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 fewer or different words, check the spelling, or clear the filters to browse everything.
Could a lawyer take a contingent fee to collect a final domestic-relations judgment and require irrevocable designation as payee?
The opinion did not prohibit the contingent fee, but said the irrevocable payee assignment implicated Rule 1.8(a) on conflicts of interest.
Could a firm form a lawyer- and nonlawyer-owned corporation that charged people to find a lawyer?
The opinion said the proposed program involved prohibited fee splitting with nonlawyers under Rule 5.4(a).
Could a lawyer represent a father in custody litigation against a woman the lawyer's firm had represented in another child's custody case?
The opinion said no unless the former client gave a knowing and intelligent waiver of the conflict.
Could a firm that represented a mother and one child together defend that child in a later suit brought by the mother?
The opinion said no to the proposed defense after the firm had represented the mother and child together against another child.
Could a successor lawyer share fees with a predecessor expected to be disbarred before the case ended?
The opinion said yes if the predecessor was licensed when the legal services were performed.
What confidentiality duties applied when a child heard will-drafting conferences and a court might order testimony?
The opinion distinguished statutory privilege from Rule 1.6, required the lawyer to assert confidentiality, and allowed court-ordered testimony after the issue was adequately presented.
Could a lawyer keep negotiating a wrongful death settlement after the client died without disclosure?
The opinion said no: the lawyer had to tell opposing counsel and the court of the client's death within a reasonable time and could not actively negotiate before disclosure.
May a law firm list its office manager, paralegals, or legal assistants on its letterhead?
The opinion permits those names on letterhead if the staff members are clearly identified as non-attorneys.
Can a lawyer give an affidavit about a former joint client's statements to help co-counsel collect a fee from that client?
The committee concluded that the second lawyer could not voluntarily disclose, by affidavit or otherwise, the client's statements about fees owed to co-counsel, because that information was the…
Did Nebraska's former lawyer-witness rule require a lawyer to withdraw when representing the lawyer's own firm and possibly testifying?
No. The 1993 opinion treated representation of one's own firm as self-representation rather than employment by a client, so DR 5-102 did not bar continued representation.
Must a lawyer follow a 13-year-old client's wishes in a care-and-protection case when professionals think those wishes are against the child's best interests?
The committee concluded that the lawyer must advocate a competent minor client's stated position, and may instead seek to withdraw; only if the lawyer determines the child is incompetent may the…
Was a Nebraska county attorney's entire office disqualified when the county attorney's police-officer spouse was a witness?
Not automatically. The county attorney had to disclose the relationship and personally step aside if the spouse might testify; the entire office was excluded only when the case created an appearance…
Can a lawyer phone or mail potential co-plaintiffs to ask them to join litigation, and can the lawyer ask the client to do it instead?
The committee concluded that mailed solicitations must be labeled 'advertising,' telephone solicitation for a fee is prohibited, and a lawyer may not have the client recruit co-plaintiffs to…
Under Nebraska's former ethics code, could a lawyer disclose a prospective client's plan to commit a future crime after declining the representation?
Potentially yes, but disclosure was not mandatory on the stated facts. The lawyer had to decide whether DR 4-101(C)'s future-crime exception applied and whether disclosure was warranted.
Must a lawyer stop a staff member from telling police which client she thinks stole money from her purse at the office?
The committee concluded that the confidentiality duty did not require the lawyer to prevent an employee from giving police the name of the client she suspected, because she observed the apparent…
Can a lawyer use a former client's confidential information to fight discharge of unpaid fees in the client's bankruptcy?
The committee concluded the lawyer may use public-record information and, under Rule 1.6(b)(2), confidential information obtained during the representation to establish a claim for unpaid fees in…
Can a lawyer who is also a CPA list both professions on the same business card, and what ethics rules apply to running both practices?
The committee concluded a South Carolina lawyer may also practice another profession if he meets both professions' requirements, and the rules do not prohibit showing both on one card or letterhead,…
Can a lawyer pay a fact witness more than the statutory subpoena fee to cover lost wages, and what limits apply?
The committee did not decide when extra witness payments are allowed by law, but concluded that to the extent such compensation is legally permissible there is no ethical bar, and the lawyer may…
Can a South Carolina lawyer associate with an out-of-state lawyer to handle estate planning for South Carolina residents?
The committee concluded the two may serve as co-counsel so long as the South Carolina lawyer stays jointly responsible for the representation, did not learn the clients were improperly solicited,…
Must an estate's attorney, or a lawyer serving as personal representative, tell a surviving spouse about the right to claim an elective share?
The committee concluded neither the attorney for the estate nor a lawyer acting as personal representative has an ethical duty to inform a surviving spouse of the elective-share right absent an…
Can a lawyer take a contingency fee on the whole recovery and also a percentage of the subrogated insurer's share?
