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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After a mass disaster, can a lawyer contact victims to offer representation, and what kinds of advertising or mailings are allowed?
The opinion concluded a lawyer may not solicit clients in person or by phone for pecuniary gain, but may advertise in the media and send direct mail labeled as advertising, subject to a bar on…
Can a lawyer take a subrogation case on a contingent fee from an insurer that is financially able to pay by the hour?
Yes. The opinion concluded a lawyer may accept a subrogation case on a contingent fee from a client who wants that arrangement even though able to pay hourly, provided the client is fully informed…
When a third party claims money a lawyer is holding for a client, when must the lawyer honor that claim instead of paying the client?
The opinion concluded a lawyer must honor a third-party claim only if it is a facially valid assignment or a statutory lien brought to the lawyer's attention; if the client tells the lawyer to…
Does the no-contact rule (Rule 4.02) bar a lawyer representing a city employee in a grievance from communicating with other city employees?
The Committee concluded Rule 4.02 applies even when no litigation is pending or contemplated, so the lawyer generally needs the city attorney's consent to contact managerial city employees or those…
What work and file access did the committee allow a suspended lawyer after transferring clients' matters?
The committee permitted supervised paralegal work and certain nonlawyer occupations, but said the suspended lawyer could not do legal work for a corporation. It directed transfer of the entire file…
Can a Michigan lawyer who is also a licensed insurance agent sell insurance to law clients, share an office between the two businesses, and solicit legal work from insurance customers?
The opinion concluded that a lawyer/insurance agent may sell insurance to law clients if the business-transaction, confidentiality, and conflict rules are met, may office-share the two businesses if…
If a lawyer represents several plaintiffs and some want to accept a case-evaluation award while others reject it, can the lawyer keep representing all of them?
The opinion concluded the split creates a conflict, but because it arises from the clients' differing settlement decisions rather than a factual or legal dispute, the clients may waive it; otherwise…
Can a lawyer donate legal services to be auctioned at a charity fundraiser, and on what conditions?
The opinion concluded that a lawyer may donate legal services to a charity or nonprofit to be auctioned to the highest bidder, provided the lawyer is competent in the donated service, the service…
Could a lawyer rely on the client to report another lawyer's conduct, and did the lawyer need to investigate further?
On the stated facts, the committee found a reporting duty that the client's own report would not satisfy. It said Rule 1.6 protected confidential information and the lawyer need not investigate…
Can a lawyer represent settling parties when an adverse third party pays the fee, pays only if the parties settle on the third party's terms, and limits the lawyer to explaining that settlement?
No. The opinion concluded the arrangement is an impermissible conflict because being paid only if the clients settle, and only to explain the third party's proposed settlement, would materially…
I helped on a client's case while working for another lawyer; now that client wants me to sue that lawyer for malpractice. May I take it?
The panel advised that the representation is not per se prohibited because the attorney would represent the same client, so no former-client conflict under Rules 1.9 or 1.10 arises; but the attorney…
A former personal injury client faked his claim and the FBI wants my help prosecuting him. May I assist, or must I keep his information confidential?
The panel advised that Rule 1.6 prohibits the attorney from assisting in the prosecution of the client; the attorney must maintain confidentiality, and if called as a witness must invoke the…
I did title and tax work for someone two years ago; now my bank client wants me to pursue a defaulted loan against him. May I?
The panel advised that Rule 1.9 governs and the attorney cannot continue to represent the lender in the collection matter against the former client unless the former client's informed consent is obtained.
My client insists I withhold settlement money owed to the treating doctor. Can I compel payment, and what are my options?
The panel advised that the attorney may not compel payment of the doctor's outstanding bill from the settlement funds, may move to withdraw under Rule 1.16(b)(3) if the client insists on a course…
Can my law firm list paralegals, legal assistants, and office managers by name on the firm's stationery and office directory?
