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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Is it improper for a lawyer who works as an insurance claims adjuster to deal directly with an opposing party the lawyer knows is represented by counsel?
Yes. The committee concluded that adjusting insurance claims is the practice of law when done by a lawyer, so the attorney-adjuster remains bound by the Canons and may not communicate directly with a …
May an individual lawyer or law firm print 'SEE YOUR LAWYER FIRST' on their envelopes?
No for an individual lawyer or firm, yes for the organized bar. The committee concluded that the phrase is proper public education when used by the Oklahoma Bar Association, but on a lawyer's or firm'…
May a person qualified as both lawyer and doctor hold out in both professions, are all firm members responsible for one member's misconduct, and may a building be named 'Medical-Legal Building'?
The committee concluded that a lawyer-physician must choose to hold out as one or the other because practicing both is too fraught with conflicts and confidentiality dangers; that firm members who kno…
Who may receive a lawyer's professional announcement, what occasions justify one, what may it contain, and how should deceased partners or those on leave be shown?
The committee concluded that announcements may go to clients, relatives, and personal friends but not casual acquaintances; that a departing associate may send them to a former firm's clients only whe…
May a law firm put its name and occupation on office windows and doors, and on how many, and what wording may a shingle carry?
A single proper professional sign may mark the office entrance, but the committee concluded that placing the firm name on additional doors or windows is unethical, that a shingle may carry only the la…
May a lawyer give statements to the press about pending or anticipated litigation, especially in criminal cases?
Generally no. The committee read Canon 20 to bar lawyers, prosecution and defense alike, from publicity about pending or anticipated litigation, allowing only in extreme cases a statement that does no…
After an insurer pays a judgment for the plaintiff and takes an assignment, can the insurer's lawyer appear for that plaintiff as appellee in the co-defendant's appeal?
The opinion concluded that there was no ethical objection: once the insurer paid the full judgment and took an assignment from the plaintiff, its substitute counsel could appear for the plaintiff as a…
Can a lawyer who belongs to a title insurance fund represent a client pressing a claim against that same fund?
The opinion concluded that the lawyer may pursue the client's title-insurance claim against the fund despite his own membership interest, provided he makes full and fair disclosure of that interest to…
May a lawyer represent a husband in a divorce when the wife once made unsolicited calls to him that did not seek his services or concern the divorce?
The opinion concluded the attorney is at liberty to represent the husband, because the wife's earlier calls were entirely unsolicited, sought no legal advice or services, and did not concern the divor…
If a lawyer becomes a member of a municipal zoning board of adjustment, may he represent private clients before the town's other boards, the governing body, and the municipal court?
The opinion concluded it would be improper for an attorney-member of the zoning board to represent clients before the zoning board, planning board, governing body, municipal court, or other municipal …
Can the law partner of an assistant state attorney take criminal defense cases?
The opinion concluded that the law partner of an assistant state attorney may not engage in criminal defense practice, because the firm and all its members are barred from any employment that one memb…
Can a lawyer who concentrates in tax work call himself a 'Tax Attorney' or advertise 'Tax Service' on a letterhead or card?
The Committee concluded that an attorney may not use 'Tax Attorney,' 'Tax Service,' or any similar specialized-practice designation on a letterhead, card, announcement, or directory, except approved l…
Can a lawyer take a power of attorney from a personal injury client that gives the lawyer full control to settle or dispose of the case?
The Committee concluded, by a 6-2 majority, that an attorney may not take from a personal injury client a power of attorney vesting in the lawyer absolute and unrestricted power to dispose of the case…
Can a lawyer who writes or edits legal articles in a lay trade journal be identified with a photo, biography, and firm name, or only by name?
The Committee concluded that an attorney who edits or writes legal articles for a lay trade journal may be identified by name only, and may not permit publication of his picture, his identification as…
Can lawyers who practice before a judge contribute to, or solicit contributions for, the judge's campaign expenses?
