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 law firm accept client referrals from a public-interest nonprofit that the firm supports with tax-deductible contributions?
The committee concluded that, assuming there is no direct tie between the contributions and the referrals, nothing in the Rules of Professional Conduct would prohibit the firm from accepting such…
Can a lawyer share offices with a living-trust marketer who steers buyers to the lawyer and is paid weekly based on how many trusts the lawyer reviews?
The committee concluded the arrangement would violate RPC 5.4(a) and (b) by sharing fees and forming a partnership with a nonlawyer, and RPC 7.2(c) by paying the marketer for recommending the…
Must a judicial candidate resign a local elected post, and can the candidate take political positions during a judicial campaign?
The committee concluded Canon 7(A)(3) applies only to incumbent judges, so a candidate serving on a sewer commission or school board need not resign; a candidate should not express opinions on…
Can a lawyer also run a private investigation business, and what duties carry over from the lawyer role?
A lawyer may run a separate investigation business, but must tell investigation clients he is not acting as their lawyer and that confidentiality may not apply; RPC 1.8, 7.3, and conduct rules like…
In a workers' compensation appeal, must the lawyer pursue new issues raised by an agreed medical examination that the appeal did not directly cover?
The committee concluded that whether the lawyer may pursue issues raised by the examining physician is primarily a question of law turning on the parties' agreement; a lawyer who acts in good faith…
Can a lawyer take a will contest on a contingent fee and represent two clients in the same contest?
Nothing in the rules bars a contingent fee in a will contest, and a lawyer may represent two parties in the same contest absent a present conflict, but must advise the clients about potential future…
If a lawyer notices a client has alcohol on his breath in court, may the lawyer tell the judge?
The committee concluded RPC 1.6 prohibits the lawyer from disclosing the client's apparent intoxication to the court, assuming no misrepresentations are otherwise being made to the court.
Can a law firm mail seminar invitations to non-clients and follow up by phone without violating the solicitation rule?
The firm may send written seminar invitations to clients and non-clients and may make follow-up calls to non-clients, but may not telephone non-clients or seminar attendees to solicit legal business…
Can two lawyers who are not partners or shareholders practice under a joint firm name connecting their last names with 'and'?
The committee concluded that two lawyers who are neither partners nor shareholders cannot use a joint firm name connecting their last names with 'and'; doing so violates RPC 7.5(b).
If a lawyer promises a creditor to pay a client's debt out of settlement proceeds, must the lawyer honor that promise?
The committee concluded the lawyer was ethically obligated to pay the creditor's debt from the mother's settlement, given the lawyer's written promise to do so, based on RPC 4.3 and 4.4 and Formal…
Can a lawyer consult for a living-trust marketing company and take client referrals from its nonlawyer agents?
The committee concluded the proposed arrangement might violate several rules: RPC 5.3(c), 5.4(a)-(c), 5.5(b), 7.2(c), and 7.3(a), covering supervision of nonlawyers, fee sharing and partnership with…
Must a lawyer serving as an arbitrator recuse when the lawyer has a pending civil case against an attorney representing a party in the arbitration?
The committee concluded the Rules of Professional Conduct do not address this situation; because the lawyer is acting in a quasi-judicial capacity, the question belongs to the Judicial Ethics…
After ceasing to represent the husband, can a lawyer continue representing the wife in a car-crash case?
The committee concluded RPC 1.7 permits the lawyer to continue representing the wife, provided the lawyer has the written consent of both the husband and the wife.
Can a lawyer who changed firms represent a client against a party that the lawyer's former firm represents, if the lawyer never worked on that matter?
The committee concluded there is no rule violation where the lawyer holds no secrets or confidences of the former client, but the lawyer carries the burden of showing compliance if the former client…
When partners fight over who gets the partnership's files, how does a lawyer decide whose files they are?
The committee declined to opine because the threshold question, who the client is, is a legal question it cannot answer; once the client is identified, WSBA Formal Opinion 181 resolves the file dispute.
Can a Washington lawyer waive an absent juvenile client's speedy trial right when the client has never made contact?
The lawyer must consult the client if possible; if the client never made contact and is absent, the lawyer must ask the court whether the client received notice to appear, and if so may use best…
Can a Washington lawyer share office space with a nonlawyer and accept client referrals from that nonlawyer?
The committee concluded a lawyer may share office space with a nonlawyer if the public is not misled into thinking they are partners, and may accept referrals if the lawyer keeps independent…
Can a Washington lawyer be hired by a credit-services company to help its customers challenge items on their credit reports?
The committee concluded that a lawyer doing this legal work for the company would involve the practice of law, the company would be practicing law by joining with the lawyer, and the arrangement…
Can one Washington lawyer simultaneously serve in private practice, as a city attorney, as a coroner, and take indigent criminal appeals?
The committee concluded that holding all of those roles presents conflicts of interest and is allowed only if the lawyer can satisfy RPC 1.7(a), which it seriously doubted was possible under the…
Can a Washington lawyer employ a nonlawyer as a lobbyist, include the nonlawyer in a profit-sharing retirement plan, and let the nonlawyer hold stock in the law practice?
