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 closing attorney disburse loan proceeds before recording when the realtor and seller demand it, even though the lender's instructions require recording first?
The opinion concluded that the attorney may not ignore the lender's instruction that recording precede disbursement: the lender is the attorney's client, the trust rules require disbursing entrusted…
Can a board-certified legal specialist advertise using variations of the official specialty designations rather than the exact wording?
The opinion concluded that a board-certified specialist may use variations of the official designations so long as the variations are not false, misleading, or deceptive, because nonmisleading…
After representing a husband in a custody case against his first wife, can the lawyer later represent his second wife in divorcing him?
The opinion concluded that because the prior custody case is not substantially related to the new divorce, the lawyer may represent the second wife, but may not reveal the husband's confidences or…
Can a plaintiff's lawyer send settlement demands directly to the insurer that is providing defense counsel for the adverse party?
The opinion concluded no, unless defense counsel consents, because an insurer that provides counsel to defend its insured against a liability claim is itself a represented party under the no-contact…
When a client stops paying, can the lawyer sue for fees or take other action against the client during the representation?
The opinion concluded that a lawyer whose client has reneged on a fee agreement should not take action adverse to the client until the representation has ended; if the nonpayment compromises the…
Can a lawyer who regularly represents an insurer serve as that insurer's party-appointed arbitrator on a tripartite panel?
The opinion concluded that an insurance defense lawyer may serve as a non-neutral, party-appointed arbitrator on a tripartite panel in a proceeding involving a regular client, provided the…
Can a law firm publish a 'tombstone' announcement naming the deals it worked on and the clients involved?
The opinion concluded a firm may publish 'tombstone announcements' of its participation in selected transactions, naming the clients, but only with each client's prior consent after full disclosure,…
Can a lawyer draft a client's will that names the lawyer as a devisee, even if only to pass the property on to a charity of the lawyer's choosing?
The committee concluded that DR 5-104(B) bars a lawyer from preparing an instrument giving the lawyer a testamentary gift unless the client is a relative, and that to comply the property should be…
Can a closing attorney disburse builder's proceeds and a construction-loan payoff before the lender's deed of trust is recorded, if the lender consents?
The committee concluded it would be improper to disburse the builder's proceeds and construction-loan payoff before recordation of the lender's deed of trust, because Virginia Code 6.1-2.13 barred a…
When may a lawyer disburse settlement funds a third party claims a lien on, and must the lawyer start proceedings to resolve the lien?
The opinion concluded that, following Opinion 88-02, a lawyer pays settlement funds to whoever is clearly entitled and otherwise holds disputed funds in trust or interpleads them. The lawyer may not…
Can a plaintiff's lawyer interview a corporate defendant's employee witnesses without going through the corporation's lawyer?
The opinion concluded a lawyer may directly contact and interview a corporate opponent's lower-level employee witnesses without the corporation's permission or notice to its counsel, as long as the…
I represent a guardian of a minor's estate in Probate Court. I've sent six letters over 15 months reminding my client of the legal duty to file accounts, and my client still hasn't filed them. Can I withdraw?
Yes. The panel held that, based on the attorney's representations, he could move to withdraw under DR 2-110(C)(1)(d), while remaining subject to the general withdrawal requirements of DR 2-110(A).
May a town or village justice use a confidential law clerk appointed and paid by the county, and is there a conflict when the district attorney appears before the justice?
The opinion concluded that a justice may use a county-appointed law clerk where the clerk is 'court personnel' subject to the justice's sole direction and control, or qualifies as a disinterested…
Can an Ohio legal professional corporation include in its name an associate who is not a shareholder?
The Board concluded that the name of a legal professional corporation should not include the name of an associate who is not a shareholder, because Governing Bar Rule III, Section 2(A) limited the…
When a former county public defender becomes county prosecutor, can the office still prosecute cases that were pending in the public defender's office, by assigning them to a special prosecutor?
The Board concluded that a former public defender who became county prosecutor could appoint one of his assistants as special prosecutor to handle cases that had been pending before the public…
Can an Ohio lawyer offer clients a videotape of the reading and signing of their will?
