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 own a consumer-loan company that lends to personal-injury plaintiffs, taking assignments of their recoveries, if it never lends to the lawyer's own clients?
The committee concluded that because the company would not lend to the attorney's own clients, the arrangement does not violate Rule 1.8 or Rule 7.2; the lawyer may refer clients to the lender and…
Could a public defender keep A’s case after the office was appointed for adverse witness B but never contacted B?
Arizona Opinion 92-06 conditionally allowed the office to continue defending A because its appointments for B involved no contact or acts of representation; the office still had to assess whether it…
Could a Vermont municipal utility commissioner represent the state agency overseeing the utility’s regulatory setting?
Opinion 92-06 allowed the lawyer to represent the state agency on a transaction outside the utility’s participation after disclosure and consent from both bodies, with recusal from later commission…
Can a lawyer take a contingent fee to collect a property-division award that was already set in a final divorce decree?
The committee concluded a contingent fee is appropriate here because the fee is not contingent on securing a divorce or on the amount of the property settlement, both already fixed by the decree;…
Could lawyers pay printing costs to appear in a union’s discounted-services guide and give union seminars?
Arizona Opinion 92-05 permitted listings in the described union guide and educational visits: members retained a free choice of counsel, the union made no individual recommendations or profit from…
Could a Vermont deputy state’s attorney prosecute a DWI case after witnessing the stop and being called as a witness?
Opinion 92-05 said the deputy should not prosecute a case in which the deputy would testify, but other lawyers in the prosecutor’s office were not automatically disqualified.
Can a lawyer run a divorce mediation business with a nonlawyer out of the law office?
The opinion concluded that a lawyer may operate a divorce mediation business with a nonlawyer and run part of it from the law office, provided the lawyer does not represent either party in the…
Can a lawyer use a CPA to collect tips from the public about an adverse government agency while promising the responders confidentiality?
The committee concluded that whether the promised confidentiality creates an evidentiary privilege is a substantive-law question it could not answer, but it flagged an ethical concern: the lawyer…
Does reporting an impaired lawyer's misappropriation of client funds to a lawyer-assistance program satisfy a lawyer's duty to report misconduct under Rule 8.3(a)?
No. The opinion concluded that the Committee on Legal Ethics is the appropriate professional authority for reporting misconduct under Rule 8.3(a); reporting to the Lawyer Assistance or Lawyer…
Could a law firm give its bank a client receivables list for a line of credit?
Arizona Opinion 92-04 held that client names, fee balances, and account ages were information relating to representation under ER 1.6. A firm could disclose that receivables list to a lender only…
Can a lawyer serve as both general counsel and a board member of the same corporation when shareholders perceive a conflict?
The opinion concluded that a lawyer may serve as both general counsel and board member of a corporation, without violating Rule 1.7(b) or 1.8, where the lawyer fully discloses possible conflicts,…
Can a lawyer who represents the buyer or lender at a real estate closing also act as the agent for the title insurer and keep the commission?
The committee concluded a closing lawyer may normally also serve as the title insurer's agent, but must disclose at the outset any adverse impact on the lawyer's judgment from the agency role or the…
Can a West Virginia lawyer participate in a living-trust marketing program where a nonlawyer franchisee sells the trust, an out-of-state company prepares it, and the lawyer only supervises signing?
No. The opinion concluded that a lawyer who participates in such a living-trust marketing franchise assists a nonlawyer in the unauthorized practice of law and violates Rule 5.5(b), because the…
Could a lawyer represent a current client in arbitration against a corporation the lawyer once represented?
Arizona Opinion 92-03 found no ER 1.9 duty to withdraw on the stated facts: the earlier stock matter and later contract arbitration were not substantially related, and the former client’s…
Could independent Vermont lawyers sharing office expenses appear as associates on one firm's letterhead?
Opinion 92-03 found that calling independent office sharers 'Associates' on a firm's letterhead misrepresented their relationship and violated the former rules. Office sharing itself was generally…
Can a lawyer send litigation correspondence directly to a city's mayor and council members when the city is represented by counsel?
The opinion concluded that a lawyer whose client is being sued by a city would violate Rule 4.2 by communicating directly with the city's represented elected officials about the litigation; the…
Can a lawyer who represented a mother in a custody case later represent a babysitter accused of abusing the child now in the father's custody?
The committee concluded there is no prohibition on the lawyer taking the new representation, provided the babysitter's interests are not materially adverse to the former client's and the lawyer does…
Must a criminal defense lawyer reveal that a client appeared in separate courts under two names?
Arizona Opinion 92-02 said counsel should tell the criminal defendant not to keep using a false name, seek withdrawal without revealing the reason if the client insisted, and, if withdrawal was…
Where could a Vermont lawyer serving as assistant judge practice law, and did the restriction extend to affiliated lawyers?
Opinion 92-02 barred the assistant judge from practicing in the court and chambers where the lawyer sat, extended the restriction to courts where judicial duties created influence or impaired…
What does a lawyer hired by an insurer to defend the insured owe the insured when there is a coverage dispute under a reservation of rights?
