Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
Can a law firm mail a free substantive legal newsletter to non-clients in an industry without labeling it as advertising?
Yes. The opinion concluded that a firm may distribute an informational construction-law review to non-clients, and that because it was not aimed at people known to need specific legal services and…
Could Vermont lawyers admit a law firm client into their separate real estate development partnership?
Opinion 90-05 found the proposed partnership ethically permissible on the stated facts because interests did not differ, the client had independent counsel, and the lawyers would not represent the…
Can an assistant solicitor appear before a circuit judge whose law clerk is the solicitor's own spouse?
The committee concluded that an assistant solicitor should be precluded from appearing before the resident judge on any matter while his spouse serves as that judge's law clerk, because a clerk…
Could a Vermont lawyer serving as executor select a charity led by the lawyer's clients to receive estate funds?
Opinion 90-04 found no Code violation on the stated facts and treated the executor's disclosures to the probate court and named beneficiaries as reasonable precautions against an appearance of impropriety.
Can a lawyer co-own a consulting corporation with nonlawyers that offers legal advice and representation to the company's clients for a fee?
The committee concluded that a lawyer could not participate in a consulting corporation co-owned with nonlawyers that provides legal services to clients for a fee: it would have the corporation…
Can a lawyer guarantee a client's loan from an outside lender, to be repaid from settlement, instead of advancing the money directly?
The committee concluded that guaranteeing a client's loan from a lender, to be repaid from settlement proceeds, is improper for the same reasons direct loans are: it gives the lawyer a personal…
Could a professor unlicensed in Vermont consult for a Vermont lawyer on client matters?
Opinion 90-02 permitted consultation and research for the licensed lawyer if that lawyer supervised and verified the work and remained responsible for client advice. The Vermont lawyer was to pay…
How may a court-certified specialist announce the certification in printed announcements without misstating the credential or implying broader specialties?
The committee concluded the lawyer could advertise the certified specialty but could not say she was 'appointed' by the Supreme Court, must avoid implying certification in non-certified fields she…
Can a West Virginia county prosecuting attorney investigate or prosecute county public officials whose offices the prosecutor represents?
Yes, not a per se conflict. The opinion concluded a county prosecutor represents the office, not the individual occupying it, so prosecuting a county official is not a conflict per se; but the…
Could the Vermont Attorney General defend a state agency against a discrimination claim investigated by the Human Rights Commission?
Yes. The legislature placed investigation and enforcement in the separately counseled Commission, so the Attorney General had no multiple employment or access to its confidential information.
Can a law firm lease office space from a nonlawyer landlord where the rent is a percentage of the firm's gross receipts?
The Committee concluded the arrangement is impermissible. Because a law firm's gross receipts are predominantly legal fees, percentage-of-gross-receipts rent is a sharing of legal fees with a…
Can a lawyer leaving a firm agree, in exchange for periodic payments, not to practice for current or former firm clients, and can the firm keep using his name after he returns to practice?
The Committee concluded an agreement that restricts a departing lawyer's practice as a condition of post-termination retirement-type payments is permitted under Rule 5.06(a)'s retirement-benefits…
Can a personal injury lawyer own a stake in a lending company that loans money to the lawyer's clients, and pass the lender's interest charges on to the client as a case expense?
On the assumed facts, the Committee concluded an attorney may own an interest in a lending institution that loans to the attorney's personal injury clients, and may borrow from such an institution…
Can a lawyer mail a witness a document that looks like a court subpoena, but was never issued or authenticated by the court, to pressure the witness into appearing?
The committee concluded the practice is forbidden, because making a witness believe a self-prepared document is compulsory court process violates the rules against prohibited inducements, disobeying…
Must a lawyer tell the client the hourly rates charged for paralegals and other non-lawyer staff, and can the lawyer bill that non-lawyer time as if it were attorney time?
The committee concluded a lawyer must disclose the rates charged for non-lawyer staff and may bill separately for their supervised work, but billing non-lawyer time as attorney time would be a…
When a lawyer is on contract to a government entity, sits on a client's board, or has firm members serving as guardians ad litem, can the lawyer also represent clients whose interests look adverse to those responsibilities?
The committee concluded Rule 16-107 permits such representation only if the lawyer reasonably believes it will not adversely affect either client and both clients consent after full disclosure, and…
Does a criminal defense lawyer have to volunteer information to the court (a guilty plea, or a sentencing hearing that was never scheduled) when neither the lawyer nor the client was asked and the client did not lie?
The committee concluded the candor and truthfulness rules require a lawyer not to make a false statement of material fact, but impose no duty to volunteer the disposition of a related charge when no…
Can a full-time municipal attorney advocate for city management in a grievance heard by the city commission when that same commission is the attorney's regular client in its other capacities?
The committee concluded the rule barring a lawyer from appearing as an advocate before a governmental body the lawyer represents did not apply to a salaried municipal attorney with no private…
When must a lawyer report another lawyer’s serious rule violation under Rule 8.3?
