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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What can a lawyer do with leftover client trust funds when the owners cannot be found?
The opinion concluded that where trust funds cannot be attributed to a particular client, the lawyer has made a reasonable, good-faith effort to find the owners, and enough time has passed that no…
If a part-time assistant DA once represented a parent, can the rest of the DA's office still prosecute that parent for child-support arrears?
The opinion concluded that a part-time assistant DA's disqualification from prosecuting a former client in a substantially related child-support matter is generally imputed to the district attorney…
Can lawyers participate in a for-profit lawyer referral service that is not operated or approved by a bar association?
Vacated. As originally issued, Formal Ethics Opinion 90-F-122 concluded that it is improper for lawyers to participate in the lawyer referral service promoted and operated by PITLA, U.S.A., Inc., a…
Can lawyers who only share office space keep using their names together on one letterhead after they stop practicing together?
No. The opinion concluded that lawyers who merely share office space may not keep their names together on a letterhead, because doing so falsely implies a partnership in violation of Rules 7.5 and…
Could a magistrate serve without pay on a nonprofit foundation board supporting a state park?
West Virginia JIC Opinion 1990-02 allowed the service if the magistrate complied with former Canon 5B’s litigation, fundraising, and investment limits.
Could a judge or judicial candidate give talks for a cancer society fundraising run?
West Virginia JIC Opinion 1990-01 prohibited participation in any part of the event that solicited funds or used judicial office prestige for that purpose.
Can a New Jersey lawyer be a partner in more than one firm and form a partnership with out-of-state attorneys to share fees?
The Committee concluded that a lawyer may belong to more than one firm and may partner with out-of-state attorneys, and the partners may divide fees as they choose, provided a bona fide law…
Do Arizona's lawyer-advertising rules apply to a professional announcement card mailed to lawyers, clients, friends, and relatives?
The opinion concluded that the ER 7.2 and ER 7.3 advertising restrictions do not apply to a professional announcement so long as it is not false or misleading under ER 7.1 and is sent only to other…
Can a law firm list paralegals and other non-lawyer staff on its letterhead?
The opinion concluded that, under ER 7.1 and ER 7.5, a law firm may list non-lawyer support personnel such as paralegals, administrators, or office managers on its letterhead, business cards, and…
Can a criminal defense lawyer or investigator secretly tape-record a witness interview to get impeachment material?
The opinion concluded that a criminal defense attorney or the attorney's agents may ethically record a witness interview with the consent of one party, both to protect against perjury and to obtain…
I want to mail a letter advertising my legal services to homeowners 65 and older whom I don't know. It's marked 'Advertisement' and offers a free consultation. Does this comply with Rule 7.3?
Mostly yes, with one fix. The panel found the letter proper under the Rules of Professional Conduct except that the word 'Advertisement' at the top of the letter and on the envelope must be printed…
I've been offered a part-time position in a city solicitor's office limited to advising the Zoning Board, and I want to stay at my private firm. Can I still sue the city in unrelated matters like personal injury cases, and does it matter what my specific duties are?
No, and no. The panel held that accepting any position in the city solicitor's office makes the city a client of the attorney, so under Rule 1.7 she may not thereafter represent a client directly…
My new client discharged his first personal injury attorney after rejecting a settlement offer, and that attorney filed a lien for one-third of the rejected offer. Do I have to report the first attorney, and what fee is he entitled to?
The panel could not rule on the first attorney's conduct, but stated it is well settled that an attorney who obtains a settlement offer the client refuses and is then discharged is entitled to…
A lawyer was suspended in 1987 after a felony conviction unrelated to law practice and is now eligible for work release. Can I hire him as a paralegal for duties that don't involve client or court contact?
No. The panel held that Rhode Island Supreme Court Provisional Order 18, item 10, categorically bars a lawyer from employing as a legal assistant any attorney suspended or disbarred by the court,…
If a lawyer learns that a prior discovery response was wrong because the client actually has responsive documents, can the lawyer disclose that over the client's objection?
The opinion concluded that the discovery-correction duty of Federal Rule 26(e) is 'required by law' under DR 4-101(C)(2), so the lawyer may disclose the documents' existence even though it is a…
Can an assistant Commonwealth's Attorney prosecute a perjury case in which his own chief prosecutor must testify about the investigation?
