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 former federal law clerk work on a bankruptcy matter pending before the judge he clerked for?
The opinion concluded he may not; a former law clerk now in private practice may not perform any legal services for the trustee in a Chapter X proceeding pending before the judge for whom he clerked.
Can one lawyer serve as attorney for both a town and a village located within that town?
The opinion concluded that it is not per se improper for a lawyer to be both town attorney and attorney for a village within the town, but the lawyer must decline or refrain where a substantial likeli…
Can a lawyer employed full-time by a firm practice under his own name, and can a Florida Bar member working from an out-of-state office say so on his letterhead?
The opinion concluded a full-time firm employee may not practice under his own name to the exclusion of the firm name, but if he also maintains an individual practice his own letterhead is proper; a F…
Is there a conflict of interest if an assistant county prosecutor appears before a juvenile and domestic relations court where his mother is the chief clerk?
No. The opinion concluded that because the prosecutor handled only adult matters (child-support cases against absconding fathers) and not juvenile proceedings, his appearances before the court where h…
Can a law firm sue a person in an unrelated matter when a partner of the firm had earlier consulted with that person about a different, declined case?
Yes. The opinion concluded there was no conflict where the prior consultation involved a wholly unrelated malpractice matter the firm declined to take, and no confidential information from that consul…
Can a lawyer who is also a corporation's officer and a material witness keep representing it in litigation?
The opinion concluded he should try to secure outside counsel for the insolvent corporation; if he cannot, he should disclose the facts to the court and seek a determination that he falls within the h…
Can a Florida lawyer who is 'Of Counsel' to an out-of-state firm list that firm's address on his Florida letterhead?
The opinion concluded he may not; because the inquirer did not maintain an office in Ohio, the Ohio address was not justified on stationery used in his Florida office.
If a lawyer shares offices with a part-time assistant county attorney, can his office-mate take criminal or bastardy cases in that county?
Under this 1977 opinion, no to defending criminal cases or taking bastardy matters where the county's interest differs, even if the assistant is not personally involved; a narrow exception allowed con…
Can a law firm pay nonlawyer staff bonuses calculated as a percentage of the firm's gross or net income?
No. Tying a lay employee's bonus to a percentage of the firm's gross receipts or net profits is sharing legal fees with a nonlawyer, barred by DR 3-102(A); the only exception is a profit-sharing retir…
Can a lawyer keep accepting client referrals from the same real estate broker?
The opinion concluded that it is not per se improper for a lawyer to accept repeated referrals from a real estate broker, because the temptation to please a referral source is not enough to require de…
Can a lawyer with a regular criminal defense practice also accept appointments to prosecute unrelated cases?
The opinion concluded he may not; a lawyer who regularly represents criminal defendants in his private practice may not also serve as prosecutor in criminal cases unrelated to that practice.
Does a Florida lawyer who takes over a tort case have to share the fee with the client's discharged first attorney?
The opinion concluded no; the second attorney has no ethical duty to divide the fee with the discharged first attorney, as long as the fee arrangement with the client contained no provision for such a…
Must an assistant city attorney withdraw from suing the city's insurers when an insurer impleads the city?
The opinion concluded yes; an assistant city attorney representing a private claimant against the city's insurers must withdraw once an insurer files a third-party complaint against the city.
What must a lawyer do when a convicted client asks the lawyer to hold instruments bought with the proceeds of the crime?
The opinion concluded that a lawyer must immediately reject a client's request to hold for safekeeping negotiable instruments bought with the proceeds of the client's crime, but the lawyer's duty to p…
Can a lawyer be a director of a company that buys up judgments at a discount and then has the lawyer's firm collect them?
The opinion concluded that it is improper for a lawyer to serve as a director of a corporation set up to solicit and buy judgments at a discount when the lawyer's firm will be retained to collect them…
Can a lawyer advance litigation costs and agree that the client only repays them if the case is won?
The opinion concluded that a lawyer may advance the costs of litigation but may not make the client's obligation to reimburse those costs contingent on the outcome; the client must remain ultimately l…
Can a lawyer send information directly to the opposing party when he suspects opposing counsel isn't passing it along?
The opinion concluded no; a lawyer who suspects opposing counsel is not relaying settlement offers or other vital information to that counsel's client may not himself transmit the information to the r…
Can a lawyer accept title work from a lender that, as a standing practice, tells all borrowers it will accept title certificates only from that one lawyer?
The opinion concluded that, while a lawyer may accept work recommended by friends or satisfied clients, it is unethical to accept employment that results from a lender's long-standing requirement that…
Can lawyers, including a young lawyers association, ask a lending institution or title insurer to review their qualifications and add them to its approved list for title searches?
The opinion concluded that lawyers, whether or not young and whether or not in an association, may ethically request a lending institution or title insurance company, agency, or agent to review their …
Can a lawyer who owns a substantial interest in a title insurance company certify title to that company in a real estate deal and take compensation from it?
The opinion concluded that it is unethical for a lawyer who owns a substantial interest, directly or indirectly, in a title insurance company, agency, or agent to certify title to it in a real estate …
In a routine residential loan and sale, can one lawyer represent the borrower and the lender (and handle the seller's deed), and what must the lawyer disclose?
