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 lawyer who serves on the county board defend criminal cases prosecuted by that county's state's attorney?
The opinion concluded it is improper. Under In re Vrdolyak and Rule 1.7(b), a county board member's duty of loyalty to the county conflicts with defending criminal cases the county state's attorney…
Does a person's brief contact with a firm's secretary about an accident create an attorney-client relationship that bars the firm from later opposing him?
The committee concluded that whether the contact created an attorney-client relationship is a question of fact it could not decide definitively, but that on these facts, given the absence of legal…
Could a discharged lawyer withhold the client’s file while seeking a contingent fee or asserting a lien?
Opinion 91-03 required delivery of papers and property the client was entitled to receive, and said the lawyer could not delay withdrawal or prejudice the client by withholding the file. It declined…
Can a lawyer join a collection agency's law list and represent the creditor when the agency, not the creditor, retains and communicates with the lawyer?
The opinion concluded a lawyer may represent a creditor retained through a collection agency acting as the creditor's authorized agent, but must verify that authority, keep independent judgment, may…
Can a prosecutor's office mail trial and roll-call notices directly to represented criminal defendants?
The committee concluded that sending such notices to a represented defendant violates Rule 4.2 unless the solicitor's office has the defense lawyer's consent or is authorized by law to give the…
Could Vermont lawyers appear in Yellow Pages practice-field listings?
Opinion 91-02 allowed lawyers to list themselves by field of concentration in the Yellow Pages when a prominent disclaimer explained that lawyers chose their own field listings.
Could a Vermont firm hire a lawyer whose spouse worked at an agency regulating a firm client?
Opinion 91-01 allowed the hire on the stated facts because marriage alone did not disqualify the lawyer, while requiring a case-specific conflict analysis and consent for unrelated representations.
Can a part-time public defender also take contract work writing appellate briefs for the state's prosecutor's office in other districts?
The opinion concluded that a part-time public defender and criminal defense lawyer may accept individual, case-by-case contracts from the State's Attorneys Appellate Prosecutor's Office to write…
Can a lawyer send targeted mail soliciting people known to need legal help, such as accident victims named in news reports?
The opinion concluded a lawyer may initiate contact by mail with prospective clients known to be likely to need legal services, provided the envelope and letter are plainly labeled as advertising…
If a lawyer threatens criminal charges over a bad check to gain leverage, must opposing counsel report it to the disciplinary agency or to prosecutors?
The opinion concluded that even if a lawyer's letter threatening criminal charges to gain an advantage in a civil matter violates Rule 1.2(e), it is not subject to mandatory reporting under Rule…
Can a lawyer prepare wills for a nonprofit's members when the nonprofit gathers the information and relays all communications between lawyer and member?
The opinion concluded the lawyer aids the unauthorized practice of law under Rule 5.5(b) by working through a nonprofit that collects member information and relays all communications, and the…
Can a city prosecutor and a part-time public defender form a law partnership, and what cases must they avoid?
The opinion concluded the partnership is permissible, but neither partner may defend clients charged with that city's ordinance violations or with state charges initiated or supported by that city's…
Can a lawyer who also sells insurance and investments sell those products to legal clients, advertise the side business, and have clients waive that any product advice is legal advice?
The opinion concluded a dual-profession lawyer may sell products to legal clients with disclosure and consent, may advertise and accept legal work from product customers, and may be named as a…
Can one lawyer represent both the buyer/borrower and the lender in a real estate loan, especially if the lawyer is the lender's general or in-house counsel?
The opinion concluded there is no absolute bar to representing both buyer and lender, but consent and continuing disclosure are required and representation must end if a conflict makes it materially…
Must a lawyer withdraw when opposing counsel threatens to sue the lawyer personally over conduct in the case?
The opinion concluded that a lawyer is not required to withdraw when opposing counsel threatens a claim against the lawyer (here, an alleged Fair Debt Collection Practices Act violation) arising…
Can a part-time assistant state's attorney represent a prisoner suing law enforcement officers in a neighboring county?
