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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The lawyer who worked on my client's case before me was later suspended. Can the suspended lawyer or the firm be paid, and can I contact them about the fee?
The panel advised that the suspended attorney may be paid on a quantum meruit basis for the fair value of services rendered before suspension, that successor counsel may pay the fee to either the…
Can I mail a letter to business contacts who are not my clients telling them about pending legislation and urging them to contact legislators?
The panel advised that the proposed letter does not violate the rules on advertising (Rules 7.1-7.5) because its purpose is to inform the public of specific legislation rather than to solicit…
The court denied my motion to withdraw because no new lawyer appeared, and my client told me to stop all work. What are my obligations for the files?
The panel advised that under Rule 1.16(c), when a tribunal orders a lawyer to continue the representation the lawyer must do so notwithstanding good cause to terminate; so even though the client…
My firm used to represent a client in a family-law case. Can we now file a collection complaint against that former client for a different client?
The panel advised that, because the collection matter is not substantially related to the former family-law representation, Rule 1.9(b) permits the firm to file the complaint against the former…
I hold settlement funds and a collection agency claims part of them for a client's hospital bill I am not sure was paid. Can I pay the client, or must I hold the money?
The panel advised that under Rule 1.15(c) the lawyer may refuse to surrender the disputed property to the client without breaching an ethical obligation, and that disbursing to the client would not…
Can my firm ask new personal injury and workers' comp clients to advance money for future costs, keep it in a client account, and draw on it as needed?
The panel advised that the proposed procedure is guided by Rule 1.15 (Safekeeping of Property), and that as long as the firm follows Rule 1.15 precisely, including the deposit procedures in Rule…
My divorce client stopped paying my hourly fees. When can I sue the client for what I am owed?
The panel advised that the attorney must first conclude the representation, either by finishing the litigation (for example by filing the final judgment as a step protecting the client under Rule…
Can a Rhode Island lawyer charge both a contingency fee and a fixed fee for services in the same litigation?
The panel advised that a fixed fee and a contingency fee for the same matter is not inconsistent with the Rules of Professional Conduct if the arrangement conforms to Rule 1.5 and its comments; the…
I am a town solicitor. A town council member and spouse have sued the town in their individual capacities for tax relief. Can I represent the town against them?
The panel advised that no conflict of interest exists, because the town solicitor represents the town and its agencies, not the individual council members, and Rule 1.13(d) requires the lawyer to…
My elderly client, for whom I serve as trustee, now accuses me of misconduct and I doubt her capacity. Can I resign as trustee or return the trust assets to her?
The panel advised that the priority is protecting the client's interest: under Rule 1.14(b) the attorney may seek appointment of a guardian when the client cannot adequately act in her own interest,…
I own stock in a constable-services company and use it for my clients, passing on the cost. Does that violate the conduct rules?
The panel advised that Rule 1.7 governs and the attorney must make full disclosure to clients of the attorney's interest in the constable corporation; if the attorney wishes to refer clients to it,…
I co-own a corporation with a non-client. A new client wants me to act against that co-owner's separate business. May I?
The panel advised that Rule 1.7(b) governs and it could not conclude that the client's informed consent would be sufficient to avoid the conflict, finding the situation fertile with potential…
I'm a volunteer city solicitor. Can I represent a city resident against the State under the Criminal Injuries Compensation Act when the underlying case was a city police prosecution?
The panel advised that under Rule 1.7, on the facts presented, there is no conflict of interest because the city is not a party to the criminal injuries compensation matter; the parties are the…
I share office space with a lawyer who is also a city council member. Does that bar me from practicing before that city's municipal entities?
The panel advised that the described office-sharing arrangement is not a law firm under Rule 7.5 or the Rule 1.10 comment, because the stationery, malpractice insurance, and bank accounts are…
Can I represent a town's school department and at the same time represent other clients in cases against that town's zoning board?