The committee concluded that, because an indictment is a preliminary proceeding (not a conviction) and the defense may offer contrary evidence absent a guilty plea, it would be improper for the…
Could a Colorado law firm list nonlawyer staff on letterhead or give them firm business cards?
Yes. The opinion permitted both when the material clearly identified the employee as a nonlawyer and was not false or misleading, while holding the firm responsible for staff misuse of the cards or…
Can an Ohio lawyer use a telemarketing program that cold-calls people to find clients?
The Board concluded that telemarketing is an intrusive form of solicitation for pecuniary gain that creates the potential for overreaching, invades privacy, and pressures the recipient for an…
Must an Ohio lawyer report another lawyer's misconduct learned while representing a client, and does client confidentiality excuse the duty?
The Board concluded that a lawyer must report unprivileged knowledge of another lawyer's violation of DR 1-102 to the Office of Disciplinary Counsel or a certified grievance committee under DR…
In a private adoption, can a lawyer represent the birth mother while the adoptive couple pays the lawyer's fee?
The opinion concluded a third party (such as the adoptive couple) may pay the lawyer's fee for representing the birth mother only with the client's consent after full disclosure and without the…
Can a New York lawyer write directly to the other driver in an accident, before suit and before knowing if that driver has a lawyer, to ask for a statement?
The opinion concluded that, before suit and before knowing the adverse party is represented, a lawyer may communicate with the party, but the communication must tell the party to refer it to counsel…
Does a lawyer have to tell a client she could file a bar grievance against her former lawyer?
The opinion concluded a lawyer has no ethical obligation to advise a client that she may have grounds to file a grievance against another lawyer, but the lawyer does have an obligation to report…
Could a lawyer run for the legislature while the lawyer’s firm lobbied that body for clients?
The committee said candidacy itself was not barred. If elected, the firm’s lobbying would generally be disqualified unless a qualifying constitutional, statutory, or formally adopted legislative…
May a lawyer who serves on the bar's Board of Overseers, or that lawyer's firm, sue a lawyer who is under disciplinary investigation?
The opinion concluded yes, but only if the Board member holds no confidential information about the lawyer under discipline and removes himself entirely from the disciplinary proceeding; otherwise…
Can a lawyer who refers a case and does no further work still collect a share of the contingent fee?
The opinion concluded yes; Maine's fee-division rule was deliberately written to drop the 'proportion to services and responsibility' requirement, so a pure referral split is permitted if the client…
Does one law-clinic student's conflict of interest disqualify the other students in the same clinic?
The opinion concluded yes; the clinic's student-attorneys are 'affiliated' lawyers whose work the supervising attorneys are professionally responsible for, so the vicarious-disqualification rule…
Can a solo practitioner with no current associates call the firm 'X and Associates'?
The opinion concluded that 'X and Associates' is not a prohibited trade name and is not misleading if the employing lawyer's name is included and the lawyer actually employs other lawyers, but a…
Does a litigant’s threat to complain to the Judicial Inquiry Commission disqualify the judge?
The Commission said the threat alone did not disqualify the judge after the judge refused to discuss the pending case by telephone. It said recusal would be required if the judge actually felt…
May a trial judge give the State Bar Grievance Committee facts about defense counsel’s performance while the conviction is on appeal?
The Commission found no Canon prohibition on the judge submitting an assessment and facts known from the trial to the Grievance Committee, even though an appeal was pending and ineffective…
Can the lawyer who represented the sponsor in a cooperative conversion also represent the new cooperative corporation afterward, agreeing to withdraw if a conflict arises?
The opinion concluded that the sponsor's and the cooperative corporation's interests are almost always differing interests under DR 5-105, so although dual representation is theoretically possible…
What duties applied when a person claimed a firm represented him in a matter the firm had declined?
The committee could not decide whether an attorney-client relationship existed. If it did, withdrawal had to satisfy Rule 1.16; if it did not, the committee saw nothing more the firm could do on the…
Can a lawyer base a contingency fee on both the medical offset the insurer takes and the settlement the client actually receives in an uninsured/underinsured motorist claim?
