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 bill the probate work from an estate hourly while handling or referring the related wrongful-death claim on a contingent or referral-fee basis?
Yes. The opinion concluded the lawyer may bill probate hourly and either handle the wrongful-death claim on contingency, refer it for a share of the successor's fee, or handle the distribution, with…
Can a lawyer advise a client to secretly record a conversation with an unrepresented person to capture an admission?
The committee concluded that, while the legality of secret recording is a question of law beyond its purview, advising a client to start a conversation under possibly false pretenses and secretly…
In a child-support enforcement case, what does a corporation counsel who represents only the state have to tell the parents and child?
The opinion concluded that a corporation counsel or district attorney providing child-support enforcement services under Wis. Stat. § 767.075(2)(a) represents only the state, with no attorney-client…
Can a personal injury lawyer's direct-mail letter say the lawyer can suggest health-care providers to accident victims who have no treating doctor?
The opinion concluded that such advertising is misleading without a caveat. Telling accident victims by targeted direct mail that the lawyer 'can suggest various health-care providers' is misleading…
Can a lawyer use a client's contingent-fee contract or attorney's lien as collateral for the lawyer's own personal loan?
The opinion concluded that under no circumstances may a lawyer use a contingent-fee contract with a client as security for a personal loan to the lawyer. Although SCR 20:1.8(j)(2) permits a…
Can a lawyer help a company market and prepare living trust plans sold to the public by nonlawyer salespeople?
The opinion concluded that a lawyer who participates in a company's marketing of living trust products faces serious problems. Drawing on its earlier Opinion E-90-7, the committee warned of…
Can one lawyer represent both an injured plaintiff and the plaintiff's subrogated health insurer in the same personal injury claim?
The opinion concluded that joint representation may be possible, but only with care, because there are clear potential conflicts. The plaintiff and the subrogated carrier share the goal of…
May a judge remain in a former law firm’s retirement plan and hear cases involving the firm or plan trustee?
The Committee advised the judge not to hear former-firm cases while in its retirement plan, and identified further recusal or financial-dealing issues depending on plan management, trustee status,…
After an insurer overpays a client because of the lawyer's earlier statement, must the lawyer disclose the overpayment or release the refunded money to the client?
The committee concluded the attorney has no duty to disclose to a third party unless disclosure is necessary to prevent the client's fraudulent act, and absent a fraud or crime the attorney must…
Under this rescinded 1992 Nebraska opinion, could a lawyer donate legal services for a nonprofit fundraising auction?
The opinion said no because of referral, publicity, informed-selection, client-acceptance, and competence concerns, but Nebraska Opinion 06-11 rescinded it in 2006.
What files must a law firm turn over to a former client, and who pays the copying costs?
The committee concluded that the firm must surrender originals of client-supplied and client-paid investigatory documents (keeping copies at its own expense), while copying charges for pleadings and…
I investigated a lawsuit as a public agency's investigator, not its lawyer. Now as an attorney elsewhere, can I represent the plaintiffs against that agency?
The panel advised that Rule 1.11(a) plainly bars the attorney from representing a private client in a matter in which the attorney participated as a public officer or employee (even as an…
After an insurer overpays a client because of the lawyer's earlier statement, must the lawyer disclose the overpayment or release the refunded money to the client?
The committee concluded the attorney has no duty to disclose to a third party unless disclosure is necessary to prevent the client's fraudulent act, and absent a fraud or crime the attorney must…
When a client fires a lawyer, who pays to copy the file and which papers can the lawyer keep?
The committee concluded a fired lawyer must deliver the file but may first copy it, charging the client only for copying papers previously provided to the client and papers that do not belong to the…
Can a lawyer who is suing a former client for unpaid fees take a new client whose case is adverse to that same former client?
The committee concluded the lawyer may represent the new client against the former client only if the new matter does not require using information from, or injuriously affecting, the former…
Can a lawyer give another state's bar copies of escrow-account checks to help investigate a different lawyer?
The committee concluded that, absent a court order, releasing copies of escrow-account checks that reveal client information to another state bar without the clients' consent would violate Rule 1.6,…
Can a lawyer mention possible criminal charges against a non-paying contractor while negotiating a civil settlement for unpaid subcontractors?
The committee concluded that under South Carolina's Rule 4.5 lawyers may advise clients of their right to file criminal charges, and may mention possible related charges in settlement only if they…
Can a plaintiff's lawyer contact a corporate defendant's former employees ex parte when those employees' alleged negligence is at issue?
The committee concluded that on these facts the plaintiff's lawyer may not contact the former employees ex parte, because their alleged acts and omissions would be imputed to the corporate defendant…
When could a judicial candidate use a robe, the title judge, or “re-elect” in campaign material?
The committee required accurate identification: incumbents could use robes and title, former judges could disclose past service, and only an elected current incumbent could claim re-election.
