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 an assistant Commonwealth attorney also serve as defense counsel in a criminal case?
No. An assistant Commonwealth attorney may not act as defense counsel in any criminal prosecution, even in another county or in federal court, because he cannot retain independent judgment and the dua…
Can a part-time assistant Commonwealth attorney also run a private law practice, take divorce cases, and handle workers' compensation matters?
Qualified yes on all three. A part-time assistant Commonwealth attorney may keep a private practice, including divorces, but should avoid civil matters likely to lead to criminal proceedings; workers'…
Does a court rule requiring post-divorce-judgment papers to be served on both the party and the attorney of record violate the no-contact rule?
No. The no-contact rule excepts communications authorized by law or rule of court; serving both the party and the attorney of record after a divorce decree fits that exception and adds protection for …
Can an assistant county attorney privately represent a client in a matter he had handled for her in his official capacity?
The opinion concluded that an assistant county attorney who represented a wife in support proceedings in his official capacity may not privately represent her against the same former husband on the sa…
In New Jersey, does sharing only a law library make otherwise-separate lawyers 'office associates' who are treated as connected for ethics purposes?
No. The opinion held that lawyers who share only a law library, while keeping separate and distinct office facilities and no joint building ownership, are not 'office associates,' so long as the libra…
Can a West Virginia lawyer take collection cases forwarded by a collection agency that has authority from the creditor to hire counsel and file suit?
LEI 79-6 concluded the lawyer may accept collection matters from a collection agency acting at the request of and with the authority of the creditor, and represent the creditor, provided there is no d…
Can a New York lawyer get a newspaper to run an article about opening a new office, and mail announcement cards to strangers?
The opinion concluded that, after Bates and the 1978 Code amendments, a lawyer may try to convince a newspaper to run a story about his new office and may mail announcement cards to anyone, but he may…
Can a New Jersey lawyer accept a referral fee or commission from a real estate agency for sending it clients' listings?
Only with full disclosure and the client's express consent, and the client is entitled to the benefit of the commission by credit or refund. The opinion held the lawyer's fiduciary obligation applies …
Can a county attorney privately represent property owners challenging their real property tax assessments?
The opinion concluded that a county attorney may not represent private property owners in proceedings to review real property assessments, because the owner's goal of lower taxes conflicts with the co…
Must a lawyer keep client confidences he learned while working as a paralegal before admission, and is his new firm disqualified?
The opinion concluded that a lawyer is bound to preserve confidences and secrets he acquired as a paralegal before admission, so where that information is relevant he may not take the adverse matter, …
Can a former assistant DA, now in private criminal defense, represent defendants his old office charged, and is his firm disqualified?
The opinion concluded that a former assistant DA is disqualified only from matters in which he had substantial responsibility or access to non-public information; his firm is not automatically disqual…
Can a New Jersey municipal counsel and a county (or county board) counsel of the same county share an office or form a partnership?
No. The opinion held that an association, partnership, or office-sharing arrangement between counsel for a municipality and counsel for the county (or a county board) in which that municipality sits i…
Can an assistant town attorney serve as counsel to the town's zoning board when the town board has sued that board?
The opinion concluded that, although an assistant town attorney may ordinarily advise the zoning board of appeals, he may not represent it once the town board sues it, because he cannot exercise indep…
If a lawyer filed a joint petition for an uncontested divorce, can the lawyer later take one spouse's side when the parties turn adversarial?
No. Once the parties become adversarial, one of them is a former client of the lawyer who would now be opposed in the same action, raising a serious risk of disclosing confidences and prejudicing the …
Can a lawyer take a case against opposing counsel who works at the same firm (or office) as the lawyer's spouse?
Yes, there is no automatic disqualification, but the lawyer must stay alert to personal-interest conflicts, disclose them to the client, and withdraw if his or her judgment would be affected; spouses …
Can a lawyer take a contingent fee to collect past-due child support or alimony after a judgment?
