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 a prosecuting attorney or his assistants represent injured claimants in civil suits arising out of motor vehicle accidents in their county?
LEI 78-2 concluded that a prosecutor, and any partner, associate, or affiliated lawyer, may not represent a party in a civil suit arising from a motor vehicle accident in which the prosecutor or his s…
Can an assistant prosecuting attorney also serve on an appointed board that hears civil business-and-occupation (B&O) tax matters in a town?
LEI 78-18 concluded there would be no conflict of interest for an assistant prosecuting attorney to sit in an appointed position on a board hearing civil matters relating to the payment of business an…
Can an Assistant Attorney General who handles tax matters for the State accept court appointments to represent defendants in criminal cases?
LEI 78-14 concluded that it was not ethical for an Assistant Attorney General to accept court appointments in criminal cases while handling tax matters for the State.
Can a firm with offices in more than one state form a partnership with a West Virginia lawyer and use the same firm name in West Virginia?
LEI 78-11 concluded that, under DR 2-102(D), forming the proposed partnership with an out-of-state lawyer and using the same firm name in West Virginia would not be ethically improper as long as the j…
Can an assistant prosecuting attorney keep representing a private client in a lawsuit against a state agency, and can a leave of absence or his law partners cure the conflict?
LEI 78-1 concluded that an assistant prosecuting attorney could not continue to prosecute an action against the West Virginia Board of Regents for a private client; a leave of absence would not cure t…
Can a Texas professional corporation of lawyers practice under an impersonal trade name like 'Southwest Trial Associates' that contains no member's name?
The Committee concluded that the State Bar may constitutionally bar lawyers from practicing under impersonal trade or assumed names; under DR 2-102(B) a name like 'Southwest Trial Associates' is misle…
Can a Texas attorney run an announcement in the Texas Bar Journal stating that he is available to act as an appellate consultant for other lawyers?
The Committee concluded that an attorney may place a dignified announcement in the Texas Bar Journal stating his availability as a consultant in a particular field, such as appellate work, or as an as…
Can a Texas lawyer secretly record a conversation, by phone or in person, without telling the other party it is being recorded?
The Committee concluded that, although one-party-consent recording is not itself illegal, attorneys are held to a higher standard, so normally a lawyer should not record a conversation without informi…
Must a Texas lawyer deposit advance fees and retainers into a client trust account, or can they go straight into the firm's operating account?
The Committee concluded that any advance fee or retainer the client could still get back, because it is not yet earned, belongs in part to the client and must go in the DR 9-102 trust account; only a …
Can a law firm put the name of its non-lawyer legal secretary on the firm's letterhead?
The Committee concluded that a firm may not list its non-lawyer legal secretary on the firm letterhead, because DR 2-102 limits letterhead names to lawyers and listing the secretary as a firm officer …
Can the lawyer for an estate's executor tell the surviving spouse to get their own lawyer about electing against the will?
The opinion concluded that the executor's lawyer may advise the surviving spouse to obtain independent counsel about a right of election, and may inform the spouse that such a right may exist, but may…
Can an assistant county attorney who has no personal prosecutorial duties be an active member of a political club?
The opinion concluded that an assistant county attorney may not be an active member of a political club even if that lawyer personally has no prosecutorial duties, because the county attorney's office…
After a real estate closing where all parties approved the closing statement, may the buyer's attorney stop payment on his trust check to the seller because the buyer later claims defects in the building?
No. The opinion concluded it is ethically improper to stop payment on the attorney's trust check to the seller once all parties have approved the closing and agreed the funds shall be paid; closing fu…
Can lawyers who only share office space hold themselves out as a partnership, and can a defense lawyer share space with part-time assistant public defenders?
The opinion concluded it is improper for lawyers who only share office space and staff to hold themselves out as a partnership, and that a criminal-defense lawyer should not share space with part-time…
When a lawyer takes over a deceased attorney's files and wills, may he publish a newspaper notice telling the deceased attorney's clients how to reach him?
