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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When the IRS audits a lawyer, can the lawyer turn over client confidences as part of complying with the audit?
The committee concluded the lawyer must comply with the IRS audit but may not disclose client confidences or secrets except in compliance with the Rules of Professional Conduct.
Is a lawyer who serves as a guardian ad litem in a domestic case the child's attorney, and do the Rules of Professional Conduct apply to that role?
The committee concluded that a guardian ad litem does not serve as the child's attorney but is appointed to investigate and advise the court on the child's best interest, and that a lawyer acting as…
Can a U.S. Department of Justice trial attorney also serve as a judge pro tem in municipal court?
The committee concluded that neither the Rules of Professional Conduct nor the Code of Judicial Conduct prohibited a U.S. Department of Justice trial attorney from serving as a judge pro tem in…
If a client tells a lawyer not to pay over trust funds the client had set aside for a third party, what must the lawyer do with the disputed money?
The committee concluded the answer turned on who owned the funds: if the funds belonged to the client, the lawyer could not disburse them until the dispute between the client and the third party was…
Can a lawyer appear before a court commissioner who previously served as the lawyer's own counsel?
The committee concluded that appearing before a commissioner who had previously been the lawyer's own counsel raised no conflicts with the rules, with the single caveat that the lawyer must not…
When does the attorney-client relationship begin for a public defender whose client is appointed by the court?
The committee concluded that the attorney-client relationship begins when the court appoints a lawyer to represent a client, and that the lawyer's obligation thereafter is to represent the best…
Can a Washington lawyer form a mediation business in partnership with a nonlawyer?
The committee concluded a lawyer could form a mediation service with a nonlawyer if the service was wholly separate and apart from the law practice, but could not form a partnership with a nonlawyer…
Can a Washington lawyer hand out written advertisements at someone else's living trust seminar to solicit attendance at the lawyer's own workshop?
The committee concluded that nothing in the rules prevented handing out the written advertisement at a seminar, but that the proposed materials would be misleading or deceptive in many respects,…
If a lawyer represents both spouses on a personal injury claim and they then divorce and fight over the proceeds, can the lawyer keep representing both?
The committee concluded the lawyer could continue to represent both spouses on the underlying personal injury claim, but if they could not agree on how to distribute the proceeds, they should be…
Can a Washington lawyer charge a contingent fee in a post-dissolution proceeding?
The committee concluded the rule barring contingent fees in domestic relations matters did not prevent a contingent fee in a post-dissolution matter, unless the fee was based on negotiating or…
Can a lawyer report that a prospective client's former lawyer misled the court, when the prospective client says not to?
The committee was of the opinion that, on the facts presented, RPC 1.6 requires the lawyer not to disclose the prospective client's information about the former lawyer's misrepresentations unless…
Can a lawyer pay another lawyer to review draft wills without the client's knowledge or consent?
The committee was of the opinion that RPC 1.6 requires client consent before disclosing confidences or secrets to a reviewing lawyer, and that dividing a fee with that lawyer without the client's…
Can a lawyer advertise and run living trust workshops when the advertisement's information is misleading?
The committee was of the opinion that the information in the proposed advertisement is misleading, so advertising and conducting such living trust workshops would be misleading and in violation of RPC 7.1.
Can a lawyer send an actor posing as a client to a psychologist's evaluation to set up impeachment of the psychologist at trial?
The committee was of the opinion that using an actor to pose as a client for an evaluation, intending to use it to impeach the psychologist's testimony, would be a fraudulent scheme and sharp…
Can a lawyer give a prosecutor client information to rebut a former client's claim of ineffective assistance of counsel?
The committee was of the opinion that, on the facts presented, RPC 1.6 requires the lawyer not to disclose confidences or secrets of the former client to the prosecuting attorney unless ordered to…
Can a lawyer list past verdicts obtained in a yellow pages advertisement?
The committee was of the opinion that advertising statements about verdicts obtained, even if true, are likely to create an unjustified expectation about results the lawyer can achieve in future…
When does an initial consultation with a prospective client create confidences and a conflict that bars later adverse representation?
The committee was of the opinion that the attorney-client relationship exists when a reasonable client believes it does, that information from an initial interview is protected by RPC 1.6, and that…
Is a firm disqualified before a court commissioner whose ex-wife the firm represented, and must it tell its clients about that connection?
The committee was of the opinion that the firm is not disqualified from having cases heard by the commissioner; if relevant, RPC 1.1 and 1.4(b) require disclosing the connection to the client, but…
Must a lawyer tell the client that the adverse party is represented by the court commissioner's former lawyer?
The committee was of the opinion that if it were pertinent to the client's case, RPC 1.1 and 1.4(b) would require disclosing that the adverse party is represented by the commissioner's former…
Can a lawyer hired by a partnership keep representing it in a dispute with one partner who is separately represented?
The committee adopted General Counsel's view that, where the lawyer holds no confidences of the contractor partner and never represented him except as a partner, there is no conflict precluding…
Can a Special Assistant Attorney General who represents the state also represent private clients suing the same state agency?
