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 my firm mail a newsletter to companies or individuals who aren't current clients?
No, at the time of this opinion. The panel held that mailing a newsletter to non-clients was direct contact recommending the firm's employment under DR 2-103(A), and that the newsletter did not fall…
I'm a real estate attorney who owns half of a mortgage brokerage. Can the brokerage use me to close its loans, can a borrower waive independent title counsel and use me instead, can I also handle the purchase-and-sale closing, and can I share office space and overhead with the brokerage?
Yes to all four, according to the panel, as long as the attorney fully discloses his ownership interest in the mortgage brokerage to any borrower he represents on title work or a purchase-and-sale…
When a lawyer withdraws from representing both an employer and its employees over a conflict, who is entitled to the file the lawyer created?
The committee concluded that which documents belong to the employer versus the employees is a legal question outside its province; the ethics rules only require the lawyer to return property to the…
Can a Virginia lawyer split a fee with an out-of-state attorney who refers a criminal case and acts only as an interpreter?
The committee concluded the proposed fee split was not improper so long as the client consented to the additional employment and the division terms and both attorneys assumed responsibility after…
Can a lawyer run a second business or share office space with a nonlawyer from the same premises?
The opinion concluded that a lawyer may practice two professions from the same premises and may share office space with a nonlawyer, but must preserve client confidences, post separate signs to…
What must a lawyer do when the client secretly tape-recorded the opposing party's privileged conversation?
The opinion concluded that a lawyer whose client secretly recorded a private conversation between opposing counsel and the opposing client is not required to withdraw, and may not use the tape or…
Can an attorney who is also a real estate broker advertise both roles when soliciting real estate business?
The opinion concluded that an attorney/real estate broker may truthfully state on legal letterhead that he also holds a broker's license, and may use that letterhead for mailed solicitations that…
May a judge lease jointly owned property to a DUI school that receives fee-paying referrals from the judge’s cases?
No. The Commission said the proposed lease conflicted with Canons 5C and 3C because the judge’s interest as landlord in the school’s income could be substantially affected by DUI case outcomes.
Is a judge disqualified solely because an appearing lawyer works at a firm where the judge’s uncle is senior partner?
No. The Commission required a case-specific assessment of impartiality and the uncle’s interest in the firm. Opinion 94-512 later limited this answer to a relative affiliated with the firm, rather…
Can a Georgia lawyer hold a client's file under a retaining lien until unpaid fees are paid?
Generally no. Georgia FAO 87-5 concluded that a lawyer's ethical duty not to prejudice the client is paramount over the statutory retaining lien, so the lawyer may not withhold the client's papers…
An expert witness referral association I represent wants me to ask the ethics panel whether lawyers may recommend it to their clients or represent clients who've engaged it. Will the panel answer that?
No. The panel declined to render an opinion, holding that the request concerned a hypothetical situation not arising from a factual situation faced by the inquirer himself, and so did not comport…
My clients want me to publish an article about their unusual Family Court case, and they're fine with fictitious names being used. Can I do that?
Yes. The panel held that the attorney may properly publish an article on his clients' case because they consented, provided he uses fictitious names for the people and specific places involved to…
Can I send letters offering my services directly to people who were injured in an accident, or to people connected to someone who was injured?
No, at the time of this opinion. The panel held that the proposed letters would violate DR 2-103(A)'s bar on recommending one's own employment to a layperson who has not sought advice about hiring a…
Is it ethical to represent multiple plaintiffs when the defendant makes an all-or-nothing blanket settlement offer?
The Committee concluded there is no ethical problem in representing multiple plaintiffs who have no apparent conflict; a conflict arises only when an all-or-nothing blanket offer is made, at which…
Could a judge serve on a mental health center board when the center’s evaluations came before the judge’s court?
West Virginia JIC Opinion 1988-06 said the judge should not serve on the board because the center’s work product was likely to come before the court.
Can a bar association's nonprofit lawyer referral service require participating lawyers to contribute a percentage of fees from referrals to help finance the service?