The opinion concluded that a lawyer may represent both borrower and lender in the usual residential loan transaction, but must give timely notice to anyone he does not intend to represent (or be deeme…
Can a lawyer interview an unrepresented adverse witness and take a statement that helps the lawyer's client?
The opinion concluded that a lawyer may obtain a statement from an unrepresented person whose interests are adverse, even if the statement harms that person, as long as the lawyer is candid about his …
Can an attorney serve as municipal prosecutor in a town where his law partner is the attorney for the zoning board of adjustment?
No. The opinion concluded it is improper for a municipal prosecutor to be the law partner of the zoning board of adjustment's attorney, because a municipal prosecutor is a municipal attorney, a statut…
Can the lawyer for an estate's personal representative tell the surviving spouse about elective-share and other statutory rights?
The opinion concluded yes; a surviving spouse who claims an elective share or statutory entitlements does not, without more, have a conflict with the personal representative or other beneficiaries, an…
Can a part-time public defender and his assistant represent co-defendants whose interests conflict if they keep separate offices?
The opinion concluded that a public defender and his assistant cannot represent co-defendants with conflicting interests; the whole office is treated as one firm under DR 5-105(D), and keeping separat…
May a lawyer separately bill a client for time spent by the lawyer's salaried paralegals and other nonlawyer staff?
Yes, with care to avoid double-billing. A lawyer may separately itemize on a client's bill the time of salaried nonlawyer personnel for legal research and similar delegated work, but must avoid duplic…
Must a Florida lawyer disclose to the court that his client lied at a deposition?
The opinion concluded that a lawyer who learns his client deliberately lied at a deposition must call on the client to rectify it, must withdraw, and, if the client refuses to rectify, must reveal the…
Can a former judge who now practices law use the title 'Judge' on his company's letterhead?
The opinion concluded a practicing lawyer who was briefly a judge may not use the title 'Judge' on the letterhead of a separate business he heads, and his employees should not refer to him as 'Judge' …
Can a lawyer take a share of a public adjuster's commission on the client's fire-loss claim?
The opinion concluded that a lawyer may accept a portion of a fire adjuster's commission on a client's loss only if the client consents after full disclosure and all of the proceeds the lawyer receive…
Can a court-appointed public defender privately bill a client who was found to be a needy person?
No. A defendant adjudged needy is entitled to free representation, so charging him a private fee for appointed work involves the kind of dishonesty barred by DR 1-102(A)(4), independent of the statute…
What can a Kentucky law firm put on its letterhead about out-of-state offices, of-counsel lawyers, and where its lawyers are admitted?
A firm may list bona fide out-of-state law offices, but may not show an of-counsel lawyer's separate office address or affirmative admission notations; non-admission notations are required only where …
Can a law firm list on its letterhead lawyers who rent space and take referrals but are not employees?
The opinion concluded no; to avoid misleading the public, a firm should not list on its letterhead any lawyer who is not an employee of the firm in some capacity (member, associate, or of counsel).
Can an insurer's lawyer also represent the claimant in a friendly suit or wrongful-death settlement needing court approval?
The opinion concluded no; a lawyer employed by an insurer may not also represent the minor claimant in a 'friendly suit' to approve a settlement, nor the personal representative seeking approval of a …
When can a lawyer destroy or dispose of a client's closed files?
The opinion concluded that a lawyer may dispose of closed files once any legally mandated retention period has run and the client has no foreseeable need for them, after seeking the client's dispositi…
Can lawyers in a two-county firm be listed in the phone directory for both counties?
The opinion concluded yes; members of a firm with offices in two counties may be listed in the classified telephone directory for both counties if they do legal work for a substantial number of client…
Can a prosecutor reveal information from law enforcement officers in a later civil suit against those officers?
The opinion concluded yes; an assistant state attorney who received confidential information from law enforcement officers in a criminal prosecution may reveal it in a related civil action against tho…
Can a bar association advertise its lawyer referral service by distributing brochures in hospitals?
The opinion concluded a bar association's lawyer referral committee may distribute a brochure describing its referral service in local hospitals and other appropriate public locations, following guide…
Must a lawyer disclose to a welfare agency or prosecutor that a client on public assistance has an undisclosed asset or personal-injury claim?
Not on these facts. The opinion concluded the meager facts presented fell short of clearly establishing that the clients had perpetrated a fraud, so the rule requiring a lawyer to reveal a client's fr…
Does a lawyer who commits malpractice automatically violate the ethics rule on competence?
The opinion concluded no; a lawyer guilty of actionable negligence in handling a matter does not automatically violate the disciplinary rule requiring competent representation.
Can a firm that represents the local sheriff also take criminal defense work in the same jurisdiction?
The opinion concluded a firm that represents the local sheriff (individually or in official duties) may not do criminal defense work in that jurisdiction unless the representation is so casual or spor…
Can a Florida lawyer teach a public legal-education course to non-lawyers?
