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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Under this 1991 Nebraska opinion, which employees of an adverse corporation could counsel interview without corporate counsel's consent?
The opinion allowed interviews of nonbinding witnesses after role disclosure and privilege safeguards, but barred management and employees who could bind the corporation; Opinion 94-5 later…
Can a lawyer pay a fact witness, here a former employee of the client, for time spent preparing for and attending a deposition or trial?
The committee concluded that DR 7-109(C) bars paying ordinary fact witnesses beyond expenses and financial loss, but it read the rule not to reach a former employee of a client who must spend…
Is Georgia Formal Advisory Opinion 91-3 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 91-3, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the…
Can a former judicial law clerk represent a client on appeal in a case the clerk worked on while clerking for the trial judge?
The committee concluded that Rule 1.12(a) bars a former law clerk from representing a client in a matter in which he participated personally and substantially as a clerk unless all parties consent…
Must a lawyer-legislator warn clients up front that the lawyer's representation of them before state agencies will be publicly disclosed?
The committee concluded that no provision of the Rules requires a lawyer-legislator to tell a client that representation before a state agency will ultimately be made public, because such…
Can a lawyer advertise a 'Workers Compensation Legal Clinic' offering free assistance, and is that misleading?
The committee concluded that 'Workers Compensation Legal Clinic' is an improper trade name under Rules 7.2 and 7.5 because it implies a connection with the Workers' Compensation Commission and the…
Can an attorney who served as a minor's guardian ad litem then serve as the minor's counsel in a later commitment proceeding?
The committee concluded that under Rule 3.7 an attorney who is likely to be a witness as to his findings while serving as guardian ad litem is disqualified from serving as the minor's counsel during…
Can a personal injury lawyer also represent the client's health insurer to recover its subrogated medical expenses from the same defendant?
The committee concluded that where the plaintiff is contractually obligated to reimburse the health insurer, a lawyer may represent both the plaintiff and the insurer to recover medical expenses…
If a lawyer represents a partnership, is the general partner also a client for conflict purposes when the lawyer takes a case against a corporation that partner owns?
The committee concluded that whether the lawyer may take the second matter depends on whether his representation of the partnership might reasonably be perceived by the general partner as also…
Could volunteer lawyers represent a person adverse to someone screened or represented by an affiliated legal aid program?
Arizona Opinion 91-24 treated the volunteer program and legal aid office as likely separate firms and allowed adverse representations if intake information was protected. It made the answer depend…
Can a lawyer represent a co-defendant of a client represented by the lawyer's spouse, or by the spouse's office?
The committee concluded that a lawyer may represent a co-defendant of his spouse's client only after disclosing the marital relationship and obtaining the client's consent (Rule 1.8(i)), and may not…
Could a lawyer revive a settled fee claim if the client later filed a bar complaint?
Arizona Opinion 91-23 advised against a fee-settlement clause reviving the lawyer’s claim upon a client’s disciplinary complaint. It said the clause risked coercion, undermined bar self-regulation,…
Could a lawyer help a personal injury client obtain a third-party loan secured by claim proceeds?
Arizona Opinion 91-22 permitted limited assistance with an independent lender if counsel had no impairing interest in the lender, did not guarantee repayment, protected client information, and did…
I was hired on a contingency fee and the client fired me before the case ended. What can I recover for the work I already did?
The panel noted that Rhode Island case law lets a client discharge an attorney at any time, with or without cause, and that the discharged attorney's proper measure of recovery is the reasonable…
Can a law firm act as a title insurance agency under its own firm name, or must it form a separate entity?
The committee concluded the Rules do not require a law firm to set up a separate entity to act as a title insurance agency, so long as its method of operation does not otherwise violate the Rules;…
Can a law firm's partnership agreement reduce or eliminate a departing partner's share of accounts receivable?
The committee concluded that a partnership amendment denying withdrawal compensation applied equally to all departing partners, regardless of whether they keep practicing, does not appear to violate…
Did Nebraska's former ethics code require separate lawyers for the personalities of a defendant diagnosed with multiple-personality disorder?
No absent a court ruling that each personality was a separate person entitled to counsel. The 1991 opinion allowed one lawyer to represent the defendant as a single client.
Can a law firm's lawyers volunteer as special prosecutors for a district attorney while other firm lawyers defend criminal cases in the same county?
The committee concluded a firm may take part in a volunteer-prosecutor program while the firm also does criminal defense in the same county only if strict screening, separate supervision, segregated…
Did a Maine judge have to recuse whenever an attorney general’s office lawyer appeared because her spouse supervised its criminal division?
No blanket office-wide recusal was required. The committee found no automatic recusal for unrelated civil divisions, but expected recusal from attorney general criminal cases and discussed…
Can a part-time county public defender also represent criminal defendants in other counties?
The committee concluded there is no apparent conflict in a lawyer serving as public defender in one county while representing criminal defendants in other counties.
Can an in-house lawyer for a company send debt-collection letters on letterhead implying he is outside counsel, and what fee is reasonable?
