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 a client and a third party both claim settlement money in the lawyer's trust account, can the lawyer interplead the funds into court?
The opinion concluded that where the client had assigned part of a settlement to a healthcare provider but then revoked the assignment and told the lawyer not to pay, the lawyer was justified in not…
Can a legal aid lawyer hand an unrepresented indigent person her card in court and offer to represent them for free?
The Board concluded that a legal services lawyer may ethically make an in-person, no-fee offer to represent an indigent defendant who has appeared in court without representation, because the Code's…
Who does a child support enforcement (CSEA) attorney represent, and what conflicts limit a part-time CSEA attorney's private practice?
The Board concluded that the CSEA attorney's client is the state-at-large in both AFDC and non-AFDC cases, so the custodial parent must be told at the outset that the attorney represents only the…
Can an Ohio lawyer who is also a licensed real estate agent represent the same client as both lawyer and realtor, and how must the lawyer handle letterhead, fees, and office sharing?
The Board concluded that a lawyer should not concurrently serve one client as both lawyer and realtor, may not list a non-legal business like 'realtor' on legal letterhead or signage under DR…
Could a Minnesota lawyer file an attorney lien against a client's homestead?
Under this now-repealed opinion, a lawyer committed misconduct by filing an attorney lien against a client's homestead, or the client's interest in it, without first obtaining a valid waiver of the…
Can a lawyer refuse to let a former client find out what is in the client's file?
The committee concluded that refusing to let a former client ascertain the contents of his file is presumptively prejudicial and violates DR 2-108(D); the lawyer must explain and furnish a list of…
How should a lawyer compute a contingent fee when the case resolves through a structured settlement that pays the client over time?
The fee must be reasonable and the computation method must be stated in the fee contract (Rule 1.5). If the lawyer takes the fee in a lump sum, the opinion says it should be a percentage of the…
May a Kentucky lawyer practice law for profit under a trade name, given that ABA Model Rule 7.5 permits non-misleading trade names?
No. The opinion concluded Kentucky lawyers may not practice under trade names; the Supreme Court deleted the trade-name language from Rule 7.5 and rejected trade names in Simon v. KBA, so the rule…
My newspaper ad has graphics, says my office is 'equipped to handle' certain types of cases, gives my name and contact info, and doesn't compare me to other lawyers. Does it comply with the advertising rules?
Mostly. The panel found the advertisement complies with Rule 7.1 (not false or misleading) and Rule 7.2 (permissible newspaper advertising with the attorney's name included), but held that to…
I defend an insurance company's workers' comp claims against one of its large self-insured-up-to-a-deductible clients. A different worker, employed by an unrelated policyholder of the same insurer, now wants me to represent her against the insurer directly. Can I take her case with everyone's consent?
Yes, if the informed-consent requirements are met. The panel held the attorney may properly represent the injured worker in connection with her work-related injuries provided he obtains consent from…
A residential mortgage lender wants to pay me for closing and title work, but keep the 'document preparation' portion of the fee itself as extra compensation for documents it prepared. Is that fee-splitting arrangement proper?
No. The panel held it is a violation of Rule 5.4 and G.L. 1956 Section 11-27-3 for the attorney to participate in either fee arrangement described, because if document preparation is a legal…
My law license was suspended, but I'm still serving as an administrator (represented by counsel) in one probate estate and as a co-executor (unrepresented) in another. Can I keep serving in these roles during my suspension?
No. The panel held that for the attorney to act as administrator, even though represented by counsel, or as a co-executor during the term of his suspension from the practice of law would be a…
I collected a lien pay-off owed to a client I filed suit for years ago, but I can't locate him despite calling, mailing to his last known address, and requesting a postal check. What else must I do, and what happens to the money if I can't find him?
The panel held that attempting to contact the client by telephone and telephone company records, by mail, and by postal check satisfies the attorney's obligation to exercise diligence in locating…
An out-of-state firm with no Rhode Island-licensed lawyers wants to open a Rhode Island office under its own name, listing me on the stationery as 'Of Counsel' with jurisdictional limitations noted. Is this proper?