The committee said reporting was required once the lawyer knew of a violation raising a substantial question about the other lawyer’s honesty, trustworthiness, or fitness. It said pending court…
Can a lawyer promise a client's medical provider or other creditor that they will be paid out of the client's settlement, and what are the duties if a dispute arises?
The committee concluded that a lawyer may guarantee a creditor payment from settlement or judgment proceeds only with the client's consent, after explaining the matter enough for an informed…
Can a lawyer in good standing employ a disbarred lawyer as a paralegal, law clerk, investigator, or in another law-office role?
The committee concluded that RPC 5.8(b) bars a lawyer from employing a disbarred lawyer in any capacity connected to the practice of law, including as a paralegal, law clerk, legal researcher,…
Can a legal-aid office give its funder, like the Legal Services Corporation, records that identify clients and their cases for auditing?
The committee concluded that a legal service office may not disclose to a funder such as the Legal Services Corporation, or any other third party, original records or other information that would…
Can a law firm's agreement with a retiring partner include a non-compete clause without violating the rule against restrictions on the right to practice?
The committee was of the opinion that if the agreement is an actual retirement agreement, and not an agreement in settlement of a controversy, the non-compete provision does not violate RPC 5.6; it…
Can a lawyer refer clients to a relative for non-legal services?
The committee was of the opinion that a lawyer may ethically recommend or refer clients to a relative for non-legal services so long as the lawyer complies with RPC 1.6(a), 1.7(b), 5.4(b), and 2.1.
Can a legal-services agency let federal auditors review files that contain client confidences without client consent?
The committee was of the opinion that Formal Opinion 183 and RPC 1.6 prohibit the office from disclosing client confidences or secrets to its federal administrators during an audit without client consent.
Can a lawyer guarantee the security on a client's bail bond, and can a lawyer who posted such security later withdraw it?
The committee declined to opine on the specific question, which it read as concerning another lawyer's conduct, because its rules require disclosing a third party's identity before an opinion can…
Can a lawyer a husband consulted about a criminal case later represent the wife in their divorce, when the wife sat in on that consultation?
The committee was of the opinion that the lawyer was correct to withdraw, because the husband had disclosed confidences and secrets that RPC 1.9 prohibits using against him, and the wife's presence…
If a lawyer personally guarantees an arbitrator's fee and the client then refuses to pay, is the lawyer still on the hook?
The committee was of the opinion that if the lawyer guaranteed to pay the funds to the arbitrator, the lawyer is obligated to pay, even after the client instructed the lawyer not to.
Can a firm do criminal defense work in a district court covering a city where one of its lawyers sits on the city council?
The committee was of the opinion that this does not present a per se conflict precluding the firm from criminal defense work, but might raise a potential conflict in a particular case, to be dealt…
Can a professional service corporation advertise under a short firm name without showing 'Inc.' or 'P.S.'?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits using a firm name without indicating incorporation, though it could not advise on compliance with the…
What should a lawyer do with money left in the trust account because the bank never debited a check the client already cashed?
The committee was of the opinion that because the client received the funds he or she was entitled to and the bank lays no claim, the money in the trust account is no longer the client's property…
Can a lawyer in a business partnership with a nonlawyer (a divorce mediation business) sign as a lawyer or put 'lawyer' on the business's cards?
The committee was of the opinion that RPC 5.4(d) prohibits a lawyer from identifying as a lawyer in any business partnership with a nonlawyer, and that such a partnership must be kept entirely…
Can the law partners of a part-time court commissioner represent parties in a matter where the commissioner signed a temporary order?
The committee was of the opinion that issuing a temporary restraining order is 'substantial participation,' so under RPC 1.12(a) and (c) the partners may take the representation only after…
Can a lawyer advise a client about small claims court and how to conduct a small claims trial, even though lawyers cannot appear at trial there?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from advising a client about the existence of small claims court or about the procedure and…
Can a lawyer advertise 'Save up to 1/3 on attorney's fees'?
The committee was of the opinion that an advertisement reading 'Save up to 1/3 on attorney's fees' is inherently misleading, because there is no standard 'attorney's fees' against which such savings…
Can the lawyer for a general partnership represent the partnership in a lawsuit against one of its own partners?
The committee was of the opinion that a partnership's lawyer is not automatically the lawyer for individual partners, and that whether the lawyer may proceed against a partner turns on whether the…
Must a lawyer-witness disclose to opposing counsel that the lawyer is participating in the representation and sharing in the contingent fee?
The committee was of the opinion that nothing in the Rules of Professional Conduct requires a lawyer to disclose that relationship to the opposing lawyer, while flagging RPC 3.7 and 1.5(e)(2) as…
Must a contingent fee agreement state that the lawyer offered the client the option of paying an hourly rate?
The committee was of the opinion that nothing in the Rules of Professional Conduct imposes a duty to recite in a contingent fee agreement that the client had been offered an hourly rate.
Can a lawyer who refers insurance-related work to a firm and does work for its clients be designated 'of counsel' to that firm?
The committee was of the opinion that, on the facts presented, the use of the term 'of counsel' was probably appropriate, while flagging the fee-splitting restrictions in RPC 1.5 and the conflict…
Can a lawyer form an escrow and closing company that has nonlawyer shareholders and owners?