The committee concluded, following the South Carolina Supreme Court's decision in In re Jones, that a lawyer may not take both a contingency fee on the entire recovery and a percentage fee of the…
When a client tells the lawyer not to contact a health insurer with a possible subrogation claim, what must the lawyer still do?
The committee concluded the lawyer has no affirmative duty to notify the insurer of the tort action, but the duty of competence requires advising the client, before disbursing settlement funds, that…
Can a lawyer withhold a former criminal client's file under a retaining lien until the client pays a copying fee?
The committee concluded the attorney may not withhold the file on these facts, because even where a retaining lien exists the lawyer should ordinarily forego it when withholding would prejudice the…
What should a Nebraska lawyer do with trust-account funds belonging to a client who cannot be located?
The 1993 opinion required diligent efforts to find the client and continued trust-account safeguards, followed by disposition under applicable state unclaimed-property law after the statutory period.
Can a trustee's lawyer who discovers the trustee is stealing trust funds warn the beneficiaries or the court?
The committee concluded that, if the lawyer determines the client is reasonably likely to intend a future crime, the lawyer has discretion to reveal it to the beneficiaries or court; a fraud…
Did a Maine judge have to recuse from prosecutions by an office headed by the judge’s spouse’s brother?
Yes. The committee found the district attorney’s control of the office gave that relative a more than minimal interest in its cases, requiring recusal even when another prosecutor appeared.
When a secretary who worked on a case moves to opposing counsel's office, is the new firm disqualified, and what must the old lawyer do?
The committee concluded the opposing firm is not imputedly disqualified merely because it hired the secretary and may continue, provided it makes reasonable efforts under Rule 5.3 to keep her…
Can a lawyer participate in a non-law business that buys and assumes physicians' workers'-compensation accounts receivable?
The committee concluded that whether the business itself is proper is a question of substantive law it does not address, and that participation that does not involve the practice of law is not…
Can a lawyer buy the results of a service that phones prospective jurors from the venire list before the term of court?
The committee concluded an attorney may not, without court approval, use or cause the use of any private service that contacts a venire member before jury service is completed, because Rule 3.5 bars…
Can a former judge represent a party in a dispute over an order the judge himself entered while on the bench?
The committee concluded that under Rule 1.12 the former judge may not represent a party in a dispute over a consent order he entered as a family court judge, because entering even a consent order…
Can a law firm sue a municipality when one of its lawyers sits on that municipality's city council?
The committee concluded that Rules 1.11 and 1.7(b) could preclude the representation; the firm may proceed only if the client consents after notice and the council-member lawyer is screened, with…
Can a South Carolina lawyer agree to review documents for an out-of-state lawyer who runs estate-planning seminars and drafts for SC residents?
The committee concluded the out-of-state lawyer's work for South Carolina residents would be the unauthorized practice of law, that the South Carolina lawyer was barred by Rule 5.5 from assisting…
Can a closing law firm get a borrower to sign an advance waiver letting the firm later represent the lender against that borrower?
The committee concluded a firm may limit the scope of its representation of a borrower to closing the loan and obtain the borrower's advance written consent to later represent the lender in…
If a lawyer is retained by a county to prosecute magistrate-court cases, can he still defend criminal clients in the county's municipal courts?
The committee concluded the lawyer could defend clients in the county's municipal courts, because those charges are brought by municipal police rather than the county whose cases he prosecutes,…
Can a lawyer telephone people the bar referral service listed who never called the lawyer back?
The committee concluded it would be improper for the lawyer to phone referral-service recipients who never called the office, because no professional relationship existed and Rule 7.3 bars…
Can a lawyer advise a client to accept a settlement that requires the client not to voluntarily testify in related cases?
The committee concluded that if the request meant the client should refrain from voluntarily giving relevant information to another party, advising the client to accept would violate Rule 3.4(f)…
Under this rescinded 1993 Nebraska opinion, could a deputy public defender join the same county's prosecutor office using case review and screening?
The opinion said yes with case review, screening, personal nonparticipation, and outside counsel where needed, but Nebraska Opinion 94-4 rescinded that guidance in 1994.
Must a lawyer disclose a former client's alleged fraud when the evidence is uncertain and tied up with the client's confidences?
The committee concluded that the mandatory fraud-disclosure duty did not apply because the information neither clearly established fraud nor escaped the privileged-communication exception, and that…
Is Georgia Formal Advisory Opinion 93-2 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 93-2, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the…
When did a spouse’s law firm lobbying for sheriff and trial lawyer groups call for a Maine judge’s recusal?
The committee found recusal generally appropriate when either association was a party, but required case-specific analysis for individual members; disclosure had a lower threshold than disqualification.
Can a lawyer keep suing a company that briefly became a former client when another firm lawyer represented it in an unrelated case?
The committee concluded that a lawyer may continue representing a client against a former client without the former client's consent where the new matter is not the same or substantially related to…
Can a public defender's office employ as chief investigator the spouse of a sheriff's narcotics investigator?
