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 public defender office set up a separate conflicts unit so its lawyers can represent co-defendants whose interests conflict, the way a separate firm could?
The opinion concluded that because the State Public Defender Office is a single 'firm,' the Rules prohibit one trial-division lawyer and one conflicts-office lawyer from representing co-defendants…
Can a part-time city attorney, or another lawyer in the same firm, defend criminal cases in which city police officers may be witnesses?
The opinion concluded that such representation should not be accepted unless the lawyer or firm can fully comply with SCR 20:1.7(b), which would require the informed written consents of the…
Can a lawyer charge interest, such as 1% per month, on a client's overdue fee and cost balances?
The opinion (revised April 17, 2020) concludes that a lawyer may charge interest on delinquent fee and cost balances if the interest is reasonable under SCR 20:1.5(a) and the client was given…
When a client pays a cash fee over $10,000, must a lawyer disclose the client's identity to the IRS on Form 8300?
The opinion concluded that a lawyer may not disclose a client's identity or fee information without the client's informed consent (SCR 20:1.6(a)), and that before accepting a cash fee over $10,000…
Can a lawyer advertise holding a public office, or advertise being licensed in another profession such as medicine or accounting?
The opinion concluded that a lawyer may advertise holding a public office or position, subject to SCR 20:7.5(c) (a public officeholder's name may not be used in a firm name while the lawyer is not…
Can lawyers who only share office space use the same letterhead or a joint name to hold themselves out to the public as a firm?
The opinion concluded that lawyers or firms who associate only to share office space, equipment, library, personnel, or other resources are prohibited from sharing the same letterhead and may not…
May a county bar association give gifts to judges, and if so, what limits apply?
The committee concluded that lawyers' gifts to judges are highly restricted and almost always improper; invitations to bar-related events and properly conducted, anonymous judicial portrait or…
Does a public defender's office have to stop appearing before a circuit judge because the judge's son works in that office?
The committee concluded that the Rules of Professional Conduct do not prohibit members of the public defender's office from appearing before the circuit judge, because Rule 1.8(i) addresses only…
Does insurance-defense counsel violate the rules by telling opposing counsel he has no authority to negotiate because the insurer controls settlement?
The committee concluded that, assuming the insured has limited the scope of the representation under Rule 1.2 and consented to the insurer directing litigation and settlement, defense counsel's…
Can a lawyer sue an opposing lawyer for malpractice on behalf of the very party his former client defeated, when he holds the former client's confidences?
The committee concluded that the lawyer must protect the confidential information received from his former client, and that unless the former client consents or the information has become generally…
Does a lawyer who received a gift of property from a grandparent have an ethical duty to reconvey it to a parent to honor the grandparent's unwritten wishes?
The committee concluded that, because the attorney-grandchild had no fiduciary, confidential, or attorney-client relationship with the grantor, no ethical rule requires the grandchild to fulfill the…
Can a lawyer trade help collecting a doctor's bills for patient referrals, and can a non-law business tell customers its lawyer escrows all sale proceeds?
The committee concluded that a lawyer may not exchange assistance in collecting a doctor's medical fees for referral of clients, because that gives something of value for a recommendation contrary…
Are a lawyer's television ads permissible when they compare the lawyer's services and experience to those of other attorneys?
The committee concluded that the proposed television advertisements appeared to comply with Rule 7.2's permitted content, but that because they appeared to compare the lawyer's services and…
When a new client describes possible misconduct by their prior lawyer, must the lawyer report it, and will the committee judge the prior lawyer's past conduct?
The committee declined to evaluate the other lawyer's past conduct, explaining it opines only on prospective conduct, and concluded that if the inquiring lawyer believes the other lawyer committed a…
Can a firm mail its brochure to people who attended a seminar its lawyers presented through a for-profit education company?
The committee concluded that mail solicitation is permitted so long as it is not false or misleading and complies with Rule 7.3's disclosure and filing requirements, and that it does not matter the…
Can a lawyer participate in a referral service run by the state Highway Patrol that sends accident victims to participating attorneys?
The committee concluded that a lawyer should not participate in a lawyer referral service operated by the South Carolina Highway Patrol, because troopers referring victims to specific attorneys may…
Can a lawyer who serves on county council sue an elected or appointed county official, like the sheriff, on behalf of a private client?
The committee concluded that the suit is barred only if Rule 1.7(b)'s two preconditions are met (the lawyer-councilman has a responsibility to the proposed defendant, and that responsibility would…
Can a firm sue a former insurance-company client over the same kind of benefit-denial claims it once defended, and does reusable legal research create a conflict?
The committee concluded that a Rule 1.9 conflict exists to the extent the prior and present matters share a common course of conduct or company policy, which would make them substantially related;…
Can a lawyer take a matter from an out-of-state collection agency on terms that forbid the lawyer from contacting or billing the actual client?
The committee concluded that if the agency is engaged in the unauthorized practice of law the lawyer is barred by Rule 5.5 from assisting it, and that even if it is not, the lawyer could not accept…
Can a lawyer who personally investigated the case and talked to a key witness still try the case, or must the lawyer step aside as a necessary witness?