The committee concluded that an attorney and client may agree to a contingency fee based on both the medical offset taken by the insurance carrier and the settlement actually received, if the…
Can a lawyer represent a husband in a divorce after having represented the wife in an earlier estate matter?
The opinion concluded the lawyer should withdraw: a lawyer may take a matter adverse to a former client only if there is no substantial relationship to the prior representation and the lawyer could…
When an insurer that controls the defense tells the retained lawyer to make an offer of judgment, must the lawyer get the insured's consent first?
The opinion concluded the insured is the lawyer's client; the lawyer may assume tacit consent to an offer of judgment if the insured does not object after reasonable notice, but if the insured…
Can a lawyer for dissenting shareholders or directors discuss pending litigation with members of a corporation's board when the corporation is represented by counsel who has not consented?
The opinion concluded the communication violated DR 7-104(A)(1): the corporation was an opposing party, its directors who could bind it were 'parties,' and the lawyer could not meet with them…
I'm part-time counsel to a state grant program, and part of my salary comes from that program. It denied a city federal reimbursement, and now the contractor the city stiffed as a result wants me to sue the city privately. Can I take the case, and can I refer it to attorneys I share office space and a phone line with instead?
The panel held the attorney may represent the claimant against the city if he obtains the client's informed consent, after full disclosure of his relationship to the grant program, as Rule 1.7(b)…
I'm a consulting attorney for a water district that has no affiliation with a town. One of the town's zoning board members also happens to be a commissioner of the water district. Can I still bring cases before that zoning board under Rule 1.7?
Yes. The panel held that because no inconsistencies arise among the attorney's obligations to his zoning-board clients, his obligations to the Water District, and his own interests, Rule 1.7 does…
I want to run a newspaper ad in the 'Homes for Sale' section labeling myself 'Real Estate Attorney' along with my name and contact information. Do I need to say anything else to comply with Rule 7.4?
The panel found the label 'Real Estate Attorney' falls in a gray area that could mislead a potential client into thinking Rhode Island recognizes a real estate specialty, so to be protected by the…
Opposing counsel represents both my adversary and the party whose insurer is funding the settlement, and he won't tell his own client what the insurance company is offering. Can I contact her directly to explain her rights since he won't?
No. The panel held that Rule 4.2 bars the inquiring attorney from contacting the represented salesperson directly absent her lawyer's consent, no matter how laudable the attorney's motive, and it…
A former customer of my longtime business client called me a few times with general questions and I never billed him for it. Now that customer is disputing money with my client. Did those free calls create a conflict of interest under Rule 1.7?
Yes. The panel held that the salesperson's phone consultations with the attorney created an attorney-client relationship despite the attorney never charging a fee, which activated Rule 1.7, and the…
I was associated with a lawyer's firm years ago. He still represents cases from that period as co-counsel with me, but a new client of his retained him four or five years after I left. Can I represent someone against that new client under Rule 1.9?
Yes. The panel held that because the attorney was no longer associated with his former colleague, Lawyer L, when Ms. B retained Lawyer L's services, Ms. B never became the inquiring attorney's own…
I'm a lawyer who was hired only as a CPA to prepare an estate's tax return. In that role I learned the estate's lawyer is setting aside funds for the administratrix in a way that shortchanges unrepresented heirs. Can I tell the probate court or disciplinary counsel, and am I required to?
The panel held that because the inquiring attorney was retained solely as an accountant for the limited purpose of preparing the estate's tax return, none of the information he holds is protected by…
Opposing counsel's secretary notarized affidavits after the affiants had already signed and left, and he admitted this to the trial justice, who let him fix it and ruled without relying on the affidavits. Do I have to report opposing counsel to disciplinary authorities?
It depends on the inquiring attorney's own reasonable belief. The panel held that if he reasonably believes opposing counsel's conduct rose to the level of seriousness that raises a substantial…
My client insists I drop her appeal and settle, but I'm worried she doesn't understand that doing so could jeopardize her insurance coverage. I sent detailed warning letters and reminders, and she never responded before firing me. Am I clear to file a motion to withdraw?
