyer, can the lawyer keep certain items from the file rather than turn them over to the client?
Mostly no. The client is entitled to what was paid for and what the client delivered, and to anything reasonably useful; the lawyer may retain genuine work product but should not withhold useful mater…
Can a lawyer take fees owed from an earlier unrelated case out of a client's judgment or settlement funds in the lawyer's trust account?
Only with a written agreement. Absent a written contract authorizing the offset with full disclosure, fees from an unrelated matter are disputed funds the lawyer may not withdraw; the client's funds m…
Can the lawyer who drafted a will represent the estate in a will contest and also testify about the testator's competency or undue influence?
Yes. The drafting lawyer may represent the beneficiaries and executor and testify about the testator's competency or undue influence, and a partner or associate may serve as trial counsel in the conte…
Can a lawyer who holds a deceased client's original will contact the executor or beneficiaries to tell them he has it?
The opinion concluded that a lawyer holding a deceased client's will may notify the executor or beneficiaries that he has it, but may not suggest he be retained for the estate and, if asked, must make…
Can a New Jersey lawyer who is also a CPA list that credential, or advertise as 'Financial,' in a yellow-pages directory listing?
No. A lawyer may not indicate CPA membership in a directory advertisement, and the bare designation 'Financial' is misleading and ambiguous because it does not identify any field of law practice; both…
Can a New Jersey lawyer be a municipal prosecutor while a law partner serves as planning board attorney in the same town?
No. A municipal prosecutor is a municipal attorney, and because a conflict bars dual representation of two public bodies in one municipality, what one partner may not do the other partner and the firm…
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.