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 lawyer sponsor a Welcome Wagon program that has hostesses hand out the lawyer's cards or brochures to new residents?
The committee concluded that distributing a lawyer's advertising through a Welcome Wagon program is not prohibited, but it is advertising subject to Rule 7.2 and, where a contact amounts to…
Could Arizona assistant attorneys general conduct pro bono intake and represent clients referred by a volunteer program?
Arizona Opinion 93-08 conditionally permitted assistant attorneys general to staff the described pro bono intake and take referred matters if the statutory requirements were met and reasonable…
Could Vermont wrongful-death counsel continue the estate’s appeal and distribution case after ceasing to represent one heir?
Opinion 93-08 allowed counsel to continue the estate’s appeal and distribution matter after leaving the father’s representation, but barred representation of an individual heir in a contested distribution.
Did the 1993 Judicial Code’s campaign-surplus rule reach funds accumulated before that Code was adopted?
The Committee said Canon 5C(2) applied to campaign surpluses regardless of when they accumulated, while declining to decide conflicts with statutes or other law.
Can lawyers in a firm use a separate letterhead that omits the firm name for certain cases, like collections?
The committee concluded that letterhead omitting the firm's name may mislead recipients about the lawyer's firm affiliation and so violates Rules 7.1 and 7.5; a firm may give a lawyer individual…
Could a public defender who served on a city council defend people arrested by that city’s police?
Arizona Opinion 93-07 concluded that ER 1.7(b) barred the attorney-council member from defending criminal cases involving the city’s police officers, even with the proposed recusal from police…
Could a Vermont lawyer tell a former minor client or probate court that the minor's parents had lost guardianship funds?
Opinion 93-07 says the information learned from the parents in a later representation remained protected, absent their consent after full disclosure or a court order.
Can a lawyer hired by a conservator to sue for the ward also help the conservator fight the ward's petition to dissolve the conservatorship?
The committee concluded that a lawyer who brought an action for the ward at the conservator's direction may also help the conservator oppose the ward's petition to dissolve the conservatorship, so…
Could one public defender office put conflicting juvenile clients in screened divisions?
Arizona Opinion 93-06 treated the public defender office as one firm under ER 1.10, so separate screened divisions could not represent conflicting juvenile clients without effective consent. Some…
Can a law firm co-own with an accounting firm an ancillary business that serves retirement plans and refers legal work back to the firm?
The committee concluded a firm may co-own and refer clients to an ancillary business providing nonlegal services if it complies with Rules 1.7 and 1.8, but not if the business engages in the…
Could a non-testifying trial consultant receive a fixed bonus if litigation succeeded?
Arizona Opinion 93-05 permitted the proposed fixed success bonus for a non-testifying trial consultant, subject to client liability and disclosure, lawyer independence, no prohibited fee sharing or…
Could a Vermont lawyer join lawyers and nonlawyers in a separate dispute resolution business?
Opinion 93-05 permitted the proposed mediation and arbitration business if it provided no legal services and used safeguards separating it from the lawyer's practice. The business was not to handle…
Can a lawyer report a client's debtor's bounced check to the prosecutor after already winning a civil judgment?
The opinion concluded that reporting a dishonored check to the State's Attorney does not violate the rule against using criminal charges to gain a civil advantage when the civil judgment has already…
Can a lawyer give a client's will and trust to the client's power-of-attorney agent without the client's permission?
The committee concluded that while the competent client was alive the lawyer could not disclose the will and trust to the power-of-attorney agent without the client's consent under Rule 1.6; if the…
Could a lawyer charge a contingent fee to collect or enforce support after a divorce decree?
Arizona Opinion 93-04 permitted a contingent fee to collect or enforce child support or spousal maintenance fixed by a divorce decree, subject to ER 1.5 reasonableness and written agreement…
May a Vermont lawyer mail a state-court subpoena to an out-of-state criminal witness knowing the writ is unenforceable there?
Opinion 93-04 rejects using an unenforceable Vermont subpoena to mislead an out-of-state witness into believing attendance is compulsory, finding deception and misuse of court process.
Can a law firm give its bank a list of client accounts receivable without the clients' consent?
The opinion concluded that client fee and billing information may be a client secret, so a firm should obtain client consent before disclosing accounts-receivable records identifying clients to the…
When a public defender becomes a prosecutor, can he discuss or prosecute the cases he handled as a defender?
The committee concluded the former public defender may not discuss cases he worked on with the solicitor's office except as to generally known client information, and must recuse himself from those…
Could a lawyer charge a former client for an extra copy of a file already delivered?
The body of Arizona Opinion 93-03 permitted charging the actual copying cost for an additional file copy after the lawyer had delivered all documents the client was entitled to receive. It…
Could a Vermont divorce lawyer represent the husband while the lawyer’s firm rented a mobile-home space to both spouses?
Opinion 93-03 allowed continued representation after full disclosure and the husband’s informed consent, unless the lawyer’s property interest or information learned could impair loyalty or…
Must a lawyer report another firm's improper client loans, and how should disputed settlement funds be held?
