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 Minnesota lawyer reveal client information to respond to a negative online review?
No. The opinion concludes that Rule 1.6(b)(8)'s self-defense exception does not permit a lawyer to reveal information relating to the representation of a client when responding to comments, negative o…
What should a Kentucky lawyer do if an elderly or special-needs client is being abused or exploited, or if the lawyer's own client is the one doing the abusing?
After investigating the facts, the lawyer may take protective action. The lawyer may, but is not required to, reveal client confidences to report abuse, neglect, or exploitation; where the client is t…
When a client asks a Utah lawyer to modify a fee agreement mid-representation, what ethics rules apply?
Rule 1.5 always governs, so the modified fee must stay reasonable throughout; if the change is not clearly beneficial to the client or settles a fee dispute, Rule 1.7(a) treats it as a personal-intere…
Can a Texas law firm that joins an international verein adopt the verein's name as its own firm name on pleadings and public communications when no lawyer in the Texas firm ever had those names?
Per the Committee, no; using the verein's name as the Texas firm's name violates Rule 7.01(a) because it contains names of no current, former, deceased, or retired lawyer of the firm or a predecessor,…
Can a lawyer keep client files in electronic-only form and scan and destroy the paper copies?
Yes, qualified. The opinion concludes a lawyer may maintain a paperless client file and convert paper to electronic form, except for intrinsically significant originals like wills, deeds, and negotiab…
Is a New York prosecutor's ethical duty to disclose favorable evidence under Rule 3.8(b) the same as the Brady constitutional duty?
No. The opinion concludes Rule 3.8(b) is broader than Brady: it has no materiality threshold, so a prosecutor must disclose any known information that tends to negate guilt or mitigate the offense or …
A relative and a nonprofit paid my client's legal fees in advance. The representation ended with a surplus, and both the client and the nonprofit claim it. Who gets the refund of the excess fees?
The panel concluded the third-party payor, not the client, is entitled to the refund of excess fees at the end of the representation, unless the fee agreements specify otherwise. Because a refund retu…
Could an Ohio lawyer advise or represent a state-licensed medical marijuana business, or use medical marijuana, when it remained a federal crime?
The opinion concluded that, under Prof. Cond. R. 1.2(d) as it then stood, an Ohio lawyer could not provide the legal services needed to establish or operate a state-regulated medical marijuana enterpr…
Can a lawyer suing a company talk to its current and former employees without the company's lawyer's consent?
The opinion concluded that under Prof. Cond. R. 4.2 a lawyer adverse to a corporation may not contact, without corporate counsel's consent, current employees who supervise, direct, or regularly consul…
Can a Texas lawyer post a public reply to a former client's negative online review, and how much can the lawyer reveal to rebut it?
Per the Committee, a lawyer may not reveal any confidential information just to answer a negative online review, because Rule 1.05's exceptions apply only to formal actions, proceedings, or charges, n…
Does a lawyer's duty of confidentiality apply between two clients the lawyer represents jointly?
Yes. Under Georgia FAO 16-1, Rule 1.6 confidentiality applies between jointly represented clients, so a lawyer must honor one client's request to keep information from the other, which in almost all c…
Can a lawyer put a clause in the fee agreement requiring the client to arbitrate any future dispute over the representation?
Such a clause is permissible only if, before signing, the client either consults independent counsel or is fully informed in writing by the lawyer of the scope and practical consequences of the arbitr…
When a North Carolina lawyer is appointed after a criminal defendant files a pro se motion for appropriate relief, must counsel amend it or tell the court the cited authority is no longer good law?
No. Appointed counsel is not obligated to adopt the defendant's pro se MAR or to correct it, because counsel made no false representations to the court. If counsel concludes the MAR is frivolous, coun…
Can a North Carolina law firm call lawyers who hold no equity in the firm 'partners' or 'income partners' in its public communications?
Yes, provided the lawyer was officially promoted to that position by firm management or under the firm's governing documents, based on legitimate criteria. The designation cannot be a sham under Rule …
After jointly representing a married couple for years, can a North Carolina lawyer (or the lawyer's firm) represent one spouse against the other in the divorce, or prepare a new will for one spouse?
Generally no for the divorce. Prior joint representation on financial and family matters is substantially related to the domestic action under Rule 1.9(a), so the lawyer (and, by imputation, the firm …
Can a lawyer represent a non-party deposition witness in the same case where the lawyer already represents a party?
