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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When a county prosecutor brings a paternity or child-support case for the State, can the same prosecutor also represent the mother, and what must the prosecutor tell her?
The committee declined to give yes-or-no answers to the hypotheticals and instead set out the analysis: the prosecutor's first client is the State (DSHS), a second attorney-client relationship with…
Could a newly appointed Nebraska county public defender seek post-conviction relief by attacking the former public defender office's effectiveness?
No. Even though all personnel had changed, the 1987 opinion found a conflict and appearance problem in attacking the predecessor office's reputation and required outside counsel.
Could a Nebraska county attorney establish paternity for the state and then represent either parent in the resulting custody dispute?
No. The county attorney's duties to the state and child could conflict with either parent's custody and support interests, and the minor child could not consent to the multiple representation.
Could a Nebraska lawyer represent one party to a transaction while also serving as escrow agent for all parties?
Potentially, with full informed consent and an obvious ability to protect all interests, but the escrow agreement needed conflict-resolution procedures and some disputes required resignation.
When could a Nebraska lawyer seek release from a court appointment to represent a person unable to obtain counsel?
Only for compelling reasons such as an ethics conflict, intense personal feelings impairing effectiveness, lack of competence, or unreasonable financial hardship.
Can a financial services firm send its clients letters offering a law firm's services at reduced rates as a way to bring the law firm business?
The committee concluded that a law firm may not let a financial services agency solicit business for it by writing to the agency's clients offering the firm's services at reduced rates, because the…
Could a Vermont lawyer represent debtors when a possible bankruptcy creditor was a close friend and distant relative of another firm lawyer?
Opinion 87-20 allowed the representation after disclosure and client consent on the stated absence of any actual risk of unfairness, even if the friend later became a creditor.
Could a Nebraska lawyer participate in a for-profit referral program offering free or discounted services?
Yes if the lawyer paid no value for recommendations and ensured full ethics compliance. Client discounts were allowed, but telemarketing and other program practices remained restricted.
If a lawyer holds real estate closing funds, must the lawyer account to the client for any interest earned, and when may the funds go into an IOLTA account?
The committee concluded that once a lawyer deposits client closing funds in an interest-bearing account the lawyer must account for the interest, however small; whether funds may go in an IOLTA…
Could a Vermont agency lawyer represent both the agency and an individual in collecting money owed to each?
Generally no. Agency policy subordinating its claim and individual consent did not make adequate dual representation obvious; limited joint representation was allowed only when federal law made both…
Could a Vermont firm foreclose for a lender against a former client whom it represented in the property purchase?
Opinion 87-18 disqualified the lawyer and firm from the foreclosure because it arose from the same purchase and mortgage transaction; the committee said client consent could not cure the divided loyalty.
Must a Vermont criminal-defense lawyer disclose an unrelated bank statement supplied by a client's relative to prosecutors?
Opinion 87-17 found no duty to disclose a bank statement unrelated to the charges, directed its return to the client, and found no reason to withdraw while the client wanted continued representation.
Could a Vermont prosecutor require a guilty rather than nolo plea solely to help a victim’s later civil case?
Opinion 87-16 said a prosecutor could not insist on a guilty plea when the sole motive was to give the victim an advantage in civil litigation.
Could a Vermont firm represent a real estate client adverse to the spouse of its paralegal?
Opinion 87-15 found no automatic disqualification on those facts, but required disclosure of the relationship, client consent, and protection of confidential information by screening the paralegal…
Could a Vermont lawyer represent a wife in guardianship after withdrawing from joint probate representation of her and her husband?
Opinion 87-14 said no: the related guardianship could require use of information gained from the former husband, and the committee found a troubling appearance of impropriety even if consent were…
Could a Vermont lawyer take a mortgage on a client's home to secure future legal fees?
Opinion 87-13 permitted a mortgage to secure earned or anticipated legal fees and expenses, but rejected a mortgage unrelated to fees taken to frustrate the client's judgment creditors.
