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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May the attorney for a municipal housing authority represent private clients before the same municipality's court, zoning board, planning board, and other agencies?
The opinion concluded the housing authority attorney could not appear before the municipal court, board of adjustment, planning board, township committee, or other municipal bodies of the municipality…
May members of a law firm appear before a city's court and agencies when one partner works full time for that city in a non-legal civil service job enforcing the building code?
The opinion concluded the firm could not appear before the city's court or any of its bodies, because what the municipal-employee partner could not do his partners could not do either, and the result …
May a lawyer who is an appointed member of a Chapter 6 board of education represent private clients before the municipality's court and other boards?
The opinion concluded it would be improper, because a board of education functioning under Title 18, Chapter 6, is subject to municipal control through the board of estimate, so the appointed attorney…
Can a lawyer who is sometimes retained by an insurance company also represent third-party claimants pressing claims against that same company?
The opinion concluded that a lawyer on retainer to an insurer should not represent third-party claimants against it, and that a lawyer not on retainer should also decline if the relationship would imp…
May a lawyer in general practice be named as 'counsel' in a savings and loan association's published statement of condition or newspaper advertisement?
No. Following ABA Informal Decision No. 645, the committee concluded that publishing the name of the general counsel of a corporation, bank, or savings and loan association in any advertisement, lette…
Can a lawyer advance living expenses to a client while waiting for the client's claim or settlement against a third party to be paid?
The opinion concluded that a lawyer may not advance living expenses to a client pending settlement and collection of a claim, judgment, or award, even where the client badly needs the money and liabil…
Must a workers' compensation claimant's lawyer always pursue the statutory penalty for a late-paid award, and can the lawyer choose not to?
The opinion concluded that it is proper for the claimant's attorney to invoke the statutory penalty for late payment, and that it is not necessarily improper to withhold the penalty where the delay wa…
Can a lawyer who is sued personally plead the statute of limitations as a defense, for example against a landlord or for funds the lawyer was holding to forward to another attorney?
The opinion concluded that a lawyer does not necessarily act improperly by pleading the statute of limitations when sued, unless he has done something to lull the other party into a false sense of sec…
If a seller's attorney prepares all the closing documents in a real estate deal, can the attorney bill the buyer for part of the fee when the buyer never hired or agreed to pay him?
The opinion concluded that an attorney should not send a statement for fees and costs to a buyer who never became legally obligated to pay, though because the buyer can simply refuse to pay it, the co…
Can a law firm that regularly sues state agencies and officials accept a retainer to represent a state board made up of the Governor and Cabinet?
The opinion concluded that a firm regularly engaged in litigation against state agencies and officials should not accept a retainer to represent a state board composed of the Governor and Cabinet, bec…
May a lawyer let his name appear on a motor club's published list of attorneys who have agreed to handle members' automobile property-damage claims?
The opinion disapproved the practice, concluding that letting a lawyer's name appear on a motor club's distributed list of attorneys violated Canon 43 because the list was not an approved law list, an…
If two former partners keep separate offices but share a conference room and still refer each other work, is one barred from practicing before the municipality where the other is the municipal attorney?
The opinion concluded the two lawyers were 'office associates' under Rule 1:26-5(c) because they shared a conference room and referred each other work, so the rule barred the inquirer from practicing …
Can lawyers practice law through a professional service corporation they form and work for?
Yes. The committee concluded lawyers may practice through a professional service corporation under KRS Chapter 274, reasoning the corporation is not itself practicing law and the form does not relieve…
Can a law firm with offices in two cities use letterhead that lists all of the firm's lawyers and shows both office addresses?
The opinion concluded that a firm with active offices in two Florida cities may use stationery listing all of its lawyers and showing the addresses and telephone numbers of both offices, especially wh…
Can a lawyer represent a workers' compensation claimant against a corporation when the lawyer is a close friend of, and has personally represented, the corporation's president?
The opinion concluded that, after full disclosure and client consent, the lawyer may represent the claimant against the corporation despite his friendship with and prior personal representation of the…
Can a lawyer agree to prepare wills for a client and the client's coworkers, contact those coworkers, and offer a volume discount on the fees?
