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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Do the no-contact and conflict-of-interest rules apply to lawyer and nonlawyer advocates in a state Office of Advocacy when they investigate complaints by agency clients?
The opinion concluded no; because the advocates do not have an attorney-client relationship with the Department's clients, the no-contact rule and the conflict rules do not apply to their statutory…
Can a firm drop one current client to convert it into a 'former client' and keep representing another client who is suing it?
The opinion concluded a firm representing client A in litigation directly adverse to current client C must withdraw from that adverse representation, and it may not instead discontinue representing…
Can a lawyer sign opinion letters for a company that sells living-trust packages prepared by its nonlawyer salespeople, who then steer customers to that lawyer?
Generally no. The opinion concluded the company's individualized trust preparation is the unauthorized practice of law, and a lawyer who supplies opinion letters for it assists that practice under…
My client is charged with murder, maintains his innocence, but wants to plead guilty or nolo for reasons I think are poor. Can I let him plead, and what are my options if I disagree?
The panel concluded that Rule 1.2 requires the attorney to abide by the client's wishes on the plea if the attorney continues the representation, and that the attorney may seek to withdraw under…
Can a lawyer advise or arrange for a person to hide or leave the state so that person won't be available as a witness in a pending case?
The panel concluded it is improper for a lawyer to advise or cause a person to secrete himself or leave the jurisdiction to be unavailable as a witness in pending litigation, because such conduct…
Can I ask the state ethics panel to interpret a provision of the Supreme Court Law Clerk Pool Manual?
The panel declined to render an advisory opinion, holding under Rule 2(c) of its own rules that it lacks authority to opine because interpreting the Law Clerk Pool Manual concerns conduct not…
Can I invite judges to the opening ceremonies for my new law office?
The panel concluded that there is no ethical problem presented by inviting members of the judiciary to the opening ceremonies of an attorney's newly formed law office.
I worked for a utility for eight years in non-lawyer roles, then got admitted to the bar. Can I now take a state-agency legal job that would put me opposite that utility?
The panel concluded that the facts gave rise to no conflict of interest, because the lawyer had access only to public information as a non-lawyer employee of the corporation and the corporation had…
I represented a couple in an adoption. They're now divorcing and fighting over the file: the wife wants it released to her divorce lawyer, the husband objects. What do I do with the file?
The panel concluded, following its earlier Opinion #119 that a file's contents are the clients' property, that the lawyer should seek an arrangement both former joint clients can agree to; failing…
Can a salaried lawyer who does outside legal work for a fee remit that fee to a non-lawyer employer, and how much may the employer keep?
The opinion concluded that a salaried lawyer may remit fees from outside legal work to a non-lawyer employer only up to the employer's actual cost (allocated salary and overhead); remitting any…
Can lawyers represent a client in a suit when they and others in their firm will be called as critical witnesses on the central issue?
The committee concluded that the lawyers should not have accepted employment to represent the client where they knew or should have known they ought to be called as witnesses on the central fraud…
When can a Michigan lawyer treat a flat or fixed fee as earned and move it out of the client trust account into the operating account?
A true nonrefundable retainer is the lawyer's property and need not go in trust, but an advance fixed fee for future work is unearned and must stay in trust until earned; lawyer and client may agree…
Does independent (Cumis) counsel for an insured defended under a reservation of rights owe the insurer a duty to file a summary judgment motion the client wants withheld, and must counsel file a cross-complaint counsel believes is frivolous?
The committee concluded that independent counsel hired by an insurer to defend an insured under a reservation of rights is counsel for the insured, not the insurer, and may ethically withhold filing…
Are lawyers who share an office and cooperate on cases, but are not partners, in the 'same firm' for purposes of the fee-division rules?
The opinion concluded that lawyers who practice in association with each other but not as a partnership are not in the 'same firm' under DR 2-107(A), so they must fully comply with the rule's…
Can an Ohio lawyer practice under a trade name like 'Debt Relief Clinic,' use a multistate firm name, and send direct mail to people facing foreclosure?