The Board concluded that nothing in the former Ohio Code of Professional Responsibility prohibited a lawyer from offering clients a videotape of the reading and signing of a will, but the clients…
Could a prosecutor appear before a part-time municipal court judge who employed one of the prosecutor's assistants as an associate in the judge's private law firm?
The Board concluded that nothing in the Code specifically barred a prosecutor from appearing before a part-time judge who employed the prosecutor's assistant, but that the prosecutor should not…
Could a lawyer provide a free consultation to surviving family members as part of a funeral director's package, with the funeral director referring the family to the lawyer?
The Board concluded that a lawyer could not provide a free consultation as part of a funeral package, because former DR 2-103(C) barred requesting an organization to recommend the lawyer's services…
When a landlord's lawyer refiles an eviction, must the lawyer notify the lawyer who had represented the tenant in an earlier eviction that was dismissed two months before?
The Board concluded that a lawyer who refiles an eviction is not ethically obligated to contact the lawyer who had represented the tenant in a similar action dismissed two months earlier; the…
Could a lawyer serve as a Court of Claims Commissioner in the Victims of Crime Reparation section while also working as a Special Assistant Attorney General on unrelated matters?
The Board concluded that a lawyer who sat as a Court of Claims Commissioner hearing reparation appeals could also serve as a Special Assistant Attorney General on collection work and matters for the…
Could a lawyer write to adoption organizations asking them to refer prospective clients, offering discounted fees for adoptions of 'special children'?
The Board concluded that a lawyer could not send letters to adoption groups seeking their referral of clients, because former DR 2-103(C) barred requesting a person or organization to recommend the…
Could a part-time city, municipal, or county prosecutor represent criminal defendants in private practice, and were the prosecutor's law partners barred too?
The Board concluded that a part-time prosecutor whose duties included representing the State of Ohio in criminal cases could not represent criminal defendants against the State, with only narrow…
Can a lawyer take a mortgage on a client's home to secure payment of the legal fee, and what conditions apply?
The opinion concluded that a lawyer may take a mortgage on a client's property to secure a fee, but the transaction is a business transaction under DR 5-104(A), so it requires the client's consent…
Can a lawyer sign a contract for the book or movie rights to a client's case while still representing the client?
The opinion concluded that a lawyer may not enter a publication or production rights contract, with the client or a third party, until all aspects of the matter are concluded, and that even…
If I own an apartment in a co-op or condo, can I serve as the building's lawyer, or represent a fellow tenant, the board, or a buyer in matters involving the building?
The opinion concluded that a lawyer-tenant's own property and personal interests may compromise independent judgment, so the lawyer may represent the cooperative, a co-tenant, a buyer, or a tenants'…
When a public defender represents two unrelated defendants and one tells the lawyer the other confessed, must the lawyer withdraw, is the whole office disqualified, and can the lawyer explain why?
The opinion concluded that the lawyer must withdraw from representing both clients, the entire public defender's office is likewise disqualified from representing either, and the lawyer may not…
Can a lawyer for the opposing party interview former employees of a represented corporation without corporate counsel's permission?
The opinion concluded a lawyer may contact former employees of an adverse corporation, including former control-group members who dealt with the matter, without corporate counsel's consent, because…
After a lawyer's firm dissolves and a judgment is vacated, must the lawyer keep representing the client at a new trial, and what are the duties around the contingency fee?
The opinion concluded that whether the lawyer may keep the contingency fee and whether the original retainer requires continued representation are legal questions beyond the committee's…
Can a lawyer hold embezzled money a client deposited in trust, and must the lawyer turn it over to authorities?
The Committee concluded that a lawyer cannot use the attorney-client privilege to keep the fruits of a client's crime; the funds must be surrendered to an appropriate law enforcement official with…
Could a law firm mail its newsletter to North Dakota recipients who were not clients?
The committee saw no ethical problem with the described mailing if it followed Colorado Formal Opinion 74. It said North Dakota Rule 7.1 permitted communications to clients and nonclients so long as…
What should a lawyer do when a client rejects a settlement offer and the lawyer doubts the client’s ability to decide?
