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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Could a city’s lawyer continue as trial advocate if likely to be a necessary witness?
Assuming the lawyer was likely to be a necessary witness, the committee said Rule 3.7 generally barred acting as trial advocate unless an exception applied. It lacked enough facts to decide whether…
Is it a conflict of interest for one assistant attorney general to prosecute a case before a state regulatory board while a second assistant attorney general advises that same board?
The committee concluded there was no conflict because both assistant attorneys general represented the same client, the board, so DR 5-105(C) and (E) did not apply; it strongly suggested precautions…
Must a judge recuse from every case involving a school board that employs the judge’s spouse as a teacher?
No. The Commission said the spouse’s teaching job alone did not require recusal; disqualification arose if the spouse had an interest that could be substantially affected by the case.
Can a part-time assistant Commonwealth's attorney handle personal-injury cases in a jurisdiction where the office also prosecutes crimes, if separate offices and phone lines screen the two roles?
The committee concluded that DR 5-105 and its imputation provision barred the part-time assistant Commonwealth's attorney, and others in the office, from civil matters related to a prosecution the…
Can a lawyer charge a contingent fee to collect undisputed medical-payments benefits under a liability policy?
The opinion concluded that an elevated contingent fee is unreasonable where there is no real risk of nonpayment, as with undisputed med-pay claims; without genuine uncertainty about recovery at the…
Can a North Carolina firm designate as 'of counsel' a lawyer who is licensed in the state but is in the office only a few days a month?
The opinion concluded that nothing in the Rules specifically addresses 'of counsel,' and a firm may use that designation for a North Carolina-licensed lawyer who has a close, continuing in-house…
When a criminal client is charged under an alias hiding a prior record, must defense counsel disclose it, and what happens if the client testifies falsely?
The opinion concluded that before trial counsel has no duty to disclose the client's true name or record and must keep it confidential; at trial counsel may not present perjured testimony or defraud…
Can a lawyer put 'Juris Doctor' on letterhead and business cards, and can it be used in advertising?
The opinion concluded that a lawyer may use 'Juris Doctor' on letterhead and business cards because it is neither false nor misleading there, but its use in advertising could be misleading and must…
Is it unethical for a lawyer to have a sexual relationship with a client while representing that client?
The opinion concluded a sexual relationship with a current client is improper in a range of circumstances, including where the lawyer initiates it in a way that deprives the client of free choice,…
I want to set up a neutral arbitration and mediation practice and advertise that my practice is 'limited to' that work. Is that brochure language proper, and can I identify myself as an attorney?
Yes, at the time of the opinion. The panel found no violation of the Code of Professional Responsibility in limiting a practice to neutral dispute resolution, and approved identifying oneself as an…
Can a lawyer employed by a county Department of Social Services bid to buy real property the department is selling at public sale?
The opinion concluded that the lawyer may not bid, because the lawyer and the public-body client have differing interests in the sale, the public body cannot consent to the conflict, and the lawyer…
Can a lawyer reimburse a witness for expenses, and pay a fact witness for time spent being interviewed?
The opinion concluded a lawyer may reimburse a witness's reasonable expenses and pay reasonable compensation for lost time, including time spent in an interview, but never as a way to influence…
Can a part-time county public defender represent a private client in a civil suit against the same county?
The opinion concluded a part-time public defender may sue the county for a private client only with the client's consent after full disclosure of the public-defender relationship, because the lawyer…
If a contingent-fee lawyer is disbarred mid-case, can he recover for work already done, and must the successor lawyer share the fee with him?
The opinion concluded the disbarred lawyer may recover in quantum meruit for the reasonable value of work done before disbarment, but the successor lawyer has no obligation to divide the contingent…
Can a lawyer charge a fee to a doctor or health-care provider who is paid out of the client's settlement, when the provider never agreed to it?