The panel advised that under Rule 1.7 and its comment on enterprises with diverse operations, the school department and the zoning board of review are sufficiently diverse operations that the…
A former client, now an adverse witness, objects to my representing a new client at an administrative hearing, claiming the matters are related. What controls?
The panel could not resolve the parties' conflicting facts but directed the attorney to Rule 1.9: if the matters are not substantially related, Rule 1.9(b) limits use of the former client's…
Could a new circuit judge continue serving as a legal correspondent for a local television station?
West Virginia JIC Opinion 1992-17 said the judge should not continue as a legal correspondent because the role posed dangers under the former ban on comment about pending or impending cases.
Could an incumbent judicial candidate ask court employees to make campaign speeches, or could employees endorse a candidate voluntarily?
West Virginia JIC Opinion 1992-16 forbade a judicial candidate from asking or requiring an employee to attend political functions and speak for the candidate, while recognizing the difficulty of…
In a newspaper directory of many small lawyer ads, can a single prominent disclaimer at the bottom of the page cover all of them, instead of one in each ad?
The opinion concluded that the required advertising disclaimer need not sit inside each individual ad; a single disclaimer displayed prominently across the bottom of a page of multiple lawyer ads…
Can a non-lawyer employer bill its clients for the work of its in-house lawyer without violating the rule against sharing fees with non-lawyers?
The opinion concluded a non-lawyer employer may bill clients for legal work done by its in-house lawyer only if the charge is limited to the employer's actual cost of providing those services; the…
Can a lawyer who is also a notary public notarize documents, such as affidavits and pleadings, for use in legal proceedings in which the lawyer appears as counsel?
The opinion concluded that there is no ethical impediment to a lawyer acting as a notary public and notarizing documents for use in legal proceedings in which the lawyer appears. The earlier…
Can a law firm join a private referral service whose ads call its lawyers 'the best' and that omits the disclosures a lawyer referral service must include?
The opinion concluded that the firm may not participate as described. Rule 2.2(c) lets a lawyer join a private referral service only if its advertisements state that a free list of all participating…
Can a law firm take an assignment of a client's judgment as payment or security for fees while it is still handling the appeal of that judgment?
The opinion concluded that a firm may not take an assignment of a client's judgment while it is conducting the appeal of that judgment, because Rule 5.3(a) bars a lawyer from acquiring a proprietary…
Must a law firm shred its waste paper or obtain guarantees from a recycler before recycling documents that may contain client confidences?
The opinion concluded that Rule 4 requires a lawyer to protect confidential information in waste paper, but does not generally compel any particular disposal method or require shredding. It is…
Can a lawyer who represents a county in appellate and tax matters also sue the county's department of social services on behalf of other clients?
The opinion concluded that the lawyer may take the case against the county's department of social services, but only with the consent of both the county and the new clients. A lawyer generally may…
Must a lawyer report suspected child abuse learned in confidence from clients to social services, despite a statute requiring 'any person' to report?
The opinion concluded that, as an ethical matter, a lawyer is not required to report child abuse learned in confidence from clients, because Rule 4 protects client confidences and nothing in the…
Can a lawyer disclose a client's identity and contagious-disease diagnosis to public health authorities without the client's consent?
The opinion concluded that a lawyer may not reveal a client's identity and contagious-disease infection to public health authorities without the client's consent. Because the information was gained…
If an employee tells a corporation's lawyer that the company committed crimes, must the lawyer confront the client, withdraw, or report it to authorities?
The Committee concluded the lawyer's client is the corporation, so he must report the employee's allegations up to the president and directors under RPC 1.13(b); he need not withdraw unless the…
Can a New Jersey lawyer buy a client's own judgment at a discount?
The Committee held that a lawyer may purchase a client's JUA judgment at a discount, with full RPC 1.8(a) disclosure and written consent, only after judgment has been entered, because the lawyer is…
Can the same lawyer be both the municipal attorney and the municipal prosecutor for the same town?
The Committee held that a municipal attorney may not also serve the same municipality as municipal prosecutor, because the municipal attorney advises the town on matters that may become relevant to…
Can a lawyer interview a former employee of an opposing corporate party ex parte, without going through the company's counsel?
