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 ethics rules constrain a company's in-house counsel who is asked to let the employer bill other entities for the lawyer's work, do personal legal work for the owner or the owner's family, or represent affiliated companies?
The opinion concluded that full-time house counsel may not take part in any arrangement under which the employer charges other entities for the lawyer's legal services, because a for-profit business…
If a lawyer also serves on a city council, can the lawyer (or the lawyer's firm) represent private clients before that council or the city's boards and commissions?
The opinion concluded that under SCR 20:1.11 a lawyer-councilmember may not represent a private client in a matter the lawyer participated in personally and substantially as a public officer unless…
Can a lawyer pay a community greeting service like Welcome Wagon to advertise the lawyer's practice to new residents?
The opinion concluded that lawyers may use Welcome Wagon services to advertise their practices, subject to compliance with the advertising rules SCR 20:7.1 through 20:7.5, and provided the service…
A law firm represented both spouses on business and property matters for years. Can the firm now represent the husband in a divorce against the wife?
The opinion concluded that although the firm's prior business and property work for the couple was not the same as the divorce, it was substantially related under SCR 20:1.9 because the firm would…
If one spouse is the district attorney and the other practices criminal defense at a local firm, can their offices be on opposite sides of the same cases?
The opinion concluded that under SCR 20:1.8(i) there is no imputed disqualification based solely on a spousal relationship, so the district attorney may prosecute defendants represented by the…
Can a lawyer handle the appeal of a divorce judgment on a contingent fee?
The opinion concluded that a lawyer may not accept a divorce appeal on a contingent fee where the fee is contingent on securing the divorce or on the amount of alimony, support, or property…
Can a lawyer pay a retired or unemployed fact witness for the time spent preparing, traveling, and testifying, at a rate close to the wage the witness would otherwise earn?
The opinion concluded that, reaffirming Formal Opinion E-88-9, a lawyer may pay reasonable amounts to compensate a witness for lost time, travel, and lawful witness fees. Because an unemployed or…
Can a city attorney who normally advises a city council or committee also act as the city's advocate before that same body on a matter where it has separate counsel?
The opinion concluded that yes, a city attorney who advises most city committee and council business may act as the city's advocate before a committee or council on a matter for which that body has…
Can a lawyer in a case contact a guardian ad litem, the GAL's ward, or a represented person directly, without going through opposing counsel or the GAL?
The opinion concluded that a lawyer for a party or witness may communicate with a guardian ad litem without other counsel's consent, because no rule prohibits it and GALs are not officials under SCR…
Is it a conflict of interest for one lawyer to serve at the same time as a party's attorney of record and as the guardian ad litem?
The opinion concluded that there is no inherent conflict in a lawyer simultaneously serving as attorney of record and as guardian ad litem, a practice the Wisconsin Supreme Court sanctions and…
Does a lawyer have to report opposing counsel's serious misconduct to the disciplinary authority if reporting it would reveal the lawyer's own client's information?
The opinion concluded that no, a lawyer is not required to report opposing counsel's misconduct when doing so would prejudice the lawyer's client, because the reporting duty under SCR 20:8.3(a) does…
Can a lawyer reveal a deceased client's confidential information to prevent harm to someone else, such as to keep an innocent person out of prison?
The opinion concluded that a lawyer's duty to preserve a client's secrets and confidences does not end with the client's death but continues indefinitely unless disclosure is consented to, ordered…
Can a lawyer represent both the majority and minority investors when forming a partnership or corporation, and keep representing one of them if the joint representation has to end?
The opinion concluded that a lawyer may generally represent both majority and minority investors in forming a business if the lawyer complies with the intermediary rule SCR 20:2.2 and the conflict…
Can a lawyer accept clients who come to the lawyer after reading the lawyer's book or attending an educational seminar the lawyer gave?