The opinion concluded that the lawyer may tell the coworker who contacted him that he is willing to prepare the wills, but may not initiate contact with the company or the other employees, must form a…
Can a lawyer take over cases from a disbarred lawyer, and can the lawyer pay or split a fee with the disbarred lawyer for work done before disbarment?
The opinion concluded that a lawyer should not accept case referrals directly from a disbarred lawyer, but may take over the disbarred lawyer's matters when the client makes the request and fee arrang…
Can a lawyer represent a client in one lawsuit while opposing that same client as an adversary in a different, unrelated lawsuit?
The opinion concluded that a lawyer should not represent a client in one litigated matter while opposing that client in another, even if the matters are unrelated and no confidences are involved, and …
Can an elected county prosecutor represent private clients in civil suits against the county or its agencies when his official duties cover only criminal matters?
The opinion concluded that a county prosecuting attorney should not represent private clients in civil litigation against the county or its boards or agencies, even though his official duties relate o…
Can a personal-injury lawyer advance living expenses to an injured client, to be repaid out of any recovery?
The opinion concluded that it is improper for a lawyer in a personal-injury case to advance living expenses to or for an injured client, because doing so amounts to acquiring an interest in the litiga…
May a lawyer who serves as special counsel to a public housing authority print 'Special Counsel for Public Housing Authority of the State of New Jersey' on his own law-office letterhead?
The opinion concluded the designation would be improper as a violation of Canon 27, because listing the public appointment on the lawyer's own attorney-at-law letterhead would unduly advertise the att…
May a lawyer take part in a mortgage loan where the borrower pays 'points' to the lender, when those points may push the effective interest above the legal limit?
The opinion concluded that if the lawyer knows or reasonably should know the points charged to the borrower bear no reasonable relation to a service rendered and are a device to exact usurious interes…
May a lawyer have his wife post a client's bond, take a fee for referring clients to a bondsman, or run property through a bondsman to leave a bond insecure?
No to all three. The committee concluded a lawyer cannot do indirectly through his wife what he is barred from doing directly; that taking a referral fee from a bondsman is unethical under Canons 6 an…
Can a lawyer print her name, address, and 'Attorney at Law' on the checks she uses in her law practice?
The opinion concluded that a lawyer may print her name, address, and the designation 'Attorney at Law' on checks used in her practice, where this is done simply to give useful identifying information …
Can a lawyer for a bank's trust department prepare guidelines for drafting trusts and let the bank distribute them to other lawyers who draft trusts naming the bank as trustee?
The opinion concluded that the bank's trust counsel may prepare guidelines for drafting trusts acceptable to the bank, for the bank to distribute, provided the guidelines are given only to attorneys.
Can a lawyer assert a retaining or attorney's lien over a client's documents and funds in the lawyer's custody when the client refuses to pay fees?
The opinion concluded that it is not unethical for a lawyer to exercise a retaining or attorney's lien to which he is entitled by law over a client's documents and funds properly in his custody, but w…
Can a wife's divorce attorney enforce a court-ordered fee against the husband when doing so might interfere with the support payments the wife and children depend on?
The opinion concluded that the attorney may move to enforce the court-ordered fee, but if the husband cannot pay both the fee and essential support, the attorney should subordinate enforcement of his …
Can a municipal attorney do the legal work on a developer's project if the developer deposits the fees with the municipality instead of paying the attorney directly?
The opinion concluded it would be unethical. A municipal attorney cannot perform a developer's project legal work, even when the fee is routed indirectly through a deposit with the municipality, becau…
If a lawyer is subpoenaed to testify about a client's assets, can the lawyer refuse to answer questions he believes call for privileged communications?
The opinion concluded that whether a particular communication is privileged is a question of law for the court; a lawyer may refuse to answer matters he in good faith believes privileged unless the co…
Can a lawyer form a partnership with a nonlawyer to represent clients before regulatory agencies the nonlawyer is authorized to practice before?