Yes, subject to limits: the witness representation may be a reasonable limited-scope engagement under Rule 1.2(c) with informed consent; the lawyer must clear any Rule 1.7 conflict with the party (wit…
If I can't take a prospective client because of a conflict with an existing client, can I refer them to another lawyer?
Yes. The opinion concludes a lawyer who must decline a prospective client because of a conflict may refer that person to other competent counsel, subject to duties of good faith, conflict avoidance, c…
Can a lawyer who also owns a financial-planning business advertise her law practice there and offer legal services to that business's clients?
She may mention her law practice in the side business's marketing if it meets SCR 20:7.1 and 7.2, but SCR 20:7.3(a) bars her from offering legal services in person to that business's clients; she may …
Can a lawyer represent a company against a competitor that is a former client, when the former client benefits if the new client loses?
Yes, if the new matter is not the same as or substantially related to the former representation. The opinion concludes that purely economic competition does not make a former client's interests 'mater…
What ethics rules govern the office of an insurance company's in-house legal department that defends the company's policyholders?
The in-house lawyers must protect the insureds' confidential information, avoid conflicts, and comply with the other Rules. That means physically and electronically separating the department's work an…
May my law firm email other Rhode Island lawyers, using publicly listed bar email addresses, to ask them to refer clients to us in our practice areas?
The panel concluded yes. Because the emails go only to other lawyers, they are neither prohibited solicitations under Rule 7.3 nor advertisements under Rule 7.2, so the firm may send them, subject to …
Can a New York lawyer who is also a real estate broker link from the law firm website to a page about the brokerage?
Yes. A lawyer may link from the firm site to a real estate brokerage profile if both the site and the linked page comply with the advertising rules; the lawyer must also heed Rule 5.7 on ancillary non…
Can a New York lawyer use the 'Accredited Estate Planner' (AEP) designation on a website or business cards?
No. Because the National Association of Estate Planners & Councils' AEP program has not been approved by the ABA, the opinion concludes that putting 'Accredited Estate Planner' on a website or busines…
Must a New York lawyer report a judge's violation of the Rules of Judicial Conduct to the Commission on Judicial Conduct?
No. The opinion concludes a lawyer has no disciplinary duty to report a judge's violation of the Rules of Judicial Conduct, because Rule 8.3(a)'s reporting duty covers 'another lawyer,' not judges; th…
Can a Texas lawyer buy a competitor's name as a keyword in a search-engine ad program so the lawyer's ad shows up when someone searches the competitor's name?
Per the Committee, yes; using a competitor's name as a keyword is not by itself a violation, because the resulting ad does not claim the two lawyers are partners or associates (Rule 7.01(d)) and a rea…
In a personal-injury case where the client must reimburse a health insurer's subrogation claim, can a lawyer base the contingent fee on the gross recovery, or does Opinion 549's workers'-comp rule require basing it on the net?
Per the Committee, Opinion 549's bright-line rule (no contingent fee on the gross where part must go to a workers'-comp carrier) is limited to workers' compensation; in other subrogation situations, w…
Can a lawyer who defended one insured and settled a claim against him later represent the same insurer in defending the other insured's UM/UIM claim arising from the same accident?
Per the Committee, yes; although the two matters are substantially related, the lawyer's two clients (the first insured and the insurer) are not adverse to each other (both are adverse to the claimant…
Can a Texas lawyer bill a client more for a third-party expense than the lawyer actually paid, and can the firm bill clients for services from a vendor owned by one of the firm's lawyers?
Per the Committee, absent disclosure and agreement a lawyer may not mark up a third-party expense above what the lawyer paid; and billing clients for a vendor whose ownership is materially similar to …
When a former criminal client asks for their entire file, what must a Texas lawyer hand over, who pays for copies and delivery, and in what format must it be provided?
Per the Committee, the file (including notes and work product) is the client's property and must be made available on request, except material barred by statute, court order, or the lawyer's duties to…
How long must a New Hampshire lawyer keep a client's file, and what must a retiring lawyer do with client files?
The client file is the client's property and must be returned on request; files must be kept long enough to avoid prejudice to the client but need not be kept forever, and a retiring lawyer must retur…
Can a solo lawyer name the firm 'Law Group', 'Law Firm', or '& Associates'?