The opinion concluded that a nonprofit bar association's lawyer referral service may require participating lawyers to contribute up to ten percent of the net fee from a referral, so long as the…
Can a Mississippi law firm pay associates and paralegals bonuses based on a profit-sharing arrangement tied to hours billed and collected?
The opinion concluded there is no ethical prohibition on the proposed bonus plans; Rule 5.4(a)(3) allows a firm to include nonlawyer employees in a compensation plan based in whole or in part on…
Can a lawyer tell a court reporter not to inform opposing counsel that the lawyer ordered a deposition or trial transcript?
The opinion concluded it is normally not unethical, because there is no general duty to disclose that a transcript was ordered, but it becomes a DR 1-102(A)(4) violation (dishonesty or deceit) if…
Must a lawyer who will be a necessary witness withdraw from the case, and does the substantial-hardship exception save the representation when the testimony concerns a pre-trial issue?
The committee concluded the Code draws no distinction between pre-trial and trial testimony, and that on the limited facts it could not find the substantial hardship needed to excuse withdrawal, so…
If a lawyer learns in discovery that opposing counsel advanced money to a client against a settlement, must the lawyer report it, and does a protective order excuse the duty?
The committee concluded that advancing money to a client (not for litigation expenses) violated DR 5-103(B), the unprivileged knowledge of it raised a substantial question of fitness so it had to be…
Can a lawyer keep representing a client in a later, related suit when the lawyer may be called as a witness other than on the client's behalf?
The committee concluded that under DR 5-102(B), a lawyer who may be called as a witness other than on behalf of his client may continue the representation until it becomes apparent that his…
Can a lawyer for a government agency impose a blanket veto that bars an opposing lawyer from contacting any agency employee outside the government lawyer's presence?
No. The opinion concluded the no-contact rule (DR 7-104(A)(1)) does not let government counsel veto all informal contacts; it does not reach employees who lack power to bind the agency or hold no…
Can a liability insurer's instructions limiting how defense counsel conducts the defense create an ethical problem for the lawyer?
Yes. The opinion concluded that, although an insurer may legitimately control costs, carrier-imposed restrictions can reach a point where they threaten the lawyer's ability to give the insured (the…
Can a law firm mail seminar brochures to non-clients, and must the brochures be labeled as advertisements?
The opinion concluded that a firm may conduct legal seminars within the committee's guidelines and mail brochures publicizing them to non-clients, even when the motive is financial. A brochure that…
May a lawyer write directly to the members of a represented municipality's council to protest the legal position it took as amicus curiae in a pending appeal?
The opinion concluded that sending such a communication directly to the council of a represented amicus municipality could violate the no-contact rule, because 'party' reaches any interested…
Can a lawyer agree to draft a complaint for a client to sign and file pro se, without entering an appearance, when the lawyer declines the full case?
The opinion concluded the lawyer did not act unethically by limiting the representation to preparing a non-frivolous complaint the client signed and filed pro se, and need not sign it or enter an…
If a client receives an unsolicited ex parte letter from a tribunal member favoring the client, must the lawyer disclose it to opposing counsel?
The opinion concluded the Bar Rules did not require disclosure, because the client's receipt of the unsolicited letter was a client 'secret' and no rule expressly required disclosing an…
Can lawyers set up a privately owned, for-profit lawyer referral service funded by fees from participating attorneys or a split of referred-case fees?
The opinion concluded the proposed privately operated referral service violated both the rule allowing referral payments only to a bar-association service and the rule on fee division, so…
Can a solo lawyer add a semi-retired 'of counsel' lawyer's name to the firm name, calling the firm 'A and B'?
The opinion concluded that naming the firm 'A and B' is permissible only if the relationship is in fact more than office-sharing (ongoing consultation and shared responsibility for clients); if so,…
I'm a Rhode Island lawyer who is also a state employee. Can I participate in a strike by state employees?
No. The panel held that the inquiring attorney, a state employee, may not participate in a strike by state employees, reasoning that public employees are already barred from striking against their…
My sole proprietorship wants to form a partnership with an out-of-state firm that might include one or more professional corporations. Is that permissible?