Yes. The opinion concluded that a lawyer who takes over a deceased attorney's files has an obligation to contact those clients so their matters are properly handled, and that the proposed newspaper no…
Must a divorce lawyer keep representing the client to enforce the judgment, and may the lawyer contact the opposing party directly after the case ends?
The opinion concluded that, absent a prior agreement to pursue post-judgment remedies, a lawyer who handled a dissolution has no continuing obligation to enforce the judgment, and that the lawyer may …
Can a Deputy Attorney General who had substantial involvement in a suit against the State join the law firm representing the plaintiffs while that suit is pending, if he is screened and the Attorney General consents?
No, not while the litigation is pending. The opinion concluded the Supreme Court's Notice to the Bar bars representing conflicting interests in a matter involving the public interest even with consent…
Can a former deputy attorney general who helped draft an agency's rules later represent a private client appealing or challenging those same rules?
No. The opinion concluded that because the lawyer, as a deputy attorney general, had substantial responsibility in drafting the agency's rules, DR 9-101(B) bars him from later representing a private a…
Can a lawyer report another lawyer's ethics violation to a grievance committee when the lawyer learned of it through a client confidence?
The opinion concluded a lawyer has neither the duty nor the right to report another lawyer's ethics violation to a grievance committee when knowledge of it came from a client confidence, and that obta…
If financial-disclosure laws require a lawyer who holds public office to reveal client identities, and a client's identity is confidential, what must the lawyer do?
The opinion concluded that where a client's identity is a confidence or secret, a lawyer who is also a public official subject to financial-disclosure laws must choose between continuing the represent…
If a lawyer cannot locate the client and the statute of limitations is about to run, what must the lawyer do to avoid neglecting the matter?
The opinion concluded that a lawyer who cannot locate the client must continue to take reasonably available steps to protect the client's interests, and that failure to do so may appear to constitute …
If a lawyer helped a property owner who was not a formal client with financial problems, can the lawyer later represent a broker suing that owner?
No. The committee assumed the lawyer acquired information about the owner's financial difficulties that would bear on the litigation, so the lawyer may not represent the broker against the owner.
If a lawyer will be a witness whose testimony is central to a case, can the lawyer's partner represent the clients in that same case?
No. Where a lawyer will testify on a contested, material issue and none of the DR 5-101(B) exceptions apply, DR 5-102 extends the bar on the representation to the lawyer's partner, who should decline …
Can a law firm make an associate sign a non-compete that bars the associate from practicing law near the firm after leaving?
Generally no. A covenant restricting an associate's right to practice law after leaving is improper, except when it is a condition to the payment of retirement benefits.
Can a Kentucky lawyer buy a disbarred lawyer's practice by paying the disbarred lawyer a percentage of the fees earned from the former clients?
No. A disbarred lawyer is treated as a layman, and a lawyer may not divide legal fees with a layman; fee division is proper only with another lawyer based on a division of service or responsibility.
Is a legislator-lawyer who shares offices with lawyers handling Special Fund workers' compensation cases violating ethics rules?
Qualified no. On the facts given, no per se violation appears, but the office-sharing lawyers are treated as partners for confidentiality and conflict purposes, and the legislator must not use his pub…
Can a lawyer in a mortgage foreclosure bid on the property at the commissioner's sale when the sale won't cover the client's secured debt in full?
No. Where the property's fair market value is too low to pay the client's mortgage debt in full, the conditions allowing the attorney to bid are not met, and bidding would conflict with the client's i…
Can a law firm accept major credit cards to pay for legal services?
Yes, subject to conditions: the bar must approve any related advertising, the plan may not publish subscribing lawyers' names, the lawyer may do no more than discreetly indicate acceptance, and the la…
Can the Attorney General prosecute someone who was a codefendant with the Commonwealth in a related civil case the AG handled?
No. The committee found an appearance of impropriety where the AG, having represented the Commonwealth as a civil codefendant, also pursues the related criminal case, though the AG may direct another …
Can a lawyer let clients pay legal fees with a credit card such as Master Charge?