The Committee concluded that attorneys may ethically assist judicial candidates with campaign expenses, either by direct contributions or by soliciting contributions, so long as there is no improper m…
Can a lawyer who serves as a probation officer also act as criminal defense counsel in felony cases in the same district?
The Committee concluded that an attorney who serves as a Probation Officer may not act as defense counsel in felony cases in his district, because the Probation Officer's primary duty is to the public…
Can the lawyer who defended a workers' compensation case later defend a third-party damage suit by the same injured plaintiff over the same accident?
The Committee concluded that if the compensation carrier paid benefits and therefore holds subrogation rights at stake in the damage suit, the lawyer and his firm are disqualified under Canon 6 by the…
Can a former judge later serve as a lawyer in the same cases he handled procedurally while on the bench?
The Committee concluded that it is unethical for a former County Judge to represent the State and County in appeals from Special Commissioners' awards in condemnation suits that originated during his …
Can a lawyer who is well known by a radio or TV stage name practice law under that assumed name, or legally change his name to it?
The Committee concluded that an attorney may not use any assumed name in the practice of law, because Canon 30 expressly prohibits it, and the majority further held that legally changing his name to c…
Can a county attorney's law partner, associate, or father defend criminal cases, and does court appointment versus private hire change the answer?
The Committee concluded that a County Attorney's disqualification from defending criminal cases extends to his partners and associates in all courts statewide, even in a civil-only practice, under Can…
Can a lawyer send holiday greetings to the general public through radio spots, newspaper ads, or circulars?
The Committee concluded that a lawyer may not extend holiday greetings to the general public through radio spot announcements, newspaper advertisements, circulars, or other advertising media, because …
Can a lawyer pay to be listed under 'attorneys' in a commercial statewide classified directory that is not an approved law list?
The Committee concluded that a lawyer may not be listed as an attorney in a statewide commercial classified directory, because the directory is not an approved law list under Canon 39 and a purely com…
Can a lawyer let a company use his name and photograph in the company's newspaper advertising?
The Committee concluded that a lawyer may not knowingly permit an airline to use his name and picture in its newspaper advertising, because doing so violates Canon 24, and that if the use occurred wit…
Can a multi-state law firm open a Texas office under its existing firm name when some partners are not licensed in Texas, and can it mail cards announcing the office?
The Committee concluded that a firm whose partners are licensed in different states may keep its existing firm name on a Texas office, with a resident Texas-licensed partner, as long as all representa…
If a county attorney joins a private law firm, can the firm's other lawyers defend criminal cases, and can the firm list him as 'Civil Counsel' on the letterhead?
The Committee concluded that because a county attorney is statutorily barred from defending criminal cases, all members of his firm are likewise disqualified under Canon 6, and that designating him as…
Can a lawyer represent two clients with opposing interests arising from the same collision, and can a lawyer who left the plaintiff's firm later help defend the same suit?
The Committee concluded that a lawyer who represents a personal-injury plaintiff may not also represent the defendant driver in his workers' compensation claim from the same collision without the expr…
Can an insurance-defense firm give Christmas gifts or host entertainment for the claims adjusters and representatives of its insurance-company clients?
The Committee concluded that it could not answer categorically: whether gifts and entertainment for clients' claims adjusters amount to improper solicitation under Canon 24 or merely an expression of …
Is it unethical for a lawyer to advise a client charged with a crime to hide for a short time before surrendering?
The Committee concluded that whether advising a charged client to hide temporarily is unethical depends on whether the advice or the act advised violates the law: if the law forbids the advice or requ…
Can one lawyer represent both a minor's legal guardian and the minor's father in a single personal-injury suit when their recoveries may conflict?
The Committee concluded that it would be unethical for a lawyer to represent both the minor's legal guardian and the father in the same damage suit without the consent of both, because the lawyer's du…
If two lawyers on opposite sides of a pending case become law partners, can the plaintiff's lawyer keep handling the case?
