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 lawyer publish a law-journal article arguing a position on an issue that is pending before a court in the lawyer's own client's related case?
The committee concluded that an attorney may publish a law-journal article related to the subject matter of a client's case where the article does not take a position adverse to the client and does no…
Can a municipal court judge share a law practice with a municipal prosecutor from another town, and may the judge's firm handle a criminal appeal arising from his own court's county?
The supplement concluded a municipal court judge may associate with a municipal prosecutor of another municipality only if the other lawyers refrain from all criminal-defense work within the county wh…
Can a D.C. lawyer charge a reverse contingent fee based on how much money the lawyer saves the client from a claim against the client?
The opinion concludes that the D.C. Rules do not prohibit reverse contingent fees, where the fee is based on the difference between the amount a third party demands from the client and the amount ulti…
Can a lawyer who serves on a city council represent private clients in that city's municipal courts?
No. The committee concluded that a lawyer who sits on the city council may not practice before that city's municipal courts, because the council selects, budgets for, and can remove the municipal judg…
Can a disbarred or suspended lawyer working as a 'legal assistant' question a witness at a deposition if a licensed attorney supervises?
No. The committee concluded that a suspended or disbarred lawyer who conducts the questioning of a witness at a deposition, even under a licensed attorney's supervision, engages in the unauthorized pr…
May a bar association operate a lawyer referral service, and may it advertise that service to the public without violating the rules against advertising and stirring up litigation?
Yes, within limits. The committee concluded that a bar association may sponsor a lawyer referral service that meets stated minimum requirements, and that advertising aimed at educating the public abou…
May a bar association operate a lawyer referral service and advertise it without violating the canons against solicitation?
Yes, within limits. The committee concluded that a bar association may sponsor a properly organized lawyer referral service meeting stated minimum requirements, and that Canon 27 does not bar the orga…
Can a New Hampshire lawyer settling a fee or malpractice dispute require the client to promise not to file a professional conduct complaint?
No. The opinion concludes a lawyer may not condition settlement of a dispute with a client on the client's agreement not to file a professional conduct complaint, because the disciplinary rules protec…
Can a New Hampshire lawyer settling a case demand that opposing counsel not disclose publicly available information about the case?
No, where the term would restrict counsel's right to practice or the public's ability to find qualified counsel; Rule 5.6(b) bars both direct and indirect practice restrictions, though narrow clauses …
What must a New Hampshire lawyer do after learning that a client gave false testimony to a court?
The lawyer must take reasonable remedial measures: first try to get the client to correct the false testimony, and if that fails, disclose the falsity to the tribunal, even over the confidentiality du…
If a lawyer also serves as a court clerk, what legal work can he do, and can he split fees with another lawyer on court matters?
The Committee held unanimously (7-0) that a lawyer who is the clerk of a court of record may do only office practice with no connection, direct or indirect, to court proceedings, and that dividing fee…
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.