The opinion concluded that nothing in SCR 20:7.2 or 20:7.3 prohibited a lawyer, subject to SCR 20:7.1, from accepting clients who contacted the lawyer because of a book, audiotape, or videotape, and…
Could a Nebraska lawyer who was a client's president, shareholder, and key lease witness represent the client in litigation over that lease?
Generally no, and the disqualification extended to the firm. Former-rule exceptions applied for uncontested or formal testimony or substantial hardship from losing distinctively valuable counsel.
May a judge run for director of a national service organization and receive expense reimbursement?
The Committee allowed election and service under conditions addressing nondiscrimination, fundraising, litigation, investment advice and reasonable, reported expense reimbursement.
Could a Nebraska lawyer mail a prewritten legal newsletter bearing the lawyer's contact information to clients and nonclients?
Yes if the mailing followed advertising rules, was accurate and not misleading, and clearly identified the actual author when the lawyer did not write it.
Could a Nebraska deputy county attorney handle juvenile cases involving the social-services agency that employed the prosecutor's sister?
Yes with full disclosure unless the relationship impaired judgment. If the sister became a witness, the prosecutor had to withdraw and be screened; office-wide disqualification depended on…
May a judge perform a simulated ceremony for a couple already legally married elsewhere?
The Committee concluded that the judge should not participate because an apparently official ceremony would lend judicial prestige to a private occasion even if the judge announced that the ceremony…
Could a Nebraska lawyer join a for-profit referral service whose name implied that participants belonged to a specialized trial-lawyer association?
No. With no admission standards, the service's association and specialization implications were false or misleading, and participating lawyers could not evade advertising rules through the service.
May a judge handle routine appearances by a lawyer brother-in-law or cases brought by the lawyer’s office sharer?
The Committee allowed purely mechanical appearances by the brother-in-law and did not require automatic recusal for the office sharer, but required recusal for shared-client cases and warned about…
When did Nebraska's former ethics code require a lawyer to report another lawyer's misconduct?
Reporting was mandatory when the lawyer had unprivileged knowledge of a disciplinary violation. Mere suspicion did not trigger a mandatory report.
May a Nebraska judge own bank stock and remain a director of the banks?
The Committee allowed continued bank stock ownership with case disqualification limits, but prohibited service on the banks’ boards under former Canon 5C(2).
If a newly hired government lawyer once represented a private party, can the rest of the government law office act against that party?
The committee concluded the new attorney is personally disqualified only if the prior representation is substantially related or he holds relevant confidences; even then the city solicitor may…
Could a Nebraska lawyer join a for-profit telephone referral service and pay a share of its advertising and administrative costs?
The lawyer could join only without paying value for recommendations. Free consultations or reduced client fees were allowed, but paying the service's promotion and administration costs was prohibited.
Can a lawyer give client names and billing details to an outside billing service without each client's consent?
The committee concluded a lawyer may give an independent billing service the information needed to bill clients without obtaining each client's consent, but under DR 4-101(D) the lawyer is…
Could independent Nebraska lawyers sharing offices, systems, and staff represent opposing parties in the same matter?
Yes under the 1989 opinion if files and electronic data were segregated, no secretary worked both sides, shared staff were warned, and each client consented after full disclosure.
Can town counsel represent the selectmen against the planning board when the firm also regularly advises that board?
The committee concluded the planning board may be a current client of town counsel, but unlike with private clients, town counsel may represent the selectmen in opposing the board's appeal without…
Must defense counsel correct a prosecutor's mistaken statement about restitution when the doubt comes only from a client confidence?
Opinion 89-17 found no duty to reveal the client's protected statement on the stated facts, where counsel repeated the prosecutor's position accurately and did not present false evidence.
Could a town zoning board member represent the town on a de novo appeal from the board’s decision?
Opinion 89-16 permitted the representation on the stated facts: the town’s position matched the board’s, the lawyer had no personal stake, and it was not apparent that the lawyer needed to testify.
Can a prosecutor offer a DUI defendant court supervision only if the defendant drops the civil challenge to the statutory summary license suspension?
