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 lawyer who did joint estate planning for a married couple later represent one spouse against the other in their divorce?
It depends. The opinion concludes the lawyer may represent one former-client spouse in the dissolution without consent if the divorce is neither a matter-specific nor an information-specific former-cl…
Can a lawyer let their own client talk directly with the opposing party about settlement when that party is represented by counsel?
Yes, qualified. Oregon RPC 4.2 restricts communications that originate with the lawyer, not voluntary contact between the parties, so a lawyer need not stop the clients from speaking directly, but the…
Can a lawyer adverse to a public body contact a government employee for copies of public records without the public body's lawyer's consent?
Yes. A limited request to a public employee to obtain a specific public record is a communication authorized by law under the Public Records Law, so Oregon RPC 4.2 does not bar it; but substantive que…
Can a prosecutor contact a represented witness directly once the witness's lawyer has given notice of the representation?
No. Once the prosecutor knows a non-suspect witness is represented, Oregon RPC 4.2 bars direct contact about the witness's testimony, before or after indictment, and the witness's motive for hiring a …
Can a law firm hire an outside recycling service to dispose of paper documents that contain confidential client information?
Yes. A firm may use a recycling service for client documents if it makes reasonable efforts to ensure the service's conduct is compatible with the firm's confidentiality duty, including instructing th…
Can an in-house lawyer who was fired for refusing to make a false statement sue for wrongful termination if the suit requires revealing information about the representation?
Yes, but only with qualifications. Oregon RPC 1.6(b)(4) lets a lawyer disclose otherwise-protected information to establish a claim in a controversy with the client, so a fired in-house lawyer may rev…
Can a lawyer let clients finance legal fees through a nonlawyer company that pays the lawyer's vouchers minus a service charge and then collects from the client?
Yes, qualified. The company's 10% service charge is not improper fee sharing under RPC 5.4(a), which protects the lawyer's independence and does not bar a nonlawyer from collecting fees, and the finan…
Can a plaintiff's lawyer also represent the plaintiff's treating expert witness at the expert's deposition in the same case?
Yes, qualified. On these facts the interests of the plaintiff and her treating psychotherapist are not directly adverse and may be aligned, so there is no conflict under RPC 1.7 and no consent is requ…
What must a solo lawyer do to protect clients and their information if the lawyer dies or becomes disabled, and what may a successor lawyer do with the files?
Competence requires a solo lawyer to arrange for someone, who need not be a lawyer, to step in on death or disability to prevent client prejudice, such as by contacting the presiding judge to start th…
When the only lawyer who worked on a client's matter leaves a firm and the client follows the lawyer, can the former firm later represent parties adverse to that client without consent?
Yes, qualified. Under RPC 1.10(b), once the lawyer who handled the client leaves and takes the client, the former firm needs the client's consent only if the new matter is the same or substantially re…
Can a prosecutor or a co-defendant's lawyer contact a represented defendant about a separate, unrepresented charge, and may a prosecutor use undercover agents against a represented suspect before charging?
No to the first two: under RPC 4.2, neither a co-defendant's lawyer nor a prosecutor may talk to a defendant about another charge on which the defendant is unrepresented if the defendant is represente…
Can one lawyer represent several individuals together in forming a corporation or partnership?
It depends on the parties' interests. If, after reasonable inquiry, the would-be co-owners' interests are consistent with no material divergence, there is no conflict and the lawyer may represent all …
Can a part-time special prosecutor also represent private clients adverse to the state, city, or county, and can the prosecutor obtain an advance blanket waiver of future conflicts from the state?
Yes. A special prosecutor's only government client is the state, so the lawyer may represent private clients against the state in unrelated matters with the affected clients' written informed consent,…
When an insurer hires a lawyer to defend an insured under a reservation of rights, can the lawyer take a step that helps the insurer but cuts off the insured's defense or coverage?
No. A lawyer hired by an insurer to defend an insured has two clients, and where the insurer defends under a reservation of rights the insured is the primary client whose protection must be the lawyer…
When a lawyer moves between criminal defense practice, a district attorney's office, or the bench, which conflicts follow the lawyer, and when are they imputed to the new firm or curable by screening?
A lawyer carries former-client and former-government conflicts when switching sides, and may take a conflicting matter only with the affected clients' written informed consent. A defense lawyer's conf…
When a lawyer represents a personal representative or trustee, are the estate, trust, or beneficiaries also the lawyer's clients, and can the lawyer tell beneficiaries about the fiduciary's breach of duty?
A lawyer for a personal representative or trustee represents the fiduciary alone, not the estate, trust, or beneficiaries, so the current-client conflict rules do not bar representing one person who w…
Can a lawyer who represents a charity and sits on its board also represent a donor making a gift to the charity, or draft the donor's will naming the charity?