Not as described. The panel held it would not be proper for the attorney to staff a Rhode Island office of the out-of-state firm if his relationship is, in fact, less than that of partner or…
My client discharged me after I'd hired and paid for expert witnesses out of pocket in his malpractice case. I gave his new lawyer the expert reports with the experts' names redacted, and I want reimbursement before I release the names. Do I have to turn over the experts' identities under Rule 1.16(d)?
No. The panel held that the experts' identities resulting from the inquiring attorney's own research are his work product and, as such, do not constitute "papers and property to which the client is…
I want to mail unknown business owners a letter saying my firm 'emphasizes collections and bankruptcies' and 'knows the area inside and out,' with 'Advertisement' marked in the same type size as the body. Does this comply with Rules 7.3 and 7.4?
The panel did not approve the letter as a whole. It said the word 'Advertisement' must be printed in type one size larger than the largest type used in the letter (it was only the same size), and to…
When County Counsel has a conflict of interest in a juvenile dependency case, can it keep representing the agency and just drop the child, or must it withdraw from representing both?
The committee concluded that when County Counsel has a conflict between the child and the Department of Children's Services, County Counsel should be relieved of representing both, and the court…
Can a law firm act as a neutral 'escrow agent' preparing closing documents for both the buyer and seller of a business?
The opinion concluded no; drafting closing documents requires independent judgment for both sides whose interests diverge, and it is not 'obvious' the firm can adequately represent each, so the…
Can volunteer lawyers serve as administrative judges or mediators for an agency and also represent parties before it, and can a firm represent complainants against the City it also serves?
The opinion concluded that whether a volunteer judge's or mediator's firm is disqualified turns on whether the role is treated as a part-time judge (firm-wide disqualification) or a judge pro…
Can a Colorado lawyer settle a malpractice claim with their own client, and what protections does the client get?
The opinion concluded that a lawyer may settle a client's malpractice claim against the lawyer only after disclosing the facts and the nature and extent of the claim, advising the client (preferably…
When an insurer defends under a reservation of rights and pays for independent counsel, can the lawyer follow the insurer's billing and litigation-control requirements?
Only to a limited extent. The opinion concluded that independent counsel may not comply with insurer billing or litigation-control requirements that materially limit the representation or interfere…
Must a real estate lawyer tell a new buyer-client that he once drafted the broker's standard purchase-and-sale form?
The opinion concluded no; the lawyer's past authorship of the broker's form and occasional unrelated advice to the broker were not connections he should reasonably have known would influence the…
Can a firm take a matter against a former client once all the lawyers who handled that client have left the firm?
The opinion concluded that a firm may represent a client against a former client in a substantially related matter once all the firm lawyers who represented the former client have left and no…
Can a lawyer require a client to agree to arbitrate all fee and malpractice disputes in the retainer agreement?
The opinion concluded that a lawyer may not insist that a client sign a fee agreement requiring arbitration of all fee and malpractice disputes unless the client is actually represented by other…
When a Michigan lawyer leaves a law firm to start a new practice, can the lawyer mail announcements to clients of the former firm?
The opinion concluded that a departing lawyer, whether an associate or a partner, may send announcements stating the lawyer's new association, address, and phone number to clients of the former…
If a woman consulted a lawyer about her divorce, can another lawyer in that same firm later represent her husband in the divorce?
No. The lawyer who consulted with the wife is disqualified from representing the husband, and that disqualification is imputed to the entire firm, even if no fee was charged and the lawyer kept no notes.
When can a lawyer or firm use the title 'of counsel' to describe a relationship with another lawyer or firm, and what conflicts consequences follow?
The opinion concluded that the title 'of counsel' (and variants like 'counsel,' 'special counsel,' or 'senior counsel') may be used as long as the relationship between the lawyer and the firm is a…
Can a New York lawyer accept a referral fee and pass half of it to a former associate who has since been disbarred?
The opinion concluded that a lawyer may accept a referral fee that satisfies DR 2-107(A), and may pay a disbarred former associate a share of fees that accrued up to the date of disbarment,…
Can a New York lawyer hire a collection agency to collect an unpaid legal fee from a client?
