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 serve as a Selective Service Government Appeals Agent when the role requires protecting both the registrant and the Government?
Yes, but only with clear up-front disclosure. The committee concluded the role is incompatible with an attorney-client relationship, so the lawyer had to tell both the registrant and the Government at…
Can a lawyer who is a part-time associate of the municipal attorney appear as counsel for the town's board of adjustment in litigation the municipal attorney is also handling?
No. The opinion concluded that because the inquirer and the municipal attorney were associated (indirectly if not directly) in the practice of law, and were publicly so perceived, his appearing for th…
Can a lawyer help a client buy a dormant corporation so the client can borrow at an interest rate that would be usurious if lent to an individual?
It depends on the facts. The opinion concluded the question is factual, not ethical: if the corporate borrower is bona fide (formed or used for valid business reasons, not as a cloak to evade the usur…
Can a lawyer taking a government job hand his practice to a firm and become 'of counsel' to it?
Yes, with conditions. The committee concluded a lawyer entering government service could transfer his files and become 'of counsel' to a firm for a fixed retainer, provided he safeguarded client confi…
Can a county attorney's law partner appear before a public board that the county attorney's office advises?
Generally no. The committee concluded a county attorney or assistant cannot have a partner (or even an office-sharer) appear in opposition before the zoning commission they advise, and a frequently-se…
Can a lawyer mail tax information worksheets to clients to help them prepare their income tax returns?
Yes, but only to existing clients. The committee concluded an attorney may mail income-tax information worksheets to people with whom he already has an attorney-client relationship; sending them to an…
Can a lawyer who sued for a tax assessor to settle ownership then represent one of the rival claimants in that suit?
The opinion concluded that a lawyer who, as counsel for a tax assessor, filed a declaratory judgment action to determine which claimant owned property and reviewed the title proof may not then represe…
Can a lawyer represent both a corporation and its principal in consolidated suits where one is plaintiff and the other a defendant?
The opinion concluded that the lawyer could represent both the corporation and the principal in the consolidated litigation if their interests were not actually or potentially differing, informed cons…
Could a lawyer collect legal fees through a bank credit-card plan, validating and depositing the bill for immediate payment?
No, at the time. The opinion concluded that, following the ABA, it would be unprofessional for a lawyer to subscribe to a bank credit-card plan for collecting legal fees, because such plans treat prof…
Can a municipal attorney appear with a municipal official subpoenaed to testify about municipal matters, and can the town pay for it?
Yes, within limits. The opinion concluded that a municipal attorney may represent an official testifying on municipal matters and the town may pay, but he must withdraw and send the official to separa…
Can a municipal attorney foreclose tax sale certificates for private clients in the same municipality he serves?
No. The opinion concluded that the potential conflict inherent in foreclosing private clients' tax sale certificates in the municipality the attorney serves makes such representation improper.
Can a salaried in-house lawyer litigate, file suits, handle agency appeals, and negotiate contracts for the employer corporation?
The opinion concluded that a lawyer employed by a corporation on salary may defend it in litigation, file suit on its behalf, represent it in administrative appeals, and conduct negotiations for it, f…
Can a legal services program have law-student clerks interview prospective clients to screen eligibility and identify the problem?
The opinion concluded that a legal services program may permit law-student clerks to interview prospective clients to determine eligibility and ascertain the general nature of the problem, where the c…
Can a corporation's general counsel set up an office at the company to prepare wills and estate plans for employees who pay their own fees?
No. The opinion concluded the plan violated the Canons of Professional Ethics: it was not protected group legal practice, and it raised an employer intermediary problem (Canon 35), solicitation and ad…
Can a lawyer practice in the criminal and juvenile courts where his mother works as secretary to the county's Chief Probation Officer?
Yes. The opinion concluded that, absent actual misconduct, the mere employment of a close relative in a court-related department does not create enough appearance of impropriety to bar the attorney fr…
Can a lawyer (or his firm) defend an indigent criminal client when the lawyer's brother is an investigator in the prosecutor's office?
