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 former assistant city attorney represent a private client in a zoning matter involving that city?
The opinion concluded that a former assistant city attorney who performed no services for three years, formalized his withdrawal with the council, and gained no information adverse to the city may rep…
Can a lawyer join a local volunteer ambulance corps or similar civic group?
Yes. The opinion concluded it is proper for an attorney to join a local volunteer ambulance corps, so long as the participation is not used to advertise for or solicit clients, directly or indirectly.
Can a former workers' compensation judge represent the insurance carrier against a claimant whose earlier claim he decided as a judge?
No. The opinion concluded that a lawyer who, as a workers' compensation judge, decided an earlier claim for the same claimant may not later represent the carrier against that claimant, because Canon 3…
Can a law firm represent both a condominium developer and the residents' association the developer controls?
The opinion concluded that a firm may represent both a condominium developer and a residents' association temporarily controlled by the developer, absent antagonistic interests, provided the protectio…
Can a partner who leaves a firm take the client files he worked on with him?
The opinion concluded that, absent a controlling partnership agreement, the continuing firm's consent, or client instructions, a withdrawing partner has no right to remove from the firm's premises fil…
Can a workers' compensation lawyer withdraw before an appeal because the appellate fee is too low?
The opinion concluded that withdrawing from a compensation case when appeal is appropriate, solely because the appellate fee is inadequate, would be unethical unless the lawyer had a clear limited-sco…
Can a lawyer be the planning board attorney when a partner in his firm is the attorney for the same municipality?
No. The opinion concluded it is unethical for an attorney to serve as planning board counsel where a partner in his firm is the municipal attorney for the same municipality, because the municipal-atto…
Can a lawyer who appears as a guest panelist on a TV legal-information show answer specific legal questions from the audience, and accept a viewer as a client afterward?
No. The opinion concluded that answering particular legal questions from audience members on a television program violates the Canons on advertising, intermediaries, and publications, and that accepti…
Is a non-compete clause in a law partnership agreement that bars a departing partner from practicing in the county ethical?
No. The opinion concluded that a restrictive covenant in a law partnership agreement (here, barring a withdrawing partner from practicing in the county for five years) is improper and unethical, becau…
Can a lawyer charge interest on a note for the unpaid balance of an agreed fee?
The opinion concluded that a note evidencing the balance of an agreed fee may bear interest, provided the rate is lawful and comparable to what a lending institution would charge the client.
If an adverse party demands a lawyer's correspondence with his client, can the lawyer hand it over without the client's consent, and is the client's silence consent?
No. The opinion concluded the client's silence is not consent, and absent client consent or a court order it is improper to turn over attorney-client correspondence even under a subpoena; the lawyer m…
Can a lawyer send a debtor a demand letter that encloses a copy of the summons and complaint the lawyer says will be filed if the debt is not paid?
No. The opinion concluded that enclosing a form of summons and complaint with a demand letter is in bad taste and professionally improper, because a person unfamiliar with legal papers might be led to…
Does a U.S. Supreme Court decision on the unauthorized practice of law change the ethics rules for a lawyer employed by a manufacturers' association to represent its members?
No. The opinion concluded that the Supreme Court's decision in United Mine Workers v. Illinois Bar Association concerned the unauthorized practice of law, a separate question from the ethics of an ass…
How must a law firm organized as a professional association tell clients about its corporate form, and can a nonlawyer retirement plan be funded from firm profits?
The opinion concluded that including 'Professional Association,' 'P.A.,' or 'Chartered' in the firm name gives clients adequate notice of the corporate form, that a fictitious name is acceptable if th…
Can one lawyer serve at the same time as both public defender and county prosecutor?
The opinion concluded that an attorney may not simultaneously serve as a Public Defender and a County Prosecuting Attorney, because the two positions fundamentally conflict under Canon 6.
Can a lawyer defend someone in a criminal case while suing that same person in an unrelated civil case, if everyone consents?
The opinion concluded that it would not be proper for an attorney to defend a criminal defendant while simultaneously representing a personal injury plaintiff in an unrelated civil suit against that s…
Can a former State Bar president use that title when publicly endorsing a political candidate?
The committee declined to rule on the conduct, citing its policy against opining on past or present conduct outside a grievance referral, but it recommended (and the Board adopted) a policy against an…
Can a lawyer contribute to the re-election campaign of a sitting judge?
The opinion concluded that a lawyer may contribute to a judge's re-election campaign, provided the contribution is not to influence the judge; it is preferable to give to a campaign committee rather t…
Can a lawyer turn away a legal-aid (Judicare) client or accept them only at full customary fees?
The opinion approved a Judicare policy: it is improper for an attorney to reject Judicare clients while offering to take them at customary fees, and improper to reject a client solely because the clie…
Can the same lawyer draft the documents in a real estate deal and also represent the broker at the closing?
The opinion concluded the lawyer cannot. In drafting closing documents the lawyer acts for the buyer and seller whose property rights are affected, so also representing the broker creates conflicting …
Can a lawyer who serves as a court commissioner represent private clients in litigation before the judge who appointed him?