No. The opinion concluded a lawyer may not automatically charge an additional fee to a physician or health-care provider for forwarding payment out of a client's settlement when the provider was not…
What are a lawyer's duties when a health care provider asks the lawyer to sign a lien against the client's injury settlement?
The opinion concluded that the client decides whether to sign a provider's lien form after the lawyer explains its consequences; the lawyer may not sign the form in a way that misleads the provider…
Can a lawyer informally interview the opposing side's designated expert witness without notifying opposing counsel?
The opinion concluded (by a 14-8 vote) that a lawyer may not ethically conduct an ex parte interview with an opposing party's testifying expert who falls within Rule 26(b)(4), because that rule…
How much can a lawyer pay a fact (nonexpert) witness for testifying?
The opinion concluded that SCR 20:3.4(b) prohibits offering a witness an inducement that is prohibited by law, and that while it is permissible to pay reasonable amounts for a witness's lost wages,…
Can a lawyer who gets clients through a bar association's lawyer referral service pay the service a percentage of the fees earned from those clients?
The opinion concluded that under SCR 20:7.2(b) lawyers registered with a bar association's lawyer referral service may contribute a percentage of collected fees toward operating the service, but…
Can a lawyer (or the lawyer's firm) handle divorce cases when the lawyer's spouse is the county's only social worker doing the custody and abuse studies in those cases?
The opinion concluded that the Rules of Professional Conduct do not prohibit a lawyer from representing a party or guardian ad litem in a divorce where the lawyer's spouse is the sole county social…
If a lawyer will probably have to testify from personal knowledge for the client, must the lawyer and the firm withdraw from the case?
The opinion concluded that, unlike the pre-1988 rules, SCR 20:3.7 does not automatically disqualify a lawyer's firm when the lawyer testifies for the client on a contested issue. SCR 20:3.7(b) lets…
Under the trust-account rule, can a lawyer count service costs when deciding whether to open a separate account for briefly held funds, what client 'property' must be safeguarded, and who must be notified?
The opinion concluded, on four questions under SCR 20:1.15, that a lawyer may consider the cost of the lawyer's and staff's services in deciding whether briefly held funds would yield the client a…
In a private adoption, can a lawyer advertise for birth mothers, broker the match between birth and adoptive parents, and represent only the adoptive parents?
The opinion concluded that whether a lawyer may solicit or advertise for birth mothers the lawyer will not represent first depends on whether that conduct is legal under Wisconsin law, and if legal,…
Can a lawyer running for judge keep their membership and offices in a political party during the campaign?
The opinion concluded no. The committee read SCR 20:8.2(b), which requires lawyers who are candidates for judicial office to comply with the applicable provisions of the code of judicial conduct,…
When a lawyer leaves an office-sharing practice to become an assistant city attorney, can he appear before a relative who is a municipal judge, prosecute his old firm's former clients, or face his relatives as defense counsel?
The opinion concluded that the new assistant city attorney may not appear before his office-mate relative sitting as municipal judge, because SCR 60.03 would require the judge to recuse and SCR…
A lawyer is defending a small corporation in two lawsuits and is also representing its sole shareholder in his divorce. Can the lawyer keep doing both?
The opinion concluded that the lawyer may continue both representations if the divorcing spouse (the petitioner) is not individually a client in the corporate lawsuits, because then there is no…
When must a lawyer break client confidentiality to report that a client is abusing, or failing to protect, the client's child?
The opinion concluded that where the client is the abuser and the lawyer reasonably believes the abuse will continue despite efforts to get the client to stop and seek counseling, the lawyer must…
A lawyer for a seller learns just before closing that hazardous waste is buried on the property and the buyer has not been told. Must the lawyer disclose, and can quitting avoid the duty?
The opinion concluded that whether the lawyer must disclose turns on whether nondisclosure would be criminal or fraudulent, a legal question outside the committee's jurisdiction; but if it would be,…
Can a Wisconsin lawyer who works full-time for an accounting firm list their J.D. and LL.M. degrees on the accounting firm's business card?