It depends on whether the brother is a witness. The opinion concluded the assigned attorney (and his firm) may represent the defendant when the investigator brother will not testify, but it is imprope…
Is it a conflict for a lawyer to represent a municipal planning board when his law partner is the father of the town's mayor?
No. The opinion concluded the representation is proper, reasoning that only actual kinship between the lawyer and the official is proscribed; a relationship as remote as being the partner of the mayor…
Can a municipal judge also act as the attorney for a developer whose land project needs approvals from that same municipality's boards?
No. The opinion concluded that a municipal judge may not represent a developer of land in the municipality he serves when the project depends on actions of the municipal planning and zoning boards, be…
Can the partners of a lawyer who sits on a city police and fire commission represent criminal and traffic defendants in that city?
The opinion concluded they may not, in the cases the commissioner-partner must avoid. No partner may represent criminal or traffic defendants where the partner on the commission would have to abstain;…
Can the law partners of a lawyer who is bargaining agent for a deputy sheriffs' association take criminal defense cases in that county?
The opinion concluded they may. The committee found no inherent conflict that would absolutely foreclose the partners from criminal or juvenile defense work, but the lawyer must advise the client of t…
If a client confides that an item he gave the lawyer as a fee was stolen in a past burglary, must the lawyer give the client's name to police?
The Committee concluded that, on these facts, the attorney is prohibited under Canon 34 from disclosing the client's name or any information about the past crime confided to him; the duty to preserve …
Can one defendant's lawyer interview the other represented co-defendants charged in the same transaction without first getting their lawyers' consent?
The Committee concluded that when three persons are indicted over one transaction and each is represented, the attorney for one may not interview any of the others without the consent of that person's…
Can a lawyer accept 20% of a bail bond premium as a referral fee from the bonding company the lawyer sends clients to?
A divided Committee (6-3) concluded that a lawyer may accept a percentage of the bond premium for a referral only with full disclosure to the client and the client's consent; the bond premium is not a…
Can a lawyer display certificates for, or list, both an LLB and a JD when he earned only one law degree?
The Committee concluded that an attorney who earned only one law degree may not display certificates for both an LLB and a JD, and may not list both when summarizing his academic background, because d…
Must a lawyer accept a court appointment to represent an indigent criminal defendant, and can courts appoint counsel from outside the county or set the compensation?
The committee treated the questions as primarily legal and long settled by the courts, concluding that an attorney is obliged to accept court appointments to represent indigents, that courts may appoi…
When a public defender represents co-defendants in a criminal case, at what point must the lawyer withdraw because of a potential conflict of interest?
The committee concluded that an attorney representing co-defendants in a criminal case should refuse or withdraw from the representation as soon as a potential conflict is recognized, not wait until t…
Can a patent law firm take an additional phone-directory listing under a broader heading, and can it list an employed nonlawyer patent agent's name above the firm name?
The committee concluded that a patent law firm could list only under the segregated 'Patent Lawyers' heading and not also under a broader 'Patent Attorneys and Agents' heading, and that listing an emp…
When the same insurer covers both the plaintiff and the defendant, can the defense lawyer use the plaintiff's statement to the insurer against the plaintiff at trial?
No. The opinion concluded that where both parties are insured by the same company, a lawyer retained by the insurer to defend may not use the plaintiff's statement to the company against the plaintiff…
Can a lawyer hired by an insurer to defend an insured develop facts that would defeat coverage, after telling the insured to get his own lawyer?
No. The opinion concluded that defense counsel retained by a carrier owes the insured undivided fidelity and may not take a position adverse to coverage in the case itself; he must disclose the situat…
Can one attorney represent both the board of adjustment and the planning board of the same municipality?
No. The opinion concluded that an attorney should not represent both boards of the same municipality, because the potential for conflict between them is so inherent in their different statutory duties…
Must a divorce lawyer disclose to the court that his client committed adultery, an affirmative defense, or keep it confidential?