The committee concluded that using letterhead implying the in-house attorney is independent outside counsel violates Rules 7.1 and 7.5; the collection-department employees' activities may violate…
Can a former assistant solicitor, now counsel to the Foster Care Review Board, handle abuse/neglect matters he worked on as a prosecutor?
The committee concluded that under Rule 1.11(c)(1) the lawyer may not participate, on behalf of the Board, in any matter in which he participated personally and substantially as an assistant…
May a Vermont lawyer take a contingent fee from past-due temporary total disability benefits in a workers' compensation case?
Opinion 91-17 permits a contingent fee limited to recovery of past-due temporary total disability payments, distinguishing ongoing weekly deductions criticized in a disciplinary board decision.
Can a lawyer who serves on county council, which sets magistrates' facilities and pay, practice before those magistrates, and can the lawyer's partner?
The committee concluded the Rules of Professional Conduct do not expressly prohibit a county council member from representing clients in the local magistrate's court, but State Ethics Commission…
Could a Vermont firm defend an insurer in a coverage case after withdrawing from its insured’s personal-injury defense?
Opinion 91-16 said the firm should not defend the insurer because doing so could injure its former insured and use information learned during the earlier representation against that client.
Can lawyers refer clients who need to borrow money to a lender the lawyers helped set up, and pay the lender from the settlement?
The committee concluded that because the lawyers had no financial interest in the lender and merely represented it in setting up its business, the lender's acts are not attributed to them; so…
Could a Vermont firm keep a partner's name in its title while the partner served full time in state government?
No. An open-ended state position expected to last at least eight months prevented active, regular firm practice and created possible confusion about the firm's influence.
Can a lawyer advise a divorce client to secretly tape-record the client's telephone conversations with the client's spouse?
The committee concluded that an attorney may not advise a client to tape-record the client's conversations with a spouse, because secretly recording a conversation without the consent or prior…
Must a Vermont divorce lawyer disclose mutual funds inadvertently omitted from agreed financial discovery after settlement?
Opinion 91-14 requires disclosure of the omitted funds to opposing counsel because the parties agreed to complete asset disclosure and the discovery rule required correction of an inaccurate response.
Can a child-support agency lawyer pursue a defendant he once represented or whose confidential government information he holds, and can the agency be on both sides in unrelated cases?
The committee concluded that an OCSE lawyer may not pursue a defendant he personally represented in a prior OCSE child-support action (Rule 1.11(c)), nor pursue someone whose confidential government…
Did a Vermont lawyer satisfy the former misconduct-reporting duty by telling the court about opposing counsel's conduct?
Opinion 91-13 says a report to the court handling the litigation satisfied former DR 1-103(A), assuming a good-faith belief of a Code violation; a second report to the discipline board was optional.
Can a lawyer charge a contingent fee for non-litigation work like a securities registration, combine it with hourly fees, and advertise it?
The opinion concluded a contingent fee for non-litigation work such as securities registration is not improper if it meets Rule 1.5(c) and violates no other law, that combining hourly and contingent…
Can a lawyer hire as a paralegal a former secretary of a corporation that is an adverse party in the lawyer's litigation?
The committee concluded that a lawyer may hire as a paralegal a former employee of an adverse corporate party, at least where the paralegal had no decision-making role, possesses no privileged…
Could a consulting company’s lawyer give legal services to its customers while disclaiming a lawyer-client relationship with them?
Opinion 91-12 concluded the customers receiving legal services were the lawyer’s clients despite the disclaimer and identified conflicts, fee-sharing, and unauthorized-practice concerns.
Can a law firm's employment contract bar a departing lawyer from soliciting or serving the firm's clients for three years after leaving?
The opinion concluded the clause violates Rule 5.6(a), which bars employment agreements that restrict a lawyer's right to practice after leaving (outside retirement benefits or a settlement), and…
Will the ethics committee pre-clear a lawyer's proposed radio and newspaper ads, and what standards govern attorney advertising?
The committee concluded it would be inappropriate and impractical to pass on the texts and scripts of the many ads attorneys run each year; while the submitted ads did not appear facially improper,…
Can a lawyer who used to negotiate leases for a developer now represent a tenant negotiating a lease with that same former-client developer?
The opinion concluded the lawyer may not, without the former client's consent. Lease negotiation is a substantially related matter where confidences were likely shared, so Rule 1.9 bars the new…
If a client tells the lawyer not to pay a medical provider's lien out of a settlement, must the lawyer honor that, and what changes if the lawyer signed the assignment?
The committee concluded that where the lawyer did not sign the client's medical lien/assignment, his duty of loyalty requires paying the settlement proceeds to the client, and Rule 1.6 bars…
Could a Vermont lawyer use a trade name and advertise a concentrated or restricted practice?
Opinion 91-10 allowed a trade name if it was not misleading or suggestive of a government or public legal-aid connection. It allowed a lawyer to say the practice was concentrated in or restricted to…
Can a lawyer review and finalize estate planning documents that a financial planning company gathered information for and drafted, then sent to the client's chosen attorney?
The opinion concluded the lawyer may aid the company's unauthorized practice of law under Rule 5.5(b), because the company advises clients on and prepares the documents before the lawyer's review,…
Could a Nebraska lawyer employed by a nonlawyer financial-planning company prepare wills and trusts for the company's customers?