The lawyer may not represent both the charity and the donor in the gift transaction, because that is a nonwaivable conflict under RPC 1.7(a)(1) and (b)(3). The lawyer may represent only the donor in t…
Can a law firm represent criminal defendants when one of its lawyers is the city councilor or mayor and city police officers will be witnesses?
Yes, qualified. The city is not the firm's client, so RPC 1.7(a)(1) does not apply, and cross-examining a city police officer does not by itself create a conflict; the firm should watch for personal r…
Can a lawyer who serves as a part-time municipal judge represent private clients before the town council or defend a client by cross-examining police officers who appear before that judge?
Qualified yes to both: neither representation is barred outright, and on the facts given there is no RPC 1.7 conflict (one client per matter) and no improper use of public office, but the lawyer must …
My law partner and I want to name our new transactional firm 'Contract House LLP.' It has no partner names, just describes our practice. Does a trade name like that comply with the Rhode Island firm-name rules?
Yes. The panel held that 'Contract House LLP' comports with Rule 7.5 (and by extension Rule 7.1) because it is a permitted trade name that describes the firm's practice area and organizational structu…
May a lawyer admitted only in New Jersey and DC who works as a salaried associate at a New York firm simultaneously run a solo New Jersey practice, and what New York-rules duties attach to the conflicts, advertising, and trust-account aspects?
The opinion concludes the New York Rules do not bar simultaneous employment at two firms, but Rule 1.10 imputes conflicts across both firms (no screening cure available), Rule 7.1 governs any advertis…
Can a New York lawyer pay an online platform that scores users' anonymized workplace-experience entries and connects the lawyer with a user (with the user's consent) without violating the solicitation, advertising, or fee-payment rules?
The opinion concludes the resulting lawyer-user communication is neither a solicitation nor an advertisement (the user initiates it by consenting to disclosure), and the lawyer's payment is a permissi…
If a lawyer in a civil case learns the client gave false testimony, does the duty of candor to the tribunal require disclosing it?
The opinion concludes that Rule 3.3(d) does not override Rule 1.6(d). Disclosure to the tribunal is required only when the lawyer has actual knowledge of the fraud, the client used the lawyer's servic…
Do judicial ethics rules apply to how a judge hires staff, makes appointments, and supervises chambers, or only to deciding cases?
They apply to administration too. The opinion concludes that the Model Code of Judicial Conduct's duties of impartiality and integrity (Canons 1 and 2 and Rules 1.2, 1.3, 2.3, 2.4, 2.12, and 2.13) ext…
What conflicts of interest does a New York per diem (appearance counsel) attorney face when switching between representing plaintiff lenders and defendant debtors in collection matters?
The opinion concludes that a per diem lawyer may not oppose a current client in any matter, or a former client in a substantially related matter, without informed consent confirmed in writing; persona…
May a New York disability-rights lawyer who relies on fee-shifting awards enter agreements with compensatory-service providers under which the providers pay a portion of the lawyer's fees, and refer clients to those providers?
Per the Committee, yes if the client gives informed consent under Rule 1.8(f) and informed consent confirmed in writing under Rule 1.7(b) for the Rule 1.7(a)(2) personal-interest conflict, provided th…
May a New York lawyer hold a financial interest in, divide fees with, or manage an Arizona-licensed alternative business structure (ABS) with nonlawyer owners?
The Committee concludes a New York lawyer may hold a passive financial interest in an out-of-state ABS that lawfully practices in its home jurisdiction. The lawyer may divide fees with the ABS under n…
May a Texas school's lawyer speak directly with parents at an ARD special-education meeting when the parents are represented by a lawyer but bring only a nonlawyer advocate to the meeting?
The opinion concludes the school's lawyer may not. Rule 4.02(a) prohibits the school's lawyer from communicating, or causing or encouraging another to communicate, with the parents about the subject o…
Can a Texas lawyer hire an unaffiliated 'appearance lawyer' to cover a single hearing or deposition, and what duties does each lawyer take on?
The opinion concludes that a Texas lawyer may hire an appearance lawyer for a discrete task, but the appearance lawyer represents the client (not the hiring lawyer) and owes the full duties of compete…
What must an Illinois lawyer do when they learn that the lawyer who hired them on a matter has been removed from the Master Roll of Attorneys for MCLE noncompliance?
The opinion concludes the lawyer must first notify the hiring lawyer and may not continue working with the hiring lawyer unless reinstatement occurs; if the hiring lawyer is not reinstated, the lawyer…
Can an Oregon lawyer use a chatbot or AI agent for client intake and marketing on their website?
Yes, with conditions. The opinion concludes Oregon lawyers may use chatbots and AI agents for intake and marketing if they stay competent in the tool, supervise it, disclaim it is not a lawyer, avoid …
If an Oregon lawyer gets an advance conflict waiver from a prospective client, can the lawyer or firm later represent the opposing party?