Partly. The panel held that a sole proprietorship may partner with an out-of-state law partnership as such, provided the resulting firm's letterhead and listings disclose jurisdictional limitations…
May a judge teach civil trial practice to associates of one law firm in an after-work session?
Yes, if the judge remains reasonably available for similar invitations from others and participates with that firm only occasionally. The opinion also permits the described dinner.
When a government agency in a dispute with my client has retained counsel, can I still write directly to the head of the agency about the matter?
The opinion concluded that if the agency head is acting in an official capacity, the lawyer may submit comments to the head under the 'authorized by law' exception to DR 7-104(A)(1), provided the…
May a judge designate remain a director of a community college foundation primarily devoted to fundraising?
No. The Committee concludes that, given fundraising as the foundation’s main function and a five-person board, the judge could not be insulated from solicitation or its public appearance.
Can a lawyer who represents employees in workers' compensation cases switch to representing their employers, withdraw from pending matters, and still collect fees for work already done?
The Board concluded that a lawyer may not oppose a former client in a substantially related matter, may withdraw from a current matter only on compelling circumstances and with the client's consent…
What does the 'Of Counsel' designation mean, and can a lawyer who is also a CPA indicate the second profession on letterhead or run both practices from one office?
The Board concluded that 'Of Counsel' indicates a continuing, close relationship with a lawyer or firm other than as a partner or associate, and that under former DR 2-102(E) a lawyer engaged in…
Can a law firm send newsletters to companies and individuals who are not current clients?
The Board concluded that a law firm may send newsletters to non-clients, provided the newsletters contain no false, fraudulent, misleading, or deceptive statements or claims, because newsletters are…
Can a law firm that represents a public mental-health board also represent neighbors opposing a land-use variance sought by that board's agency?
The Board concluded that a firm representing a public mental-health board could not also represent landowners opposed to a variance sought by the board's agency, because the clients had differing…
Can a county commissioner who is also a lawyer represent clients in the Court of Common Pleas of the same county, and can the commissioner's law partner take those cases?
The Board concluded that the former Code did not specifically preclude a county commissioner from appearing in the county's Court of Common Pleas, in civil or criminal cases, as long as doing so did…
Can lawyers who share office space and some expenses but no longer share fee income keep using a combined firm name like 'Smith, Jones & Blank'?
The Board concluded that under former DR 2-102(C) a lawyer may not hold himself out as having a partnership with other lawyers unless they are in fact partners, so lawyers who only share offices or…
Can a legal research and writing service that works only for lawyers and law firms operate under a trade name, and can the person running it call themselves a lawyer?
The Board concluded that providing legal research and writing services exclusively for lawyers and law firms is not the practice of law, so the service can be marketed under a trade name, but a…
Under Ohio's judicial-conduct rules, could a judge or judicial candidate's campaign committee contribute to other candidates, and could a judge contribute to a political party?
The Board concluded that, unlike the ABA's version, Ohio's Code of Judicial Conduct did not bar a judge or judicial candidate, or the candidate's campaign committee, from contributing to other…
Is it unethical for a Tennessee lawyer to make unsolicited contact with a non-client to seek employment, and must another lawyer who learns of it report it to the Board?
The opinion concluded that unsolicited contact by a lawyer with a non-client for the purpose of securing employment is unethical under DR 2-103(A), consistent with the historical prohibition on…
Can a Tennessee lawyer accept employment from an insurer to represent an insured if the insurer imposes conditions limiting or directing the scope of pre-trial discovery?
The opinion concluded that a lawyer retained by an insurer to represent an insured may not accept the employment subject to conditions limiting or directing the scope and extent of the…
Must a justice recuse while attorneys in a separate lawsuit challenging judicial elections appear before the court?
Yes, while that suit remains pending if the appearing lawyer represents the justice or the plaintiffs in it. The Commission did not extend disqualification to other lawyers at those firms.