The opinion concluded that 'Debt Relief Clinic' is a prohibited trade name and misleading name under DR 2-102(B), that practicing as 'X and Associates' with an out-of-state partner is proper under…
Can a law firm require a departing associate to pay back a percentage of fees earned from former firm clients who follow the associate?
The opinion concluded that a separation provision requiring a departing associate to pay the firm a percentage of fees later earned from former firm clients who chose to follow the associate is…
Can a part-time county court judge represent a criminal defendant in another county's court, even one who previously appeared before the judge?
The opinion concluded that, under appropriate circumstances, a part-time county court judge may represent a defendant on a traffic charge pending in a municipal court of another county, and that…
Can a retired partner who has gone on inactive status to skip CLE still be listed as an inactive partner of the firm and keep receiving retirement payments?
The opinion concluded that retiring partners who take inactive status under Gov.Bar R. VI(8) become exempt from CLE, but listing them as inactive partners in a directory is misleading because it…
Must an administrative law judge recuse from a case involving a taxpayer the judge previously handled, or whose case was at the agency while the judge was a staff lawyer?
The opinion concluded that an ALJ must recuse from any matter in which the ALJ previously represented the agency against the same taxpayer, and from any matter where the ALJ's impartiality might…
Can a criminal defense lawyer keep representing a client when a partner once represented a key prosecution witness?
The opinion concluded the lawyer had to withdraw: his partner's prior representation of the witness in a substantially related IRS matter disqualified the partner under ER 1.9(a), and ER 1.10(a)…
Can a lawyer work as a part-time assistant district attorney in one county while serving as a full-time police officer in another?
The opinion concluded that a lawyer may not ethically combine the roles of prosecutor and police officer, because of the harm to public confidence in law enforcement and the substantial, unavoidable…
If a lawyer is also a police officer and cannot do criminal defense work, can the other lawyers in the lawyer's firm take criminal cases?
The opinion concluded that because a lawyer who is a police officer may not represent criminal defendants, the other lawyers in his firm are likewise barred, and DR 5-105(D) provides no screening…
Can a lawyer share office space with a private adoption agency that he also represents?
The Committee held the proposed arrangement improper: a lawyer who represents a private adoption agency may not share office space with it, because the shared facility could lead the public to…
What options did a judge have when lawyers rented space in the judge’s building?
West Virginia JIC Opinion 1991-01 said the judge should sell the building, refer tenant lawyers’ matters to another circuit judge, or stop renting to lawyers.
If an insured revokes his earlier consent to dismiss his counterclaim so the insurer can settle, can the defense lawyer dismiss it anyway?
The opinion concluded that the lawyer may not voluntarily dismiss the insured's counterclaim with prejudice once the insured has revoked authority to do so, even though the insured signed an advance…
Can a lawyer let staff pick a court reporting service based on prizes the service awards employees who place the most business with it?
The opinion concluded that a lawyer may not permit the choice of a court reporting service to be influenced by prizes a service offers the lawyer's employees, because the prospect of prizes could…
Can a lawyer who sits on a hospital's advisory ethics committee sue that hospital or one of its staff doctors for another client?
The opinion concluded that a lawyer who serves on a hospital's advisory ethics committee is not automatically disqualified from representing a client adverse to the hospital or a staff doctor, on a…
In a probate matter, does the lawyer represent the estate or the personal representative, and can the lawyer take the PR's side in a dispute with the heirs?
The opinion concluded the lawyer represents the personal representative, not the estate, and is not barred from representing the PR in disputes with heirs, but may not represent the PR in such a…
Can a lawyer for the opposing party contact former employees of a represented corporation without the corporation's counsel consenting?
The opinion reaffirmed Opinion 88-3: a lawyer may contact former employees of a represented corporation, including former control-group members, without corporate counsel's consent, as long as the…
When an insured demands copies of defense counsel's case-assessment letters to the insurer, must the lawyer hand over that work product?
