Legal Ethics Opinions
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If a Texas lawyer personally posts a bail bond for a client, can the lawyer later go off the bond and have the client jailed?
The Committee concluded that it would violate the Code for a lawyer who personally posted a bail bond for a client he represents to go off the bond and cause the client to be jailed, unless the lawyer…
When a corporation's lawyer learns from an officer that the officer and other directors committed crimes against the company, must the lawyer tell the board, the shareholders, or the authorities, and is the conversation privileged?
The Committee concluded the answers turn on who the client is: the corporation is the client and past personal representation does not make the officer a continuing client, so if only the corporation …
Can a lawyer known as a PBA attorney represent an individual PBA member in a matter where another PBA member is expected to testify?
Only outside criminal-type matters. The supplement narrowed Opinion 320 so the bar reaches only criminal, quasi-criminal, and disciplinary matters in which another PBA member may testify, not civil ma…
May a city collect 'attorney's fees' from property owners in special assessment districts and deposit them in its general fund, where its salaried city attorney serves those districts without extra pay?
No. The committee concluded that a salaried or retained city attorney who serves special assessment districts without additional compensation may not let the city assess such 'attorney's fees' from pr…
Can a lawyer require a new client to agree, as a condition of being hired, to arbitrate any future legal malpractice claims against the lawyer?
The committee concluded a lawyer may not condition employment on the client's agreement to arbitrate future malpractice claims unless the lawyer is satisfied the client is fully advised of the possibl…
Can a lawyer who sits on a city council represent a client against that city, such as defending a criminal case the city prosecutes or negotiating a contract with the city?
The committee concluded that an attorney-council member may not defend a client the city is prosecuting, may not represent a client negotiating a contract with the city, and may not take unrelated mat…
When a district attorney represents a minor 'in the interest of the state' in a juvenile dependency case, what should the DA do if the minor's wishes conflict with the state's interest?
The committee concluded the district attorney should consider whether the minor's interests conflict with 'the interest of the state' that the statute requires the representation to serve, and, where …
Can a lawyer join a barter or service-exchange club where members trade services and the lawyer pays the club a percentage of fees earned through it?
The committee concluded participation is improper. Paying the exchange ten percent of fees earned is prohibited fee sharing with a nonlawyer under former Rule 3-102 and improper payment for securing e…
When suing a city, can the plaintiff's lawyer talk to the city council or city manager about the lawsuit without the city attorney's permission?
The committee concluded the lawyer may communicate with the city council at a public meeting, with a council member privately, or with the city manager privately about the subject of the litigation wi…
Can a public defender approach a newly arrested person, before any court appointment, to see if they qualify for and want a public defender?
The committee concluded a public defender may initiate contact with a person arrested for a homicide or capital offense to determine eligibility for and desire for the public defender's services, beca…
Can a lawyer advise a client about conduct that would be a crime in another state, and where is the line between advice and counseling a crime?
The opinion concluded that a lawyer may explain the legal character and consequences of a contemplated act, even one criminal where it would occur, but may not encourage the client to commit it or bec…
Must a lawyer reveal that a bankrupt client concealed assets from the trustee after the lawyer learned of it and withdrew?
The opinion concluded that the lawyer need not disclose the concealed assets, because a November 1976 amendment to DR 7-102(B)(1) removed the only provision that had required disclosure when the infor…
Can an attorney appear before local boards and the municipal court when his father, as mayor, appoints those bodies and sits on the planning board?
Yes. The opinion concluded the attorney and his associates may appear before local boards whose members are appointed by his parent, because that relationship alone does not call for an inference of i…
Can a lawyer who handled an estate's administration then sue that estate, with the administrator he represented as the nominal defendant, to reach the decedent's insurance?
The opinion declined to approve it. Although the conflict might be more apparent than real where insurance covers the claim, the Committee was unwilling to hold the lawyer could accept the representat…
Can a former deputy town attorney later represent private clients in tax certiorari cases against the same town?