A lawyer may employ a nonlawyer lobbyist with proper supervision and include the nonlawyer in a profit-sharing retirement plan, but a nonlawyer may not own stock in a corporation that practices law.
Can a Washington lawyer publish a newspaper column that provides general legal information to the public?
The committee concluded that a general legal-information advertising column is permissible if it complies with the relevant portions of Title 7 of the Rules of Professional Conduct.
Can a part-time, hourly-paid lawyer be described as 'of counsel' to a law firm?
The committee concluded that, pursuant to WSBA Formal Opinion 178, 'of counsel' would be an appropriate term to describe the lawyer's part-time, hourly-paid relationship with the law firm.
If a public defender's spouse works for the City Attorney, can the public defender handle cases against the City, and is the whole office disqualified?
The committee concluded RPC 1.8(i) barred the lawyer from representing a party in a matter in which the spouse represented the City absent the client's consent after consultation about the…
If a lawyer is hired by a nonprofit to give its members basic legal advice, can the lawyer take on related matters for those members for a fee?
The committee concluded that nothing in the rules would prohibit the lawyer from undertaking such fee-paid representation of the members on related matters, provided the lawyer otherwise complied…
Can a corporation's lawyer contact a government agency's regional administrator directly during a possible enforcement proceeding, or must it go through the agency's counsel?
The committee was of the opinion that RPC 4.2 authorizes contacting a government official even when represented by counsel where the contact is authorized by law, but the committee cannot opine on…
Can a prosecutor whose office also serves as county corporation counsel sue two county commissioners for holding incompatible offices?
Yes. The opinion concluded there is no conflict because the prosecutor's office represents the county as an entity, not the individual commissioners, so the prosecutor, and the whole office, may…
When a lawyer jointly represents doctors and their professional corporation in a malpractice case and learns one client may have done the wrongdoing, must the lawyer withdraw, and can the lawyer report it?
Once the clients' interests become directly adverse, the lawyer must withdraw from representing all of them, and may not report the doctors to medical regulators or prosecutors without client consent.
Can a lawyer who becomes a full-time administrative hearing officer keep a private law practice and stay on the firm letterhead?
The opinion concluded that, unlike a judge, a lawyer who becomes a full-time administrative hearing officer is not per se barred from private practice, subject to conflict and confidentiality rules,…
When did a D.C. judicial clerk's job search require exclusion from a prospective employer's cases?
D.C. Judicial Conduct Opinion No. 1 set the interview invitation or unrefused job offer as the trigger for its clerk-disqualification guidelines. It excluded the clerk from the prospective…
Can a sole remaining lawyer keep using the old multi-name partnership name after the other partners die or leave?
The opinion concluded that a lawyer whose partners have all died, retired, or otherwise left is not precluded from continuing to use the former partnership name, absent reason to believe that…
Can a legal services lawyer let a funding agency inspect case logs that contain client confidences?
The opinion concluded that attorneys at a legal services support center had to refuse to let a funding agency's representatives inspect logs and notes containing clients' confidences and secrets,…
Must a judge recuse from a civil case involving the lawyer defending a former secretary accused of taking the judge’s funds?
The Commission required recusal in the described civil case because the former secretary’s defense lawyer represented one party and the judge’s own lawyer’s firm represented the other. It said this…
Can a New York lawyer mail copies of newspaper articles about the lawyer directly to accident victims along with a letter offering legal services?
The opinion concluded that a lawyer may send a targeted direct-mail letter enclosing newspaper articles about the lawyer to potential clients, provided the mailing comports with the advertising…
When a lawyer withdraws, must the lawyer pay to mail the client's file, or is making it available for pickup at the office enough?
The opinion concluded that making the file available for pickup at the office ordinarily satisfies the duty to deliver; if the client will not pick it up, the client bears the cost of mailing or…
My client has gone silent and the statute of limitations is about to run. What should I do?
The panel advised that the attorney should continue efforts to locate the client, perhaps by a personal visit to the last known address, and file suit as a last resort to protect the client before…
Can a lawyer serve as counsel to a municipal housing agency while an associate in the firm sits on the same town's council?
The Committee concluded that as long as the inquirer's associate serves on the municipal council and remains part of the firm, an appearance of impropriety bars the inquirer from serving as counsel…
Can a municipal attorney represent individual town council members in their own private legal matters?
The Committee concluded a municipal attorney may represent a governing-body member in a private matter only if the member's and the municipality's interests are not intertwined; it is barred if the…
Can a judge let their name appear on a list of supporters endorsing a candidate for bar association office?
The opinion concluded that a judge should not endorse a candidate for elective bar association office by allowing the judge's name, with or without a judicial designation, to appear on a list of…
Must the clerk and deputy clerk of the Ohio Court of Claims file annual financial disclosure statements?
The opinion concluded that the clerk and deputy clerk of the Court of Claims are not required by R.C. 102.02 to file annual financial disclosure statements, but must file them under Canon 6(C) and…
Can a judge help organize and advise a business joint venture and introduce its potential customers?
The opinion concluded that a judge's active involvement in advising, planning, and organizing a proposed joint venture, and introducing potential clients and businesses to each other, would fall…
Can a lawyer write to a business to offer to represent it or to be hired as in-house counsel?