The opinion concluded that, overruling earlier guidance, a lawyer may use a collection agent to recover a fully earned legal fee, but only after exhausting all reasonable efforts short of litigation…
As this later-overturned opinion originally held, could a city prosecutor defend state-charge cases in county court?
As issued, the committee said the city prosecutor could not defend in county court if the appointment included prosecuting transferred city cases there. It said excluding those transferred cases…
When must a New York lawyer report another lawyer's misconduct, and what does the amended DR 1-103(A) change about the knowledge required and the conduct covered?
The opinion concluded that the 1990 amendment to DR 1-103(A) keeps mandatory reporting but requires actual knowledge (not suspicion), limits the duty to misconduct raising a substantial question…
Does a lawyer's part-time employment by a university bar his firm from defending a former university employee in an unrelated criminal case?
The opinion concluded the representation was proper after disclosure and consent: there was no attorney-client relationship with the university, so the criminal case created no conflict, and a…
When an insurance company's salaried staff lawyer defends an insured, who is the client, and can a non-lawyer claims supervisor direct the lawyer's work?
The opinion concluded the insured, not the insurer, is the staff lawyer's client; the lawyer must keep his independent professional judgment free of direction by the company or its non-lawyer claims…
Must a judge recuse whenever a firm employing the judge’s teenage daughter as a part-time clerk appears?
The Commission said the clerical employment alone did not require recusal. The judge had to assess the particular facts, and disqualification would follow if the daughter discussed the case or…
Does a fifth-degree family relationship to a party’s lawyer itself disqualify a judge?
No. The Commission said the described relative, the child of the judge’s father’s first cousin, was outside Canon 3C’s fourth-degree rule, so the relationship alone did not require recusal.
Can a part-time judge pro tempore serve as an officer or board member of a political party organization in Ohio?
The Board concluded that Canon 7(A)(1)(a) bars a judge, a judge pro tempore, or a judicial candidate from acting as a leader or holding office in a political organization, and that a judge pro…
When a client has given fabricated records to an agency, must an Ohio lawyer disclose the fraud, or does confidentiality control?
The Board concluded that information about a client's fraud is privileged and may not be disclosed unless permitted under DR 4-101(C); a lawyer may not offer false evidence, must try to persuade the…
Can a lawyer suspended from practice work as a paralegal in an Ohio law office under a licensed lawyer's supervision?
The Board concluded that a suspended or disbarred lawyer is not prohibited from working as a non-lawyer paralegal in a law office, provided the office exercises close supervisory control to prevent…
Can an Ohio judge ask the local bar association to help with a program without creating an appearance of impropriety?
The Board concluded that a judge may suggest or encourage a local bar association to become involved in a program relating to the law, the legal system, or the administration of justice, but a judge…
Can an Ohio criminal defense lawyer disclose a client's identity on IRS Form 8300 when the client pays a cash fee over $10,000?
The Board concluded that a lawyer may not reveal a client's confidences or secrets except as permitted under DR 4-101(C), so a criminal defense lawyer who believes in good faith that disclosure…
Can a law firm call a retired attorney who merged in and became a salaried employee 'Senior Attorney' on the letterhead, and when is 'Of Counsel' proper?
The Board concluded that an associate or salaried partner may not be designated 'Of Counsel,' which requires a close, continuing, non-partner relationship, but that an older attorney who merged a…
When a partner leaves a firm, what may the remaining partners do about that partner's clients, files, and a liability release?
Under the former Virginia Code, the committee rejected in-person solicitation of the departing partner's clients and a required liability release. Conditioning file release on payment violated DR…
As a prosecutor I convicted a driver for a fatal driving-to-endanger charge. Now that I'm in private practice, the victim's father wants me to represent him in a civil suit against that same driver and the town over the same death. Can I take the case?
No. Applying Rule 1.11's bar on a lawyer representing a private client in connection with a matter the lawyer participated in as a public officer or employee, and the rule's broad definition of…
Can a criminal defense lawyer keep representing defendants while applying for a job at the U.S. Attorney's office?