Yes. The public-policy bar on contingent fees in domestic cases rests on discouraging reconciliation; in a post-judgment collection of back support or alimony, reconciliation is no longer at stake, so…
Can a lawyer without a real estate license sell estate real estate as part of settling the estate?
The committee declined to decide, calling it a question of law it is not authorized to answer. It noted only that whether the real-estate-licensing statute applies turns on whether the lawyer is perfo…
Can a lawyer give a self-represented person advice about their own divorce case without becoming their lawyer?
Qualified yes for procedural questions, if the lawyer makes clear no attorney-client relationship exists. Substantive questions need a full history of the case, so answering them without representatio…
Is a lawyer required to charge the fees listed in a bar association minimum-fee schedule?
No. The committee formally deleted its earlier opinions endorsing bar fee schedules, consistent with the Supreme Court's decision in Goldfarb v. Virginia State Bar holding minimum-fee schedules unlawf…
Can a private lawyer contract with a legal aid office to handle its bankruptcy referrals for a set per-case fee?
Yes. No disciplinary rule forbids a legal aid office from contracting with an outside attorney to handle a kind of case it does not normally take, and the lawyer need not be a salaried employee, so lo…
Can a full-time government agency lawyer privately represent clients against another agency, in a state disciplinary hearing, or as criminal defense counsel?
No to all three. A full-time government lawyer's continuous employment creates compromising loyalties: he cannot represent a private client against another state agency, a state employee in a discipli…
Can one lawyer, or one firm, represent two or more Kentucky cities at the same time?
Yes, but only on a contract basis. A lawyer (or the lawyer's partners and associates) may represent two or more municipalities so long as the work does not amount to holding incompatible public office…
Can a Kentucky firm list an out-of-state lawyer not admitted in Kentucky on its letterhead and office door?
Qualified yes. A Kentucky firm may list an Indiana lawyer not admitted in Kentucky on its stationery and office door, including as 'Of Counsel,' so long as the materials clearly indicate that the lawy…
Can Wisconsin and out-of-state law firms form an interstate association and share fees, and how must they describe the relationship on their letterheads?
The opinion concluded that interstate fee and practice arrangements among lawyers are permitted, since the Canons do not control how associated lawyers in different states are paid. But the proposed l…
Can a lawyer who represented two business partners later sue one of them on behalf of the other?
The opinion concluded that a lawyer who jointly counseled two partners on incorporating their business may not later represent one against the other to recover partnership assets. Having served both, …
What must a lawyer or legal services corporation do with client trust funds that cannot be returned because the client cannot be located?
The opinion concluded that unclaimed client trust funds must be preserved under the lawyer's fiduciary duties and disposed of through the Uniform Disposition of Unclaimed Property Act, not transferred…
Can a lawyer write and publish an 'Ask the Lawyer' newspaper column?
The opinion concluded that a lawyer may prepare and disseminate an 'Ask the Lawyer' column, within limits: the column must not give individual legal advice or appear to solve individual problems, the …
Can a bank recommend a particular estate-planning attorney to its customers, where the attorney's referrals benefit the bank?
The opinion concluded that the arrangement was improper solicitation. A bank may not recommend a particular attorney's estate-planning services to its customers when the bank receives a benefit, becau…
Can a lawyer form a commercial 'traffic consultant' corporation that audits freight bills and handles related legal work, and advertise it under that name?
The opinion concluded that an ordinary commercial corporation may not render legal services to the public even though one of its officers is a lawyer, so providing legal services through it (such as a…
Can a lawyer advertise that the practice is 'limited to' particular fields of law, such as tax planning and tax litigation?
The opinion concluded that a lawyer may advertise that the practice is 'limited to' named fields, such as federal and state tax planning, tax litigation, and tax audits, provided the entire advertisem…
Is a law firm disqualified from representing a client when a state agency official with regulatory power over that client joins the firm?