The opinion concluded that a part-time assistant state's attorney who prosecutes felonies should not represent a prisoner in a civil rights action against law enforcement officials of an adjacent…
Does a lawyer have to report another lawyer's misconduct based on hearsay, and must the lawyer investigate first?
The opinion concluded that Rule 8.3 requires a report only when a lawyer has actual knowledge of a Rule 8.4(a)(3) or (a)(4) violation, so a lawyer with only hearsay knowledge has no duty to report…
Must a public defender's office warn one client that another of its clients is cooperating in an investigation targeting the first client?
The opinion concluded that where one assistant public defender learns, through representing Client B, that Client A (represented by a different assistant in the same office on an unrelated matter)…
If a lawyer must withdraw from a case because of a conflict of interest, can the lawyer still share in the fee earned after the conflict arose?
The opinion concluded a lawyer who must withdraw for a conflict is not entitled to share in the fees from that matter, and on a non-contingent matter is not entitled to any fee earned after the date…
Can a lawyer act as surety on the bond of an estate administrator the lawyer's firm represents, and may a judge appoint a lawyer who contributed to the judge's campaign?
The opinion concluded a firm's lawyers may not act as surety on the bond of an estate administrator the firm represents. It also concluded that campaign contributions do not by themselves bar a…
Does a lawyer's marriage to another lawyer disqualify the lawyer from a case where the spouse's firm represents the police agencies whose officers will testify?
The opinion concluded marriage does not per se disqualify spouses from representing differing interests. An assistant public defender may take felony cases involving officers of cities the spouse's…
Can a lawyer hired by a company that markets living trusts to consumers prepare or review those trusts and split the fee with the company?
The opinion concluded it is professionally improper. Preparing or reviewing trusts an institution sells to consumers creates a conflict between the lawyer's institution-client and the consumers,…
Can a lawyer work with a financial planner who fills out revocable trusts, or pay the planner to send clients to the lawyer?
The opinion concluded a lawyer may not assist a financial planner who is engaged in the unauthorized practice of law (Rule 5.5(b)), and may not give the planner anything of value to initiate contact…
When two lawyers properly share a referral fee, do the rules limit how they split the fee, such as 50/50 for a referral?
The opinion concluded that once a referring lawyer and a receiving lawyer comply with the Rule 1.5 requirements for dividing a fee (written client consent disclosing the division and the referring…
Can a lawyer who serves on a city council, or the lawyer's firm, represent clients before that council?
The opinion concluded that a lawyer who serves on a city council generally may not, and the lawyer's firm generally may not, represent clients before the council because the city's and client's…
Can a lawyer run a separate non-legal business out of the same office as the law practice?
The opinion concluded a lawyer may operate a separate non-legal business (here, computer analysis of structured-settlement values) from the existing law office, because Illinois repealed the rule…
Can a bank prepare a land trust agreement and a deed into trust for a customer without using a lawyer?
The opinion concluded that a bank that prepares an Illinois land trust agreement and a deed into trust for a customer through a nonlawyer trust officer engages in the unauthorized practice of law,…
Can a lawyer accept a referral fee in a case where a conflict of interest bars the lawyer from representing that client?
The opinion concluded a lawyer may share fees with a lawyer in another firm only if the Rule 1.5 disclosure and proportionality (or referral) requirements are met, and may not accept a referral fee…
Does a lawyer hired to represent another lawyer have to report that lawyer's possible misconduct to the disciplinary commission?
The opinion concluded a lawyer retained to represent another lawyer has no duty, and may be prohibited, to report misconduct learned in confidence from that client-lawyer, and the reporting duty…
Can Texas lawyers who only share office space and split costs practice under a common name like 'Law Offices of A and B' without being actual partners?
The Committee concluded that practicing under a common name like 'Law Offices of A and B' represents to the public that a partnership exists, even when the lawyers keep separate finances and do not…
Can a Texas lawyer be disciplined for refusing a mandatory court appointment to defend an indigent criminal client when the lawyer has no criminal experience?
