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 part-time judge with criminal jurisdiction represent private clients in criminal matters?
The opinion concluded that a part-time judge may engage in private criminal practice to the extent the Rules of the Chief Administrator allow, overtaking the committee's earlier flat ban, because the …
Does a lawyer violate the rule against limiting malpractice liability by denying that he made an error and refusing to correct it?
The opinion concluded no. Rule 3.6(b), which bars a lawyer from attempting to exonerate or limit his liability to a client for malpractice, is not violated when an attorney takes the position that he …
If a husband consults a lawyer about divorcing his wife, not knowing that the lawyer's associate already represents the wife, must the wife's lawyer withdraw?
The opinion concluded yes. A prospective client who consults a lawyer for advice is a 'client' for the confidentiality rule (Rule 3.6(l)) even if the lawyer later declines the case, so the associate (…
Can a District Attorney defend county officers in a prisoner's civil rights suit while also prosecuting that same prisoner in a criminal case?
The opinion concluded no. A District Attorney may not represent the County Sheriff and a County Commissioner as defendants in a prisoner's civil rights action while simultaneously prosecuting that pri…
In a residential mortgage closing, who is the lawyer's client, and can one lawyer represent both the bank and the borrower on a title examination and loan documents?
The opinion concluded that the client's identity is set by the parties' agreement, and the borrower's payment of the fee does not by itself make the borrower the client (Rule 3.6(h)). The Commission r…
Can a lawyer charge a contingent fee for enforcing a divorce judgment, based on the alimony or child support arrearage recovered?
The Commission declined to answer, because the question turns on a point of law (how to construe 19 M.R.S.A. section 722) rather than on interpreting the Maine Bar Rules. Rule 8(c) bars contingent fee…
Can a lawyer charge a contingent fee in a divorce based on the size of the property settlement obtained for the client?
The opinion concluded no. Maine Bar Rule 8(c)(2) specifically prohibits a contingent fee agreement in respect of procuring a divorce, and that bar applies even when the fee is tied to the property set…
Does a certified legal intern need the client's written consent before representing the client on appeal?
The opinion concluded that a certified intern must obtain the client's written consent before representing the client on appeal, though initial trial-level consent may be drafted to extend to the appe…
Can an insurance company's salaried staff lawyer defend an insured the company is denying coverage to?
The opinion concluded that once the carrier persists in disclaiming coverage, its staff lawyer may not defend the insured or handle a coverage declaratory-judgment action, because the conflict is so s…
Can a part-time county public defender sue the county that employs him on behalf of private clients?
The opinion concluded that a part-time county public defender may represent private clients in civil litigation against the county, because his clients are indigent defendants rather than the county, …
May an attorney handle a suit to recover child support arrearages or to determine future support rights on a contingent fee basis?
The committee concluded it would be ethically improper to accept a suit to recover child support arrearages or to determine future support rights on a contingent fee basis. Decided under Virginia's fo…
Can a lawyer display a decal or insignia in the office showing membership in a legal services plan?
Qualified yes. A lawyer may display a decal or insignia indicating membership in a legal services plan in the office or reception area, provided the display is tactful and dignified.
Can a lawyer who represents a Fraternal Order of Police lodge and its officers also defend criminal cases in the same jurisdiction?
No. Defending criminal cases requires zealously attacking police testimony, which conflicts with the lawyer's loyalty to the police officers and the FOP the lawyer represents in the same jurisdiction.
Can a New Jersey planning board attorney resign, represent a private client before that board, and then return to the board attorney post?
A planning board attorney may not represent a group with business before the board while in office; the Committee declined to rule on whether the later reappointment was legal but strongly disapproved…
Can one lawyer represent a wife in her divorce and also represent, in a separate matrimonial case, the husband of the woman she names as the other party?
The opinion concluded that a lawyer may not simultaneously represent the wife in a divorce and the co-respondent's husband in a separate matrimonial proceeding, because their interests differ in too m…
Could a Michigan judicial candidate use a 'strict sentencing philosophy' slogan in campaign advertising?