The committee was of the opinion that RPC 1.7(a) requires the lawyer to obtain the consent of both the state and the client if the lawyer is concurrently representing the state and representing…
Can a lawyer who sometimes represents guardians ad litem also represent clients whose interests are adverse to a guardian ad litem?
The committee was of the opinion that whether a conflict exists depends on whether the lawyer is representing a guardian ad litem at the same time as a client adverse to that guardian ad litem, and…
Does a lawyer have to tell a client whether the lawyer carries malpractice insurance?
The committee was of the opinion that nothing in the rules requires a lawyer to advise a client that the lawyer has malpractice insurance, but if the client asks, the lawyer must either answer…
Can a law firm pay a consulting firm a capped share of its contingent fees for help on athletes' contracts?
The committee was of the opinion that, as structured, paying the consultant out of the firm's fees is fee splitting with a nonlawyer barred by RPC 5.4, though a separate fee contract between client…
Can a former agency law clerk bring a class action against that agency over a legal violation discovered while employed there?
The committee was of the opinion that the lawyer could not represent a class action against the former government employer over a violation discovered during the employment, because doing so would…
Can a lawyer who represents a cooperative housing corporation buy a unit from that same corporation?
The committee was of the opinion that the lawyer could reasonably conclude she could continue to represent the corporation, with full disclosure and written consent, but could not represent the…
Can a lawyer accept a referral fee from a financial services firm for sending clients there for loans?
The committee was of the opinion that a kickback of 1% of loan amounts for referring clients to a financial services firm violates RPC 1.8(f)(2) because it interferes with the lawyer's independent…
Can two firms share a contingent fee, telling the client the firms are jointly responsible and the split will not increase the client's fee?
The committee was of the opinion that the proposed contingent fee agreement complies with RPC 1.5(c)(2) and 1.5(e) so long as both lawyers sign it; it could not comment on the reasonableness of the…
Can a lawyer have ex parte contact with a guardian ad litem during a pending divorce case?
The committee was of the opinion that, unless the guardian ad litem is represented by counsel or the court orders otherwise, nothing in the Rules of Professional Conduct prohibits ex parte…
Can a lawyer work as an 'Advanced Underwriter' for a life insurance company while running a private law practice that exchanges referrals with it?
The committee raised several concerns: the acknowledgment form did not fully disclose conflicts under RPC 1.8, the sales involvement might impair independent judgment under RPC 1.8(f), trading…
Must a lawyer prod the court to enter a long-delayed judgment when the client, who benefits from the delay, does not want the lawyer to do so?
The committee was of the opinion that the lawyer had made reasonable efforts to expedite the litigation consistent with RPC 3.2 and that no provision of the rules obligated the lawyer to do more,…
Must criminal defense counsel disclose a client's criminal history to the prosecutor, and may counsel do so without consent?
The committee was of the opinion that RPC 4.1(a) bars a lawyer from misrepresenting to a prosecutor, but that, as Formal Opinion 188 bars disclosures to a court without client consent, a lawyer…
Can a lawyer take a contingent fee to appeal a divorce when the only issue is the division of community property?
The committee was of the opinion that, on the narrow facts (the dissolution already secured and the appeal not involving a property settlement in lieu of support), RPC 1.5(d) would not prohibit…
Can a lawyer be 'of counsel' to more than one firm, or a partner in two firms, and use the lawyer's name in each firm name?
The committee was of the opinion that there was no ethical impropriety with any of the multi-firm relationships posed, but that the lawyers should be aware of RPC 1.7 conflicts, RPC 1.10 imputed…
Can a firm that once represented a couple now represent the opposing insurer in those former clients' personal injury suit?
The committee was of the opinion that if the matters are substantially related the firm must withdraw under RPC 1.9(a), and that even if they are not substantially related the firm must still…
Can a lawyer simply forgive a client's debt for costs the lawyer advanced?
The committee was of the opinion that under RPC 1.8(e) a client remains ultimately liable for costs advanced, so a lawyer could not 'forgive' that debt, though the lawyer has no affirmative duty to…
Must a defense lawyer tell the court that a client is violating the conditions of a pretrial release order?
The committee was of the opinion, with one dissent, that the lawyer could not disclose that a criminal defendant is violating release conditions except in compliance with RPC 1.6.
Can a lawyer disclose client confidences to the IRS during an audit of the lawyer's records?
The committee was of the opinion that a lawyer may not disclose client confidences or secrets during an IRS audit except in compliance with RPC 1.6.
Can a lawyer pay a paraprofessional employee a salary calculated from the money received in escrow closings?
The committee was of the opinion that RPC 5.4(a) prohibits paying a paraprofessional employee a salary based on money received in an escrow closing, because such payment would constitute fee…
Can a lawyer take on a defendant from a pending case as a new client in unrelated matters if both clients consent?
The opinion concluded that, even with informed consent, a lawyer may not represent a person in unrelated matters when that person is a defendant in a pending suit where the lawyer represents the…
When a former client subpoenas her own file, must the lawyer turn it over, and how does he protect privilege against the other parties?