The committee concluded that if the lawyer is a necessary witness, Rule 3.7 disqualifies the lawyer from acting as advocate unless the lawyer can show that disqualification would work a substantial…
Can a lawyer sponsor a Yellow Pages '900-number' service that plays the firm's recorded pitch after free recorded legal information?
The committee concluded that the recorded advertisement following the free legal information would not be false or misleading under Rule 7.1, but that the arrangement is a recorded solicitation…
After a closing ends, can the closing attorney report a mortgage broker client's suspected fraud to the lender or law enforcement?
The committee concluded that, where the closing attorney represents the mortgage broker, Rule 1.6 bars revealing information about the broker's fraud to the lender, law enforcement, or Consumer…
Could a Nebraska county attorney prosecute a second cousin with whom the prosecutor had no social or business contact?
Yes. The 1990 opinion treated a second cousin as a distant relative and required case-specific review of personal ties, public perception, and fairness.
Can a lawyer represent both the bank and the borrower at a residential mortgage loan closing?
The committee concluded a lawyer may represent both lender and borrower to close an institutional mortgage loan in limited circumstances, after reviewing the documents for conflicts and obtaining…
If a firm prepared an adoption agreement for both the adoptive couple and the birth mother, can it later sue the birth mother for the couple?
The committee concluded that, under Rule 1.9(a), if the firm represented both the adoptive couple and the birth mother, it may not later represent the couple in a suit against the birth mother to…
Can married lawyers appear on opposite sides of the same criminal appeal, one for the state and one for the defendant?
The committee concluded that Rule 1.8(i) permits married lawyers to represent adverse clients in the same matter only with each client's informed consent, and that the appellate nature of the…
I'm a part-time Probate Judge appointed by my town's Town Council. Can I still represent private clients before that town's Planning Board and Zoning Board?
Yes. The panel held that representing clients before the Planning Board or Zoning Board does not involve any conflict between the interests of the attorney's client and those of the attorney's…
If a defense lawyer is the only witness to a statement a trial witness now contradicts, must the lawyer withdraw to testify, and does being sole counsel change that?
The committee concluded that, under Rule 3.7, a lawyer likely to be a necessary witness to impeach another witness must withdraw as trial advocate unless disqualification would cause substantial…
Can a lawyer who sits on a state youth-services board represent a juvenile in a delinquency case that the agency makes recommendations in?
The committee, reconsidering its earlier opinion under the new Rules, concluded there is no blanket bar: because the board member only sets agency policy and does not adjudicate or have…
How should a law school graduate who is awaiting bar exam results sign correspondence for a law firm without misleading anyone?
The committee concluded that a law graduate awaiting bar results may sign firm correspondence on matters for which a supervising lawyer takes responsibility, but must make his nonlawyer status…
May a county attorney recruit a taxpayer plaintiff, including through the news media, to bring a declaratory-judgment test case?
The committee concluded the county attorney could seek a taxpayer plaintiff if he followed safeguards: Rule 1.8(e) and (j) are not violated absent financial assistance or a proprietary interest,…
Can a paralegal or legal assistant carry a business card showing the law firm's name?
The committee concluded that no rule specifically governs nonlawyer business cards, but because a card is a communication like a letterhead, it is permissible under Rules 7.1 and 7.5 so long as it…
After closing a mortgage for the borrower, can the same lawyer later update the title, file a lis pendens, or handle the foreclosure for the lender?
The committee concluded that, assuming the lawyer represented the borrower or all parties at closing, updating the title is permissible because it only reports public record, but filing a lis…
If a lawyer drafts a client's will naming himself executor and trustee, may he take both an executor's and a trustee's commission?
The committee concluded the question was not directly governed by the Rules: the lawyer could take a double commission on the same terms a non-lawyer could, but any commission method set in the will…
When a law firm partner sits on city council, can the firm's other lawyers represent clients against the city or appear in city court?
The committee concluded that a councilman partner is barred under Rule 1.7(b) from representing clients adverse to the city, and that bar is imputed to the firm under Rule 1.10(a); but the Rules do…
Could a Nebraska lawyer tell federal marshals the location of a former client wanted for armed robbery?
Generally no if the location was learned through the representation. Disclosure was ethically permitted for a future crime, client consent, or a legal or court requirement, but was not mandatory…
Can a lawyer reveal a former client's criminal record to warn an employer when the former client takes a job that puts vulnerable people at risk?
The committee concluded that if the lawyer believes the former client is 'reasonably likely' to intend a crime against the children in his care, the lawyer may, after trying to persuade the client…
Is Georgia Formal Advisory Opinion 90-2 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 90-2, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the…
Does a lawyer violate the rules by telling an opposing witness, after her deposition, that the deposition could have been skipped if the other side agreed not to call her at trial?
The committee concluded that disclosing such an offer to the witness after her deposition did not violate Rule 3.4, because it neither obstructed discovery nor asked the witness to refrain from…
In an uncontested divorce, can one spouse's lawyer draft and file a responsive pleading and waiver of appearance for the unrepresented other spouse?