The committee presumed client competence and said a reasonable client request must be honored. If counsel believed the client could not make the decision, it identified seeking a guardian,…
Could a municipal judge also serve as a state’s attorney in another county or an assistant state’s attorney in the same county?
The committee found no ethical problem with judging in one county while serving as state’s attorney in another. It found no categorical bar to the same-county assistant role, but said the lawyer…
Can a Mississippi lawyer advertise that he is a board-certified trial specialist certified by the National Board of Trial Advocacy?
The opinion concluded a lawyer may not publicly state he is a certified specialist in any field other than patent or admiralty; because Mississippi has no procedure recognizing NBTA trial…
Can a Mississippi lawyer accept a deed to a divorce client's interest in a jointly-owned marital home as payment of the lawyer's fee?
The opinion concluded the lawyer may not accept a deed conveying the husband-client's interest in the jointly-owned home as a fee, because it would acquire a proprietary interest in the litigation's…
Can a Mississippi lawyer who handled a client's irreconcilable-differences divorce later represent that same client against the ex-spouse in a modification or contempt proceeding?
The opinion concluded such representation is permissible; no conflict arises from representing the same client against the same opponent in a later proceeding, provided the lawyer followed the…
Can an inactive member of the Mississippi Bar state on firm letterhead or in advertising that he is licensed and admitted to practice law in Mississippi?
The opinion concluded that an inactive member may not represent on letterhead or in advertising that he is licensed and admitted to practice in Mississippi, because by statute an inactive member is…
Can a part-time municipal judge pro tem and members of his law firm represent criminal defendants in the same municipal court where he sometimes presides?
The opinion concluded that a municipal judge pro tem and his firm may not represent defendants in that municipal court, even in cases he did not hear, but may represent defendants in circuit court…
Can a private attorney who takes legal services program cases, or who sits on the program's board, represent clients with interests adverse to the program's clients?
The opinion concluded that a private attorney associated with a legal services corporation, and the corporation's staff attorneys, may represent opposing parties in wholly unrelated cases on a…
Can a Mississippi lawyer who closed a buyer's real estate loan for the mortgage company, giving the buyer no legal advice, later defend the homebuilder in a suit brought by that buyer?
The opinion concluded the lawyer may defend the homebuilder, because the mortgage company's customer was never the lawyer's client; the lawyer's clients were the homebuilder and the mortgage…
Can a lawyer place title insurance for a client through an agency the lawyer's firm has a financial interest in, and what must the lawyer disclose?
The committee concluded there is no per se bar under DR 5-101(A) to a lawyer obtaining title insurance for a client through a firm-affiliated agency; the controlling factor is the adequacy of the…
Can an attorney who had to withdraw from a driver/passenger case because of a conflict still collect a referral fee for sending one client to a certified trial attorney?
The Committee concluded a referral fee is not authorized: where a counterclaim creates a conflict requiring the attorney to withdraw from representing both driver and passenger, the forwarding of…
Can a lawyer who owns or acts as agent for a title insurance company place title insurance for the lawyer's own real estate clients?
For attorneys owning title-company stock, the Committee found an absolute conflict in representing purchaser clients, not cured by disclosure. For an attorney who is only a title agent without…
Is a contingent fee proper in an adult's civil suit against a parent for childhood abuse, and does the agreement need to meet the contingent-fee disclosure rule?
The committee concluded the abuse suit did not fall under its reluctance to approve contingent fees in domestic-relations cases, and that the described agreement complied with DR 2-105(C), advising…
Can a lawyer petition to have a conservator appointed over a present or former client's property when the client opposes it, if the lawyer believes a conservatorship is in the client's best interest?
The committee concluded that it is improper for an attorney to bring an action for appointment of a conservator over a present or former client, within the scope of the representation, even where…
Can I write or call unrepresented people who've already filed claims against a company in bankruptcy, to try to get them as clients?
No, at the time of this opinion. The panel held that directly contacting these unrepresented claimants in writing or by phone to recommend the attorney's own employment would violate DR 2-103(A),…
I'm admitted in Rhode Island. Can I staff a Rhode Island branch office for an out-of-state law firm that's organized as a professional corporation under another state's laws?