The opinion concluded that a former deputy town attorney may represent private clients in tax certiorari proceedings against the town only as to property for which he had no substantial responsibility…
Can a part-time district attorney pool his public salary with his law firm partners?
The opinion concluded that a part-time district attorney may share his official salary with his private law partners, because such sharing among partners is well understood by the public and creates n…
Can a part-time town attorney handle private real estate deals in his town when clients may need town permits or variances?
The opinion concluded that a part-time town attorney may not represent private clients before town agencies, but may handle a private real estate matter that might require town permits only with care,…
Can a lawyer publish a notice in a bar journal asking other lawyers with similar cases to get in touch?
The opinion concluded that a lawyer may publish a notice in a legal periodical inviting other attorneys who represent similarly situated clients to communicate with him, because cooperation serves the…
Can a lawyer who represents a party in a public-sector arbitration also sit on the arbitration panel as that party's nonneutral member?
The opinion concluded that a party's lawyer may serve as a nonneutral (partisan) member of a public arbitration panel convened under Civil Service Law section 209, because EC 5-20 restricts only servi…
Can a bar association publish a consumer legal directory of lawyers for distribution to the public?
The opinion concluded that a state, county, or local bar association may publish a law list or legal directory for wide public distribution, provided the listing conforms to DR 2-102(A)(6) and the inf…
If a lawyer takes case-by-case retainers from a county social services department, is the lawyer disqualified from all private matters against the county, or only matters involving that department?
The opinion concluded that a lawyer retained case by case by a county department with its own counsel is disqualified only from private matters adverse to or involving that department, not from other …
Can a lawyer send a licensed non-lawyer representative to appear before the Workers' Compensation Board on the lawyer's client's behalf?
The opinion concluded that a lawyer may retain a state-licensed lay representative to appear before the Workmen's Compensation Board if the lawyer discloses the representative's non-lawyer status, obt…
Can one attorney represent both an injured plaintiff and the plaintiff's own insurance carrier, which is subrogated for medical payments, in the same tort action?
Yes, with informed consent. The opinion concluded a lawyer may represent both the insured plaintiff and his subrogated carrier where the conditions of DR 5-105(C) are met, because their interests on t…
Can a lawyer accept appointment as assistant county counsel when his law partner is an elected member of the county board of freeholders that makes the appointment?
No. The opinion concluded it would be improper for the lawyer to accept appointment as assistant county counsel from the freeholder board on which his law partner serves as an elected member.
Can a group of private lawyers practice under a trade name like 'Community Law Office'?
The opinion concluded that private lawyers may not practice under the name 'Community Law Office' because it is a trade name that could mislead the public about the identity and status of those practi…
Can a town attorney keep representing the town while his law partner brings a personal lawsuit against that same town?
The opinion concluded that a town attorney may not continue to represent the town while his partner sues the town personally; the conflict and appearance of impropriety remain even with outside counse…
Can a lawyer who serves as a deputy surrogate act as a paid probate-law consultant to other attorneys, even if he does not appear in court or associate with them?
No. The opinion concluded that a court rule barring a deputy surrogate from practicing in any estate or trust matter prohibits him from acting as a probate consultant to other lawyers, because doing s…
Can a law firm list its investigator, office manager, or medical assistant by name and title on its letterhead?
No. DR 2-102(A) prohibits letterhead content beyond its enumerated exceptions, and naming nonlawyer staff or their roles is not among the information DR 2-102(A)(4) allows.
Can a former assistant prosecutor be paid by a victim's family to keep prosecuting a case he handled in office?
Qualified yes. He continues as an ad hoc public officer whose client is the Commonwealth, so he must disclose the payment to and work under the supervision of the Commonwealth's Attorney and not let t…
May an attorney recommend title insurance to a client and then act as both title examiner and agent for the title insurance company in the same real estate or loan transaction?