The opinion concluded that a judicial candidate could not use the slogan 'A strict sentencing philosophy!' in campaign literature, because standing alone it created an impression the candidate would s…
Can a New Jersey lawyer sue a former client on behalf of that client's agent when the new matter is unrelated to the prior representation?
Yes, where the prior representation produced no confidential information prejudicial to the former client and the current dispute does not concern the matters earlier litigated; absent such confidence…
Can a part-time county legal assistant in New Jersey also serve as counsel to a municipal planning board in the same county?
No. Because the county planning board may disapprove a municipal board's plat as a matter of law, a conflict could arise between the two roles, so the same lawyer cannot hold both positions.
Can a New Jersey law firm that regularly prosecutes disorderly-persons cases for a private party in a municipal court also defend other defendants in that same court?
No. A firm that frequently and regularly prosecutes disorderly-persons offenses for and on behalf of the state or municipality under the court rules may not represent criminal defendants in that same …
Can a New Jersey lawyer who is also a CPA put the CPA designation on the law-office letterhead?
No. The CPA designation is not a legal degree and advertises qualifications for a separate profession; DR 2-102(D) bars a lawyer who also practices another profession from indicating it on the letterh…
Can a New Jersey lawyer charge interest on a client's overdue legal-fee bill?
Yes, if the lawyer made clear at the outset that interest at a lawful rate would be charged if the fee is not paid within 30 days after the client receives a written statement; this modified an earlie…
Can a lawyer pay a Welcome Wagon type service to deliver the lawyer's welcome letter and pamphlet to newcomers in the community to promote the lawyer's practice?
No; the opinion concluded paying a private intermediary that is not a qualified referral service to recommend or promote the lawyer's services to potential clients violated the disciplinary rules then…
Can a firm that regularly does insurance defense work take plaintiff's cases against defendants insured by those same insurance companies?
The opinion concluded that the firm represents both the insured and the insurer, and may take a plaintiff's case against an insurer's insured without the insurer's consent if the plaintiff gives infor…
Can a North Carolina lawyer certify title or give a title opinion on real property the lawyer (or the lawyer's firm) personally owns, is selling, or is buying?
The opinion concluded that a lawyer or the lawyer's firm may not certify title when the lawyer is the seller or has a beneficial interest in the selling entity, but may certify title on a purchase or …
Can a lawyer employed by a life insurance company to prepare estate plans also draft the customer's will?
The opinion concluded that a lawyer employed full time by a life insurance company to prepare estate plans for its customers may not also draft and supervise a customer's will, because the dual role c…
Must a court-appointed attorney who has been discharged return the client's file to the client on request?
The committee concluded a court-appointed attorney has an ethical duty to return the client's file on request, even after the attorney has been discharged. Decided under Virginia's former Code.
Can an attorney licensed only in Indiana list under 'attorney' in the Louisville, Kentucky yellow pages with an Indiana office and phone number?
No. A directory listing in Kentucky for a lawyer admitted only in Indiana is misleading because it implies Kentucky practice the lawyer cannot lawfully perform; Bates does not change that result.
Can a paralegal argue a motion in court for the employing lawyer's client if the client knows the paralegal is not a lawyer and the lawyer has briefed the paralegal?
No. Appearing in court to argue a motion is the practice of law, so a paralegal may not do it even with client consent and lawyer preparation.
Can a law partner or associate of a city attorney defend criminal cases in district or circuit court?
Qualified yes. The partner or associate may defend a criminal action arising outside the city, but may not defend in district or circuit court where the offense occurred in the city or the city police…
Can a lawyer advertise that he or she is in the general practice of law?
Qualified yes. Because the advertising rule lets a lawyer state the type of services rendered, including any limitation or concentration of practice, the committee found the words 'general practice' a…
Can a lawyer put a paralegal's name, address, and phone number on the firm's business cards and letterhead?