The opinion concluded that a lawyer retained by an insurer to defend its insured owes the insured the same duties as if personally retained, including not disclosing to the insurer facts that could…
Does threatening to file criminal charges to win a civil settlement violate the rules, and must the lawyer who receives the threat report it?
The committee concluded that threatening to present criminal charges solely to gain an advantage in a civil matter violates Rule 4.5; whether the receiving lawyer must report it under Rule 8.3(a) is…
Who receives original client file documents when a former lawyer and the client both ask for them?
Arizona Opinion 92-01 said the current lawyer must deliver original documents the client is entitled to because the former lawyer asserted no retaining lien. If a genuine entitlement dispute arises,…
Could a Vermont bank trust officer who was also a lawyer prepare wills or trust documents for the bank’s customers?
Opinion 92-01 concluded the bank trust officer could not represent customers in preparing estate documents because loyalty to the bank would impair independent judgment, regardless of the fee…
Is it improper to threaten criminal prosecution to gain leverage in a civil case, and must opposing counsel report it to the disciplinary commission?
The opinion concluded that a lawyer who, during civil settlement negotiations, threatens to pursue criminal prosecution to gain an advantage violates Rule 1.2(e), but that opposing counsel has no…
If a third party who benefits from legal work offers to pay the bill, does that make them the lawyer's client?
The opinion concluded that a third party who benefits from, and offers to pay for, legal services rendered for a client does not thereby become the lawyer's client or gain a confidential…
Can a government lawyer lead a nonprofit that lobbies the legislature for a law change the lawyer's official client opposes?
The opinion concluded that an assistant state's attorney who is president of a genealogical society may urge the legislature to amend a statute even though the county clerk his office represents…
Can a lawyer who advises an insurer on coverage prosecute a subrogation claim against that insurer's policyholder for a different insurer?
The opinion concluded that a lawyer who represents an insurer on coverage questions may prosecute a subrogation claim against that insurer's policyholder on behalf of a different insurer only with…
Must the lawyer for an estate disclose to the probate court that the guardian took estate money, even under a claim of right?
The opinion concluded that the lawyer for a disabled adult's estate must report to the probate court that the guardian took estate assets, because the guardian (not represented personally) holds no…
Must a lawyer report another lawyer who drafted a will leaving the estate to himself, if the lawyer learned it from a client confidence?
The opinion concluded that the lawyer need not report the other lawyer: information learned through a privileged client confidence is exempt from mandatory reporting, and on these facts the drafting…
Can a part-time Assistant State's Attorney defend criminal cases in a neighboring county?
The opinion concluded that a part-time Assistant State's Attorney who prosecutes in one county may not represent criminal defendants in a contiguous county where a conflict exists, absent…
Can a lawyer tell the opposing party's regular attorney about a settlement offer the insurer's defense lawyer ignored?
The opinion concluded that contacting the adverse party's regular lawyer about the status of the case does not violate Rule 4.2, because that rule bars contacting a represented party, not another…
Can a lawyer tell the press that he reported another lawyer to the disciplinary commission and describe the alleged misconduct?
The opinion concluded that an attorney may tell the news media about reporting another lawyer to the ARDC and describe the alleged misconduct, so long as the statements do not pose a serious and…
Can a lawyer take landlord-tenant work referred through a real estate brokers' association?
The opinion concluded that a lawyer may represent property owners (or their agent-managers) through a real estate brokers' association, provided the agents are authorized to employ counsel, there is…
Can two assistant public defenders who share an office, secretary, and investigators represent the opposing parent and child in an abuse case?
The opinion concluded that it is improper for two assistant public defenders who share a common office, secretary, and investigators to be required to represent the directly opposed parent and child…
Can a lawyer pay a withdrawn prior attorney's lien out of settlement funds when the client objects?
The opinion concluded that a lawyer may not pay settlement proceeds to the client's prior attorney over the client's objection; the disputed amount must be kept separate under Rule 1.15(c) until the…
Can a law firm join a prepaid legal services plan where a third party pays the firm and markets the service to subscribers?
The opinion concluded that a law firm does not violate the Rules by joining a prepaid legal services program in which a third party pays the firm to give legal advice to subscribers and markets the…
After a client dies, can the lawyer disclose the client's confidential statements to police investigating the death, or must the lawyer keep asserting the privilege?
The committee concluded the lawyer must continue to assert the deceased client's privilege until either a court-appointed personal representative makes an informed waiver after consultation, or a…
What concerns did the committee identify for a lawyer's proposed combined real estate brokerage and law practice?
The committee expressed concern that the proposed combined corporation might violate the conduct rules, citing the lawyer's own-interest conflicts and Rule 5.4's limits on fee sharing and nonlawyer…
Could a magistrate contribute to a county party executive committee?
West Virginia JIC Opinion 1992-15 permitted the contribution under former Canon 7A(2) if the amount complied with statute.
When a criminal defense lawyer has been relieved by successor appellate counsel, what must the former trial lawyer turn over and what must she discuss, including questions touching on potentially ineffective assistance?