The panel advised that it is improper to list non-lawyers' names on law firm stationery and the office directory because doing so is itself misleading and can create a false impression of a…
I represent a guardianship estate and found the guardian made fraudulent withdrawals from an incompetent ward's funds. What must I do?
The panel advised that the attorney may not proffer a false accounting and must undertake remedial measures: counsel the guardian to disclose the withdrawals to the ward, and if the guardian…
May I send a letter to other Rhode Island lawyers touting my firm's litigation experience, and do the solicitation rules apply?
The panel advised that a letter directed exclusively to Rhode Island attorneys is permissible if it contains no false or misleading statements and includes the Rule 7.4 specialization disclaimer;…
I unknowingly represented my client's litigation opponent in an unrelated workers' comp claim. May I keep representing my original client against him?
The panel advised that if the two matters are not the same or substantially related, Rule 1.9(a) does not preclude continuing the original representation, but because the attorney may hold…
Must I disclose the existence of an unperfected state medical-services lien to the adverse insurer or the workers' comp court when settling my client's case?
The panel advised that Rule 1.6 bars disclosing the lien to the state agency or the insurer without the client's consent, but Rule 3.3(b) may require disclosure to the court if not disclosing would…
My firm did estate planning for a judge. Can I still appear before that judge?
The panel concluded that the attorney may appear before the judge so long as the appearance does not impact the tribunal's impartiality and does not create an appearance of professional impropriety;…
A judge told all lawyers we must inform the court if a client leaves a court-ordered program. Would disclosing that violate my duty of confidentiality?
The panel concluded that the attorney would not violate Rule 1.6 by disclosing the information if the attorney complied with a final order of a court of competent jurisdiction requiring the…
If a lawyer is disqualified as trial counsel because she will be a witness, can she still handle pre-trial matters and help substitute trial counsel?
The opinion concluded that a lawyer likely to be a necessary witness at trial, though barred from acting as trial counsel under Rule 3.7(a), may represent the client in most pre-trial proceedings…
May a lawyer accept a contingent-fee client referred by an independent nonlawyer paralegal advisor who has a separate contract for 17% of the client's recovery?
The opinion concluded yes on these facts; if the lawyer and the advisor are genuinely independent with no cooperative arrangement, the lawyer's own customary contingent fee is not improper, and…
I hold a condo deposit as escrow agent; my client and the purchaser both claim it. What do I do with the disputed funds?
The panel advised that under Rule 1.15 the attorney may have a duty to protect the purchaser's interest against the client's claim and may refuse to surrender the funds to the client, should keep…
My ad lists my name, address, areas of law, and bar memberships. Does it comply with Rhode Island's advertising rules?
The panel declined to pre-approve the ad but advised that under Rules 7.2 and 7.4 the advertisement must contain no false or misleading statements, and if it indicates the lawyer concentrates in…
Can I hand my client the insurance settlement check when I'm worried the client's later testimony might turn out to be fraudulent?
The panel concluded that the attorney may deliver the check to the client under Rule 1.2(d), because the attorney had no knowledge of and did not assist in any possible fraud and had taken…
I once represented a husband and wife; now the wife is my current client's adversary in a matter about the same property. May I continue?
The panel advised that because the present matter is substantially related to the prior joint representation (both concern the parties' interest in the same real estate), Rule 1.9(a) bars continuing…
Can a law firm let a nonlawyer staff leasing company run debt-consolidation services for its clients under the firm's name?
The opinion concluded no: where the firm neither supervises the nonlawyers' work nor keeps a direct relationship with clients, the arrangement aids the unauthorized practice of law, and it also…
Does a county judge’s spouse working in administrative social services create an ethical conflict?
The Committee found no conflict on the stated facts because the spouse’s planning role had minimal client contact and no county court contact; it said a different role might raise other considerations.
May a judge hear cases handled by other public defenders when the judge’s son works in the same office?
The Committee said recusal was unnecessary in cases handled by the son’s colleagues if the son neither appeared nor had any involvement, absent another factor raising a reasonable impartiality concern.