The opinion concluded that it is ethical for a lawyer to offer credit card services to clients for the payment of fees for services rendered.
Can a plaintiff's divorce lawyer prepare the defendant-wife's answer for the husband to deliver, or advise the husband on preparing it himself?
The opinion concluded that the lawyer may not prepare the defendant-wife's answer (following CPR 121), and may not advise the husband on preparing his wife's answer, because the husband doing so would…
Can a lawyer employed by a federal agency join a labor union that includes both lawyer and non-lawyer employees of that employer?
The opinion concluded a Florida Bar member may not ethically join a labor union of lay and attorney employees relating to his federal employer, because of the divided loyalty such membership creates; …
Can a Florida lawyer draft a document whose legality is genuinely uncertain, such as a living will?
The opinion concluded a lawyer may draft such a document despite a good-faith uncertainty about its legality, provided the lawyer gives the client an opinion to that effect and fully discloses the pos…
Can a lawyer file a lawsuit on a claim that the statute of limitations has already run on?
The opinion concluded that a lawyer may institute suit on a time-barred claim where the limitation merely bars the remedy and can be waived as an affirmative defense, but not where the passage of time…
Can a lawyer take cases referred by an heir-hunting service that contacts potential heirs and steers them to the lawyer?
The opinion concluded it is improper for an attorney to let an heir-hunting service advise potential heirs of his services or to contact potential heirs from names the service provides, because the ar…
Can a lawyer have a client sign a confession of judgment as security for unpaid legal fees?
The opinion concluded that it is not per se improper for a lawyer to take a client's signed confession of judgment as security for fees already earned, to be filed only if the agreed fee goes unpaid, …
Can a law firm represent an ex-wife on a post-divorce motion when one of its partners once worked at the opposing firm, and the ex-wife once worked there as a legal secretary?
Yes. The opinion found no conflict for either firm, because the post-divorce motion was a new matter unrelated to the prior representations of the husband or wife and involved only facts arising after…
Can a lawyer share confidential client information, including trust-account data, with an outside accounting or bookkeeping service?
The opinion concluded that a lawyer may give limited confidential information, including trust-account data, to an outside accounting or data-processing agency for legitimate office purposes without f…
If a lawyer is appointed and paid by a municipality to defend its individual police officers in criminal matters, may he or his firm still appear before that municipality's other agencies for private clients?
Yes. The opinion concluded that because the appointed lawyer represents the individual police officers and not the municipality, like a municipal public defender, he and his firm may appear before mun…
May a municipal magistrate and the solicitor of the same town's type II board of education share office space, and may the magistrate's partner represent that board of education?
Yes. The opinion found nothing unethical per se in the office-sharing, and held that because a type II board of education is autonomous and not an agency of the municipality under the magistrate-confl…
May a lawyer with matters pending before a judge offer the judge hospitality, such as inviting the judge to lunch or other social occasions?
Not categorically barred, but to be approached with care. The committee concluded that ordinary social hospitality is permitted (EC 7-34 and the Code of Judicial Conduct allow a judge to accept ordina…
Is there a conflict when a municipal prosecutor tries cases before a municipal court judge whose law partner is the prosecutor's brother?
No, not for the prosecutor. The opinion concluded this is not a conflict situation for the municipal prosecutor; whether the judge may sit is a question of judicial qualification governed by the statu…
Can an attorney who serves on a municipal environmental commission represent private clients before that municipality's planning board, board of adjustment, board of health, and municipal court?
Not both. The opinion concluded that an attorney must choose: serving the municipal environmental commission precludes him and his firm from appearing before the town's other bodies for private client…
Can one attorney represent both a husband-driver and his wife-passenger suing a third party for a crash, and also handle the estate of their child who died in the same accident?
The opinion concluded the wife need not have separate counsel, because the multiple-employment exception applies where adult clients give informed consent and the wife will not claim against her husba…
In an uncontested divorce, what may the plaintiff's lawyer send the unrepresented defendant, and can the defendant help pay the plaintiff's fee?