Yes, with full disclosure. The committee, adopting ABA Formal Opinion 331 and expressly replacing and withdrawing its earlier Opinion 281, concluded that under DR 5-101(A) and DR 5-104(A) an attorney …
When a deed-of-trust foreclosure becomes contested, can the lawyer who is trustee, or his firm, also represent the foreclosing bank on appeal and in related suits?
The opinion concluded that the lawyer-trustee or his firm may not represent the bank in the contested appeal or related litigation, but may represent the trustee; if the lawyer resigns as trustee and …
Can a client hire an investigator on a contingent fee, paid from the recovery, at the lawyer's suggestion?
The opinion concluded it is ethically improper for an attorney to instigate or participate in an arrangement under which the client hires an investigator on a contingent fee tied to the recovery, beca…
May a former law clerk, now in private practice, represent a client whose case was pending before the judge the lawyer clerked for?
The opinion concluded the former clerk may represent such a client (in court, consultation, research, or investigation) if his contact with the case as clerk was only that it was pending or purely adm…
Must a lawyer explain all the available fee arrangements to a client even if the lawyer would only take the case on one type?
The opinion concluded that an attorney has an ethical obligation to advise a client fully and fairly about all the various fee arrangements available for a particular matter, even though the lawyer wo…
Can a West Virginia lawyer also work as a licensed life insurance agent, soliciting business and splitting commissions?
LEI 76-5 concluded a lawyer may hold a life insurance agent's license but must keep the two pursuits wholly separate: he may not identify himself as a lawyer in the insurance business or use it to sol…
Can a planning board's attorney advise the board on a matter in which he has a personal or financial interest if the board and the applicant both consent?
No. The opinion concluded that the consent that can cure a personal-interest conflict between private parties is unavailable where the required consent is that of a public body, so the attorney should…
Can a lawyer sue a former client in an unrelated case, and can a lawyer who currently represents a married couple later handle a divorce for one spouse?
Mixed. The opinion concluded the lawyer could sue a former client in an unrelated accident case where the prior representation had ended, but he could not, even with consent, turn from representing a …
Can a lawyer charge a contingent fee to collect past-due alimony or child support that is already owed?
The opinion concluded that a reasonable contingent fee for collecting past-due alimony and child support is not improper; EC 2-20's caution against contingent fees in domestic relations cases applies …
What trust-account books and records did a Minnesota lawyer have to keep?
This now-repealed opinion required every Minnesota lawyer in private practice to keep detailed trust-account records (account identification, a check register, per-client subsidiary ledgers, monthly t…
Can a municipal attorney defend a town police officer at a probable-cause hearing in the same municipal court the attorney serves?
No. The opinion concluded the municipal attorney should not represent the police officer at the probable-cause hearing in his own municipal court; the officer has a statutory right to independent coun…
Can a lawyer who once drew reciprocal wills for a husband and wife later represent the husband in a divorce against the wife?
Yes, on these facts. The opinion concluded the lawyer could represent the husband in the divorce because all of his information for the wills came from the husband and the wife gave him none, so there…
After withdrawing from representing a corporation, can a lawyer sue that corporation on behalf of a former officer and stockholder?
Only sometimes. The lawyer may not take the new case if it concerns, is substantially related to, or involves information from the former corporate representation; otherwise the lawyer may proceed.
Can a lawyer run a school that teaches laypeople how to file their own bankruptcy petitions pro se?
The opinion concluded that it is improper for lawyers, acting independently of any responsible sponsoring organization, to operate a school teaching laymen to prepare and file their own bankruptcy pet…
Can a lawyer continue a private client's appeal from a municipal court conviction while he is also retained by that same township to defend it in civil litigation?
No. The opinion concluded it would be improper for the attorney to appear for the private client on the appeal while he simultaneously represents the township in litigation against it; moving the case…
Can a lawyer who drafted and witnessed a will charge a legal fee to appear before the surrogate's probate clerk to testify as a witness to that will?