When a partner moves to a firm on the other side of pending cases, can a screen let the new firm keep those cases, and can the partner keep a financial interest in his old firm's fees?
The committee concluded that a screen could not cure the side-switch conflict, because the former-client rule requires the former clients' consent; absent it, neither the lawyer nor his new firm…
Can a Michigan law firm franchise its trade name to other unaffiliated lawyers who would practice under that single firm name?
The opinion concluded a lawyer may not franchise a firm trade name to other lawyers or firms that are not actually in a partnership or professional corporation relationship with the franchisor,…
Is a lawyer who serves part-time as a state hearing referee disqualified from city-attorney cases involving the same insurer that appears before the referee?
The opinion concluded that the lawyer is not automatically disqualified, provided the lawyer owes no duties to the insurer as assistant city attorney and did not participate personally and…
Can a judge sign a public resolution asking local officials to act on a private employer's plant closing?
The opinion concluded that a judge may not sign a resolution requesting specific action by the mayor and county board over a local employer's business closings, because the resolution is non-neutral…
Does a judge’s relative working as a clerk at a party’s law firm require recusal?
Opinion 92-444 says the employment alone does not require recusal. The judge must assess the relative’s work and any affected interest; mere observation at a deposition followed by discussion with…
Must a judge recuse when a party’s law firm represents the judge in a pending ethics investigation?
Opinion 92-443 required recusal from cases involving any member of the four-lawyer firm on its unusual facts, and said the concern could not be remitted. The official PDF points to Opinion 92-446 on…
When did a D.C. judge's former law-enforcement work or police commander spouse require recusal?
D.C. Judicial Conduct Opinion No. 2 rejected blanket recusal for the judge's former police and prosecutor work or every MPD witness. It called for recusal when an officer under the spouse's First…
May a lawyer pay a marketing company that runs seminars, and how the company is compensated, when attendees also get a private consultation with the lawyer?
The opinion concluded paying the marketer per attendee is permitted as public communication, but paying it based on the number of private consultations the lawyer books violates the rule against…
Can a lawyer let a paralegal do all the client contact, then just draft documents or file pleadings from the paralegal's notes without ever meeting the client?
No. The opinion concluded a lawyer who never meets or speaks with the client and works only from a legal assistant's information fails to exercise the required professional judgment; the lawyer must…
When a paralegal switches firms, can the new firm screen her from a conflicted matter, and does a job-switching lawyer need the former client's consent?
The opinion concluded that when a paralegal moves to a new firm and is personally disqualified from a matter there because of substantially related work at the old firm, the new firm may ordinarily…
When a lawyer sends a settlement check to opposing counsel 'in trust' on the condition that release documents be signed first, is the sending lawyer a client, and what happens if the receiving lawyer breaks the condition?
The opinion concluded that opposing counsel who receives a conditionally delivered settlement check is not the sending lawyer's 'client' under Rule 10.1(b)(4) and owes no accounting. By accepting…
Can a law firm list nonlawyers, such as paralegals, on its letterhead, and does it matter if the nonlawyer is a disbarred lawyer?
The opinion concluded that the Rules of Professional Conduct do not prohibit listing nonlawyers as nonlawyers on law firm letterhead. Rule 2.3(c) bars only listing unlicensed persons as attorneys…
Can a lawyer let a legal assistant decide whether to take a case and represent the client in an administrative proceeding that allows nonlawyer advocates?
The opinion concluded that a legal assistant may appear as an advocate where the law authorizes nonlawyer representation, but the supervising lawyer must decide which cases to accept, exercise…
My client has a mental disability. How do I handle the representation, and when should I seek a guardian?
The panel advised that under Rule 1.14 the attorney should, as far as reasonably possible, maintain a normal client-lawyer relationship with the client; if the client has no guardian or legal…
When a corporation's lawyer prepares a board member for deposition and the member reveals he caused the harm, must the lawyer warn him to get his own counsel and keep what he said confidential?