The opinion concluded that defense counsel representing both insured and insurer was not required to furnish the insured the lawyer's case-assessment correspondence sent to the insurer, but owed…
When an insured asks defense counsel to send a policy-limits demand to set up a bad-faith claim against the insurer, what can the lawyer do?
The opinion concluded that insurer-retained defense counsel, who represents both insured and insurer, could not counsel the insured about a bad-faith claim or send a settlement demand against the…
How long must a lawyer hold a missing client's trust funds before treating them as abandoned and paying them to the state escheat fund?
The opinion concluded that a lawyer must hold a known but unlocatable owner's trust funds and treat them as abandoned, payable to the state treasurer, only after a five-year period in which the…
Can a lawyer in one town be 'of counsel' to a law firm in another town while keeping his own separate practice?
The opinion concluded that a lawyer may be designated 'of counsel' to a North Carolina firm in another town when the two share a close, regular, and personal relationship for the practice of law and…
Can one firm jointly represent several claimants to a limited fund and help them divide the award?
The opinion concluded that, after full disclosure and consent, a firm may jointly represent several members of a claimant group competing for a limited fund, but it may not act as advocate for any…
Can a corporation's lawyer keep representing the company in litigation against one of its own 50% shareholders?
The opinion concluded that a closely held corporation's lawyer, retained when the company was controlled by its two original shareholders, may continue to represent the corporation both in its suit…
What must insurance defense counsel do after learning facts that would defeat the insured's coverage?
The opinion concluded that counsel is impliedly authorized to disclose to the insurer only that a coverage question exists, with a request to appoint independent counsel for the insured; counsel…
In Kentucky, may a lawyer limit help to an indigent pro se litigant to drafting the initial pleadings, and may a legal services group publish self-help handbooks with pleading forms?
Yes to both. A lawyer may limit representation to preparing initial pleadings, but substantial help such as drafting a non-form pleading must be disclosed to the court; publishing handbooks with pro…
Can a lawyer join a business networking group or set up a booth at a business expo to attract clients?
The opinion concluded a lawyer could join a professional networking group and describe her services generally if the membership fee was not tied to referrals and she did not solicit members in…
Can an Arizona lawyer ghostwrite pleadings and give advice to a client who appears in court pro se?
The opinion concluded a lawyer may provide limited-scope help, preparing pleadings and giving advice without appearing, if the client consents and the scope does not force a rule violation. It…
If a lawyer learns the insurer is overpaying a client and the client says stay quiet, can the lawyer keep representing the client?
The opinion concluded the lawyer could not disclose the client's continuing acceptance of overpayments, but had to withdraw because letting the checks pass through the trust account assisted ongoing…
When a client disappears, can the lawyer holding the client's documents release them to the opposing party's lawyer or destroy them?
The opinion concluded that the lawyer must make every reasonable effort to locate the client, must hold the documents with a fiduciary's care, may not destroy them until they are legally abandoned…
Can a government lawyer contact a represented party without counsel's consent based on a Justice Department directive (the Thornburgh Memorandum)?
The opinion concluded that the answer to both questions is no. A Wisconsin-licensed government lawyer may not communicate about the subject of a representation with a party the lawyer knows to be…
Can a lawyer informally interview the opposing party's expert witnesses or treating physicians outside the presence of opposing counsel?
The opinion reaffirmed, with caveats, the committee's earlier Formal Opinion E-83-13 on contacting an opposing party's expert witnesses, but modified it to reflect Klieger v. Alby, which held that…
If a public defender supervisor assigns a caseload above recognized standards and a staff lawyer declines new cases, can the supervisor discipline that lawyer?
The opinion reaffirmed earlier Formal Opinion E-84-11 and concluded that the committee cannot resolve the employment-relations question, but that exceeding recognized maximum caseload standards, or…
Can I interview a former employee of the adverse corporation ex parte, without going through its counsel?