The opinion concluded that reporting is not mandatory under Rule 8.3 unless the lawyer has unprotected actual knowledge of a Rule 8.4(a)(3) or (4) violation; an improper client loan alone is not…
Can a lawyer who, as an elected official, shares the power to appoint a board's members keep representing that board in litigation?
The committee concluded the Rules of Professional Conduct do not prohibit the lawyer from representing a commission whose members he shares the power to appoint, so he may continue representing it,…
Could a lawyer answer an author who relayed a former client’s accusation of misconduct?
Arizona Opinion 93-02 permitted limited ER 1.6(d) disclosure to defend against verified allegations that created a genuine lawyer-client controversy likely to produce legal or disciplinary…
Can a collection lawyer garnish a bank's account for one client when the lawyer also represents that bank in other collection matters?
The opinion concluded that a collection lawyer who garnishes the account of a bank he also represents in unrelated matters has at most a potential conflict; he may proceed if he reasonably believes…
Can a part-time public defender handle a post-conviction case claiming another public defender in the same corporation erred at trial?
The committee concluded that where the part-time public defenders maintain separate offices and do not share employees or cases, they do not form a single firm for purposes of imputed…
Could a lawyer represent customers of a nonlawyer-run eviction service on call?
Arizona Opinion 93-01 rejected the described association with a for-profit eviction service because it failed lawyer supervision and independence requirements and the then-current referral rule; it…
What duties did a Vermont public defender have to existing and new clients during an involuntary unpaid furlough?
Opinion 93-01 required reasonable access or backup representation for existing clients at critical criminal stages despite an unpaid furlough. It did not require a furloughed defender to remain…
Could a lawyer offer clients a bank loan for legal fees under Orange County's 1993 opinion?
The opinion says fee financing is not inherently forbidden but the submitted plan lacked safeguards, including nonrecourse terms, optional note buyback, arbitration, and client confidentiality.
What did Orange County's 1993 opinion say about a lawyer's solicitation letter to an injured child's parents?
The opinion found the sympathy appeal, omitted litigation costs, specialization claim, and unqualified free-consultation claim problematic under former Rule 1-400, while rejecting a prediction…
Can an Illinois lawyer pay to participate in a for-profit telephone or computerized client referral service?
The opinion concluded that a lawyer may not participate in a for-profit computerized telephone referral service, because Rule 7.2(b) permits paying the usual charges only of a not-for-profit…
Can a former lawyer use information from the representation, like surveillance photos, against the ex-client in a later proceeding?
The opinion concluded that under Rules 1.9 and 1.6 a lawyer may not use information relating to a former representation to the ex-client's disadvantage, whenever obtained, except to the extent…
Can a lawyer confer with a judge about the case of the judge's spouse, when the judge has no official role in that case?
The opinion concluded that a lawyer does not violate the ex parte communication rule by conferring with a judge about the case of the judge's spouse, because the judge has only a personal, not an…
Can a lawyer take on a client who was first advised and worked up by a nonlawyer claims-investigation firm?
The opinion concluded that a lawyer does not aid the unauthorized practice of law by merely accepting a client previously served by a nonlawyer claims firm, so long as the lawyer independently…
Can a part-time prosecutor take private civil clients in matters that grow out of criminal cases he prosecuted?
The opinion concluded that it is improper for a part-time assistant state's attorney to simultaneously or later represent civil litigants in matters arising out of the same facts as criminal cases…
If a firm represents prosecutors in a private civil case, can the firm's lawyers still defend criminal cases against those same prosecutors?
The opinion concluded that a firm representing prosecutors in an unrelated civil matter is not per se disqualified from opposing them in criminal cases; because criminal defense is not directly…
Can a lawyer pull names of DUI defendants from court files and mail them solicitation letters?
The opinion concluded that a lawyer may send targeted direct-mail solicitations to a group of people already involved in litigation, such as recently charged DUI defendants, so long as the mailing…
Can a lawyer who practices before the IRS give a tax agent's family discounted fees in exchange for the agent helping the lawyer's career?
The opinion concluded that a lawyer practicing before the IRS may not give reduced fees to an IRS agent's family in exchange for the agent furthering the lawyer's career, because the discount is a…
Can a lawyer suing a former client for unpaid fees act as both advocate and witness, and can a firm colleague handle the case instead?
The opinion concluded that although a lawyer generally should not be both advocate and witness at the same trial, a lawyer's suit to collect fees from a former client is an express exception under…
A lawyer learns from a doctor-client that another lawyer is too senile to practice; can or must the lawyer report it?
The opinion concluded that a lawyer who learns through a privileged communication from a doctor-client that another lawyer is senile and incompetent may not use or reveal that information and has no…
Can a lawyer steer a client to a finance company for a loan to pay the lawyer's fee, and discount the fee in return?
The opinion concluded that a lawyer may ethically help a client obtain a third-party loan to pay fees, because the loan runs between client and lender (not prohibited financial assistance under Rule…
Can a company recommend its own law firm to its employees and arrange a reduced hourly rate for them?
The opinion concluded that an arrangement in which the employer, not the lawyer, recommends the firm to employees at a guaranteed reduced rate conforms to the Rules, because no attorney solicitation…
Can a law firm hire outside solo attorneys hourly to cover court calls and depositions, and must it tell the client?