Could a lawyer pay the Vermont Bar’s nonprofit referral service a percentage of a referred fee?
Opinion 87-12 allowed a lawyer to accept a referral and pay the service its usual charge, including the stated ten-percent share of any resulting fee, under amended DR 2-103(C).
Could one Vermont firm represent a bank and its loan originator when originator employees would testify in a lien dispute?
Opinion 87-10 rejected joint representation because employee testimony could expose the originator to a future claim by the bank, dividing counsel’s loyalty; the committee said consent would not…
Did a Nebraska criminal-defense lawyer always have to withdraw after delivering physical evidence to the county attorney?
No. The 1987 opinion said the lawyer should consider withdrawal when law and ethics required delivery, but rejected a per se rule requiring withdrawal in every case.
Can a lawyer bring a personal injury suit on behalf of a minor child against the child's own parents when the lawyer represents or represented the parents?
The committee concluded that a lawyer may not name a parent as the child's next friend and sue that parent where it conflicts with the lawyer's representation of the parent (as in two of the three…
What does a Vermont lawyer do with an unearned retainer balance when the former client cannot be located?
Opinion 87-09 says the unearned balance remains client property in trust and, if unclaimed seven years after it should have been refunded, is handled under Vermont's unclaimed-property law.
Must a Vermont lawyer report a good-faith belief that opposing counsel secretly contacted the lawyer's represented client?
Opinion 87-08 required a report on the stated facts and said the lawyer need not investigate or finally decide misconduct before informing the authority empowered to investigate.
Could a Vermont defense firm continue a case after hiring a state lawyer who had worked on that case for the Attorney General?
Opinion 87-07 allowed the firm to continue if the former government lawyer was fully screened from the matter and its fees, the former public agency approved the screen, and the stated client consent held.
Could a Vermont law firm associate represent a lawyer in the same firm who was a defendant and likely witness in a civil case?
Opinion 87-06 allowed the associate to represent the lawyer-party because the lawyer would testify as a party and would not act as trial advocate.
Could a former Vermont state commission member lobby for an industry company on the issues he handled in government?
Opinion 87-04 barred the proposed private lobbying because the lawyer had substantial responsibility for the same matter as a public employee and the new work raised appearance concerns.
Could a Vermont real estate lawyer also sell title insurance to the client as the insurer’s agent?
Opinion 87-03 allowed the dual role with informed consent and adequate representation of both clients, while requiring competent product advice and reasonable fees and flagging a possible statutory…
Could a Vermont lawyer participate in a for-profit prepaid legal service plan under the former Code?
Opinion 87-02 allowed participation after deletion of the former categorical ban if the plan preserved independent judgment, confidentiality, competence, and compliant advertising, solicitation, and fees.
May a lender require the borrower to pay the lender's lawyer in a loan transaction?
Opinion 87-01 found no ethics objection when the lender required the borrower to pay its lawyer's fee, provided the borrower was clearly told that the lawyer represented only the lender.
Can a lawyer who represents a civil plaintiff also help prosecute a criminal charge against the same defendant while the civil suit is still pending?
The Committee concluded that, on the facts presented, it would not be proper for the plaintiff's civil lawyer to assist in prosecuting a criminal charge against the same defendant while the civil…
Can a prosecutor try a criminal case when the complaining witnesses are other lawyers in the same district attorney's office?
The Committee concluded the prosecuting attorney should ask the court to appoint new counsel for the state, because DR 5-101(B) and DR 5-102(A) disqualify a lawyer whose office colleague will…
Can an associate who did no work and has no knowledge of a firm client interview with the opposing firm, and will that firm be disqualified if it hires him?
The Committee concluded it is not unethical for the associate to discuss employment with the opposing firm. The associate himself remains disqualified by imputation from representing the opposing…
Can a lawyer who bills hourly offer a free half-hour consultation coupon in a coupon book that an advertising firm sells to the public?