The opinion concluded it is not professionally improper. Because the summary-suspension proceeding is not a private civil claim but concerns the public interest in safe highways, conditioning the…
Could a Vermont lawyer represent a new applicant in a regulatory proceeding where a former client was a competing party?
Opinion 89-15 allowed the new representation because the former acquisition work was not substantially related to the current proposals and the lawyer had learned no former-client secrets or…
Can a city attorney draft and advocate for an ordinance that would financially benefit him without disclosing his interest, and must another lawyer report that conduct?
The opinion concluded a city attorney should not participate in a pending ordinance that could benefit him financially unless he discloses the interest and the city consents or he recuses; on the…
Can a lawyer who is also a licensed insurance agent sell insurance to legal clients and collect a referral commission for sending a client to another agent?
The opinion concluded a lawyer who is also an insurance agent may provide both legal and insurance services to the same client, and may refer a client to another agent and receive a commission,…
How should a defense lawyer ask for a continuance at a criminal status call when the client has disappeared, without lying or revealing a confidence?
The opinion concluded the lawyer may not give a false reason for the continuance. If the client's lack of contact is a confidence or secret, the lawyer may not disclose it unless required by law, in…
May a Vermont lawyer accept credit cards for legal services and expenses?
Opinion 89-10 permits credit card payment for legal services and expenses under the former Code, with charges for services rendered or cash paid on a client's behalf and protection of client confidences.
Could a Nebraska creditor's lawyer demand the projected proceeds of a continuing wage-garnishment lien in exchange for immediate release?
Yes under the amended garnishment law considered in 1989, so long as the demand equaled the projected proceeds due under the continuing lien.
How do payments from a former law partner and a spouse’s continued firm employment affect a new judge’s cases?
The majority required recusal from contested cases involving the former firm until the buyout debt was paid, absent case-specific remittal, and from nearly all matters from the spouse’s employer…
What must a lawyer in a civil case do after a client admits committing perjury during depositions?
The committee concluded that if the lawyer knows the client intends to repeat the perjury or to commit another crime using it, DR 4-101(C)(3) lets the lawyer reveal it and DR 7-102(B)(1) then makes…
Could Vermont agency lawyers enforce child support against a parent who had used the agency's payment service?
Opinion 89-08 permits agency-only representation on the stated agreements because neither parent's administrative dealings created an attorney-client relationship with the agency lawyers.
Must a Vermont prosecutor disclose after conviction that a State expert gave a technically wrong answer on an essential element?
Opinion 89-06 requires disclosure when the corrected answer could arguably negate an essential element, leaving harmless-error and remedy questions to the court.
Could a former Vermont agency lawyer represent a public-interest group concerning a project reviewed conceptually during state service?
Yes. General policy review without material personal involvement in an investigation, deliberation, case, or controversy was not substantial responsibility in the later site-specific matter.
Could a Vermont lawyer continue a civil case when a paralegal also worked in court diversion involving a defendant's relative?
Opinion 89-04 allowed the lawyer to continue on the stated facts because the paralegal had disclosed no diversion confidences and the cited Code duties did not extend to the paralegal; the diversion…
May a West Virginia municipal judge (and the judge's law partners) accept appointments to represent people in juvenile status, abuse/neglect, and mental hygiene matters?
Yes. The opinion clarified that L.E.I. 77-3's bar on municipal judges and their partners handling criminal defense does not reach juvenile status offenses, juvenile abuse/neglect with no related…
When a representation ends, can a West Virginia lawyer charge the client for copying the file the lawyer must return?
Usually not. The opinion concluded a lawyer must return the client's original documents on termination and may keep copies, but absent a prior agreement that the client pays copying charges, the…
Must a lawyer tell an insurer that a personal-injury claimant died while future pain-and-suffering claims remain in settlement talks?
Opinion 89-02 required disclosure of the claimant's death because keeping it from the insurer would misrepresent the basis for asserted future pain and suffering. It did not announce a general duty…
Can a lawyer who represents the guardian ad litem for abused children also contract to represent the state DSS at the review hearings in those cases?