The opinion concluded that a lawyer may not form a partnership with a nonlawyer to practice before state and federal agencies, even where the nonlawyer is authorized to appear there, unless the lawyer…
Can a municipal attorney also serve as attorney for the planning board, zoning board, or other boards in the same municipality?
The opinion concluded that a municipal attorney cannot serve as attorney for any board or agency of the same municipality if there is or may be a conflict of interest in a particular situation, but it…
Can a lawyer represent someone whose business is to acquire other people's claims and then sue on them?
It depends on how the claims were acquired. The opinion concluded that where claims are merely assigned, an earlier opinion bars the lawyer from acting (intermediary exploitation under Canon 35), but …
After winning a judgment, can the plaintiff's lawyer contact the defendant directly about settling it, or must he go through the defendant's lawyer?
The opinion concluded that entry of judgment and expiration of the appeal period do not automatically end the attorney-client relationship, so the plaintiff's lawyer may not communicate directly with …
If an assistant city attorney's law partner is appointed to the state road board, what matters must the city attorney and his firm avoid?
The opinion concluded that the lawyer may continue as an assistant city attorney, but should not personally deal with the state road board or road department on the city's behalf and should not repres…
Can a Florida lawyer write directly to insurance companies to place mortgage loans for clients?
The opinion concluded that a lawyer may write directly to life insurance companies to obtain loans for clients, provided the letter does not directly or indirectly suggest that the lawyer or his offic…
Can a Florida law firm affiliate with a corporation solely to qualify for group health insurance rates?
The opinion concluded that a firm may affiliate with a corporation it represents purely as a technical step to obtain group medical and hospitalization insurance, provided the firm keeps its independe…
Can a Florida lawyer write a general-interest legal column for a local newspaper?
The opinion concluded that a lawyer may write a newspaper column that discusses general matters of law, so long as it does not advise on any specific or individual problem and the lawyer is not identi…
Can a lawyer regularly employed by a title insurance company examine titles the company is required to insure, without aiding unauthorized practice?
Yes. The committee concluded a title insurance company, like a lender, may choose its own attorney to examine title, so a lawyer regularly employed by the company who renders that legal service is not…
When a lender hires a lawyer to examine title and the borrower pays the fee, whom does the lawyer represent if the title turns out defective?
The lawyer is responsible primarily to the lender that hired him and secondarily to the borrower only insofar as the loan security is affected. The committee found no conflict-of-interest violation wh…
Can a lender's lawyer take a fee the borrower is required to pay, even though the borrower never hired that lawyer?
Yes. The committee concluded that a lawyer the lender employs to examine title is rendering a legal service to the lender, so requiring the borrower to pay that fee as a loan cost does not make the la…
Can a lender insist on its own lawyer examining title instead of the borrower's lawyer, and is that aiding unauthorized practice?
No, it is not unauthorized practice. The committee concluded a building and loan association may insist that its own attorney examine the title to property it will take as security, and that the assoc…
Can a lawyer employed by an accounting firm provide legal services, such as estate planning, to the firm's customers?
The opinion concluded the lawyer cannot. A lawyer-employee who supplies legal advice that enables a lay employer to render legal services to the employer's customers aids the unauthorized practice of …
Can a district attorney represent a private landowner in a condemnation case brought by the state, while the county and state are his public clients?
The opinion concluded the district attorney may not. A full-time or part-time district attorney represents the county and state at all times, and taking a condemnation case against the state highway c…
Can the plaintiff's lawyer later represent the defendant insured in a Stowers bad-faith suit against the insured's own carrier?
The Committee concluded that the plaintiff's attorney may represent the insured in a later Stowers suit against the carrier if the plaintiff's judgment has been satisfied, but not if it remains unsati…
Can a district attorney's law firm represent the surety in a county's civil suit over a misappropriation the DA first presented to a grand jury?
The Committee concluded that the firm of a district attorney who presented the misappropriation facts to a grand jury may not ethically represent the bonding company defendant in the county's later ci…
Can a lawyer who is a retired army officer put his military rank and retired status on his professional calling card?