Keep it confidential. The opinion concluded that the duty to preserve a client's confidences requires the lawyer not to disclose facts amounting to an affirmative defense (adultery) in a divorce actio…
When an insurer hires a lawyer to defend its insured, whose interests come first if the insurer and the insured disagree on strategy?
The opinion concluded that a lawyer hired by a liability insurer to defend its insured must represent the insured with undivided fidelity and may not take any position potentially disadvantageous to t…
Can a lawyer supply title insurance policies to a lay-owned company to sell to the public?
The opinion concluded that an attorney may not provide a lay agency with Lawyers' Title Guaranty Fund insurance policies for sale to the public, finding the arrangement violated the rules against prac…
Can a lawyer who represented both buyer and seller later pursue a claim against the former seller-client over documents the lawyer prepared?
The opinion concluded that a lawyer may not participate in asserting a claim against his former client, the seller, in connection with alleged warranties in instruments the lawyer prepared for both pa…
Can a lawyer interview the opposing party about the party's expected testimony without opposing counsel's consent?
The opinion concluded that an attorney may not interview the opposing party about the party's anticipated testimony as a witness except with the consent of the opposing party's attorney.
Can a lender's lawyer charge the borrower or seller for the lender's attorney fees, and does that create a conflict?
The opinion concluded that there is no impropriety in a mortgage company requiring borrowers or fund recipients to bear or contribute to its attorney's fee, but that a party other than the borrower ch…
Can a lawyer who is also an ordained minister display an ordination certificate in the law office?
The opinion concluded that a lawyer who is an ordained minister may display an ordination certificate on his office wall among other certificates, without violating the rules against advertising and s…
Can an assistant county prosecutor represent private plaintiffs in a civil rights suit against a police department in the same county?
No. The opinion concluded it is improper for an assistant county prosecutor to represent private plaintiffs suing a municipality, its police department, and officers in the same county, because of the…
Can a lawyer who shares an office with the municipal attorney represent a developer building and selling homes in that municipality?
No. The opinion concluded that an office associate of the municipal attorney may not represent a developer operating in the municipality that employs the municipal attorney, because the conflict that …
Can a New Jersey lawyer go ahead with a closing when the other party is represented by an out-of-state lawyer or a non-lawyer who is engaged in unauthorized practice?
Yes. The opinion concluded it is not unethical for a New Jersey attorney to continue representing his client even where the other party is represented by someone not authorized to practice law in New …
If a lawyer defending another attorney in a bar disciplinary proceeding learns the client misrepresented material facts to the committee, must the lawyer disclose it, and may the lawyer withdraw?
The committee concluded it is improper for the lawyer to fail to disclose the client's misrepresentation of material facts to the committee, and it is not improper to withdraw from the representation …
Can lawyers form a for-profit business trust that performs and financially backs their title-opinion work and markets title services to the public?
No. The committee concluded the proposed 'Attorney's Title Opinion Fund' would be a lay agency performing legal services for profit and would inevitably act as a feeder for its members' private practi…
Can a law firm represent a client against people it previously represented only in an unrelated routine matter such as a change of name?
Yes, on these facts. The opinion concluded there was no conflict because the firm's prior representation of the now-adverse parties was a routine change-of-name proceeding wholly unrelated to the pres…
Can a part-time assistant municipal attorney represent a builder client operating in the municipality if he discloses the relationship and steps aside from the variance hearing?
No. The opinion concluded it is unethical for an assistant municipal attorney (also zoning board counsel) to represent a builder operating in his municipality, even with disclosure to the board, withd…
Can a lawyer sue a corporation his firm once organized, or one of its principals, in an unrelated matter?
The opinion concluded that a lawyer may represent a plaintiff against a corporation his firm organized, or against a principal, provided the suit is unrelated to the incorporation work and no relevant…
May a lawyer refuse a court appointment to represent an indigent criminal defendant on the ground that his practice is limited to civil matters?