The committee concluded the lawyer could not represent both the guardian ad litem (or child) and S.C. DSS in the same case, because the representation continues through the review hearings and DSS…
In a West Virginia real estate transaction, can one lawyer represent more than one party (buyer, seller, lender), and what disclosures and limits apply?
Yes, with conditions. The opinion concluded a lawyer may represent more than one party in a real estate transaction only after determining there is no actual conflict, making full written disclosure…
Could a lawyer use information learned about a former client’s child to defend a current client?
Opinion 89-01 required the lawyer to decide whether the information was a former-client secret under DR 4-101. If disclosure would embarrass or likely harm the former client, the lawyer could not…
Can a lawyer have a personal injury client sign a power of attorney to endorse the settlement draft and deposit it in the trust account?
The Committee found nothing improper in using an authorization, executed at the client's request and with consent after settlement and signing of the closing statement, to endorse the settlement…
Can a lawyer sell unpaid client legal bills to a factoring company to collect on them?
The Committee concluded a lawyer may not sell delinquent accounts receivable to a third-party factoring company unless each affected client has, after consultation, already consented to the…
If a prospective client gives a lawyer documents that are public record, can the lawyer's partner use that information against the prospective client for an existing client?
The Committee concluded the materials were not confidential. Because the documents were matters of public record, they were neither a 'confidence' (privileged information) nor a 'secret' under DR…
Can a lawyer supply magazines for a business's waiting room in plastic covers printed with the lawyer's name, address, and phone number?
The Committee concluded the arrangement would violate DR 2-103(C) as giving something of value to the business for an implied recommendation, unless the magazine cover either clearly states it is…
When federal law forces a lawyer to report a client's $10,000-plus cash fee and the client's identity, how does that square with the duty of client confidentiality?
The committee did not resolve the conflict between 26 U.S.C. Section 6050I and the confidentiality rule, but it concluded a lawyer who knows a reportable cash payment is coming must, before…
May a California attorney-client retainer agreement include a mandatory binding arbitration clause for future malpractice claims against the attorney?
Per California Formal Opinion 1989-116, yes. The committee opined that nothing in the rules prohibits an arbitration provision in the initial retainer. For an initial retainer (no prior…
Under former California rules, may a lawyer condition representation on the client's advance blanket waiver of the right to disqualify the lawyer in any later matter, regardless of whether confidential information learned would be relevant?
Per California Formal Opinion 1989-115, the agreement is not per se improper. If the client is 'informed' within former Rule 3-310(F), the waiver is valid for confidentiality and for potential…
In a federal civil rights or other private-attorney-general case, must a California lawyer tell the client that the client can settle by waiving the statutory attorney's fees, even though doing so will leave the lawyer unpaid?
Per California Formal Opinion 1989-114, yes. Because the U.S. Supreme Court treated statutory fee awards as the client's property, the lawyer's duties of communication under former Rules 3-500 and…
If a California lawyer represents a parent corporation, may the lawyer take a case against the parent's wholly-owned subsidiary that the lawyer has never represented?
Per California Formal Opinion 1989-113, yes, with two limits. The parent corporation is the lawyer's sole client; it is a shareholder and constituent of the subsidiary, which the lawyer has never…
May a California attorney institute conservatorship proceedings for a client who appears to be incompetent but who has not consented to the conservatorship?
Per California Formal Opinion 1989-112, no. The committee opined that initiating conservatorship over the client's objection would force the attorney to disclose client secrets in violation of…
If a California civil defense lawyer has been served with a complaint, the answer is due, and the client has disappeared, what may the lawyer do, and what must the lawyer disclose to the court or to opposing counsel?
Per California Formal Opinion 1989-111, the attorney must take reasonable steps to avoid reasonably foreseeable prejudice (including filing the answer where appropriate), make a diligent effort to…
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.