The opinion concluded that whenever the former agency official would be disqualified under the Wisconsin public-official statutes and Canons 4, 5, and 9, each member of the firm would be disqualified …
Can a non-profit association arrange for a law firm to offer optional legal services to its members where members pay the lawyers directly?
The Committee concluded that the current Code permits such an arrangement (which an earlier opinion had barred), under DR 2-103(D)(5), provided the association's primary purposes are not legal service…
Does a Texas lawyer have to tell the client about every settlement offer the opposing party makes?
The Committee concluded that DR 6-101 and EC 7-7 and EC 7-8 require an attorney to disclose to the client all offers of settlement, along with the attorney's analysis and recommendation, because the d…
Can a Texas lawyer meet with someone who already has a lawyer, refuse to be discharged under a contingent-fee contract, or hold a client's files for unpaid fees?
The Committee concluded that a lawyer may confer with a represented person who seeks his advice and may take over as substitute counsel once the former lawyer is out; a lawyer must withdraw when disch…
What may a Texas lawyer do when participating in legal educational seminars, and how may such a seminar and the lawyer's role be promoted?
The Committee concluded that a lawyer is encouraged to take part in legal educational programs but must not give individual advice or seek personal publicity; promotion should publicize the seminar ra…
Can a government-employed attorney refuse to work or slow-walk litigation as leverage in a salary or benefits dispute?
The committee concluded that an attorney employed by a public agency may not refuse to represent the agency in existing litigation, or intentionally delay that litigation, in order to gain advantage i…
What must a lawyer do to keep a shared secretary or other nonlawyer staff from disclosing client confidences, and what happens after a leak occurs?
The committee concluded that lawyers must take steps to ensure secretaries and other nonlawyer employees understand their duty not to disclose client confidences, and that after a harmful leak the law…
Can a prosecutor interview a represented defendant as a possible witness in another case, and can one defense lawyer keep representing two defendants once one may testify against the other?
The committee concluded that a district attorney may not contact a defendant he knows to be represented by counsel, even to discuss another defendant's case or uncharged conduct, and that defense coun…
If a lawyer does not pay a court reporter's bill, is that an ethics violation, and when can it lead to discipline?
The committee concluded that failing to pay a reporter's reasonable contracted fees is unethical, but it subjects the attorney to discipline only where the attorney intended not to pay at the time he …
If an attorney who has paid out-of-pocket litigation costs is asked to withdraw before trial in favor of new counsel without reimbursement, what must the attorney do, and when may costs be advanced?
The committee concluded the attorney must seek leave of court to withdraw and pursue collection of the fee through the courts, and that advancing costs is permissible only if the client specifically a…
Can a law firm list nonlawyer employees such as registered patent agents and paralegals on its letterhead?
The opinion concluded that, after Bates and the amended Canon 2, a firm may list nonlawyer employees on its letterhead where that is relevant to selecting counsel and not deceptive, provided their non…
Can a lawyer publish a newspaper notice offering to swap information with potential members of a class action?
The opinion concluded that a lawyer may contact potential class members to advance an existing client's legitimate interests, not to gain new clients, and bears a heavy burden of complying with all ap…
Must a law firm withdraw when it hires the attorney who filed the case for the opposing party?
The opinion concluded the defendant's firm must withdraw. The attorney who had initiated the plaintiff's divorce and custody action at a legal-aid office then joined the defendant's two-partner firm, …
Can a municipal attorney who once advised the mayor about his legal fees defend the township when the former mayor later sues it?
No for the municipal attorney, who had advised the mayor and so has a conflict; but the township's special counsel, who was formerly the township's public defender and never had an attorney-client rel…
Will the West Virginia ethics committee decide a conflict-of-interest or attorney-disqualification question that arises in a case already in litigation?
No. LEI 78-20 declined to consider the conflict-of-interest question because it related to litigation pending before a circuit court, stating that matters regarding the disqualification of attorneys i…
Can a municipal prosecutor represent the police department at a departmental disciplinary hearing of charges against a municipal police officer?