No. The committee concluded that, in a county with no public defender, refusing an appointment because one handles only civil cases is a 'trivial reason' under Canon 4 and is unethical; a lawyer may p…
Can one attorney represent both the driver and the passengers in a suit against another driver, and does it matter if a passenger is the driver's child?
It depends on the passenger. The opinion concluded the attorney may not represent the driver together with passengers who are legally free to sue him (here, an adult sister and a child's friend), even…
Can a town attorney and prosecutor temporarily sit as judge of the same municipal court?
The opinion concluded that an attorney should not sit even temporarily as judge of a court in which he is normally the prosecuting officer, because his role as legal advisor to the arresting officers …
Does a lawyer acting as a title insurance issuing agent improperly solicit by complying with state disclosure regulations?
The opinion concluded that a lawyer serving as a title insurance issuing agent may comply with state regulations requiring disclosure of coverage limits and an offer of owner's coverage, and that doin…
Can a legal aid staff attorney defend a case brought by a plaintiff who is represented by a lawyer serving on the legal aid organization's board of directors?
Yes, provided informed consent is obtained from both litigants and the board of directors is completely removed from the attorney-client relationship between the staff attorney and the defendant.
Can a county attorney defend property owners in a condemnation suit brought by the county school board?
The opinion concluded that a county attorney should not represent defendants in a condemnation suit brought by the Board of Public Instruction, even though he does not represent that board, because of…
Can a lawyer regularly employed by a city board represent private clients before the city's governing board?
The opinion concluded that an attorney employed on a regular basis by a municipality or its boards or commissions should not represent private clients before the governing board of the city.
Can a professional association keep the names of deceased former partners in its firm name?
The opinion concluded that a professional association may include in its name the names of deceased members of a predecessor partnership that were previously part of the partnership name, where local …
Can a legal services organization represent a wife in a divorce when its predecessor office had earlier represented the husband in unrelated matters?
No. The opinion concluded that a legal services corporation and its predecessor are treated like a single law partnership, so the predecessor's prior attorney-client relationship with the husband bars…
Can a lawyer bring a negligence suit against a person he once defended in an unrelated, now-dismissed municipal court case?
Yes. The opinion concluded the attorney may bring the negligence action against a former client where the prior matter (a dismissed assault charge) was entirely unrelated in parties and subject matter…
Can a lawyer contact a juror after the jury is discharged to investigate a possible challenge to the verdict?
The opinion concluded that a lawyer should not contact a discharged juror for any purpose before filing the notice the rule requires, and that the notice should state the basis for challenging the ver…
Can a Florida lawyer represent a layman who wants to run a business that sends lien notices, files lien claims, and brings lien foreclosures for other laymen?
No. The committee concluded that helping a layman set up such a lien-handling service would assist the unauthorized practice of law and improperly involve fee division with, and an intermediary betwee…
After withdrawing from an estate's administrator who defies a distribution order, can the lawyer represent the other heirs against that former-client administrator?
No. The opinion concluded that when the administrator-client refuses to obey the court's distribution order and the lawyer's instructions, the lawyer has grounds to withdraw, but after withdrawing he …
Can a New Jersey firm or lawyer form a partnership with a lawyer admitted only in another state, and how must the letterhead show it?
Yes, with limits. The opinion concluded an interstate partnership is not unethical, but the firm name may not include the name of a lawyer not admitted in New Jersey (even with an explanatory note), a…
May a lawyer (or a partner of a lawyer) who represents a city board appear before other boards or commissions of the same city, and does it matter whether he is paid by retainer or by the case?
The committee concluded that because the board is not autonomous from the city, the conflict-of-interest rule (Canon 6) bars the board's attorney and his partner from representing clients before other…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Persuasive authority: Not binding like court discipline decisions, but state bar formal opinions carry substantial weight.
- 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.