The opinion concluded that it is proper. A court commissioner is not a public officer for incompatibility purposes, and the responsibility to avoid impropriety rests on the judge, not the lawyer. The …
Can a lawyer who is also a municipal justice of the peace represent clients in matters opposed to the same city?
The opinion concluded the lawyer may not. A municipal justice of the peace is an officer of the city, so representing police officers in wage negotiations against that city, or private clients adverse…
Can lawyers own or rent offices in a building named something like 'Legal Center' or 'Lawyers' Building'?
The opinion concluded that it was improper for attorneys to own or occupy office space in a building named 'Anchorage Legal Center.' The Committee found the geographical reference plus 'center' mislea…
Can a lawyer accept a credit card to pay a fee, and may the lawyer display a decal or emblem showing that credit cards are accepted?
A divided Committee concluded that an attorney may honor a reputable credit card in payment of a fee, treating it like a check, but all members agreed that displaying an emblem, window decal, or desk …
Can court-appointed counsel for an indigent defendant accept a partial fee from the defendant's family as well as the county's appointment fee?
The Committee concluded that court-appointed counsel may accept fees from the defendant's family as well as from the county, provided full disclosure is made to the defendant, the family, and the Cour…
Can a lawyer act as surety on a criminal defendant's bail bond and then represent him, and can the lawyer's name appear on a jail bondsman list shown to prisoners?
The Committee concluded that a lawyer may act as surety on his client's criminal bond only if the attorney-client relationship already exists and he does so without notoriety amounting to indirect sol…
Can a lawyer let an association publish a bulletin telling its members he is available to handle their personal legal matters unrelated to the group's purpose?
The Committee concluded that an attorney may not knowingly allow an association to advertise to its members that he is competent and will advise them on their personal legal problems unrelated to the …
Can a lawyer consent to having his name appear in an investment promoter's advertising as the author of a tax opinion when state regulators require counsel to be named?
The committee concluded that consenting to the use of his name was not improper and did not violate former Rule 2, because the disclosure was made in the public interest under a Commissioner of Corpor…
Can a lawyer join a nonlawyer consulting firm to provide legal services to its clients and be featured in the firm's marketing brochure?
The committee concluded that including the lawyer's biographical sketch in the firm's client brochure was improper advertising under former Rule 2, and that joining the firm (as partner, associate, or…
Can a local lawyer host a radio program discussing legal topics and taking audience phone calls?
The committee concluded that, where a local attorney would be introduced by name as a local lawyer on a station in the town where he practices, his participation in such a broadcast series would resul…
Can a lawyer share office space, a waiting room, and overhead with a non-lawyer such as a CPA?
The opinion concluded that sharing office space with a public accountant is not unethical where it is merely for the physical convenience of both parties and the proper safeguards are maintained. An a…
May an insurance carrier's attorney give the carrier a blanket form of consent allowing claimants' attorneys to negotiate settlement directly with the carrier?
Yes. The opinion concluded there is no ethical objection to any reasonable means of clearly manifesting the carrier's consent to direct negotiation with claimants' attorneys, whether the consent is gi…
Can the attorney for a municipal board of health also sue the same municipality, represent private clients before its other boards, or defend cases in its municipal court?
No. The opinion concluded that even though the board of health is largely autonomous, it remains an agency of the municipality, so its attorney may not pursue negligence claims against that municipali…
Can a member of a city's law department who prosecutes in municipal court also defend a police officer charged in that same court?
No. The opinion concluded that any member of the city's law department who prosecutes cases in the municipal court should not defend a police officer in the same court; the municipality may instead re…
Can a municipal solicitor defend a criminal defendant when the alleged offense occurred in his own municipality and was investigated by its police?
No. The opinion concluded it would be improper for a municipal solicitor to represent a defendant in a criminal action where the offense allegedly occurred in the municipality he serves and the arrest…
Can an assistant municipal attorney represent a client in a claim against the board of education that the municipality's governing body appoints?
No. The opinion concluded it would be improper for an assistant municipal attorney to prosecute a workers' compensation claim against a board of education appointed by the municipal body he represents…
Can a Florida lawyer employ an attorney who is not admitted in Florida as a research assistant?
The opinion concluded that a Florida lawyer may employ an attorney who is not a member of The Florida Bar as a research assistant, provided the assistant does no work constituting the practice of law,…
Is it a conflict for an attorney to serve as counsel to a planning board when a relative sits on, and chairs, that board?
No. The opinion concluded there was no unethical conduct in an attorney representing a planning board chaired by his uncle, because in advising the board he sought no discretionary favor for a client,…
Can a lawyer who represented a widow on behalf of her late husband's estate later sue that same estate on the widow's own injury claim?
No. The opinion concluded a conflict exists, in violation of Canon 6, when an attorney who represented the widow on behalf of her deceased husband's estate then represents her in a claim against that …
When a lawyer asks an unrepresented party to sign a deed, must the lawyer explain why?
The opinion concluded that a lawyer who asks an unrepresented party to sign a quitclaim deed needed to procure an insurable title for his client should state, in understandable terms, the precise reas…
Can a lawyer holding settlement funds in trust refuse to pay a forwarding attorney by claiming a retaining lien?