The opinion concluded that a firm may hire unaffiliated lawyers on an hourly basis to cover motions and depositions if it obtains the client's informed consent to the delegation under Rules 1.1(c)…
Can a defense lawyer represent a client being prosecuted by an assistant DA the lawyer is dating, and is the lawyer's whole firm disqualified?
The opinion concluded a lawyer in a frequent dating relationship with the prosecuting assistant DA may not defend that prosecutor's cases, because client consent cannot cure the conflict in a…
Can a lawyer put advertising materials in an information packet that a car dealer hands to people buying cars?
The opinion concluded a lawyer may place advertising material in a car dealer's information package for car buyers, so long as the ad is not false or misleading, the dealer does not discuss or…
Can a New York law firm form a partnership with a foreign law firm organized as a stock company?
The opinion concluded that a New York law firm may partner with a Swedish law firm organized as a stock company, provided the New York lawyers confirm the Swedish lawyers' training and ethical…
Can a part-time municipal lawyer defend criminal cases in the local court, and can they handle civil matters there?
The opinion concluded that part-time municipal attorneys, whatever their title, may not undertake criminal defense before the courts of the locality they serve, but there is no per se bar on…
Can a parent's lawyer in a custody case question the child without the consent of the child's court-appointed law guardian?
The opinion concluded that a parent's attorney may not communicate with a child for whom the court has appointed a law guardian without the law guardian's consent, because the no-contact rule treats…
Can a lawyer who serves on a town zoning board of appeals represent a personal injury plaintiff suing that town?
The opinion concluded that, absent evidence of improper influence or impaired professional judgment, an attorney-member of a town zoning board of appeals may represent a personal injury plaintiff…
May a California lawyer who successfully defended B against A's lawsuit later represent A in a malpractice action against A's former attorney for losing that lawsuit?
Per California Formal Opinion 1993-133, the committee opined that absent A's lawyer's consent (or termination of that representation), former Rule 2-100 prohibits the lawyer from communicating with…
May a California attorney who serves on a corporation's board accept representation of a client who proposes a transaction with the corporation when the corporation has separate counsel?
Per California Formal Opinion 1993-132, the attorney must observe Rule 2-100's bar on communication with represented persons (recusing from board deliberations on the matter) and is bound by…
Under former California Rule 2-100, may a lawyer counsel her client about the strategy and content of a direct communication the client wishes to have with the opposing party, who is represented by counsel?
Per California Formal Opinion 1993-131, former Rule 2-100 prohibits an attorney from communicating directly or indirectly on the merits with a represented opposing party without that party's…
Under former California rules, may a probate lawyer receive the statutory probate legal fee from the estate and, separately, personal compensation from the executor for performing some of the executor's duties?
Per California Formal Opinion 1993-130, yes, but only if (i) the estate is not paying twice for the same service, (ii) the lawyer obtains the executor's informed written consent, (iii) the agreement…
How many firms can a California 'of counsel' lawyer simultaneously serve, and what conflicts checking is required across those firms?
Per California Formal Opinion 1993-129, there is no fixed numerical limit on 'of counsel' relationships; the limit is qualitative. The relationship must be 'close, personal, continuous, and regular'…
May a California law firm defend the same client a former government prosecutor in the firm investigated, by screening the former prosecutor?
Per California Formal Opinion 1993-128, yes, if the firm effectively screens the former prosecutor from any direct or indirect participation in the defense and the former prosecutor receives no…
Can a lawyer pay a for-profit lawyer referral service, join a network of non-lawyer professionals who refer business to each other, and advertise that network jointly?
The committee concluded all three were unethical under the rules then in effect: paying a for-profit referral service buys recommendations, a cross-referral network with non-lawyers impairs the…
Can a plaintiff's lawyer interview former employees of a corporate defendant without the defense lawyer's consent?
The opinion concluded Rule 4.2 does not prohibit plaintiff's counsel from contacting former employees of a corporate defendant ex parte, because former employees are no longer in a position to bind…
Could a magistrate employ a sister-in-law as a magistrate assistant under the 1993 Code?
West Virginia JIC Opinion 1993-02 concluded that employing the sister-in-law would violate former Canon 3C(4).
When a firm screens a conflicted lawyer, must that lawyer be cut out of the whole fee or only the profit, and does notifying the former client violate the no-contact rule?
The committee concluded that RPC 1.10(e)'s requirement that a screened lawyer be 'apportioned no part of the fee' means only the earnings or profit on the screened matter, not gross fees, so the…
Does a deputy prosecuting attorney have a conflict of interest when the prosecutor's spouse is a county probation officer?
The committee concluded RPC 1.7 applies and that any conflict from the marriage is one the client, the county, could consent to after disclosure, presuming the prosecutor reasonably believed the…
Can a lawyer refer to a co-owner of a professional service corporation as 'my partner' even though they are technically co-shareholders?
The committee concluded that RPC 7.5(d) treats partners and corporate shareholders the same, so there is no violation in a lawyer referring to a co-shareholder as 'my partner.'
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.