The opinion concluded that an attorney may contact, by mail, an officer or manager of a business to offer general representation (where the business routinely uses lawyers) or to propose being hired…
Can a full-time judge prosecute patent applications before the U.S. Patent and Trademark Office?
The opinion concluded that preparing, filing, and prosecuting patent applications before the U.S. Patent and Trademark Office is the practice of law, so full-time judges of any Ohio court of record…
Can a Mississippi lawyer who drafted a client's will keep representing the executrix in a will contest where the lawyer may be called as a witness?
The opinion concluded the lawyer may continue when there is no substantial conflict between the lawyer's testimony and the client's and disqualification would work substantial hardship on the…
Can a Mississippi law firm's partnership agreement reduce a withdrawing partner's payout only if he agrees not to compete in the practice of law?
The opinion concluded that a covenant tying a departing partner's recovery from his capital account to a promise not to engage in the private practice of law in competition with the firm violates…
In a collection case, can I deduct the collection agency's disputed fee from the creditor's proceeds, and how should I handle the money?
The panel concluded that the attorney cannot deduct the collection agency's fee from the amount the creditor is entitled to receive, and that the total amount collected and due the creditor should…
A director of a state agency is suing the agency in his individual capacity. Does the agency's counsel have to withdraw?
The panel concluded that counsel's withdrawal would not cure the conflict created by the director being on both sides; instead, another government officer not subject to the director's authority…
Judgment was entered and my client filed a pro se appeal. Do I still represent the client?
The panel concluded that the attorney no longer has an obligation to the client, but under the comments to Rule 1.16 the attorney should take all reasonable steps to mitigate the consequences of…
I represented the City Council in negotiations with the Mayor. Can I keep representing clients with claims against the city, even on unrelated matters?
The panel concluded that because the City Council is integrally involved in matters concerning the city, the attorney should obtain the consent of all involved parties under Rule 1.7 before…
Can I charge a contingent fee to collect child support arrearages, or to get an increase in child support?
The panel concluded that a contingent fee is proper for collecting established child-support arrearages that are due, but improper when the objective is to obtain increased child support, citing…
I need to tell a client my firm won't represent them, but there's no pending case and my certified and first-class mail came back address unknown. Have I done enough?
The panel concluded that, where the firm sent notice by both certified mail (return receipt requested) and first-class mail and both were returned 'Address Unknown,' the attorney has satisfied the…
An employee of my client admitted lying in a deposition. What am I required to do?
The panel advised that under Rule 3.3 the attorney should first encourage the client to persuade the employee to come forward and correct the false testimony, and if the employee refuses, the…
If a lawyer represents two different clients in unrelated cases that end up consolidated on appeal with directly opposing positions, can the lawyer keep representing either of them?
When the two clients' positions are diametrically opposed and advocating for one necessarily harms the other in the same consolidated proceeding, the lawyer must withdraw from both representations;…
Can a lawyer use what was learned representing a former client to help a new client pursue claims against that former client, and what should the lawyer do if subpoenaed for the information?
Without the former client's consent, the lawyer may not disclose or use the former client's confidences to help a new client against them, and on a subpoena should appear, assert the privilege, and…
How did the Committee address a judge’s bank board seat and judicial matters involving relatives?
Under the then-current Code, the Committee allowed bank advisory-board service subject to conflict limits, required disqualification from matters involving the judge’s brother-in-law or brother, and…
May a judge personally solicit public donations for a legal association’s event?
The Committee said a judge could help plan fundraising and suggest donors but could not personally solicit public donations, including by telephone, letter, or private approach to a single donor.
Does a D.C. lawyer violate Rule 9.1 by discriminating in employment outside D.C. where that conduct is legal?
The opinion concluded that a D.C. Bar member working in Virginia for a legal defense organization did not violate Rule 9.1 by participating in employment decisions in Virginia and Maryland that…
If a criminal defense lawyer becomes reasonably certain that the specific cash a client paid as a fee is the actual bills used in the crime, must the lawyer turn that cash over to law enforcement?
The committee concluded that an attorney who believes with reasonable certainty that specific cash received as a fee is the actual money used in the crime must turn that cash over to law enforcement…
Can an Alabama lawyer pay to join a for-profit attorney referral hotline that runs TV ads and routes callers to the lawyer?
The opinion concluded Alabama lawyers may not participate in the 'Attorney Hotline,' a for-profit referral service, because paying it for the referrals it generates (not merely for advertising)…
Can a Michigan law firm list a nonlawyer employee (a former judge now working as an appraiser) on its letterhead, business cards, sign, phone listing, and advertisements?
The opinion concluded that a firm may include a nonlawyer employee on letterhead and business cards if the communication clearly shows the person is not a lawyer, and may announce the hire on the…
May a lawyer file a class action against a government agency when a different agency of the same government paid the lawyer's fees for the class representatives' related matters?
The opinion concluded yes; the class representatives, not the paying agency, are the clients, so there is no conflict as long as the payor does not direct the lawyer's judgment and the payment is…
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.