No. The opinion concluded a lawyer is acting simply as a fact witness when testifying to a will before a surrogate or probate clerk, so no legal fee may be charged for that appearance; the matter fall…
Can a lawyer in a civil case threaten or help bring criminal charges, such as for perjury by the opposing side, to pressure a settlement?
No. The opinion concluded a lawyer must not, while the civil action is pending, threaten criminal action or participate in filing criminal charges to force a settlement; that conduct violates DR 7-105…
Can a board of education attorney serve as the board's labor negotiator with the teachers' union when his own wife is a full-time, non-tenure teacher employed by that board?
No. The opinion concluded it would be improper for the attorney to serve as the board's labor negotiator, because his wife's personal and financial interest in the negotiations could impair his judgme…
Does the rule barring a municipal judge from political activity also bar his law partners and associates, and is the judge's dual role as school board attorney an ethics question for the committee?
The opinion concluded the dual-office question was for the judiciary, not the ethics committee, and held that the rule barring a municipal judge from political activity does not automatically extend t…
Can a lawyer hand a written fee-schedule brochure to clients and prospective clients who come to the office?
The opinion concluded that a lawyer may give a truthful and dignified fee-schedule brochure to clients and prospective clients who come to the office, so long as the rates are not the product of an an…
Can a lawyer who serves on a borough assembly, or the lawyer's firm, represent clients before that assembly?
The opinion concluded that an attorney who is a member of a legislative and quasi-judicial body, such as a borough assembly, may not practice or represent clients before that body, or before agencies …
Can a lawyer who is sued by a former client over his own apartment rent represent himself and his wife pro se, or must he hire independent counsel?
Yes, he may appear pro se. The opinion concluded that an attorney sued by a former client may represent himself and his wife in the action, because he has the same fundamental right to self-representa…
When can a lawyer withdraw from a case after suit has been filed: no liability, client problems, or the lawyer's own illness?
The opinion summarized the grounds for withdrawal under DR 2-110: a lawyer may seek the court's permission to withdraw on becoming convinced there is no liability, for various client problems, for del…
Can a lawyer feed the press a news story about a lawsuit he filed, or publicize his role in a case?
The opinion concluded that a lawyer should not instigate a news story highlighting his own involvement in a case, because that is indirect self-advertising; publicity genuinely in the client's interes…
Can a legal aid staff attorney give the organization's board of directors a client's confidential financial-eligibility information without the client's consent?
The committee concluded that a legal aid attorney may not disclose a client's confidential financial information regarding eligibility to the foundation's board of directors without the client's conse…
Can a bank's lawyer have the borrower pay his fee, and can he represent both the bank and the borrower at a mortgage closing?
The opinion concluded that a lender's lawyer may have the borrower pay his fee for work actually performed, so long as the fee is not divided with the lay lending institution and the borrower is told …
Can a lawyer who shares office space with an assistant district attorney still defend criminal cases in that county?
The opinion concluded that a lawyer who shares office space with an assistant district attorney, even with no fee- or business-sharing, may not practice criminal law in the county the assistant DA ser…
Can a law firm represent a wife in a divorce when one of its associates recently represented the husband's company in a related matter?
The opinion concluded that a firm may not represent the wife in a matrimonial action, absent the husband's consent, where an associate recently represented the husband's corporation on a matter (a buy…
What private legal work can a part-time county legislator take on without a conflict with the county he serves?
The opinion concluded that a part-time county legislator may take private matters where there is no actual or potential conflict, no improper influence, and no basis for public suspicion of advantage,…
Can a New York law firm with an out-of-state office list both addresses and each lawyer's bar admissions on its New York letterhead?
The opinion concluded that the New York letterhead of a multi-state firm may show both office addresses and each lawyer's admissions, including admission only in another state, provided a non-admissio…
Can a lawyer who worked on a malpractice suit against a physician at his old firm later represent that physician in an unrelated divorce after moving to a new firm?
No. The opinion concluded it would be improper for the former associate and his present firm to represent the physician in the matrimonial action, because the physician's interests are hostile to the …
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.