Yes. The panel held that the attorney's detailed letters and reminder notices satisfied Rule 1.2(a)'s consultation requirement, that a lawyer may not superimpose his own judgment on a client no…
A former client I met with once, years ago and don't recall, now objects to my representing his wife in their divorce, even though opposing counsel told me my former client didn't object and I relied on that for months. Can I keep representing the wife?
The panel declined to decide whether the former client's later-reported consent was informed and binding, holding that the extent or adequacy of disclosure underlying consent is a contested factual…
My wife just became a licensed real estate agent, and I expect probate clients to need to sell real estate. Can I refer them to her?
Yes, consistent with the panel's prior Opinion 88-33 on referrals to a relative's business, a marital relationship between an attorney and a real estate broker does not itself make referrals…
Is a law firm brochure permissible under Alabama's lawyer-advertising rules?
The opinion concluded the submitted firm brochure was permissible because it was not false or misleading and complied with the Temporary Disciplinary Rules governing lawyer advertising and solicitation.
Can a lawyer who is also a director, officer, and shareholder represent the corporation in an acquisition?
The opinion concluded the lawyer may represent the corporation and its board in the acquisition if he fully discloses his personal interests to the board and the board consents, because the board…
Can non-lawyer law students sell legal-research services to lawyers and law firms without it being the unauthorized practice of law?
The opinion concluded that a law-student legal-research business that markets only to lawyers and law firms (not the public), and discloses that its work is not a legal opinion and is merely a…
Can a lawyer who has since been suspended or disbarred still collect fees earned for work done while he was still licensed?
The opinion concluded a suspended or disbarred lawyer may receive, after the date of suspension or disbarment, legal fees to which he was entitled for work performed before that date, and a…
Can a law firm's certified legal secretary or paralegal have a business card showing her credential and the firm address?
The opinion concluded a certified Professional Legal Secretary may list her name, the initials PLS, and the office address on a business card, but the card must also carry the mandatory 'Non-Lawyer…
May a lawyer represent buyers or sellers referred by her attorney-spouse who is the broker, and must she disclose the relationship?
The opinion concluded that if the spouses are law partners they may not represent both buyer and seller; if they keep separate practices, the lawyer may represent a referred client only with…
In settling a malpractice claim, can the accused lawyer require the client to drop or not file a State Bar grievance about the lawyer's conduct?
The opinion concluded that an accused lawyer may not condition settlement of a malpractice claim on the client refraining from filing, or agreeing to withdraw, a State Bar grievance; doing so is…
Can a lawyer (or the lawyer's firm) give a title opinion on property sold by an entity in which the lawyer's spouse owns a small amount of stock?
The opinion concluded that whether a lawyer is disqualified from rendering a title opinion because of a personal financial interest in the selling entity turns on the significance of that interest,…
While serving as trustee under a deed of trust, can a lawyer also act as the lender's attorney in a contested foreclosure, deficiency, or bankruptcy matter?
The opinion concluded that a lawyer serving as trustee under a deed of trust may not take an adversarial role against either the borrower or the lender in any matter arising from the foreclosure,…
Can a lawyer interview a former employee of an opposing corporation without first getting permission from the corporation's lawyer?
The opinion concluded that a lawyer may interview an unrepresented former employee of an adverse corporate party without the corporation's lawyer's permission. The no-contact rule protects only…
Can a lawyer lend money to a personal injury client during the case, for living expenses or anything beyond litigation costs?
The opinion concluded that a lawyer generally may not advance or guarantee financial assistance to a client during contemplated or pending litigation. The one narrow exception lets the lawyer…
When a firm declines a case after reviewing medical records it paid for, can it withhold those records until the client repays the cost?
The opinion concluded that a firm that declines a case after evaluating it must turn over unconditionally to the client any material, such as medical records or expert opinions obtained on the…
Can an assistant district attorney sell media rights to her role in a prosecution, and help develop her character in a screenplay?
The opinion concluded that an assistant district attorney may sell media rights to her role and help develop her character once the prosecution is complete, but may not negotiate or enter such an…
Can a Wisconsin lawyer work with a company that sells living-trust and estate-planning products to review or draft documents for its customers?
The opinion concluded that whether the organization is engaged in the unauthorized practice of law is a threshold issue the committee could not decide, but if it is, a lawyer may not assist it under…
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.