The opinion concluded a lawyer may teach a course on general legal subjects to laymen at a local school, so long as he does not emphasize his own professional experience and does not give individual l…
Can a law firm's name-change announcement say the change was prompted by a partner becoming a judge?
The opinion concluded that a firm may state in a change-of-name announcement that the change resulted from a partner assuming judicial office, because it gives useful information about the reason for …
Can a law firm send a newsletter bearing its name, prepared by an outside service, to people who are not its clients?
The opinion concluded that a firm may distribute a firm-named newsletter prepared by others to its own clients with full disclosure, but distributing it to non-clients would create the appearance of s…
Can a state estate-tax attorney handle a private client's federal estate-tax matter, given the state and federal returns are linked?
The opinion concluded that a state estate-tax attorney barred from private state estate-tax work is also barred from a client's federal estate-tax work, because reducing the federal tax necessarily re…
Can an attorney appear before a municipal planning board when one of the board's voting members is a current or former client?
Yes. The opinion concluded the attorney may ethically appear before the planning board even though a voting member is a present or past client; the responsibility falls on that board member not to sit…
Can a law firm represent defendants who were investigated or indicted while one of the firm's associates was working on the county prosecutor's staff?
No. The opinion concluded a firm may not represent defendants who were investigated or under indictment during the time an associate of the firm served on the county prosecutor's staff, even if that a…
Can a lawyer sue a former client for defamation over a complaint the client filed with a grievance committee?
The opinion concluded that a lawyer may not sue a former client for defamation based on a grievance-committee complaint where the lawyer has reason to believe the statements are protected by an absolu…
Can a newly admitted lawyer give a local newspaper a biography and photo for a brief news story about starting practice?
Qualified yes. A factual, non-laudatory news announcement about a new lawyer is permissible; DR 2-101(A) bars only self-laudatory statements calculated to attract lay clients, and the test turns on la…
Can an assistant county attorney or his law partners defend criminal cases in the county where he serves?
No. An assistant county attorney may not defend criminal cases in his own county's courts, and because the assistant is disqualified, his partners are disqualified as well.
Can a lawyer who shares office space with the county attorney take cases against the county or defend criminal cases there?
Under this 1977 opinion, no to representation adverse to the county, and a qualified no to defending criminal cases in the attorney's own county; the KBA later modified it (E-243) and overruled it (E-…
Can a lawyer disclose a deceased client's confidential statements if the personal representative waives the attorney-client privilege?
The opinion concluded that a deceased client's personal representative may waive the attorney-client privilege, and that the attorney discharges his ethical duty by raising any objection he has to dis…
Can a client send a letter drafted by their lawyer out on the lawyer's letterhead?
The committee suggested that clients write and sign their own letters; a letter drafted by the attorney should not go out on the attorney's letterhead, or, if it does, both the client and the attorney…
Can a prosecuting attorney or a member of the prosecutor's staff represent a private client in a claim before the Workmen's Compensation Commission?
LEI 77-9 concluded a prosecutor or staff member may not prosecute an action on behalf of a private client against the Workmen's Compensation Commissioner, but may represent a claimant seeking disabili…
Can a West Virginia lawyer print 'Specializing In' a list of practice areas on a business card?
LEI 77-8 concluded that a business card reading 'Specializing In' Social Security, Workmen's Compensation, personal injury, Department of Labor, black lung, and medical negligence violated DR 2-105(A)…
Can a West Virginia lawyer represent both spouses in a no-fault 'irreconcilable differences' divorce if both consent?
LEI 77-7 concluded it would be improper for a lawyer to represent both husband and wife at any stage of a marital problem, even with full disclosure and informed consent, and that the no-fault statute…
Can a part-time municipal judge with criminal jurisdiction represent criminal defendants in the circuit court when his own city is not involved in the case?
LEI 77-3 concluded it would be improper for a municipal judge with criminal jurisdiction to represent criminal defendants in the circuit court, even though his jurisdiction was limited to municipal or…
Can a lawyer switch sides to represent the husband against a former divorce client, and can a lawyer contact other accident victims' families to take their cases?
LEI 77-2 concluded it would be highly improper for the lawyer to 'switch sides' and represent the husband against the wife he had formerly represented in her divorce, and that it would be improper to …
Can a West Virginia lawyer who is also a CPA mail other lawyers an announcement offering to consult on tax and estate matters, and may it say 'I am a certified public accountant'?
LEI 77-11 concluded the lawyer could announce to other lawyers his availability as a consultant in taxation and estate planning under DR 2-105(A)(3), but had to omit the statement 'I am a certified pu…
Can a West Virginia lawyer own a collection agency while continuing to practice law?
LEI 77-1 concluded a practicing lawyer may not participate in the activities or management of a collection agency that solicits the collection of claims, and may not, if he has a financial interest in…
After a joint representation ends, can a lawyer reveal what one former co-client told him, and may the lawyer testify when that co-client later commits perjury against the other client?
The Committee concluded that the lawyer may not disclose the versions of the facts a co-client gave while the lawyer represented him, even after the relationship ends, but may disclose what the co-cli…
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.