Could a Nebraska firm call a part-time lawyer or probationary partner-to-be 'of counsel'?
Yes if the lawyer and firm maintained a close and continuing relationship and the designation was not merely a device for forwarding and receiving legal business.
Can a firm drop one client to take on a long-term client in a matter directly adverse to the dropped client?
The committee concluded that a firm could not cure a concurrent conflict by withdrawing from a current client, over that client's objection, in order to represent a long-term client directly against…
Can a lawyer participate in a prepaid or group legal-services plan where a service organization refers clients and handles the fee?
The committee concluded an employer-paid plan where the employee initiates contact and the organization only refers (situation A) is permissible, but a plan where the organization gathers client…
Can a lawyer who is also a defendant, or who is a title insurance agent, represent other defendants in the same mass land-claim suit?
The committee concluded that, where the defendants' objectives appear identical, a lawyer who is also a defendant, or who serves as a title insurance agent, may represent other defendants under Rule…
Can a lawyer employ a convicted felon to serve process or do investigative work, and what duties apply?
The committee concluded that employing a non-attorney convicted felon for administrative work such as service of process violates no South Carolina Rule, but the lawyer must supervise the assistant…
When a firm sues the sole shareholder of a corporation that a newly hired lawyer once represented, is that a disqualifying conflict?
The committee concluded the answer turns on whether the new lawyer's past representation of the corporation effectively made the sole shareholder a client; if a lawyer-client relationship with the…
When opposing counsel in the same litigation join the same firm, can that firm keep representing one of the parties?
The committee concluded the firm may continue only if the lawyer who represented the other side withdraws, both clients consent after consultation, the firm reasonably believes the continued…
Can a law firm bar a departing associate from advertising on television for three years as a condition of being named in the firm's commercials?
The committee concluded the proposed agreement, which would stop a departing associate from advertising on television in the area for three years, is an indirect restriction on the right to practice…
Can different lawyers in the same public defender office each represent one of several co-defendants in a criminal case?
The committee concluded a public defender office is treated as a law firm, so although there is no per se bar, ordinarily a single lawyer should not represent more than one co-defendant, and under…
Can a South Carolina firm hire a lawyer who was disbarred in another state to do legal research and paralegal work?
The committee concluded the answer is no: under South Carolina Appellate Court Rule 413, paragraph 42, a disbarred, suspended, or resigned attorney may not be employed by a South Carolina lawyer as…
Could a Nebraska lawyer defend a criminal case investigated by the sheriff's department that employed the lawyer's spouse?
Yes if no actual conflict existed, the lawyer fully explained the relationship and its possible effects, and the client consented; written consent was preferred.
Can town counsel who represents a man as estate executor advise the selectmen on revoking that man's liquor license for unpaid taxes?
The committee concluded that representing a sole-beneficiary executor counts as representing him individually, so town counsel could not advise the selectmen on the license revocations affecting…
Is Georgia Formal Advisory Opinion 92-2 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 92-2, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the…
How long must a South Carolina law firm keep a closed client's file, and when may it destroy the contents?
The committee concluded there is no fixed minimum retention period; to the extent the file is the client's property, Rule 1.15 calls for keeping records six years after the representation ends, but…
Can a part-time public defender represent paying criminal defendants in private practice, whether in the same county or another county?
The committee concluded the Rules of Professional Conduct do not prohibit a part-time public defender from representing paying criminal defendants in any county, provided the cases are unrelated to…
Can a South Carolina lawyer advise a client to secretly record a conversation, or recommend a company to supply the recording equipment?
The committee concluded that, depending on how one reads South Carolina case law (chiefly In re Warner), it may be unethical for a lawyer to instruct or equip a client to record a conversation…
When can a part-time county or municipal attorney, or the attorney's firm, represent clients with interests adverse to the local government?
Modifying Opinion 91-05, the committee concluded that where the county or city attorney provided legal services to the specific part of government involved, neither the attorney nor the firm may…
If a court-ordered attorney's fee award is reversed on appeal, must the lawyer who already received and applied it to the client's bill refund it?
The committee concluded the attorney need not repay either the opposing party or the client; once the client directed the voluntarily paid funds to satisfy her fee contract they became the…
Could a Vermont lawyer represent a town in a tax appeal against an existing client from an unrelated case?
Opinion 92-15 found the adverse litigation representation improper when the current client objected, despite the matters being unrelated. It did not decide the lawyer’s separate lister-to-counsel question.
Can a law firm agree to advance all collection costs for a lending-institution client and absorb them out of its percentage fee?
The committee concluded that paying costs out of the fee rather than being reimbursed would give the firm a prohibited financial interest in the cases; reworded so the firm advances costs and the…
Did a Vermont defender’s partner’s friendship with State witnesses bar the defender from a criminal case?