A sole practitioner may not use 'group' or '& Associates' because both imply other lawyers, but may use 'firm', which the rules define to include a single practitioner.
May a prosecutor make waiving ineffective-assistance-of-counsel claims a routine condition of a plea bargain?
No. The opinion concludes that routinely conditioning a plea bargain on a defendant's waiver of ineffective assistance of counsel claims is prejudicial to the administration of justice under Rule 8.4(…
A prospective client told me useful information about my existing client's judgment debtor before I declined the new matter for conflict reasons. May I pass that information to my existing client so it can resume collection?
The panel concluded no. Under Rule 1.18(b), a lawyer who has consulted with a prospective client may not use or reveal information learned in the consultation except as Rule 1.9 would permit for a for…
Are a law-clinic intern's client conflicts imputed to the law firm where the intern also works as a clerk?
The opinion concluded that a law student with a Gov. Bar R. II legal intern certificate is engaged in the limited practice of law and bound by the Rules, so conflicts from the intern's current or form…
Can an Ohio lawyer join an online referral service that takes a per-case 'marketing fee' based on the legal fee earned?
The opinion concluded that a lawyer's participation in an online, nonlawyer-owned referral service is unethical where the lawyer must pay a per-matter 'marketing fee' calculated as a percentage of the…
If a lawyer works as a commercial debt collector, not as a lawyer, must they tell debtors they are an attorney?
No. The opinion concludes a lawyer hired only as a debt collector need not disclose their lawyer status, but if a debtor asks and the lawyer answers, the answer must be truthful and not misleading und…
Can a Colorado lawyer provide limited scope (unbundled) representation or ghostwrite pleadings for a self-represented litigant, and what must the lawyer disclose to the court?
The opinion concludes that Colo. RPC 1.2(c) permits limited scope representation, including ghostwriting court documents, if the limitation is reasonable and the client gives informed consent; all oth…
Can a lawyer let a non-lawyer civil rights client keep some or all of the statutory attorney fees a court awarded to the client?
Yes. The opinion concludes that because statutory civil rights fees are awarded to the prevailing party (the client), not to the lawyer, letting the client keep some or all of them is not the kind of …
Can a lawyer admitted in both New York and the UK who runs a UK firm with non-lawyer owners also become a partner in a separate New York law firm?
Yes, conditionally. The opinion concludes the lawyer may join a separate New York firm without violating Rule 5.4 as long as the lawyer principally practices in the foreign jurisdiction (or the predom…
I want to bring a nonlawyer (a law-school graduate) into my compliance practice to run audits and training as an independent contractor, not an employee. What ethics rules apply?
The panel concluded the arrangement is governed by Rule 5.4 and Rule 5.3. Rule 5.4 bars sharing legal fees or forming a law-practice partnership with the nonlawyer, so the nonlawyer's pay cannot be ti…
I jointly represented a husband and wife in immigration matters, and now that they have separated the wife wants me to withhold from the husband a visa petition she filed for him. Must I honor that request?
The panel concluded no. Because the representation was a joint representation, each client is entitled to the file, and the client's file is property the client must receive under Rule 1.15(d). Confid…
Does a lawyer have to tell the client when co-counsel on the same matter appears to have committed malpractice?
Yes. The opinion concludes that a lawyer must disclose to the client information the lawyer reasonably believes shows that co-counsel, still representing the client, committed a significant error or o…
When a law firm changes its name, must it immediately update all of its advertising, signs, and website domain to the new name?
No. The opinion concludes a firm that adds a partner's name has a reasonable time to update existing advertising, judged by whether the old ads are misleading and the cost and ease of changing them; w…
Can a lawyer give a client's file to the client's former lawyer so that lawyer can defend against the client's ethics complaint, when the client objects?
No, absent an exception. The opinion concludes the file is the client's confidential information, and nothing in the Rules permits or requires the lawyer to hand it to former counsel over the client's…
Can a lawyer joining a Texas firm as 'of counsel' (an independent contractor for tax purposes) agree not to serve the firm's clients for a period after leaving the firm?