The Committee concluded that a lawyer may not, without the defendant's consent, continue representing the plaintiff after becoming a partner with the lawyer who had earlier represented the defendant a…
Can a prosecuting attorney represent a city policeman in a civil overtime-wage suit when the same facts might require a criminal prosecution?
The Committee concluded that it would be unethical for a prosecuting attorney to represent a policeman in a civil overtime-wage suit against the City under statutes whose violation he might have to in…
Is it unethical for a lawyer to habitually charge less than the county or state minimum fee schedule?
The Committee concluded that habitually charging below a recommended minimum fee schedule does not by itself violate Texas Canon 11 on fixing fees, because the Texas canon omitted the ABA's minimum-fe…
Can a lawyer take a contingent fee out of the part of a workers' comp settlement that represents the client's hospital bill?
The Committee concluded that it is unethical for the attorney to deduct and keep, from the hospital-bill portion of the settlement, any amount beyond the agreed fee, and unethical to retain a total fe…
When someone brings a matter to the county attorney's office that the office can't handle, can the county attorney offer to take it privately, refer it out, or accept a referral fee?
The Committee concluded that a county attorney consulted in his official capacity may not offer to represent the person as a private lawyer (solicitation under Canon 24), may ethically refer the perso…
Can a lawyer record a telephone conversation with another lawyer or a layperson without a warning tone?
The committee concluded that, given the FCC order and telephone-company tariffs then in force, recording a telephone conversation without the required 'beep' warning tone violated the law and was ther…
If a lawyer is both an assistant state attorney and the county school board's attorney, can he handle the board's bond validation proceeding?
The opinion concluded that the lawyer should not take part in the validation proceeding in either capacity, because the state attorney's office has a statutory duty to scrutinize and, if necessary, op…
When a plaintiff offers to release the insured for an assignment of the insured's bad-faith claim, what must insurer-retained defense counsel do?
The opinion concluded that insurer-retained defense counsel must inform the insured of the plaintiff's release-and-assignment proposal and of the possible bad-faith claim against the insurer, and advi…
Is the estate of a deceased forwarding attorney entitled to a share of fees the receiving attorney later earns in a separate suit the client brought directly, after the forwarder's death?
The opinion concluded that because Canon 34 allows a division of fees only on a division of service or responsibility, the deceased forwarder's estate, which performed no service and shared no respons…
If a wife consults a lawyer about her marital problems but does not retain him, may that lawyer later represent the husband in a divorce?
The opinion concluded the attorney is prevented from representing the husband: once the wife consulted him about her marital problems, Canon 6 and Canon 37 applied even though she did not retain him, …
May an attorney who has obtained a default divorce for a client refuse to file or furnish the formal decree until the client pays the fee?
No. The committee concluded that refusing to file or furnish a divorce decree until the fee is paid is professionally improper, because preparing and filing the formal decree is something the attorney…
May a lawyer or firm list their names in the classified or alphabetical sections of a telephone directory, including in exchange areas where they have no office?
A uniform classified listing in the lawyer's own exchange area is proper, but classified listings outside that area are improper. The committee concluded an individual lawyer (but not a firm) may list…
In a litigated workers' comp case, can the claimant's lawyer deal directly with the insurance carrier's adjusters instead of the carrier's attorney?
The opinion concluded that the claimant's attorney may deal directly with the carrier's claims representatives to discuss settlement, bypassing the carrier's attorney of record, only if that attorney …
Can a plaintiff's lawyer settle a pending suit directly with the defendant's insurer when defense counsel does not know or consent?
No. The committee concluded it is unethical under Canon 9 for a lawyer to discuss the subject of pending litigation with a represented party (here the defendant's insurance carrier) without the knowle…
After resigning as a corporation's counsel over the president's misconduct, can the lawyer represent stockholders suing the corporation?
The opinion concluded that the lawyer may disclose facts he learned as a director but should not act as attorney against a corporation he served as counsel and director, and especially not in a stockh…
When a lawyer closes a loan for the lender, must he tell an unrepresented borrower about title defects even though the lender has title insurance?