The panel concluded that the Rhode Island Rules of Professional Conduct do not prohibit attorneys and their agents from conducting ex parte interviews of former employees of an adverse corporate…
Can a former prosecutor who handled a criminal battery case privately represent the victim in a civil suit over the same battery?
The committee concluded that DR 9-101(B) barred a former assistant district attorney from representing the battery victim civilly against the defendant he had been assigned to prosecute, because the…
What must appointed counsel do when an indigent client gets money after filing an indigency statement to obtain free representation?
The committee concluded that appointed counsel who learns the indigent client received funds after claiming indigency must ask the client to rectify the fraud, and if the client refuses, must either…
Can insurance-defense counsel give the carrier a settlement-value opinion when the claim exceeds policy limits but can be settled within them?
The committee concluded that once defense counsel makes a good-faith determination that an award could exceed the policy limits and knows the case can settle within them, the lawyer may not give the…
Can I list my paralegal's name on the firm letterhead, the building directory, and a newspaper ad alongside the attorneys, and can the paralegal use a business card and desk plate?
The panel concluded that a non-attorney's name may not appear among the attorneys on the firm's stationery, in the building directory listing the firm's lawyers, or in a newspaper advertisement…
Under Nebraska's former ethics code, could a lawyer disclose confidential information to protect a client believed mentally incompetent?
Yes. The 1991 opinion permitted disclosure only to the extent necessary to protect the client's best interests when the lawyer reasonably believed the client was incompetent.
Must a criminal defense lawyer disclose that the client lied to a probation officer during the presentence investigation?
The committee concluded that if the client's effort to obtain a lighter sentence by lying to the probation officer is itself a crime, DR 7-102(B)(1) makes disclosure of the fraud on the court…
When a lawyer properly represents both an injured plaintiff and the plaintiff's health insurer claiming subrogation, can the lawyer collect a fee from both?
The committee concluded that where dual representation of the plaintiff and the subrogated health insurer is itself permitted (under Opinion 91-25's conditions), there is no prohibition on…
Can a lawyer who shares office space and a secretary with another lawyer sue that other lawyer's client?
The committee concluded that because the two lawyers are separate professional associations who do not hold themselves out as one firm (separate phone lines and letterhead), they are not a firm for…
Can a lawyer take part in a living-trust program where a non-lawyer company gathers client information and drafts the documents, leaving the lawyer to review and execute?
The committee concluded the arrangement is improper: if the local attorney represents the trust customer, having no contact until execution and merely checking documents drafted by others violates…
Can a lawyer donate legal services to be auctioned at a charity fundraiser?
The committee concluded that donating legal services for a charity auction does not violate the Rules, provided the lawyer makes express qualifications: defining the nature and scope of the donated…
Can a lawyer who is a bankruptcy trustee in one division represent a creditor in other divisions, and what duties does a lawyer-trustee owe?
The committee concluded that a lawyer-trustee is not required to decline representing a creditor in other divisions of the Bankruptcy Court, provided he complies with Rule 1.7(b) and never…
Can a lawyer representing a wife in a divorce also represent a new client who turns out to be the husband's alleged paramour?
The committee concluded the lawyer cannot represent both, because the information that the second client is the husband's paramour creates a built-in conflict: revealing it would breach the second…
Can a lawyer work with a counterfeit-investigation company that locates infringers, recommends the lawyer, and takes a share of the recovery?
The committee concluded the arrangement is fraught with the potential for ethical violations but could be carried out without violating the Rules if the lawyer keeps the client informed, gets…
Can a lawyer advance money to a client to pay for a rental car before the client's insurance claim is settled?
The committee concluded that a lawyer may not advance money to a client for a rental car before settlement, because Rule 1.8(e) permits advancing only court costs and expenses of litigation, and a…
Can an attorney use powers of attorney from both the buyer and seller to sign the closing documents in a real estate transaction?
The committee concluded that if the attorney is employed merely to perform the ministerial act of signing the closing documents, the Rules are not implicated; but if he is expected to give legal…
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.