The Committee concluded that a free-consultation coupon in a coupon book is advertising subject to DR 2-101, and that without further disclosure (the regular rate, that more time may be billed…
Can a lawyer who also serves as a municipal judge use the law firm's letterhead to communicate with litigants in the court over which he presides?
The Committee concluded that it is improper for a lawyer serving as a municipal judge to use his law firm's letterhead to communicate with litigants on municipal court matters, because the firm…
Do the fee-division rules that limit splitting a fee with an outside lawyer apply when a firm shares legal fees with a lawyer who is 'of counsel' to the firm?
The Committee concluded that DR 2-107(A) does not apply to a firm's sharing of legal fees with a lawyer who is publicly designated 'of counsel' and who has a regular, continuing, and substantial…
When representing a client in a property dispute, can a lawyer take an ownership interest in the disputed property as security for the fee?
The Committee concluded that an attorney does not violate DR 5-103 by acquiring an undivided fee simple interest in disputed property if it is done in good faith and with the client's consent,…
Can a lawyer prepare the deed and loan documents for both the seller and the buyer in a real estate deal without ever talking to them?
The Committee concluded that representing both parties on these facts would violate DR 5-105(A) and/or (B) unless the lawyer satisfies DR 5-105(C) by making full disclosure of the possible effect on…
Can a law firm represent all the co-defendants in a lawsuit when one defendant is a firm member who is known to be a witness on disputed facts?
The Committee concluded that DR 5-101(B) bars the firm from accepting the representation of all four defendants where it is known before employment that the firm-member defendant will testify on…
Can a lawyer take will-and-trust referrals from a financial planning organization and accept part of the fee paid by the organization?
The Committee concluded that, on these facts, an attorney does not violate the disciplinary rules by letting a financial planning organization recommend him to a member and accepting payment of part…
Can a lawyer who is publicly listed as 'of counsel' to a firm sue that firm's partners on behalf of a former client of the firm?
The Committee concluded that it would be unethical for a lawyer publicly identified as 'of counsel' to a partnership to take on a former client's suit against the partners, because the 'of counsel'…
Can a nonprofit legal aid office have clients agree that, if the client can't later be found, leftover trust funds may be used to help other needy clients?
The Committee concluded that it would not be unethical for an attorney operating a nonprofit legal service to ask a client to consent that unclaimed funds be used to help other needy clients,…
Can a county bar association run a lawyer referral service just for university students, charge a small consultation fee, and let participating lawyers be hired by the students?
The Committee concluded that it is not unethical for a county bar association to operate a referral service limited to university students, to charge a reasonable consultation fee, or for a…
Must a lawyer reveal a client's fraud that happened before the lawyer was hired, and what must the lawyer do if the client may have to testify about it?
The Committee concluded that DR 4-101 imposes no duty to reveal a client's pre-representation fraud absent an exception, that DR 7-102(B)(1) is by its terms limited to fraud committed during the…
If a government lawyer prosecuted a contempt motion for the wife, can the lawyer (or anyone else in the same office) later prosecute the wife on the same divorce decree?
The Committee concluded that the attorney who prosecuted the contempt motion for the wife may not later prosecute the wife on the same decree under DR 5-105(B), but that other attorneys in the…
Can a law firm put 'personal injury lawyers' on its letterhead and business cards, and what does it have to disclose about specialization and certification?
The Committee concluded that a firm may claim a specialty like 'personal injury lawyers' for the firm as a whole only if all of its lawyers actually practice in that area, the responsible…
Can the lawyer who drafted and notarized a will keep representing the executrix and beneficiary once someone contests the will's execution and the testator's capacity?
The Committee concluded that the attorney who prepared and notarized the will may not continue to represent the Independent Executrix and sole beneficiary in a contest challenging the will's…
Can a law firm hire a CPA to handle clients' tax work, including IRS and Tax Court appearances, without any supervision by one of the firm's lawyers?