Qualified yes. The committee brought its earlier opinions into conformity with the Supreme Court's new paralegal rule (SCR 3.700), permitting a paralegal's name on cards and letterhead as qualified by…
Can a lawyer co-own a corporation with a nonlawyer that handles a landlord's entire eviction process and hires the lawyer to do the legal work?
The opinion concluded that a lawyer may not enter such an arrangement, because it risks aiding the unauthorized practice of law, sharing fees and a law partnership with a nonlawyer, and compromising t…
Can married lawyers appear on opposite sides of a matter, and what about their separate firms opposing each other?
The opinion concluded that one lawyer-spouse appearing directly against the other is per se improper, while the spouses' separate firms or offices opposing each other is not barred per se but requires…
Can a former district attorney accept appointment as special prosecutor when he is likely to be called as a witness in the same matter?
The opinion concluded that representing the state in both matters created no disqualifying conflict, but the lawyer-as-witness rule bars accepting the appointment if he knows or it is obvious he may b…
Can a lawyer represent a private client suing a county while, in a separate case, representing that same county?
The opinion concluded that lawyers who are county officials are barred from suing the county for a private client, while county employees and private practitioners may do so in separate matters only w…
Can a paralegal who is also a licensed real estate broker handle a client's real estate closing if the file was prepared under an attorney's supervision?
The opinion concluded that a paralegal may not appear for the client at a closing, because the client is entitled to have the legal effect of the documents explained by the attorney, and a paralegal d…
Can a law firm present its own public legal seminars without a bank or other institution as sponsor?
The opinion concluded that a firm may present public seminars if the lawyers are motivated to educate the public rather than to obtain employment, with the conduct judged objectively after the seminar…
Can a lawyer for one convicted defendant file an amicus brief for a co-defendant who is separately represented, after they ran inconsistent defenses at trial?
The opinion concluded the lawyer is not automatically barred, but only with full disclosure and consent from both defendants and only if it would not adversely affect the lawyer's own client, who must…
Can a lawyer or law office practice under a trade name rather than the lawyers' own names?
The opinion concluded that, under the rules then in force, a lawyer or law office could not operate under a trade name, reaffirming a prior opinion that a name like 'City Legal Clinic' was improper.
When a lawyer is appointed guardian of an incompetent person, can the lawyer also charge the ward's estate for legal services as attorney for the guardian?
The opinion concluded that serving as both guardian and attorney and charging for legal services is not prohibited under Wisconsin law, but the lawyer has an ethical duty to charge only a reasonable t…
Can a lawyer add interest to a bill that goes unpaid for 30 days?
The opinion concluded that a lawyer may charge interest on delinquent accounts only if the client was told in advance and agreed to it; a generic 'finance charge' or 'late charge' line on statements i…
Can a law firm that serves as counsel to labor unions advertise in the union's trade paper, and say it is counsel for the local unions?
The opinion concluded that a firm may advertise its availability in a union trade journal, including that it is counsel for the local unions, provided the advertisement is not false, misleading, decep…
Can a lawyer draft a will for a law partner's spouse that leaves the partner the entire estate, excluding the children?
The opinion concluded that a lawyer may not draft a will for a partner's spouse in which the partner would receive a larger share of the estate than he or she would take by intestacy. Because the part…
Can a law firm keep a deceased partner's name in the firm name when it adds a new partner, even though some current lawyers never practiced with the deceased partner?
The opinion concluded it was professionally proper to retain a deceased member's name in the firm name where the firm is a bona fide successor in a continuing line and the public is not misled, and su…
Can a law firm provide arbitrator-evaluation and grievance-research legal work to two lay associations that, in turn, sell that work to their own member jurisdictions?
The opinion concluded the arrangement was professionally improper, because placing lay associations as intermediaries between the lawyers and the jurisdictions for whom particularized legal services a…
Can an Illinois lawyer accept and act on debt-collection claims forwarded by an out-of-state corporation that solicited those claims from creditors and charged a flat fee to connect them with a lawyer?