The opinion concluded yes, a Wisconsin-licensed lawyer employed full-time by an accounting firm may indicate J.D. and LL.M. degrees on a business card, withdrawing the committee's earlier Formal…
If a lawyer must be disqualified because the lawyer will be a witness, can the lawyer's firm still handle discovery and pretrial work?
The committee concluded that when a lawyer and firm are disqualified under DR 5-102 because the lawyer ought to be a witness and may give testimony prejudicial to the client, the firm should not…
Can a lawyer interview a former officer or trustee of the opposing organization without opposing counsel present?
The committee concluded that a lawyer may interview ex parte a former trustee of an opposing trust who witnessed the relevant events, because a former agent is not a 'party' under DR 7-104(A)(1);…
Could a Nebraska lawyer mail solicitation letters to identified people known to face particular legal problems?
Yes under the 1988 opinion if the letters were truthful and nondeceptive and complied with former restrictions on vulnerable recipients, opt-outs, coercion, labels, and recordkeeping.
Can a lawyer who left a firm sue the firm's former client when she never worked on that client's matter and holds no confidences?
The committee concluded that a lawyer who leaves a firm is not automatically barred from suing that firm's former client; she may take the matter if she holds no relevant confidences or secrets and…
How long did Nebraska's former ethics code require a lawyer to keep a closed client file?
The 1988 opinion set no fixed period. Lawyers had to use judgment based on client property, future usefulness, limitations periods, expectations, confidentiality, and storage concerns.
Can a law firm offer a union's members discounted legal fees and answer questions at the union hall without violating the anti-solicitation rules?
The committee concluded that discounting fees to union members is protected cooperation with a 'qualified legal assistance organization' under DR 2-103(E), not an improper payment to solicit…
My client's collision insurer paid for car repairs but never contacted me about reimbursement or subrogation. Now I've received the settlement. Do I owe the insurer anything before I release the funds to my client?
No. The panel held that the attorney has no duty to a collision insurance carrier regarding disbursement of settlement funds where the carrier never contacted the attorney for reimbursement or…
Could a Nebraska law firm list individual paralegals or legal assistants on its professional letterhead?
Yes. The 1988 opinion allowed the names if the letterhead clearly identified those employees as nonlawyers rather than attorneys.
When can a lawyer who used to represent a government agency later appear against it, and is the lawyer's new firm disqualified too?
The committee concluded that a former government lawyer may appear against his old agency in any matter in which he had no substantial responsibility while in government and where he misuses no…
Could outside counsel for a Vermont state agency oppose a board represented by the attorney general's office?
Opinion 88-13 permits the agency lawyer to continue on the stated facts because the lawyer was not an assistant attorney general and had no board-client relationship or access to the attorney…
Could a Vermont firm sue former clients in a dispute unrelated to earlier work for them?
Opinion 88-12 allowed the suit where the earlier matters were not substantially related and no former-client secrets or confidences could be used, but required withdrawal if collection would rely on…
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…
Could a Vermont lawyer list CPA, financial planner, and engineer credentials on firm letterhead and advertising?
Opinion 88-10 allows a lawyer actually qualified in those professions to list the credentials, after deletion of former DR 2-102(E), if the listing is not false or misleading under DR 2-101.
Could screening allow one Nebraska public defender to challenge another lawyer from the same office as ineffective?
No. The 1988 opinion imputed the conflict across a centrally supervised public defender office and held that a screen could not cure it.
Can a firm represent a town's school board while also defending criminal clients in cases brought by the town's police?
The committee concluded that a firm may represent an independently elected school board while defending criminal clients whose complainants are town police, because the school board and police are…
Could a Vermont lawyer serve as a part-time county prosecutor while the lawyer’s firm defended criminal cases in other counties?
Opinion 88-09 said the prosecutor could not remain in the defense firm because the prosecution and defense roles were inherently opposed and the public could not consent to the conflict.