The committee concluded that a lawyer may draft and submit a responsive pleading and waiver of appearance for the unrepresented opposing party in a divorce, but only after deciding, on the facts,…
Can a lawyer advise a client to talk directly with an adverse party who has their own lawyer, without that lawyer's consent?
The committee concluded that Rule 4.2 restricts the lawyer's own contact, not the parties', so a lawyer may tell a client it is permissible to speak directly with a represented adverse party, as…
Can law firm principals own a life insurance agency and refer their estate-planning clients to it for commissions?
The committee concluded the arrangement appears permissible only with full written disclosure and the client's written consent, and only if the lawyer constantly acts in the client's best interest…
Can a former assistant solicitor defend criminal cases in the county where he served, and does it matter that his spouse is still a solicitor there?
The committee concluded that a former assistant solicitor may defend in the county where he served, except in a matter he handled personally and substantially as a public employee (which needs the…
Can a lawyer voluntarily disclose the identity of his clients and how much work he does for them, for instance in his own divorce discovery?
The committee concluded that client identity and the amount of work done for a client are information relating to the representation protected by Rule 1.6(a), so the lawyer may not voluntarily…
If an associated co-counsel in a contingency case is court-ordered to withdraw, can he still recover a share of the fee, and how is it measured?
The committee concluded that a co-counsel who worked on a contingency case without disqualification but was later ordered by the court to withdraw, through no fault of his own, may recover a…
Can lawyers own a corporation that processes insurers' Second Injury Fund claims, as long as it only does paperwork and refers any litigation out?
The committee concluded that lawyers may own and operate such a corporation if its activities are purely ministerial (preparing claim forms); giving legal advice, negotiating, or appearing at…
When a law firm member serves as a part-time municipal judge, can the firm's other lawyers appear before that same court?
The committee concluded that a part-time municipal judge may not practice in the court he serves, and that disqualification is imputed to his law partners, who may not appear before that court…
Could a Nebraska county public defender pursue habeas relief alleging ineffective assistance by former lawyers from the same public defender office?
No. The 1990 opinion treated the conflict as imputed through the office and continued the disqualification previously applied to state post-conviction proceedings.
May a judge serve on an educational institution’s board and attend its fundraising dinner?
The Committee allowed board service and ordinary attendance at the dinner if the institution did not regularly litigate and the judge took no part in fundraising or appear as a featured participant.
Can a criminal defense lawyer warn the authorities that the client's associates plan to murder a witness?
The committee concluded the lawyer has discretion to reveal enough information to prevent the murder: if the information is a confidence or secret, DR 4-101(C)(3) (and its analogy) permits…
Is Georgia Formal Advisory Opinion 90-1 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 90-1, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the…
Can a lawyer run an estate-planning arrangement with an insurance agency where the agent sends customer data, the lawyer writes a memo, and the agent sometimes pays?
The committee concluded the arrangement raises several issues the lawyer must manage: an unsolicited memo may be a solicitation under Rules 7.1 and 7.3, the customer may become a client triggering a…
Must a Vermont lawyer report a prior lawyer's unprivileged neglect and deception before settling the client's claim against that lawyer?
Opinion 90-09 says unprivileged knowledge of the stated misconduct triggered a report to the Professional Conduct Board and called for reporting before settlement talks.
Can a private lawyer who sits on a public defender's board represent a co-defendant the public defender cannot take due to a conflict?
The committee concluded that a private lawyer who serves on a public defender or legal services board may represent clients adverse to the agency's clients under Rule 6.3, provided that in the board…
Could one Vermont lawyer represent both a residential borrower and the mortgage lender, or provide the lender with title work while representing only the buyer?
The opinion barred simultaneous borrower-lender representation even with consent, but allowed buyer's counsel to provide title insurance, a proposed mortgage deed, and similar items to the lender…
Can a lawyer representing himself serve as both advocate and witness in his own case?
The committee concluded that neither the Rules nor the former Code prevents a lawyer from being both advocate and witness in his own case, because Rule 3.7 and its predecessors address representing…
Could a Vermont lawyer continue a divorce modification case when another current client was likely to testify for the opposing spouse?
Opinion 90-07 said counsel should seek leave to withdraw from the divorce matter because cross-examining the other current client would likely impair loyalty, and might also need to end the other…
Can a lawyer post cash in lieu of a surety bond for a client, and from what kind of account should the check be drawn?
The committee concluded that a lawyer may not advance his own money as cash in lieu of a surety bond (that is prohibited financial assistance), but may post the client's own funds if the client is…
Could a Vermont adoption agency’s lawyer assist birth and adopting parents with counseling and routine documents?
Opinion 90-06 allowed assistance on behalf of the agency after disclosure of the lawyer’s role and potential conflicts, agency consent, and no added parent-paid fee; if conflict or dispute arose,…
If a lawyer stepped aside at trial because he might be a witness but never testified, can he represent the client on appeal?
The committee concluded that a lawyer who declined trial representation because of his potential witness status may represent the client on appeal where he did not actually testify, since 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.