No. The 1991 opinion found unauthorized-practice assistance, nonlawyer fee sharing, improper referrals and solicitation, and pressure on the lawyer's independent judgment.
Can a divorce lawyer take a promissory note and mortgage on the marital home as a retainer or fee?
The committee concluded a lawyer may not take a note and mortgage on the marital home as a fee while the divorce is pending, because the home is likely subject matter of the litigation under DR…
Did a party’s lawsuit against a Maine judge or the judge’s complaint against a lawyer automatically require recusal?
No. The committee applied impartiality and reasonable appearance standards, finding no automatic recusal for a plainly meritless or tactical party complaint or for a prior lawyer complaint or…
Can a law firm lease its lawyers through an employee-leasing company whose fee is a portion of the lawyer's pay?
The committee adopted ABA Formal Opinion 88-356 in its entirety, concluding that a firm may use an employee-leasing company to obtain lawyer services where the company's fee is a portion of the…
Did a Vermont plea hearing question or court form praising counsel create a client-confidence or malpractice-limitation ethics issue?
Opinion 91-09 found no Code issue in the stated plea question or court-issued form, because waived rights were not client secrets and the form was not a lawyer attempt to limit liability.
Does a lawyer who serves on an unpaid, advisory village commission hold 'public office,' barring representation of clients before or against the village?
The opinion concluded that an unpaid, appointed volunteer commissioner with only advisory functions does not hold 'public office' for conflicts purposes, so the lawyer may represent private clients…
Could a Vermont lawyer who sat on a bank board represent a private client seeking a loan from that bank?
Opinion 91-08 allowed the representation if the lawyer took no part in the loan decision and fully disclosed the dual roles to the client and bank, with both parties consenting.
When a lawyer represents both a mother and her minor child in a paternity case, can the lawyer obey the mother's order to dismiss the appeal?
The opinion concluded the lawyer may not dismiss the appeal on the mother's instruction. The minor child is the real party in interest, and dismissing after argument would harass or injure the…
Can a lawyer draft a client's will naming himself as personal representative and trustee, and then take commissions and legal fees from the estate?
The committee concluded that a lawyer may, at the client's direction, draft the will and name himself personal representative and trustee unless Rule 1.8(c) applies, may take a personal…
Could a buyer's lawyer sign the seller's declaration describing advice to the buyer and limiting possible later claims?
Opinion 91-07 said the buyer's lawyer should not sign the proposed declaration or counsel the buyer to sign it. The committee saw potential waiver of privilege, limitation of the lawyer's…
If a client tells a lawyer not to report her former attorney's suspected fraud until her claims are resolved, must the lawyer report it anyway?
The opinion concluded that once the lawyer gains unprivileged knowledge that the former attorney violated Rules 8.4(a)(3) or (4), the lawyer must report it to the ARDC under Rule 8.3 despite the…
Did the Committee decide whether a judge’s past public remarks required blanket recusal from future cases involving particular litigants?
The Committee declined to decide future recusal or blanket-disqualification questions, treating them as legal issues for the trial court, litigants, and appellate review.
Can a lawyer send a direct-mail letter soliciting tax-sale property buyers to offer to clear their tax title?
The committee concluded that a lawyer may use written communication to approach tax-sale purchasers known to need title help, but the proposed letter did not comply with Rule 7.3 and needed…
Could Vermont Legal Aid give federal funding monitors access to identifiable client files?
Opinion 91-06 barred unrestricted access to identifiable client files. Monitors could review information relevant to financial eligibility if identifying details and other confidences or secrets…
Can a lawyer bill a client for a secretary's overtime as a separate expense in addition to the legal fee?
The opinion concluded that, in limited circumstances, billing a client for a secretary's actual overtime as a separate expense is proper, where an hourly rate is set under Rule 1.5, the overtime is…
What conflicts arise when one firm's lawyers serve as the county attorney and town attorney while the firm also takes criminal and family-court appointments?
The committee concluded that the firm cannot represent parties adverse to the county or town it advises (such as in abuse-and-neglect cases or defendants arrested by its agencies), and members…
What independence did Vermont's Defender General owe to clients if political officials could influence the office?
Opinion 91-05 says the Defender General must administer defense services free of political direction and protect each defender's independent judgment, regardless of the officeholder's appointment or…
Can a lawyer who won a judgment for a creditor later represent an estate when the judgment debtor is a beneficiary and the creditor garnishes the estate?
The opinion concluded the representation is restricted by Rules 1.7 and 1.9: handling the garnishment for the estate is substantially related to the prior creditor representation, so the lawyer…
Can a lawyer help run a membership organization of lawyers and other professionals that offers subscribers legal consultations and referrals?
The committee concluded that a lawyer may not form a partnership with non-lawyers if any of its activities consist of the practice of law (Rule 5.4(b)), may not assist non-lawyers in the…
Could a Vermont lawyer represent two unrelated clients who might testify in each other’s matters, report a crime, and interview an adverse witness?
Opinion 91-04 allowed the separate representations after disclosure and consent absent a likely conflict; it also permitted the stated good-faith police report and interview of a reasonably believed…
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.