Could a Vermont attorney serving as executor sell estate property to an associate in the attorney’s firm?
Opinion 88-08 found the sale was not barred on the stated independent appraisal, full disclosure, and required approvals, while expressing concern about its appearance to the public.
Could Vermont defense counsel continue when a former juvenile client might testify for the prosecution?
Opinion 88-07 permitted continued defense representation if no relevant former-client confidences or material financial interest affected counsel, adequate representation was obvious, and both…
Could a public defender use independently gathered evidence of a deceased former client's violent reputation in a murder defense?
Opinion 88-06 permitted the evidence on the stated facts because it came from independent witnesses and public records, not from the prior lawyer-client relationship. The committee distinguished…
Could a Vermont lawyer mail office-opening announcements naming practice areas to prospective clients?
Opinion 88-05 permitted a general mailing to people with a general connection to the named practice areas and allowed the lawyer to identify intended concentrations. It distinguished mailings aimed…
Could a law firm’s nonlawyer assistant represent its manufacturer client at Motor Vehicle Arbitration Board hearings?
Opinion 88-04 said the proposed appearances would be unauthorized practice of law and the firm would aid it under DR 3-101(A). The client’s ability to appear through its own employees did not…
Can a West Virginia lawyer make settling a civil case conditional on the other side withdrawing its bar disciplinary complaint?
No. LEI 88-03 concluded that a lawyer who requests or agrees to have an ethics complaint dropped in exchange for settling related litigation may have committed a separate ethical violation, and the…
Under Vermont Opinion 88-03, what limits applied to selling a law practice and notifying its clients?
Opinion 88-03 concluded that the firm's goodwill could not be sold under the ethical principles it applied. The departing lawyer had to notify clients of their choice of counsel and access to their…
Can a West Virginia child support advocate (and the advocate's law partners) take private domestic relations cases on the side?
LEI 88-02 concluded that a Child Advocate may not represent private clients in any domestic relations matter anywhere in the state; the advocate's partners and associates are barred only in the…
I elected not to put client funds in an interest-bearing account. Do I have to renew that election every year, or does one notice to the court cover me going forward?
One notice is enough. The panel held that once a lawyer elects under DR 9-102(F) not to deposit client funds in an interest-bearing account, that election remains good until the lawyer files notice…
Could Vermont murder defense counsel continue when a former client would testify for the prosecution and counsel knew her confidences?
Opinion 88-02 required withdrawal unless the former client consented after disclosure to use protected information and both former and current clients consented to the conflict, with adequate…
Could a Vermont public defender firm represent a murder defendant when the alleged victim was its former client?
Opinion 88-01 required withdrawal because the proposed self-defense case would reveal the deceased former client's protected secrets, which survived death and could not be waived by next of kin.
Can a plaintiff's lawyer interview a corporate defendant's current employees about the events in the lawsuit without the corporation's lawyer's consent?
The Committee concluded the lawyer may not contact a corporate defendant's employee without opposing counsel's consent if the employee is an officer or managing employee, or if the employee's own…
Can a law firm hire a public relations agency for a monthly fee to publicize its high-profile cases and offer its lawyers as media sources?
The Committee concluded that, in the narrow context described, hiring a public relations agency is not inherently deceptive or misleading and is permitted. The lawyer remains responsible for the…
Can a law firm require a departing associate (or the associate's new firm) to pay it a percentage of fees later earned from former clients, and treat its clients as firm property?
The Committee concluded both are improper. An employment or partnership agreement requiring a departing lawyer to pay the former firm a percentage of fees later earned from former clients is a…
Can a lawyer participate in or recommend that a client sign a contingent-fee contract with a medical-legal consulting firm that supplies expert witnesses?
The Committee concluded that an attorney who aids, assists, or permits a client to enter a contingent-fee contract with a medical-legal consulting firm that provides expert testimony violates DR…
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.