The Committee concluded that it is not permissible for a law firm to employ a non-lawyer accountant to perform tax services directly for firm clients without a lawyer's supervision, because holding…
May a lawyer withdraw when the client will not pay, and may the lawyer tell the judge at the withdrawal hearing that he believes the case may be frivolous?
The opinion concluded the lawyer may seek permissive withdrawal for substantial nonpayment after reasonable warning, and to avoid the conflict between not prejudicing the client and not pursuing…
May a lawyer give clients or the public information about a prepaid legal services plan, such as enclosing a brochure with billings or referring clients to a plan?
The opinion concluded a lawyer may disseminate information about prepaid legal services to clients and the public, including enclosing a brochure with a current client's bill, provided the lawyer…
May a New Mexico lawyer pay per-referral fees to a private, for-profit lawyer referral service that the bar has not approved?
The opinion concluded that paying a fee to a private, for-profit referral service not sponsored or approved by a bar association violated both the former Code (Rule 2-103) and the new Rules (Rule…
Do attorneys who volunteer to teach a pro se divorce clinic, giving only general information and no individual advice, form an attorney-client relationship with the participants?
The committee declined to decide whether an attorney-client relationship would form, calling that a question of law for counsel, but it saw no ethical objection to the clinic and flagged conflicts,…
May a lawyer cite or threaten the criminal penalties for unpaid supplies or bad checks in a civil demand letter, and if not, may the lawyer have the client send such a letter instead?
The opinion concluded that threatening or referring to criminal sanctions in a civil demand letter was improper under both the former Code and the new Rules of Professional Conduct, and that a…
When a lawyer may be called as a witness against a former client in a case his current firm is defending, must he keep silent, talk to opposing counsel, or tell his own firm about the potential conflict?
The opinion concluded the lawyer was not required to talk to the former client's new counsel, but he could and probably should tell his own firm that he might be a witness, so the firm could…
May a lawyer mail a periodic newsletter on legal topics to current clients, former clients, other professionals, and prospective clients as a way to attract business?
The opinion concluded the lawyer could send the newsletter as a permissible written solicitation, provided it placed less emphasis on the law firm's experience, because unsubstantiated claims of…
Must a lawyer disclose to the court a statute of limitations that could defeat his own client's claim when opposing counsel is unaware of it?
The opinion concluded the lawyer had no duty to disclose the statute of limitations, with committee members reasoning variously that it was not directly adverse because arguably inapplicable, that…
Can a lawyer who also owns a real estate company close a sale developed by that company for a customer the lawyer already represented?
The opinion concluded that where the lawyer originally represented the customer as a client and referred that client to his real estate company with full disclosure of his interest, he may ethically…
Can a law firm take collection cases referred to it by a credit bureau that one of the firm's partners co-owns?
The opinion concluded the firm may not represent collection clients referred to it by a credit bureau in which a firm member holds an interest, whether the referral is direct or after the bureau…
Must a lawyer alert the court to its apparent error in entering judgment against a pro se defendant whose affidavit arguably defeated summary judgment?
The opinion concluded the lawyer had no obligation to point out the apparent error, because the situation was not covered by the candor rule, a pro se party is bound by the same procedural rules as…
When an insurance company mistakenly tenders a settlement check ten times the intended amount, must the plaintiff's lawyer disclose the apparent error?
The opinion concluded the lawyer should disclose the apparent error, because a client has no right to take unfair advantage of an obvious mistake and the lawyer's duty is to act honestly and avoid a…
Can a lawyer who served as a hearing officer making only preliminary procedural rulings in a board's rulemaking later represent that board as counsel on appeal of the rule?
The opinion concluded the lawyer may serve as counsel on appeal, because ruling on two preliminary procedural matters in a rulemaking did not make him an adjudicative officer under Rule 16-112(A),…
Does a lawyer have an ethical duty to disclose that a client has told the lawyer she intends to commit suicide?
The opinion concluded that because suicide is not a crime under New Mexico law and a lawyer who fails to disclose it does not aid a crime or fraud, the lawyer had no duty to disclose the client's…
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.