The committee was of the opinion that nothing in the rules prohibits a lawyer from establishing a separate escrow business with nonlawyer owners, provided the escrow business is entirely separate…
Can a lawyer be named as trustee or personal representative in a will or trust the lawyer drafts for the client?
The committee addressed the question by referring the inquirer to its earlier Informal Opinion 86-1 and to the Shaughnessy cases and Estate of Larsen, 103 Wn.2d 517 (1985), cited there.
Must a criminal defense lawyer give the client information from a police report marked not to be disclosed?
The committee was of the opinion that both prosecutors and defense lawyers must review police reports before disclosure to defendants under RPC 1.1 and 1.4, and must not disclose information that…
Can a lawyer share office space with an independent insurance claims adjuster who is not a lawyer?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from sharing office space with an independent claims adjuster.
Can a government lawyer negotiate for a job with the affiliate of a company the lawyer has been investigating?
The committee was of the opinion that if the lawyer would continue to participate in the investigation, RPC 1.11(c)(2) bars negotiating employment with the bank or its lawyers; if there would be no…
Can a lawyer sign a hold harmless agreement with an insurer promising to pay a client's unpaid medical bills from the client's settlement funds?
The committee was of the opinion that a lawyer may enter such an agreement if the client consents after disclosure, that the conflict rules including RPC 1.8(c) must be complied with, and that once…
Can a lawyer apply client property already in the lawyer's possession toward unpaid fees?
The committee declined to opine, saying whether the property is something the client is entitled to receive under RPC 1.14(b)(4) is a legal question the committee cannot answer.
Can a lawyer run a hypnotherapy practice alongside a law practice?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits running a hypnotherapy practice with a law practice, while cautioning about separate fee schedules,…
Can a lawyer represent a state agency in third-party claims while also representing other clients who are adverse to that agency?
The committee was of the opinion that the lawyer could represent the agency so long as it was not directly adverse to another client under RPC 1.7(a); if interests were adverse, or if the lawyer…
Can a former Assistant Attorney General sue a college he once advised, both on his own behalf and for other clients?
The committee was of the opinion that the lawyer could pursue his own contract claim because RPC 1.6 permits disclosing confidences as needed to establish a claim against a former client, and the…
Can a lawyer who once represented a public agency later appear before that agency for a private client in a related matter?
The committee was of the opinion that, on the facts presented and where the lawyer holds no confidential information beyond what came out in public hearings, there is no conflict under RPC 1.9 and…
Can a lawyer apply for a Social Security fee and share it with a paralegal who is authorized to represent SSA claimants?
The committee was of the opinion that sharing the fee with the paralegal would be prohibited by RPC 5.4(a), and the paralegal's pay could not be contingent on the outcome, though paying the…
Can a Washington lawyer charge a nonrefundable retainer?
The committee was of the opinion that nonrefundable retainers are not per se unethical, but like any legal fee they must comply with RPC 1.5.
Can an insurance company's in-house counsel offer to pay outside lawyers an hour of fees to explain the company's product to those lawyers' own clients?
The committee was of the opinion that in-house counsel may not offer the program, because it presents a substantial likelihood of inducing lawyers to violate RPC 1.8(f) and 5.4(c), which would in…
Does a lawyer have to follow the client's decision on which proposed jury instructions to submit, even when counsel disagrees?
The committee was of the opinion that the lawyer must consult with and advise the client, but RPC 1.2(a) requires the lawyer to abide by the client's decision on the objectives of representation,…
Can two law firms describe themselves on their letterhead as 'affiliated with' each other?
The committee was of the opinion that such letterhead must comply with RPC 7.5(d), and it was not clear to the committee that the proposed 'affiliated with' letterhead would do so.
Can a lawyer associated with a firm be described as a 'consultant' on the firm's business cards?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit using the term 'consultant' on a business card to describe a Washington lawyer associated with the firm.
Can a lawyer serve as a part-time court commissioner or judge in courts where other lawyers in the firm appear?
The committee was of the opinion that the lawyer could not hear any case in which firm members were involved and could not later appear in Superior Court on a case the lawyer had previously heard in…
Can a firm take court-appointed criminal defense cases when it also represents the county sheriff and one of its lawyers is married to a town prosecutor?
The committee was of the opinion that the arrangement complies with RPC 1.7 and is permissible where the firm discloses conflicts in open court, obtains client consent, and the court does not…
Can a lawyer let a property management company prepare eviction pleadings on lawyer-approved forms if the lawyer reviews and signs everything before filing?
The committee was of the opinion that because the lawyer exercises independent professional judgment before any pleading is served or filed, the arrangement does not violate the Rules of…
Does a lawyer who runs a separate licensed escrow business have to follow the lawyer trust-account rule, or just the escrow-agent statute?
The committee was of the opinion that a lawyer licensed as an escrow business agent under RCW 18.44, who keeps the escrow business entirely separate from the law practice and does not hold out as a…
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.