The opinion concluded that the plaintiff's lawyer may send the defendant the summons and complaint for acceptance of service, but may not send a form answer, a draft answer admitting the allegations, …
Does a lawyer have to file a lawsuit the client demands if the lawyer believes it has no merit?
The opinion concluded that a lawyer, including general counsel under a general retainer, is not required to commence litigation the lawyer believes is without merit; the retainer cannot diminish the l…
How can a retiring lawyer hand off open client files, and may the successor lawyer divide fees with the retiring lawyer?
The opinion concluded a retiring lawyer may send clients a form letter offering to place files with a named successor, help the client choose another lawyer, or return the files, and that the successo…
Can a lawyer charge a contingent fee based on property recovered for a wife in a divorce case?
No. A contingent fee tied to property recovered in a divorce is improper, because the justification for contingent fees does not apply and such a fee may motivate the lawyer to interfere with reconcil…
How must a Minnesota lawyer keep a law practice separate from debt-collection-agency work?
Under this now-repealed opinion, a lawyer involved with a debt collection agency had to keep the law practice visibly separate, supervise lay staff, personally sign legal documents, protect client con…
Can a Florida lawyer charge a client the public rate for title insurance while keeping an undisclosed discount?
The opinion concluded no; a lawyer may not receive money from a third party that is charged to and paid by the client, directly or indirectly, without full disclosure to the client.
Can a Florida lawyer keep a fee a title company pays for endorsing its title commitment if the client consents?
The opinion concluded a lawyer may, with client consent after full disclosure, take a percentage of the title insurance fee for endorsing a title company's commitment, but must credit against the clie…
Can a criminal defense lawyer tell a non-client witness to get legal advice, and recommend a specific lawyer?
The opinion concluded the lawyer has the right, but not the duty, to suggest a non-client witness seek legal advice (and should not do so if it would disserve his own client); he may recommend a parti…
Can a court-appointed receiver hire his own law firm to serve as counsel in the case?
The opinion concluded that a receiver in a mortgage foreclosure action may retain the law firm of which he is a member to act as his counsel, because the court's supervision of the firm's fees and the…
Can a part-time city attorney appear before a city agency to advance his own real estate purchase?
The opinion concluded that a part-time city attorney who advises the mayor and common council may not appear before the city's urban renewal agency to obtain a plan modification letting him buy a buil…
Can a lawyer file a general denial when the lawyer knows the client has no valid defense?
The opinion concluded that it is improper for a lawyer to interpose a general denial knowing the client has no valid defense, because a civil pleading carries an implicit representation that the lawye…
Can a township's municipal solicitor serve as defense counsel for people charged with motor vehicle offenses that occurred in his township, if the cases were transferred to a neighboring town's municipal court?
No. The opinion concluded there is a conflict of interest: it is unethical for a municipal solicitor, as the municipality's chief legal officer, to defend those accused of offenses that occurred withi…
Can an attorney who serves as a township committeeman represent a client suing the township's board of education when his wife is an elected member of that board?
No. The opinion concluded the proposed representation would be improper; neither the board of education's autonomy from the municipality nor the separate identity of the attorney's spouse cured the co…
Can a firm that sues an insurance company for plaintiffs also defend that same insurer in other cases?
The opinion concluded that a firm with a substantial plaintiffs' personal injury practice against a particular insurance company may not, even with the consent of all clients, simultaneously defend th…
Can a lawyer who is a reserve police officer and legal officer for the reserve police do criminal defense work in the same area?
The opinion concluded a lawyer who is a reserve police officer and legal officer for the reserve police may not do criminal defense work in the court where those officers make arrests returnable or in…
Can a lawyer-legislator, or his partner, also serve as a city attorney or special-district counsel?
The opinion concluded yes; a lawyer may serve in the Florida legislature while he or his partner is a city attorney or special-district counsel, but he may not vote on or participate in matters signif…
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.