Must a judge recuse when a litigant hires the lawyer currently representing the judge’s spouse in an unrelated estate?
Yes. The Commission found the judge disqualified from the post-trial motions, although it noted that the judge could consider whether law permitted disqualifying the lawyer’s late appearance.
Can a law firm set up a separately named storefront company to take in the public's legal inquiries and funnel them to the firm?
The opinion concluded that the proposal had ethical defects: the company would operate as a lawyer referral service subject to the referral-service rule, its name would be misleading, and Florida…
Can a lawyer take assignments from a temporary-lawyer staffing agency that rents lawyers to firms?
The opinion concluded that a lawyer may accept assignments from a temporary-lawyer agency only if confidentiality, conflicts, professional independence, unauthorized-practice, and fee-division…
Can a discharged lawyer keep the client's case file until advanced costs are paid?
The opinion concluded that a law firm discharged before the litigation concludes may assert a retaining lien on the case file until advanced costs are reimbursed or guaranteed, subject to the…
Can a lawyer for the petitioning spouse in a divorce send the unrepresented spouse a letter advising on the meaning of court documents and the choice to waive counsel?
The opinion concluded no; the letter improperly gave misleading legal advice to an unrepresented adverse party, downplayed getting counsel, and fostered the impression the lawyer would protect that…
When a former public defender becomes a prosecutor in the same county, can the rest of the office handle his old cases if he is screened?
The opinion concluded that proper screening avoids imputing the former public defender's conflict to the whole State's Attorney's office, so other prosecutors may handle his former cases without…
If a co-counsel learns the trial lawyer told the client to lie on the stand, must he report it to the court and to the lawyer's other bar?
The committee concluded that if the client committed perjury, the trial lawyer was bound by the fraud-on-a-tribunal disclosure rule, and that the co-counsel who learned of the misconduct had a duty…
Two of my firm's clients are now in a contract dispute with each other, and one objects to my firm continuing to represent the other. Will the ethics panel decide whether I can continue?
No. The panel declined to rule, holding that a contested-fact situation like this, where the dispute is already pending in court, must be resolved in an adversary proceeding rather than through an…
My client wants to bring a claim, but a statute has abolished an element of it. I believe there's a good-faith argument that the abolishing statute is unconstitutional. Can I ethically proceed?
Yes. The panel held that because the attorney sincerely believed a good-faith argument could be made that the abolishing statute was unconstitutional, proceeding with the claim was permissible under…
An out-of-state law firm organized as a professional corporation wants to open a Rhode Island branch office, and I would staff it as the Rhode Island-admitted lawyer. Is that permissible?
No. The panel held that because the out-of-state professional corporation had not been organized under Rhode Island's Professional Service Corporation Law, it could not practice law in Rhode Island,…
I currently represent a husband in an unrelated matter where he shared confidential financial information with me. His wife just called asking me to represent her in divorcing him. Can I take her case? Can I keep representing the husband on his other matters?
No to representing the wife: the panel held that representing her in the divorce would violate the Code, regardless of whether the confidential information from the husband was actually relevant to…
Could a judge be the subject of a fundraising roast for the Make-A-Wish Foundation?
West Virginia JIC Opinion 1988-04 said the judge’s participation as the roast honoree was prohibited by former Canon 5B(2).
May a lawyer represent an injured plaintiff suing the lawyer's current client, who is the plaintiff's relative, with recovery limited to insurance?
Under the former RPC 1.7(c)(2), the Committee prohibited the proposed suits by injured relatives against current clients, even with full consent and recovery limited to insurance.
When a Deputy Attorney General joins a private firm, what matters before his former state agency can he and the firm still handle?
The Committee concluded the association is proper if the firm withdraws from matters improper for it to handle: under RPC 1.11(a), where the former government lawyer had substantial participation,…
Can a lawyer keep representing the husband in a divorce when a partner once did legal work for the wife, both before and after joining the firm?
The opinion concluded that the lawyer may continue representing the husband over the wife's objection, provided the partner gained no confidential information material to the domestic case while…
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.