The opinion concluded that whether a retaining lien exists is a question of law beyond the committee's jurisdiction, but that if an attorney is entitled to a retaining lien he may ethically exercise i…
Can a lawyer with an associate use the heading 'Law Offices of [name]' on stationery and pleadings?
The opinion concluded that there is no impropriety in a member of The Florida Bar and his associate using the heading 'Law Offices of [name]' on firm stationery, in pleadings, and in the signature blo…
What telephone directory listing details may a lawyer or firm use, such as alternate listings, bold type, extra address lines, or after-hours numbers?
The committee concluded that a lawyer's directory listing must look like every other lawyer's: no alternate listings, no listing firm members' names under the firm name, no bold or unusual type, no pa…
Can an associate of a state attorney take appointed criminal defense work in federal or municipal court?
The opinion concluded that it would not be appropriate for an associate of a state attorney to accept appointment as defense counsel under the Federal Indigent Criminal Defense Act or to appear for cr…
Can a corporation's lawyer later sue a stockholder who had paid part of the lawsuit's cost deposit?
The opinion concluded that a lawyer representing a corporation in litigation may later join as a defendant a stockholder who paid part of the cost deposit, provided the lawyer received no information …
Can a private law firm on retainer to a railroad use the railroad's company stationery marked 'Law Department' and 'Division Counsel'?
The firm could use 'Division Counsel' stationery only in dealings with the railroad's own employees or representatives, and could not use the 'Law Department' designation at all, because the firm's me…
Can a lawyer in a private adoption reveal the adopting parents' identity to the hospital to avoid being sued for the unpaid bill?
The opinion concluded that the lawyer, having arranged to keep the adopting parents anonymous to protect the confidentiality of the adoption, could not disclose their identity to the hospital; any los…
Can a law firm note on its office door that one of its members is a state senator?
The opinion concluded that a law firm may not display on its office door the fact that the office is also the office of a firm member who is a state senator.
Can a creditor's attorney send a debtor a 'Final Notice Before Action' form?
The opinion concluded that an attorney representing a creditor may not use a 'Final Notice Before Action' form, because the form is designed to mislead debtors who are not represented by counsel.
Is it unethical for a lawyer to claim a retaining lien on a client's property to secure unpaid fees?
The opinion concluded that it is not unethical for a lawyer to claim an attorney's retaining lien in good faith; the existence and extent of the lien are questions of law to be resolved by the courts,…
Can an attorney participate in closing a savings-and-loan mortgage where the borrower pays points, given an earlier opinion calling points improper?
Yes. The opinion concluded that because the 1963 Savings and Loan Act makes the usury prohibition inapplicable to such loans, an attorney may participate in closing a savings-and-loan mortgage where p…
After suit is filed, may a plaintiff's lawyer communicate directly with the defendant's liability insurer instead of through the insurer's appointed defense counsel?
No. The opinion concluded that once a carrier has retained counsel of record to defend its insured, Canon 9 requires plaintiff's counsel to refrain from communicating with the carrier unless the carri…
Is a divorce lawyer disqualified from continuing to represent the wife because he held a reconciliation conference with the unrepresented husband and took a small fee?
No. The opinion concluded the lawyer could continue to represent the wife where he repeatedly urged the husband to get his own counsel and received no confidences, though it said he should not have ac…
Can a law firm share a building, entrance, signage, and staff with a related real estate and insurance business?
No. The opinion concluded that even if the lawyers only shared facilities and personnel, the arrangement creates the impression that they have an interest in the real estate and insurance business and…
What should a lawyer do when a client revokes a medical-bill assignment after the lawyer is already holding the settlement proceeds the doctor claims?
The opinion concluded that, when a client revokes a prior medical-lien assignment after the lawyer holds the settlement proceeds, the lawyer should first try to help the client and physician compromis…
Can a patent lawyer be listed in the phone directory under both patent lawyers and lawyers headings?
The opinion concluded that a Florida lawyer duly qualified to practice before the United States Patent Office may be listed in the classified telephone directory under both the patent lawyers heading …
Can a lawyer share a contingent fee with another attorney whose only role in the case was serving as a witness?
The opinion concluded that it would be improper to divide a contingent fee with another attorney whose only contact with the litigation was as a witness.
Can a lawyer who used to represent an association later represent a client suing that association?
The opinion concluded that a lawyer who had represented a cooperative apartment association may later represent an officer-client whose rights are affected by proposed bylaw amendments, provided the a…
Can attorneys fund a nonprofit loan program for accident victims secured by the victims' claims and repaid from case proceeds?
The opinion concluded that a nonprofit lending fund financed by attorney contributions, providing loans to accident victims secured by assignment of their claims and repaid from case proceeds, would b…
Can a lawyer keep representing a corporation in civil collection litigation after its president is indicted for related conduct?
The opinion concluded that an attorney may represent a corporate client in collection litigation even though the corporation's president has been indicted over similar contracts, so long as the repres…
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.