Per California Formal Opinion 1992-127, trial counsel must turn over the entire client file (correspondence, pleadings, transcripts, exhibits, expert reports, and work product) and must volunteer…
May California lawyers organize or participate in a temporary employment agency that places contract attorneys with law firms, and how should fees and screening be structured?
Per California Formal Opinion 1992-126, yes, lawyers may organize or participate in such an agency provided they monitor for and address breach of confidentiality, conflicts of interest,…
Can a lawyer arrange for real estate brokers to steer title-company closing work to the lawyer in exchange for the lawyer giving the brokers free legal advice?
The committee concluded the arrangement is not ethical, because giving the broker free services in exchange for directing closing work is paying for recommendations, and the lawyer cannot give buyer…
Can a separate prepaid legal services company promote its plan to employers and list panel attorneys without violating the lawyer advertising rules?
The committee concluded the prepaid plan is a legal-fee insurance plan, not the practice of law, so its promotion, employer contacts, trade name, and panel lists do not violate RPC 7.1 through 7.5,…
What rules apply when a lawyer also practices another profession, such as accounting, with the same clients?
The committee concluded a lawyer serving in a dual capacity, as a lawyer and in another discipline such as CPA, must comply with RPC 1.8 and Formal Opinion 187.
Can an estate's lawyer disclose that the deceased client appears to have hidden assets to obtain free hospital care?
The information is not the deceased client's confidence because the lawyer learned it after death; it is the personal representative's confidence, and RPC 1.6(c) permits disclosing a court-appointed…
Can a lawyer advertise on an adoption agency's pamphlet and describe himself as an 'adoption attorney'?
The lawyer may place his name on the pamphlet if he pays only the reasonable advertising cost (RPC 7.2(c)), but 'adoption attorney' violates RPC 7.4 by implying he is a specialist unless used with…
Can a lawyer run an ad headed 'public notice' that is brief on the details?
The committee concluded the advertisement violated RPC 7.1 because the 'public notice' caption implied an official or governmental notice, and its brevity omitted facts needed to keep it from being…
Under a screening setup, how must a firm handle the screened lawyer's fee share, and does the required notice to the former client violate the no-contact rule?
A screened associate may draw a regular salary but no case-based bonus; a screened partner must be kept out of the case income through documented accounting; and the RPC 1.10(b) notice does not…
After leaving government, can a lawyer use public information about an expert witness that the lawyer learned on the government job?
The committee concluded that nothing in the Rules of Professional Conduct prohibits a lawyer from using public information about an expert witness that the lawyer learned while employed by a…
If a lawyer learns a client made false statements to a court, may the lawyer disclose them?
The committee concluded RPC 1.6 prohibits the lawyer from disclosing the client's false statements, but the lawyer may disclose what is necessary for self-defense if later accused of fraudulent…
When a criminal defense client hands the lawyer possible physical evidence, must the lawyer open it and turn it over to the prosecutor?
The committee said it lacked enough facts to answer, but concluded the lawyer's conduct would be governed by RPC 3.4(a) and RPC 4.4 and directed the lawyer to those rules for guidance.
Can a prosecutor handle matters in a court where his spouse serves as judge, and what steps avoid a conflict?
The committee concluded the proposed steps were appropriate: the prosecutor's practice involved only search-warrant approvals, and his spouse would not review any warrants he had approved, with no…
Can a person use the business-card title 'Japanese Legal Consultant' in Washington?
The committee concluded that, after the adoption of Admission to Practice Rule 14 on foreign law consultants, using 'Japanese Legal Consultant' would be misleading because it implies the person…
Can a lawyer directly contact the insurer of an adverse party who is represented by counsel?
The committee concluded a lawyer should treat the adverse party's insurer as a represented party for purposes of the RPC 4.2 communication rule.
Can a lawyer send direct-mail solicitations to elderly residents of residential health care facilities?
The committee concluded such direct mail is permitted by RPC 7.3 if it is not false or misleading (RPC 7.1), does not interfere with an existing lawyer-client relationship (RPC 4.2), and does not…
Can a lawyer join a credit bureau that requires reporting clients' unpaid fees?
The committee concluded that joining the credit bureau would not be directly related to collecting the fee, so RPC 1.6 prohibits disclosing the client information the membership would require.
Can a lawyer give client information to another lawyer hired to collect a delinquent fee?
The committee concluded RPC 1.6 permits disclosure of client information to a collection lawyer if the lawyer reasonably believes it necessary to establish or collect a claim against the client.
Can a lawyer run a law practice and a separate public-adjusting business at the same time, and what must the lawyer do to keep them proper?
The committee concluded the lawyer may maintain both businesses if they are kept separate enough not to appear related, and if RPC 7.2, 5.4, 5.5, and 1.6 are observed, including making clear when an…
Can lawyers in a firm sue the city when one of the firm's lawyers serves on that city's council?
The committee concluded RPC 1.7(b) applies, but it lacked the facts to decide whether the conflict could be waived under RPC 1.7(b)(2), and on the limited facts was skeptical that it could.
Can a firm keep a named principal's name in the firm name when that lawyer practices law independently of the firm?
The committee concluded RPC 7.5(b) would not permit a firm to include in its name the name of a lawyer who practices law independent of the firm.
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.