The Committee concluded that a lawyer's professional calling card may not include his military rank and retired status, such as "Colonel John Doe, USA (Ret)," because that use of the title violates th…
Can a lawyer print practice areas like "Land Titles, Wills and Probate Matters" at the top of his letterhead?
The Committee concluded that a lawyer may not list specialties such as "Land Titles, Wills and Probate Matters" on his letterhead, because listing fields of practice that way is advertising prohibited…
Can lawyers run a paid newspaper ad endorsing a political candidate that identifies the endorsers as lawyers?
The Committee concluded that lawyers may publicly endorse candidates, and whether the ad may identify the endorsers as lawyers turns on whether their dominant purpose is to advertise themselves or to …
Can a lawyer let a church directory list his photo, home address, phone, and firm name when the directory carries no advertising?
By a 4-3 vote the Committee concluded that an attorney may permit a church-directory listing with his photograph, home address and phone, firm name, and business phone, where the directory goes only t…
Can a lawyer plead guilty to a traffic charge, pay the fine by check to the judge, then stop payment on the check after leaving?
The Committee concluded that a lawyer who pleaded guilty to speeding before an out-of-state justice of the peace, paid the fine by check, and then stopped payment on the check engaged in conduct that …
Can a lawyer serving as executor take a referral fee or split the fee of a law firm he hired to defend a will contest?
The Committee concluded that a lawyer acting as an estate's executor may not accept a referral fee or a division of the fee paid to a law firm he hired to defend the will, because he employed the firm…
Can a lawyer accept adoption cases when the placement agency hands prospective parents a circular naming him and his fee?
The Committee concluded that a lawyer violates Canon 24 if he permits or acquiesces in an adoption agency distributing a "Legal Adoption" circular naming him and his fee, or knowingly accepts employme…
Can a lawyer sue a defendant in a personal-injury case while the lawyer's firm represents that same person as a comp claimant from the same collision?
The Committee concluded that it is a clear violation of Canon 6 for a lawyer to prosecute a personal-injury suit against a defendant while the lawyer's firm represents that same defendant as a claiman…
Can the insurer's lawyer defend the insured in a damage suit and at the same time sue the insured for a declaratory judgment that the policy was canceled?
The Committee concluded by a 7-1 vote that an attorney violates Canon 6 by defending the insured under a non-waiver agreement in a collision damage suit while filing a separate declaratory-judgment su…
Can plaintiff's counsel deal directly with the insurance adjuster to settle a case, and can the defense lawyer consent to that?
The Committee concluded that plaintiff's counsel violates Canon 9 by negotiating directly with the defendant's adjuster without defense counsel's consent; defense counsel may consent in a workmen's co…
Can a plaintiff's lawyer interview a manager of the defendant organization without the consent of the organization's counsel?
The committee concluded that, where the chamber of commerce was a represented adverse party and not a public body, plaintiff's counsel could not interview its manager about the case without opposing c…
How does the State Bar of California committee process requests for legal ethics opinions?
Formal Opinion 1965-1 set out the committee's procedural ground rules: where to send requests, screening for any pending discipline, assignment and drafting, quorum and voting, the standard advisory d…
Can a former municipal attorney who is still handling the town's tax-foreclosure cases take on a private client's tax-assessment appeal against that same town?
The opinion concluded he cannot. While he is still representing the municipality on its tax-sale foreclosures, he cannot at the same time represent a private taxpayer in an appeal whose interests are …
Can a lawyer who serves on a municipal parking authority represent private clients in that municipality's municipal court or before its other agencies?
The opinion concluded he cannot. An attorney who is a member of a municipal parking authority cannot represent private clients before the municipal court or any other public agency of that municipalit…
Can a county-court prosecuting attorney also defend criminal cases, whether in the same county's circuit court, in other counties, or in federal court?
A majority of the committee concluded that a prosecuting attorney for a county judge's court may not act as defense counsel in criminal cases in the same county's circuit court, may not continue a def…
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.