No. The opinion held it is a conflict of interest, and unethical, for a municipal prosecutor to prosecute departmental charges against a municipal police officer, because the prosecutor works with the…
If a law firm hires the former assistant municipal attorney who litigated a case for the town, can the firm keep representing the developer on the other side?
No. The opinion held the former assistant township attorney is disqualified under DR 9-101(B), that disqualification is imputed to his new firm, the conflict cannot be cured by firing him or by the to…
Can a nonprofit legal-services project practice under a trade name and list non-lawyer staff on its letterhead and business cards?
No trade name: under DR 2-102(B) the project may not practice under a fictitious trade name, and the responsible attorney must be identified. The opinion allowed a social-service specialist's name on …
Can a lawyer who serves as counsel to a professional society defend a member in a state disciplinary proceeding?
The opinion concluded that counsel to a professional society may defend a member in an Education Law Article 130 misconduct proceeding only where the society neither brought the complaint nor would fo…
Can an assistant public defender share office space with a village justice whose court the defender's office appears in?
The opinion concluded that an assistant public defender may not share office space with a village justice where members of the public defender's staff appear in that court, because the office is treat…
May a law firm defend cases that arose while one of its lawyers was an Assistant Commonwealth's Attorney, if that lawyer had no involvement in them as a prosecutor?
The committee concluded it is not improper for the present firm of a former Assistant Commonwealth's Attorney to defend cases that arose during the lawyer's time in the prosecutor's office, so long as…
Must a lawyer for an infant's guardian tell the court the guardian is violating a court order on the infant's funds?
The opinion concluded that the lawyer should disclose the guardian's continuing violation to the court, because the lawyer's real client is the infant ward and no information about the guardian's fidu…
If a foreclosure becomes contested, can the attorney-trustee resign, have the lender appoint a substitute trustee, and then represent the lender in the foreclosure?
The opinion concluded that the attorney may represent the lender in all further foreclosure proceedings after resigning as trustee and the lender appoints a substitute, so long as the attorney has no …
After opposing the insured in a coverage declaratory-judgment action, can the insurance carrier's lawyer go back to defending that insured in the underlying negligence case?
Yes, on these facts. Because the declaratory-judgment coverage issue did not require resolving any facts relevant to the negligence suit, the opinion held the carrier's attorney may defend the neglige…
A municipal public defender shares an entrance, waiting room, and library with the town's municipal attorney; can he still privately defend clients in that municipal court?
Not the private client. The opinion held the public defender and municipal attorney are 'office associates' under R. 1:15 because of their shared entrance, waiting room, and library, so the municipal …
Can a law firm professional corporation open a branch office under the name of an associate who has no equity in the firm?
The opinion concluded that a professional corporation may not name a branch office for an associate-employee who has no partner-like status, because using his name would be misleading under DR 2-102(B…
Can a New York lawyer who is also a CPA say so on the firm letterhead and professional cards?
The opinion concluded that a lawyer may state on a letterhead or professional card that he is licensed as a certified public accountant, because the post-Bates rules let a lawyer list truthful credent…
Can a New York lawyer run a real estate brokerage out of the same office as the law practice?
The opinion concluded that, after Bates, a lawyer may run a law practice and a real estate brokerage from the same office, but may not solicit legal work in violation of law and may not act as lawyer …
What must a West Virginia lawyer do after learning that the clients committed fraud on a tribunal through false income testimony?
LEI 78-19 concluded the lawyer should promptly withdraw from the representation and, if the clients refuse to rectify the fraud, reveal it to the affected tribunal. The Committee held that any conflic…
If a third party (not the client) tries to bribe the complaining witness in a criminal case, must the appointed defense lawyer reveal it to the court?
LEI 78-15 concluded that a non-client third party's attempt to bribe the witness was not privileged information, and the lawyer, as an officer of the court, had to promptly reveal the resulting fraud …
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.