The Committee declined to decide whether a bar association or court may mandate appointments or charge a fee in lieu, calling those questions of law outside its authority. It noted that under Rule…
Does a lawyer employed by a membership organization to help its members have a conflict of interest with the organization that pays him when referrals to outside counsel raise the organization's insurance costs?
The Committee concluded that no conflict exists where the organization neither instructs the lawyer to limit referrals nor interferes with the lawyer's judgment in handling member matters. Because…
Does a lawyer have to withdraw from representing a client when the opposing party says it intends to call the lawyer as a witness?
The Committee concluded no. The lawyer-as-witness rule (Rule 3.08) does not require withdrawal where the lawyer is called by the opposing side rather than by his own client and is not a witness…
Can a lawyer contact an individual city council member directly during a lawsuit when the city is represented by the city attorney?
The Committee concluded that the contact violated Rule 4.02. The rule bars a lawyer from communicating about the subject of the representation with persons who have managerial responsibility for a…
Must an appointed criminal defense lawyer tell the court that the client lied about being indigent, or later became able to afford a lawyer?
The Committee concluded that disclosure is required. Rule 3.03(a)(2) requires a lawyer to disclose a fact to a tribunal when necessary to avoid assisting a criminal or fraudulent act, and Rule…
If a law firm hires a secretary or legal assistant who worked for the opposing firm in a pending case, must the hiring firm be disqualified?
The Committee concluded that disqualification is not automatic. The current rules do not require automatic disqualification to avoid an appearance of impropriety, but Rule 5.03 requires the…
Can a law firm represent a client on appeal when a lawyer in the firm, who won't argue the appeal, testified as a fact witness at the trial?
The Committee concluded that, with the client's informed consent, the firm may handle the appeal. Rule 3.08 limits a lawyer who is a necessary witness from also serving as advocate, but with…
Can a Texas lawyer mail a personalized letter or firm brochure to an accident victim offering legal services?
The Committee concluded that targeted direct-mail letters and brochures to potential clients known to need particular legal services are permitted, consistent with Shapero v. Kentucky Bar…
Can a law firm give a corporate client fee discounts or rebates in exchange for the corporation steering its subsidiaries to hire the firm?
The Committee concluded the arrangement is impermissible. Giving a corporation reduced fees or rebates for causing its controlled businesses to use the firm is a promise of something of value to a…
Can an attorney represent his own spouse in a case where he is not a party but will testify as a witness for her, and can he keep court-awarded attorney's fees?
The Committee answered all questions in the affirmative, provided the spouse would suffer substantial hardship if the attorney did not represent her and the attorney gives the required notice to…
Is an entire district attorney's office disqualified when it prosecutes a defendant who is also the victim and main witness in another case the office is handling?
The opinion concluded one prosecutor's conflict is not imputed to the whole office; the DA and assistants are not per se disqualified from prosecuting a defendant who is also a victim/witness in…
May a California lawyer for a plaintiff suing a corporation talk ex parte to a dissident director of that corporation, when the director has separate counsel who consents but the corporation's lawyer does not?
Per California Formal Opinion 1991-125, no. Former Rule 2-100 treats a director as a 'party' for ex-parte communication purposes; consent must come from the corporation's counsel, not the director's…
Under former California Rule 5-100, may a lawyer's settlement demand letter say that 'all available legal remedies will be pursued' if a prompt settlement is not reached, when the dispute could also support criminal or administrative action?
Per California Formal Opinion 1991-124, yes. The committee concluded that 'all available legal remedies will be pursued' was ambiguous and was not, by itself, the overt threat to present criminal,…
Must a lawyer tell a client that the lawyer is seeking or considering a job with someone whose interests are adverse to that client?
The opinion concluded that a lawyer's focused, concrete interest in future employment adverse to a client is a personal interest under DR 5-101(A) that requires disclosure and the client's consent,…
Can a lawyer take a contingent fee to collect past-due child support when the client can't afford to pay an hourly fee?