The opinion concluded a lawyer may contact a former employee of an opposing party ex parte, because a former employee cannot bind or speak for the corporation, unless the contact is intended to…
Under former California Rule 4-100, how much of an attorney's personal funds may be kept in a common client trust account to cover bank charges, and may an attorney keep personal funds in the trust account as a buffer against overdrafts?
The opinion concluded that under former Rule 4-100(A)(1), an attorney may keep in a common client trust account personal funds 'reasonably sufficient to pay bank charges,' with the amount tied to…
How long did Opinion 92-446 say the judge should recuse from cases involving a particular law firm?
Opinion 92-446 said the judge should continue recusing from cases involving any member of the identified law firm until January 1993. It withheld the specific facts under the Commission’s…
Must a judge recuse from cases handled by firms representing a brother or spouse in unrelated family matters?
The Committee said no recusal was needed without a special judge-lawyer relationship, but the judge’s attendance at meetings with the spouse’s probate lawyer created a relationship requiring…
If a law firm represents a trade association, can it also take on a client suing one of the association's individual members?
The opinion concluded that the answer turns on whether the individual member is itself a client of the firm: if the member is a client, the firm needs both clients' consent and a reasonable belief…
Does a lawyer violate the rules of professional conduct by entering into a sexual relationship with a client during the representation?
The opinion concluded that, although no Model Rule or Code provision expressly prohibited it, a sexual relationship between lawyer and client during the representation may violate the rules because…
Can a lawyer threaten to bring criminal charges against the opposing party to gain leverage in a civil case, or agree to drop such charges as part of a civil settlement?
The opinion concluded that the Model Rules, unlike the former Code's DR 7-105(A), do not prohibit using the possibility of criminal charges to gain civil relief, provided the criminal matter is…
If a lawyer suspects opposing counsel never told their client about a settlement offer, can the lawyer contact the opposing party directly, or advise their own client to do so?
The opinion concluded that under Model Rule 4.2 a lawyer may not contact the represented opposing party to ask whether a settlement offer was communicated, even if the lawyer seriously doubts that…
In Kentucky, may a lawyer give loans, gifts, or campaign contributions to a judge before whom the lawyer practices?
The opinion concluded a lawyer may not give a judge loans or gifts, may extend ordinary social hospitality, and may contribute to a judicial campaign in a manner consistent with the Code of Judicial…
In Kentucky, did adopting the Rules of Professional Conduct overturn the rule that a prosecutor and the prosecutor's firm cannot try defendants the prosecutor is suing in civil litigation?
No. The opinion concluded the 1990 Rules did not overturn the prior opinions and decisions; a prosecutor still should not try a defendant the prosecutor is embroiled with in civil litigation, and…
Could a judge or judicial candidate serve as a delegate to a major party’s national convention?
West Virginia JIC Opinion 1992-14 said a judge or judicial candidate should not serve as a Democratic or Republican National Convention delegate.
Could county circuit judges hear a challenge to new fees and representation districts affecting them?
Opinion 92-445 disqualified all the county circuit judges because they lived in a district the plaintiffs claimed was underrepresented, in addition to paying the challenged fees. The common fee…
Could a D.C. senior judge perform paid private arbitration while also sitting as a judge?
D.C. Judicial Conduct Opinion No. 3 permitted senior judges to act as private arbitrators under the then-effective Code, but barred arbitration during paid judicial service, on court property, with…
If a client offers to slant testimony for money and won't take it back, can the lawyer tell the court, and can the firm still represent the other parties?
The lawyer may disclose the offer after counseling the seller and urging rectification. The lawyer and firm cannot handle the related tax matter, but may continue representing the corporation and…
Can a judge sentence a criminal defendant to pay money into a school or charitable education program?
The opinion concluded that a judge may not impose sentences requiring criminal defendants to pay money allocated to educational, religious, charitable, fraternal, or civic activities unless the…
Could a North Dakota law firm list family mediation among its advertised services?