The opinion concluded it was professionally improper for a lawyer to accept and act on claims forwarded by a corporation that solicited them, because the corporation was engaged in the unauthorized pr…
After defending a client on a traffic ticket from an accident, can another lawyer in the same firm later defend the personal-injury claim that the former client brought over the same accident?
The opinion concluded it was professionally improper, and that the firm had to withdraw, because representing a client on the traffic charge and then opposing his injury claim from the same accident w…
Can a law firm that opened a branch office mail every postal patron in the community a letter announcing the office and listing the firm's fields of practice?
The opinion concluded it was not improper for the firm to mail all postal patrons a letter announcing the new branch office and stating the firm's areas of practice, because the letter was a permitted…
Can a lawyer with a sports-law practice tell college athletic directors and coaches he is available to represent athletes, and run that player representation from his regular law office?
The opinion concluded that representing athletes in contract negotiations and business counseling is the practice of law, so it was professionally proper to conduct that player representation from the…
Can different lawyers in the same public defender's office represent co-defendants who have an actual conflict, and does a court 'gag order' cure it?
The opinion concluded that separate lawyers in one public defender's office may not represent co-defendants where an actual conflict exists, absent valid consent, and that a court 'gag order' barring …
Can a law firm hire a salaried nonlawyer to provide collective-bargaining services to the firm's clients, as long as that person gives no legal advice?
The opinion concluded it was not per se improper to employ a salaried layperson to render collective-bargaining services where the firm supervises the work and retains responsibility, but it would be …
Can a New Jersey lawyer use the title 'Doctor' for a J.D., and may a lawyer advertise a Ph.D. in Spanish or fluency in Spanish?
A lawyer admitted in New Jersey may use the J.D. degree and the title 'Doctor' because it indicates legal training, but may not list a non-law 'Ph.D. in Spanish' on a card or letterhead; the Committee…
Can a prosecutor in a criminal case call another prosecutor from the same district attorney's office to testify as a witness?
The Committee concluded that DR 5-102 applies to a district attorney's office and everyone practicing in it as though they were a single firm, so when a prosecutor in the office ought to be called as …
Can a lawyer serve as both the executor of an estate and the attorney for that estate, and collect a fee for each role?
Yes to both. The committee concluded a lawyer may serve in the dual capacity of executor and attorney for the same estate, and may be paid a fee for each position, provided the lawyer complies with th…
Can a law firm send unsolicited letters to businesses describing the services it offers, and where is the line between advertising and prohibited solicitation?
The committee concluded that, under former Rule 2-101, a firm may send unsolicited letters to potential business clients describing its services so long as the letter does not refer to the recipient o…
Can a California lawyer charge interest on a client's past-due bill, and can the lawyer change the interest rate later?
The committee concluded that a lawyer may charge interest on past-due receivables if the client gives informed consent in advance, and that the rate may not later be changed unless the original fee ag…
Can a public defender represent a defendant when a witness against that defendant is a former client of the same public defender office?
The committee concluded that counsel, including a public defender, may not represent a defendant where a former client of the office is a witness against the new client and it is reasonably foreseeabl…
Can a lawyer advise a client about recording a conversation with someone who is not told it is being recorded?
The opinion concluded that a lawyer may counsel a client about recording a conversation without notice to the other party where one-party recording is lawful, distinguishing advising the client from t…
If a New Jersey lawyer has been paid in full, can the lawyer refuse to hand over the client's original file?
No. A lawyer who has been paid all outstanding fees must promptly deliver the client's original file to the client; the client is entitled to its return.
Can New Jersey law partners be listed 'of counsel' on a sole practitioner's letterhead in another county, and the sole practitioner 'of counsel' to their firm?
Yes. Nothing in the rules precludes the cross 'of counsel' designations, assuming those listed are genuinely available to the firms' clients and any fee division does not offend the fee-sharing rule; …
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.