The opinion concluded that a closing attorney acting for the lender should disclose known title defects to an unrepresented purchaser-borrower who deals directly with him, because concealing them coul…
Can a lawyer serve as attorney for a public board on which his own law partner sits and chairs?
The opinion concluded that the arrangement was not a clear ethical violation if the relationship was publicly disclosed, the board-member partner did not share the fees, and that partner did not take …
May a lawyer own an interest in an abstract company, and may he let his name appear as 'General Counsel' in the abstract company's advertisements?
Owning an interest is fine in itself, but it must not be used to solicit law business. The committee concluded that letting the lawyer's name appear as 'General Counsel' in an abstract company's adver…
May a part-time municipal magistrate who still practices law represent a builder or developer buying land in his municipality when the land will need variances or subdivision approvals?
The opinion concluded such representation would for all practical purposes violate Canon 6, because the land purchases at issue plainly contemplated later proceedings before municipal agencies, taking…
May a municipal attorney defend a criminal defendant charged with an offense committed in the same municipality the attorney represents?
The opinion concluded such representation would be unethical, because defending a person charged with a criminal offense within the municipality is a task conflicting with the municipal attorney's dut…
May a lawyer who did not arrange the loan handle the foreclosure of a mortgage that was plainly usurious?
The opinion concluded that an attorney who did not participate in the original usurious transaction may properly handle the foreclosure, because the usury statute permits the lender to sue to recover …
After defending the car owner at the insurer's request, can the same lawyer defend the driver in a later suit the owner brings over the same accident?
The opinion concluded that the lawyer should not undertake the second defense, because shifting sides in litigation growing out of the same accident would undermine public confidence in the bar, even …
May the attorney for a sewer or utility authority also represent developers, and may members of one firm represent a sewerage authority in a different municipality from where they represent developers?
The opinion concluded it is unethical for the attorney of a municipal agency such as a sewer or utility authority to represent developers in the same municipality, but found no conflict in members of …
Can a firm add a new partner's name to the firm name while keeping a deceased partner's name in it?
The opinion concluded that adding a new name to a firm name that already includes a deceased partner's name is not necessarily improper, provided the deceased partner's name is properly retained under…
Can a lawyer or his firm practice before a court or agency whose members the lawyer has the power to appoint or approve?
No. The committee concluded that a lawyer who holds an office with power to appoint or approve the appointment of a tribunal's members, and his partners and associates, should not practice before that…
Can a lawyer refuse to give a government agency information about a client's affairs based on a good-faith claim of privilege or work product?
The opinion concluded that a lawyer does not act unethically by declining to give a government agency information about a client's affairs when he believes in good faith he has legal grounds to withho…
If a client confides that the deceased testator left a surviving legal spouse with possible claims, can the lawyer keep that secret and still represent the client?
The opinion concluded that the lawyer may not reveal the client's confidence about the surviving legal wife without consent, but also may not continue to act for the client in any matter where that in…
When an associate who worked on the employer-carrier's side switches to the claimant's firm, can that firm keep representing the claimant?
The opinion concluded that the claimant's firm should withdraw unless both the employer-carrier and the claimant, after being fully informed, consent to the continued representation, even if the arriv…
Can a lawyer let a newspaper reporter look at the lawyer's own copy of a deposition filed in a public-interest civil case?
The opinion concluded that the lawyer may let a reporter inspect his copy of the deposition if it is available for public inspection in the clerk's office, the reporter initiated the request, and the …
May a plaintiff's lawyer contact insured defendants directly to warn them that the verdict may exceed their policy limits and that they should hire personal counsel?
The opinion concluded that while the defendants would be well served by being told the verdict might exceed their coverage, plaintiff's counsel could properly give that notice only through the defenda…
May a retiring lawyer sell his practice to another lawyer for a fixed price paid as a percentage of fees later received from his clients?
The opinion concluded the proposed sale was improper, because paying for a practice through a percentage of fees received from the seller's clients is a division of fees not based on a division of ser…
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.