Opinion 92-14 found no automatic Code conflict because the partner’s prior representation was unrelated. It called for disclosure of the friendship and withdrawal if the relationship impaired…
May a Vermont lawyer tell an employer client that an employee called about a possible discrimination claim against it?
Opinion 92-13 bars disclosure of the employee's confidential inquiry to the employer client; it allows later employer representation on the stated facts if no relevant secrets were received from the…
Can a lawyer draft a client's will naming himself personal representative with power to sell the home and bill at his hourly rate, and witness the will?
The committee concluded the lawyer may draft a will naming himself personal representative, with power to sell the home and to charge his regular hourly rate, because the appointment is not a gift…
Could plaintiff’s Vermont firm keep a case after hiring the defendant corporation’s former secretary?
Opinion 92-12 allowed the firm to continue if it prevented case discussions with the secretary and avoided contacting the secretary about the case without defense counsel’s consent.
After a client fires her lawyer, can the lawyer still collect a court-approved attorney's fee directly from the opposing party?
The committee concluded that once the client fired the lawyer, ending the attorney-client relationship, the lawyer may take no further action to enforce the fee provisions on her behalf, and because…
Could a personal injury lawyer buy accident-customer names from a towing-company client and mail them?
Arizona Opinion 92-11 permitted buying the described customer list because the company made no lawyer recommendation, subject to the lawyer-client business-transaction rule. Targeted letters to…
Could a Vermont lawyer defend a police chief in an unrelated suit despite objections by former clients who had disputes with the chief?
Opinion 92-11 permits the new representation because the former clients were not parties and the matters were unrelated, with no prospect of using their protected information.
Can a firm defend abuse and neglect cases brought by a social-services agency when one firm member sits on the agency's board?
The committee concluded the agency is not the firm's client merely because a member serves on its board, but it is a third person to whom Rule 1.7(b) duties run; the firm may take these appointments…
What could lawyers in the Arizona Speakers’ Bureau say or distribute at public seminars?
Arizona Opinion 92-10 allowed factual speaker descriptions, passively available business cards and written materials, a general unpressured consultation offer, and a share of seminar admission fees.…
Must a Vermont lawyer report another attorney's suspected misconduct if the information is a former client's confidence or secret?
Opinion 92-10 holds that the then-current reporting duty did not require disclosure of a client's protected confidence or secret without consent after full disclosure.
Whom did Nebraska Title IV-D child-support lawyers represent under this 1992 opinion: the state or the parent receiving services?
The state only. The opinion required clear early notice and a written acknowledgment that the applicant or recipient was not the client and had no individual confidentiality privilege.
Can an attorney pay a referral fee to the lawyer-co-executor who hired him as the attorney for the estate?
The committee concluded that the attorney could not pay a forwarding fee to the lawyer-co-executor, because the co-executor hired him as a fiduciary rather than as a referring lawyer, making it a…
Is Georgia Formal Advisory Opinion 92-1 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 92-1, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the…
Did a potential labor dispute and witness role require a Maine judge to leave a private school board?
No. The committee found neither board service nor possible testimony automatically required resignation, while identifying separate recusal concerns if the school’s interests came before the judge.
Could the owner of a collection agency later represent its customers as a lawyer in debt suits?
Arizona Opinion 92-09 rejected the described plan because the lawyer-owned collection agency’s advertising and solicitation fed customers into the owner’s law practice and misled them about the…
Could a Vermont lawyer advertise that the lawyer specialized in a practice area?
Opinion 92-09 said the proposed 'specializes in' advertisement violated former DR 2-105 absent the rule's patent, admiralty, or Vermont Supreme Court recognition exceptions. The lawyer could instead…
Can a lawyer who is also a registered nurse run a litigation-consulting business, use a trade name, and advertise as a nurse-attorney?
The committee concluded the lawyer may run the consulting business while in a firm so long as conflicts are managed, but because the business involves the practice of law it is governed by the…
Under Arizona’s former rules, could a firm lease a solo practice during the lawyer’s leave?
Arizona Opinion 92-08 permitted a temporary practice lease only without payment for goodwill or referrals and with each client’s free choice and consent. Arizona Opinion 06-01 says adoption of ER…
Could a public defender's office represent an accused person by blaming former clients for the crime?
Opinion 92-08 required the office to withdraw absent informed former-client consent when the defense would require using former clients' protected information to accuse them of the crime or related…
Can a lawyer who is personally a party (here, a stepfather) contact a represented person directly when the lawyer is not representing a client?
The committee concluded that Rule 4.2 bars a lawyer's contact with a represented person only when the lawyer is acting in the course of representing a client, so a lawyer acting purely as an…
Could a public defender represent one defendant when the office represented an adverse witness and had represented others?
Arizona Opinion 92-07 required withdrawal from both concurrent criminal representations: defending A was directly adverse to the office’s current client B, and former clients C, D, and E were…
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.