The opinion concluded a lawyer may charge a contingent fee to collect child-support arrearages already reduced to judgment, despite Rule 1.5(d)'s bar on contingent fees in domestic-relations…
Can a lawyer use the word 'expert' in advertising?
The committee concluded that using the word 'expert' in lawyer advertising would violate RPC 7.4 because it would imply that the lawyer was a 'specialist.'
Can a lawyer give a client's medical creditors an assessment of their chances of being paid out of settlement funds?
The committee concluded the lawyer could provide creditors specific assessments of their chances of receiving payment, provided the lawyer had the client's consent as required by RPC 2.3.
Can a lawyer keep representing a plaintiff after learning a defendant once consulted with the lawyer's then-partner, if the lawyer holds no confidences of that defendant?
The committee concluded that, where the lawyer had no confidences or secrets of the defendant who had consulted the lawyer's former partner, RPC 1.10(c) permitted the lawyer to continue representing…
Can a law firm's buy/sell agreement condition the firm's purchase of a departing shareholder's interest on a covenant not to compete?
The committee concluded that a buy/sell agreement conditioning the law firm's obligation to purchase a shareholder's interest on a covenant not to compete violates RPC 5.6.
Can a lawyer enter a contingent fee agreement that pays a third-party consultant a referral or finder's fee?
The committee concluded the proposed transaction would be improper under RPC 5.4 because the agreement would provide for a referral or finder's fee to a nonlawyer.
How may a county bar lawyer referral service operate, and what duties do volunteer lawyers owe on confidentiality, limited scope, and withdrawal?
The committee concluded the referral service may refer fee-generating cases to volunteer lawyers competent to handle them, that volunteers may share information with the service except confidences…
How must a lawyer handle the advance and collection of litigation costs in a Longshore and Harbor Workers' Compensation Act case?
The committee concluded the lawyer must comply with RPC 1.8(e) on advanced costs, and that how those costs are collected must conform to the governing statute, an interpretation question the…
Should a lawyer keep the fees owed to a referral service in the client trust account?
The committee concluded there is no attorney-client relationship between the lawyer and the referral service, so the funds owed to the referral service are not client funds and should not be held in…
Can a city attorney privately represent an investor in an unrelated matter when that investor is also negotiating a development with the city?
The committee concluded that, as presented, there did not appear to be a clear violation of the conflict rules as long as there was full disclosure to all parties under RPC 1.7(b), and it expressly…
Is a government law office, such as the Attorney General's Office, exempt from the rule restricting the employment of a disbarred lawyer as a paralegal?
The committee concluded that nothing in RLD 1.1(h) or Formal Opinion 184 excepts the Attorney General's Office from the requirements of that rule and opinion governing the employment of a disbarred lawyer.
Can a firm sue a city over a development when it represents the developer's architect on an unrelated matter but plans to withdraw, and the architect is not a party?
The committee concluded that, on the facts presented, there was no conflict of interest preventing the firm from undertaking the proposed representation.
Is a lawyer's proposed 'scrivener service' helping pro se dissolution parties fill out pleadings the practice of law, and does it comply with the rules?
The committee concluded the proposed 'scrivener service' was the practice of law and that the proposed contract was fraught with violations of the Rules of Professional Conduct; it declined to…
Can a retainer agreement let a legal services center negotiate the merits of a claim separately from attorney fees?
The committee concluded the agreement complied with RPC 1.2, because the rule permits limiting the objectives of the representation as long as the lawyer abides by the client's decision whether to…
Can a lawyer help a client re-title or refinance property the client had fraudulently conveyed, and must the lawyer report the past fraud?
The committee concluded the lawyer would be assisting a fraud by helping the client re-title or refinance the property and could not do so, but that because the lawyer learned of the past fraud…
Can a lawyer take a case against a parent whom the lawyer's former law partner once represented in a related matter?
The committee concluded the matter was governed by RPC 1.10, and that the lawyer had to determine whether he held confidences or secrets of the objecting party; if he did, the rule would require his…
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.