The committee concluded that the lawyer had to advise the former board president, an unrepresented person whose interests conflicted with the condominium, to seek independent counsel; could not…
Can a Mississippi lawyer participate in a for-profit prepaid legal services plan that pays a set amount per subscriber for defined services?
The opinion concluded a lawyer may participate in a for-profit prepaid legal services plan provided it preserves the lawyer's independent judgment and client confidences, avoids conflicts and…
Can a Mississippi law firm list a former partner who moved out of state as 'of counsel' or 'tax counsel' on its letterhead?
The opinion concluded a firm may list the out-of-state attorney as 'of counsel' if he remains a Mississippi Bar member in good standing with a close, regular, and personal relationship with the…
If a Mississippi lawyer realizes he has been charging an excessive, statute-violating attorney's fee in collection cases, must he correct past judgments and refund overcharges?
The opinion concluded the lawyer must stop charging the excessive fee, amend pending cases, not collect any amount above the statutory fee on unsatisfied judgments, and use reasonable diligence to…
Can an Ohio judge sign a candidate's nominating petition or introduce a partisan candidate at a political dinner?
The opinion concluded that an incumbent judge may sign nominating petitions or declarations of candidacy for judicial and partisan candidates, and may attend a political dinner and be introduced as…
Can an Ohio law firm advertise and run a pay-per-call dial-a-lawyer telephone legal advice service?
The opinion concluded that it is not improper for a law firm to advertise and operate a dial-a-lawyer service offering legal advice by phone for a fee, subject to several disciplinary rules on…
Does an Ohio judge have to recuse when a lawyer who chairs the judge's campaign committee appears before the judge?
The opinion concluded that a judge is not required to disqualify when a lawyer who is the judge's campaign committee co-chairperson, or members of that lawyer's firm, appear before the judge, but…
Does an Ohio lawyer have to return a former client's file on request, and can the lawyer hold the file for unpaid fees?
The opinion concluded that an attorney has an ethical duty to promptly deliver a former client's case files on request, including correspondence, investigatory materials the client paid for,…
Does the no-contact rule apply when a lawyer wants to communicate with a government agency or its employees that are represented by counsel?
The opinion concluded that DR 7-104(A)(1) applies to communications with a government party represented by counsel; a government party is an employee, official, or body with authority to bind or…
Could a judge speak at a college dinner if ticket proceeds would also fund future educational programs?
The Committee said the then-current Canon 5B(2) barred a judge from speaking if even an incidental purpose was to raise a fund for future college programs; it could not decide the event’s actual…
Did one lawyer's conflict disqualify a legal aid organization, and could the affected client consent?
The committee said a legal aid organization could be treated as a firm under Rule 1.10, with a unit-specific inquiry where relevant. Rule 1.10(d) allowed waiver through the affected client's consent…
Can I serve as a party-appointed arbitrator when the lawyer who chose me is someone I've had a prior business relationship with?
The panel concluded that an attorney can serve as an arbitrator even if party-appointed, but cannot communicate with the attorney who appointed the arbitrator, prior to the hearing date, about any…
Could a magistrate hold office in the VFW or American Legion and assist with charitable bingo?
West Virginia JIC Opinion 1992-05 permitted the officer role but barred the magistrate from the organizations’ fundraising activities.
Can a part-time town judge represent private clients before the same town's zoning or planning board, and can the judge's law partners?
The opinion concluded that a part-time judge may not appear before the zoning board of appeals or planning board of the same municipality, but partners and associates are not automatically…
Can a lawyer who is also an agent for a title insurance company represent a public agency and place the agency's title insurance with that company?
The opinion concluded that the lawyer may do so if both the agency and the title company consent after full disclosure, the agency is credited the fees the lawyer receives from the title company, no…
Can an outside lawyer retained as a town's special counsel also represent private clients before the town's planning board or zoning board of appeals?
The opinion concluded that, absent actually differing interests, special counsel retained for a particular matter may represent private clients before the town's planning board or zoning board of…
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.