No. The panel held that because the out-of-state professional corporation was not organized under Rhode Island's Professional Service Corporation Law, it may not practice law in Rhode Island, and…
My client told me to forward escrow funds to a specific address, but now family members say they're entitled to the money and that my client has permanently left the country. Can I release the funds to the family, or do I need to do something else first?
Not to the family directly. The panel held that client funds may be released only to the client, pursuant to the client's authorization, or under a court order, and that before seeking a court order…
Can I represent my personal injury client's medical insurer on its subrogation claim at the same time I'm representing the client on the underlying injury claim?
Yes, if both consent in advance. The panel held that representing both the medical insurance carrier's subrogation claim and the client's direct personal injury claim is permissible under DR…
A prepaid legal services organization that insures my client wants a document I prepared for that client. Can I release it?
Yes, if the client consents after full disclosure. The panel held that releasing a document prepared for a client who subscribes to a prepaid legal services provider is proper where the client…
Can I form an 'independent partnership' with a Connecticut law firm that's organized as a professional corporation but isn't licensed to practice in Rhode Island?
No. The panel held the arrangement would violate DR 3-103(A), because a Connecticut professional corporation not licensed under Rhode Island's Professional Service Corporation Law may not practice…
My client's only surviving supporting expert witness needs travel expenses my client refuses to pay, and my client won't even discuss it with me. Can I withdraw from the case?
Yes, on these facts. The panel held the attorney could properly move to withdraw under DR 2-110(C)(1)(d), which allows withdrawal where the client's conduct renders it unreasonably difficult for the…
Three of us share office space, stationery, a secretary, and a phone line, but we're not partners. Can we use shared 'Law Offices' letterhead listing all three names, and can the secretary just answer 'Law Offices'?
The shared letterhead violates DR 2-102(B) and DR 2-102(C) because it does not show the lawyers are not partners; each must use a separate letterhead. But having the secretary answer the phone…
When a lawyer and client part ways over a fee dispute, may the lawyer negotiate a release of malpractice claims, and may the lawyer hold the client's papers under a retaining lien to push that release?
The opinion concluded that a lawyer may negotiate a release of malpractice claims only after meeting set conditions (full disclosure of the facts, prior discharge or proper withdrawal, and advice to…
May a circuit judge help test an electronic surveillance device for court-supervised offenders?
Yes, on the stated terms. The Commission found no Canons violation where the judge tested the device to improve the justice system, did not endorse the product, and the activity did not cast doubt…
May a judge use surplus campaign contributions to repay personal loans used for an earlier judicial campaign?
Yes, if the funds clearly reimbursed prior campaign expenditures. The Commission said that use did not itself violate Canon 7B(1)(d)’s restriction on private benefit.
Must a judge recuse from every State Personnel Board case when the judge’s secretary is married to the Board’s lawyer?
No, on the stated facts. The Commission found no required disqualification because the secretary would not participate in those cases; discretionary recusal remained for the judge to assess case by case.
Can a student-legal-services lawyer represent one fee-paying student against another fee-paying student?
The opinion concluded paying the student activity fee that funds the office does not by itself make every student a client, so the director may represent one eligible student against another he has…
Can a lawyer take his fee out of client money he is holding in trust when the client owes him but hasn't paid?
The opinion concluded the lawyer may transfer trust funds to pay his fee only after giving the client written notice of his intention and obtaining the client's affirmative consent, which case law…
Do Florida's contingent-fee limits and Statement of Client's Rights apply to Florida lawyers practicing out of state or working with out-of-state co-counsel?
The opinion concluded that choice-of-law principles, turning on which jurisdiction has the most significant relationship to the client and case, determine whether Florida's contingent-fee schedule…
Must a divorce lawyer report to tax authorities that the opposing spouse understated income on the couple's joint returns?
The opinion concluded there is no duty to report: the fraud was the husband's, not the lawyer's client's, the reporting and client-fraud rules did not reach it, and the IRS is not a 'tribunal' under…
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.