The opinion concluded the client has a right to documents from her own file, with or without a subpoena (absent a fee dispute or attorney's lien), and to a full accounting of funds handled on her…
If a lawyer practices under a trade name, must the trade name appear in all of the firm's communications?
The opinion concluded that a lawyer or firm operating under a trade name must use that name, together with the name of a lawyer responsible for the content, consistently in all permissible…
Can an organization of judges raise charitable funds, and may a non-judge executive director do the soliciting?
A judge may not personally solicit charitable funds, but the judges' organization may retain a non-judge executive director to solicit; the organization's appeal does not violate the rule if no…
When a current client is about to borrow from the lawyer's former client, can the lawyer disclose the former client's prior securities fraud, and whose consent does the lawyer need to represent the current client?
The committee concluded that the lawyer may not disclose the former client's securities fraud unless the former client consents; that the fraud will usually be material so as to require the former…
Is divorce mediation the practice of law, and can a lawyer co-mediate a divorce with a non-lawyer?
Formal Ethics Opinion 90-F-124, reconsidering and clarifying 83-F-39 and 85-F-98, concluded that divorce mediation is not the practice of law provided the mediator separates legal advice and…
Under Ohio's former Code of Judicial Conduct, could a court referee make political donations, and were there limits on who they could give to?
The opinion concluded that referees, who are treated as judges for compliance purposes, could make political donations, including to a political party, but could not directly or indirectly donate to…
Can a business owned by lawyers operate as an agency that places temporary lawyers with law firms in Ohio?
The Board concluded that a temporary lawyer placement service may operate ethically if it follows guidelines in a written agreement: no fee-splitting with the agency under DR 3-102(A), no agency…
What should a Michigan judge do when asked to disclose privileged information about a client the judge represented before taking the bench?
Where the former client does not consent, the judge must await a subpoena, appear and exercise the attorney-client privilege, and await the presiding judge's instruction on whether to release the…
Can a collections lawyer sell his existing client accounts to a collection agency he partly owns and route new business through it?
The opinion concluded a lawyer may own a collection agency that pursues lawful collection methods, but he may not sell or 'sub-contract' his legal collection accounts to an agency he partly owns or…
Can two Mississippi law firms list each other as 'Of Counsel' on their letterheads and in directories?
The opinion concluded it is not improper for a law firm to designate another law firm as 'Of Counsel' so long as the relationship is close, regular, and personal and the usage is not otherwise false…
Can a Mississippi law firm list a non-lawyer consultant, such as an outside engineer, on its letterhead?
The opinion concluded a firm may not list a non-lawyer engineering consultant who is an independent contractor on its letterhead, because doing so would mislead the public about legal ability and…
What should a Mississippi lawyer do with excess funds in a client trust account when the proper owner cannot be determined?
The opinion concluded that trust-account funds whose proper owner cannot be determined are presumed to belong to clients and must be disposed of under the Mississippi Uniform Disposition of…
Can a Mississippi lawyer provide legal research and writing services to other lawyers outside the firm, and must the arrangement be disclosed to the client?
The opinion concluded a lawyer may provide research and writing services to outside lawyers, but the engaging lawyer must disclose the arrangement and obtain the client's consent unless the client's…
Can a discharged contingent-fee lawyer sue a former client to recover for the work done before being fired?
The opinion concluded a discharged contingent-fee attorney may assert the attorney's lien granted by law to secure fees and expenses and may seek appropriate legal relief for work done before…
May a lawyer who expects to testify as a witness refer the case to other counsel and still take a share of the contingent fee?
The opinion concluded no; a lawyer likely to be called as a witness may not accept employment in the case, and taking a contingent fee while testifying makes the fee an improper payment to a witness…
May a lawyer work with a judge on a law-related education program while the lawyer or the lawyer's firm has cases pending before that judge?
The opinion concluded that communicating with a judge about matters wholly unrelated to pending litigation, such as a law-related education program, is not a prohibited ex parte contact under ER…
If a lawyer admitted in Arizona and the Navajo Nation accepts a Navajo court appointment that Arizona's conflict rules would bar, can Arizona discipline him?
The opinion concluded that, under choice-of-law principles read into the ER 8.5 Comment, the Navajo Nation's ethical rules govern, so a lawyer who complies with the Navajo Nation's rules and court…
Can a law firm that represents a workers' compensation carrier solicit and also represent the injured workers in third-party claims?
The opinion concluded the firm may solicit injured workers only in writing under ER 7.1-7.3 (not in person or by phone for pecuniary gain), and that dual representation of the carrier and the worker…
Can a lawyer who is co-executor and co-trustee have his own firm represent the estate, and what happens if he must testify?
The committee concluded it is not per se improper for an attorney/fiduciary to engage his own firm to handle estate administration, but because he was also a co-fiduciary, the other co-fiduciaries…
Can a Virginia lawyer note a board certification granted by another state's bar, like Florida's tax-law certification, on Virginia letterhead?
The committee concluded that noting a Florida Bar board certification in tax law on Virginia letterhead and business cards is not improper, provided the statement is not false or misleading, the…
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.