Per the Committee, no; an 'of counsel' lawyer is a member of the firm, so an agreement barring the lawyer from serving firm clients after the relationship ends is a prohibited restriction on the right…
Can a Texas lawyer sell delinquent client accounts receivable (unpaid earned fees) to a collection or factoring company for a percentage of the amount owed?
Per the Committee, only with the client's consent after consultation; selling the receivable discloses confidential information, and unlike suing to collect a fee or using a collection agency under th…
I sit part-time as a municipal court judge for a city, and I also run a law firm. Can lawyers in my firm represent my son in a Superior Court lawsuit against that same city?
The panel concluded it is not a conflict under Rule 1.11 or Rule 1.7 for the part-time municipal judge's firm to represent the judge's son against the city. The judge did not participate personally an…
I recently left a job as an assistant city solicitor for private practice. Can I now represent private clients before the same city boards, agencies, and courts where I appeared for the city?
The panel concluded the former city solicitor and his or her firm are governed by Rule 1.11. The lawyer may not represent a private client in any matter in which he or she participated personally and …
Does taking a referral fee make the referring lawyer subject to the conflict-of-interest rules?
Yes. The opinion concludes that a lawyer who refers a matter and shares the fee has undertaken representation of the client, so the arrangement is subject to Rule 1.7; where a conflict exists, the law…
Must a New York lawyer report an out-of-state lawyer who appeared in New York courts without being admitted or authorized here?
Yes, if the lawyer actually knows of the violation. The opinion concludes Rule 8.3 reaches a non-New York lawyer who practices in New York without authorization, and such unauthorized appearance ordin…
Must a lawyer report a former lawyer's misconduct learned while suing that lawyer for a client?
The opinion concluded that under Prof. Cond. R. 8.3 a lawyer must report another lawyer's misconduct when the lawyer has unprivileged knowledge of a violation that raises a question about the other la…
Can a Maine lawyer donate old, inactive client files of historical significance to a library or archive?
Generally no. The duty of confidentiality under Rule 1.6 survives the death of both client and lawyer, so old files may be donated only after a document-by-document review confirms the material is not…
Can a law firm keep a retired partner's name in the firm name and list the retired partner on letterhead as a mediator, and can that partner consult for the firm without malpractice-fund coverage?
Yes. The opinion concludes a firm may keep a retired former partner's name in the firm name and list the partner as available solely as a mediator if true and not misleading; the partner may also cons…
Can a law firm bill a client for work done by an unpaid law-student intern who works for academic credit?
Yes. The opinion concludes a firm may bill for a student-intern's work even though the firm pays the intern nothing, as long as the internship complies with applicable law, the school does not object …
Can a lawyer who has taken retired status in New York still use 'Esq.' on business cards and letterhead for a non-legal business?
Yes. The opinion concludes a retired lawyer remains a lawyer and may use 'Esq.', but where there is a risk that clients or the public will be confused about the lawyer's role, the lawyer must indicate…
Can a New York lawyer give a prospective client the names of other clients the lawyer has represented as references?
Only with care. The opinion concludes a lawyer may name clients in advertising with their prior written consent, and absent consent may disclose a client's identity only if it is not confidential info…
Can a lawyer make a client, a former client, or opposing counsel promise not to file or take part in a bar complaint as a condition of settling a dispute?
No. The opinion concludes a lawyer may neither request nor agree to a settlement term that forgoes filing or participating in a bar complaint, and may not enter a settlement that limits the lawyer's m…
Can a New York law firm charge a prospective client a fee for cancelling an initial consultation without notice, and does the policy have to be in writing?
Yes, within limits. The opinion concludes a lawyer may charge a nominal late-cancellation fee for an initial consultation if the lawyer discloses what triggers it and the charge either reflects the la…
How long does the Tennessee Board recommend that a lawyer keep client files after a representation ends?
Formal Ethics Opinion 2015-F-160(a) amends 2015-F-160 to recommend that a lawyer retain client files for five years after termination of representation as a guideline that may be altered by client agr…
My firm has been hired to defend an insured, but the plaintiff's lawyer works at a firm my firm currently represents in an unrelated matter. Is that a conflict of interest?
The panel concluded there is no automatic conflict. The attorney and firm must make a good-faith evaluation under Rule 1.7(a)(2) of whether the concurrent representation creates a significant risk tha…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Persuasive authority: Not binding like court discipline decisions, but state bar formal opinions carry substantial weight.
- 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.