The committee concluded the public defender's office could employ the investigator's spouse so long as she did not assist or have access to information from lawyers adverse to parties her spouse's…
Can a lawyer use a musical jingle in radio or TV advertising, or is that too undignified?
The committee concluded that jingle lyrics must meet the same advertising rules as any other ad text, avoiding false or misleading statements and improper specialist claims, but a lawyer could not…
When opposing counsel won't respond, can a lawyer copy the represented party directly, or tell the client to contact the other party?
The committee concluded that Rule 4.2 bars a lawyer from copying a represented party on settlement letters, but the lawyer may advise the client that the client may contact the other party directly,…
If a client signs a doctor's lien and later tells the lawyer to ignore it at disbursement, what must the lawyer do with the settlement money?
The committee concluded the lawyer may refuse the client's instruction to disregard a doctor's lien, but if the client disputes the provider's right to payment, the lawyer must notify the provider…
Could a dissolution lawyer listen to a tape the client found at home, and what must the lawyer do with it?
Arizona Opinion 93-14 permitted the lawyer to listen to the spouse's tape with the client's informed consent because the client found it by happenstance, without improper acquisition. The lawyer had…
Can a lawyer charge a contingent fee to non-spouse parties pulled into a divorce case over whether titled property is marital?
The committee concluded that a contingent fee was permissible, because the parents' claim, that property titled in their name was non-marital, did not seek the divorce, alimony, support, or property…
Could a prosecutor's office file blanket notices of change of judge against one municipal judge?
Arizona Opinion 93-13 said blanket challenges could abuse criminal Rule 10.2 and violate ER 3.5 when intended to pressure a judge's rulings. It distinguished decisions made individually by deputy…
If a client fires the lawyer early, does the lawyer have to refund the unused part of a non-refundable retainer?
The committee concluded that if a non-refundable retainer is reasonable, the attorney may keep the unused portion after the representation ends, because Rule 1.16(d) permits retaining a reasonable…
Can a lawyer deposit the firm's own money into a client trust account to cover or avoid bank service charges?
The committee concluded that a lawyer or firm could deposit firm funds in a client trust account to pay or avoid bank service charges, so long as records were kept that identified the ownership of…
Could a lawyer report a former criminal client's unpaid fee check to prosecutors?
Arizona Opinion 93-11 held that ER 1.6 barred the lawyer from disclosing a former criminal client's bounced fee-check information to the county attorney on the stated facts. The fee-claim exception…
Could a Vermont firm represent a town on a bridge permit after a partner gave an opponent advice about the same project?
Opinion 93-11 required withdrawal because the partner's prior advice protected the opponent's information and was substantially related to the town's later Act 250 matter.
Can a lawyer who is also licensed in another profession, like medicine, advertise both credentials together?
The committee concluded that nothing in the advertising rules barred a lawyer from noting a second professional license, but the lawyer had to avoid statements likely to create a false impression…
Must a lawyer report a client's conflicting testimony in a represented case or an unrelated case?
Arizona Opinion 93-10 found no ER 3.3 disclosure duty in the represented case without actual knowledge that the client's testimony there was false, although further inquiry was prudent and Rule 11…
Could a Vermont lawyer operate a real estate brokerage from the law office and mention legal experience in brokerage ads?
Opinion 93-10 allowed the lawyer's brokerage and law practice to share an office and allowed truthful ads mentioning the lawyer's legal experience. Its facts assumed the lawyer did not represent…
Could a Nebraska guardian ad litem continue juvenile cases opposite a deputy county attorney whom the lawyer represented in a divorce?
No. The 1993 opinion found potentially adverse duties and concluded that the juvenile could not waive the conflict, so the simultaneous representations were improper.
Can a lawyer sell real estate he owns to a client he is currently representing in the client's divorce?
The committee concluded that the lawyer was not necessarily barred from selling property he held to a current matrimonial client, provided the client had separate counsel on the real estate deal,…
Is Georgia Formal Advisory Opinion 93-1 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 93-1, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the…
Can a bar lawyer referral service charge participating lawyers a percentage of the fee they earn on each referral?
The committee concluded the proposed 10%-of-net-fee charge violated Rule 7.2(c), because a percentage that varies with each lawyer's fee is neither the 'usual charges' of a not-for-profit referral…
Could a firm lobby the legislature when one of its lawyers served as a legislator?
The Board-published replacement for Arizona Opinion 93-09 found no automatic ER 1.7 or 1.10 bar on firm lobbying, but required a case-specific assessment of material limits on client representation…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Weight varies by state: Most bar opinions are advisory, not binding like court discipline decisions, though formal opinions carry substantial weight. Some states go further: Georgia and Virginia opinions approved by the state supreme court bind lawyers there, New Jersey's bind the ethics committees that decide grievances, Rhode Island and Alabama protect the lawyer who asked for an opinion and followed it, and Utah and North Dakota protect lawyers who rely on one. Each opinion page says how much weight its opinion carries.
- 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.