The opinion concluded that a lawyer who mainly does criminal defense may keep representing defendants while seeking a position with the U.S. Attorney's office, provided each client consents after…
Does a lawyer violate the no-contact rule by serving a statutorily required notice directly on a represented adverse party?
The opinion concluded that a lawyer does not violate Rule 4-4.2 by complying strictly with a statute requiring notice or service of process directly on the adverse party, provided the contact is…
Does the no-contact rule require a lawyer to get permission before interviewing a nonparty witness who has her own lawyer for the same matter?
The opinion concluded that, once a lawyer learns a nonparty witness is represented by counsel concerning the matter, the lawyer must obtain that counsel's permission before discussing the matter…
At a real estate closing, must the attorney collect all earnest money in certified funds and handle every dollar, and can the buyer's lawyer charge the seller a fee?
The opinion concluded that a closing attorney need not collect earnest money in certified funds and may disburse against provisionally credited funds when virtually certain the deposit will clear…
Can a town attorney who advises the police department, or members of his firm, represent criminal defendants arrested by that town's police?
The opinion concluded that a lawyer who serves as town attorney and advises the police department in effect represents the police, so representing criminal defendants arrested by town police would…
Can a lawyer ethically sell 'do it yourself' divorce kits to the public?
No. The opinion concluded that selling self-help divorce kits is inconsistent with the competence duty of Rule 1.1, because the buyer is likely to assume the kit meets their needs without further…
Can a lawyer for a free public library's board of trustees represent private clients before the town's court and boards?
The Committee concluded that representing a free public library's board of trustees does not preclude the lawyer or the firm from representing private clients before the municipality's court,…
Can a firm that defends a town for its insurer also appear before the town's boards or file tax appeals against the town?
The Committee held that a firm retained by a municipality's insurer (or by a self-insured town's joint insurance fund) to defend tort suits is not part of the town's 'official family,' so it may…
Can a law firm use a title insurance agency owned by one of its own associates for the firm's real estate clients?
The Committee held that a firm may not use a title insurance agency owned by one of its associates to service the firm's real estate or mortgage-lender clients; the inherent conflict cannot be cured…
May a judge who presides over a personnel board’s appointing authority hear cases involving board members in their official capacity?
The Commission required recusal from proceedings involving Personnel Board members in their official capacity because the judge’s supervisory appointment role could reasonably call impartiality into…
May a judge writing a commercial legal treatise use a judicial title on the cover and advertising brochure?
The Commission permitted factual identification as judge or justice on the treatise and brochure, but said the brochure should contain only factual claims. It rejected the proposed “Expert Guidance…
Would the Canons permit a juvenile judge to participate in informal truancy adjustment if proposed court-rule amendments were adopted?
The Commission said the Canons would permit participation if the proposed amendments were adopted and expressly allowed judges in the process. It cautioned judges to observe Canon 3, particularly…
May a judge publish educational newspaper articles about juvenile justice and direct the payment to charity?
The Commission permitted the described articles if they did not cast doubt on the judge’s impartiality or give legal advice. It also said the Canons did not prohibit the newspaper’s donation of the…
May a family court judge serve on a United Way board without participating in fundraising?
The Commission permitted board service even though the organization primarily raised charitable funds, while discouraging the judge from soliciting funds and requiring attention to Canon 5B’s other limits.
May a judge use state bailiff funds to pay an eighteen-year-old daughter who has volunteered in the judge’s office?
The Commission said no. Paying the daughter as bailiff would first require the judge to appoint her, which the Commission said violated Canon 3B(4)’s merit and anti-nepotism limit as read with the…
How long did the judge’s truancy-case disqualification from a letter to parents last?
The Commission said the disqualification identified in Opinion 89-381 covered truancy cases arising in the school year when the letter was mailed and intended to be effective. It treated the program…
May a retired circuit judge work as a paid private mediator or arbitrator?
The Commission said the answer depends on active-duty status: retired judges generally were exempt from Canon 5E, but a retired judge serving full time on a state court had to comply with all…
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.