The committee found no prohibition in the professional-conduct rules against listing mediation as a firm service. It declined to decide whether other statutes or administrative rules restricted the…
When separate lawyers handle a real estate closing, what form of funds must the purchaser's lawyer use to disburse to the seller's lawyer, and who pays for certified funds?
The committee concluded that the Wet Settlement Act's strict requirements on the form of immediately disbursable funds apply even when purchaser and seller have separate counsel, so disbursement to…
Can a part-time assistant prosecutor share office space with a criminal defense attorney?
The opinion concluded that an assistant county prosecutor in part-time private practice may share or sublet office space from a criminal defense attorney, provided client confidences are protected…
Can a lawyer who is also a farmer advertise legal services in a farming trade magazine using farming experience?
The opinion concluded that a lawyer engaged in both law and farming may place a legal advertisement in a farmers' trade magazine truthfully citing 20 years of farming experience and may list general…
Could a firm collect part of a departed associate's fees on new client matters without work or joint responsibility?
The committee said an employment-contract provision dividing fees on the former associate's new matters violated Rule 1.5(e) where the firm did no work, assumed no joint responsibility, and the…
Is it unethical for a lawyer to secretly tape-record a meeting with a government agency investigating the lawyer's client?
The opinion concluded that a lawyer who taped a meeting attended by the lawyer, his client, and federal-agency representatives investigating the client committed no ethical violation, even without…
Can a California attorney pursuing a client's fee dispute against former counsel threaten to have the client report that counsel to the State Bar to gain an advantage?
The committee concluded that an attorney involved in a fee dispute on a client's behalf against former counsel is subject to disciplinary action if the attorney threatens to have the client present…
Can a lawyer who serves on a bar disciplinary body, or that lawyer's firm, defend another attorney against a disciplinary complaint?
The opinion concludes a lawyer with authority over the disciplinary process (the Committee on Professional Responsibility, Executive Committee, Board of Bar Commissioners, or a Complaint Tribunal)…
Can a lawyer talk to a client about the client's testimony during a recess in the middle of the client's examination?
The opinion concluded it is ethically permissible for a lawyer to speak with a client about the client's testimony during a recess in a civil trial, as long as the lawyer does not counsel or assist…
What must appointed counsel do when a death-sentenced client with a history of mental illness moves to drop his post-conviction petition and be executed?
Formal Ethics Opinion 92-F-129 concluded that appointed counsel for a death-sentenced client who, with a history of mental illness, filed a pro se motion to dismiss his post-conviction petition,…
Must a lawyer hold advanced, retainer, flat, and prepaid fees in trust, and can a retainer be nonrefundable?
Formal Ethics Opinion 92-F-128 concluded that all unearned attorney fees of any kind, including retainer, advanced, general, special, flat, and prepaid fees and advanced costs and expenses, are…
In a workers' compensation case, may the employee's lawyer communicate directly with a claims adjuster employed by the insurance carrier when the carrier is a represented party?
The opinion concluded no; an insurance adjuster is responsible for making or assisting litigation decisions, so the anti-contact rule bars opposing counsel from contacting the adjuster without the…
Does a lawyer have an affirmative duty to report a judge's misconduct to the Judicial Inquiry Commission?
The opinion concluded that under Alabama Rule 8.3(b) a lawyer must reveal unprivileged knowledge of a judge's misconduct only 'upon proper request,' and is not required to make an affirmative report…
Must a judge recuse from cases handled by colleagues of a lawyer representing the judge in the judge’s own lawsuit?
The majority concluded that the judge should recuse from cases involving any lawyer in his own counsel’s five-lawyer firm while his suit was pending and for a reasonable time afterward; it found the…
As an attorney serving on a legislative investigative commission that holds public hearings, does Rule 3.6's trial-publicity limit constrain my conduct?
The panel advised that Rule 3.6 applies to the attorney's conduct as a commission member but does not bar participation in the commission's mandated activities; asking questions at a hearing is not…
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.