Yes, qualified. The opinion concludes the lawyer and firm may represent the opposing party if no disqualifying information was received, or if it was, only where RPC 1.18(d)'s conditions (mutual infor…
May a Korean law firm, as an entity, be a partner or member of a New York limited liability partnership that includes New York-licensed attorneys?
Per the Committee, whether New York LLP substantive law permits a foreign law firm to be a member is a question of law beyond the Committee. If state law permits it, and if the Korean lawyers' educati…
After a representation ends, must a lawyer answer a former client's or new counsel's questions about things that were never written down in the file?
Sometimes. The opinion concludes Rule 1.16(d) requires a former lawyer to convey unrecorded information acquired during the representation when it is necessary to protect the client's interests in tha…
A former client asked me to destroy all the emails and records they sent me during the representation. Do the ethics rules require me to destroy those files?
No. The panel held that Rule 1.16(d) does not require an attorney to destroy a former client's files on request; the client file is the client's property and the client-provided materials should have …
Can a Maine lawyer limit representation to a single task like drafting a complaint, and what does Rule 1.2(c) require?
Yes. A Maine lawyer may limit the scope of representation if the limitation is reasonable under the circumstances and the client gives informed consent after consultation. A written agreement is the b…
In D.C., can a lawyer treat a prepaid flat fee or subscription fee as earned on receipt and deposit it in the operating account?
The opinion concludes that prepaid flat fees and subscription fees are advances of unearned fees that must be held in trust until earned, and cannot be made earned-on-receipt by contract language alon…
Can a South Carolina lawyer supervise a HELOC closing (recordation and disbursement) without performing a title search when the lender's product requires no title work?
Yes. Because the lender's HELOC product includes no title search or title insurance, there is no title-examination step to constitute the practice of law, so the lawyer may supervise the closing, reco…
Does a Washington lawyer assist UPL just by knowing the opposing party is represented by someone not authorized to practice law?
No. Merely knowing that an adverse party's representative is engaged in UPL in a non-litigation matter does not by itself violate RPC 5.5(a) or 8.4(a); assisting requires affirmative help. But the law…
What must a Washington lawyer do when a client has limited English or another communication barrier?
The lawyer must make reasonable use of a qualified interpreter or translator to communicate effectively, protect client confidences when doing so, and obtain informed consent before using AI or machin…
What must a California lawyer do when charging a flat fee, refunding an advance flat fee after early termination, or renegotiating a flat fee mid-engagement?
The opinion concludes a California lawyer must clearly state which services the flat fee covers and when it is earned, must refund any unearned portion of an advance flat fee on early termination (eve…
Can a Pennsylvania lawyer ask about or threaten to report a witness's or party's immigration status?
It depends on purpose. The opinion concludes that referencing, inquiring into, or reporting a person's immigration status to keep that person from participating in the legal system violates Pa.R.P.C. …
When can a Pennsylvania lawyer be listed as "of counsel" to a law firm?
Only when there is a close, continuing, personal professional relationship between the lawyer and the firm. The opinion concludes the label must not be false or misleading, and an of-counsel lawyer is…
What are an Alabama lawyer's ethical duties when using AI tools like ChatGPT in legal practice?
AI creates no new ethical duties but recontextualizes existing ones. An Alabama lawyer must independently verify AI output, safeguard client data, supervise AI as a nonlawyer assistant, bill only for …
May a New York attorney's nonlegal entity (here, one providing tax filings) share a percentage of revenue with a nonlawyer technology developer, and pay referral fees to other attorneys who refer clients to the entity?
Per the opinion, yes if the entity avoids being treated as a law firm under Rule 5.7. The attorney owners must give the Rule 5.7(a)(4) written disclaimer and otherwise avoid any reasonable client beli…
What does a New York lawyer have to do when AI tools (whether the lawyer's or the client's) record, transcribe, and summarize attorney-client conversations on Zoom, Teams, or similar platforms?
The opinion concludes the lawyer must obtain client consent before AI records the call, must independently review any AI-generated transcript or summary for accuracy, must safeguard confidentiality an…
May a New York attorney's irrevocable testamentary trust own his shares of a law-firm professional corporation after his death, when both the trustee and the sole beneficiary are New York-licensed lawyers and the trust prohibits any benefit to nonlawyers?
The Committee concludes no. A trust is a nonlawyer and is not an entity authorized to practice law, so its permanent ownership of P.C. shares would violate Rule 5.4(a), (b), and (d). Rule 5.4(d)(1)'s …
My firm's intake staff interviewed a prospective client (a nurse) whose problem turns out to be the same death my existing clients are suing over. Does that intake create a conflict forcing me to withdraw from the family's case?
The panel concluded the intake interview does create a conflict requiring the attorney to withdraw from representing the Decedent's family. The nurse is a prospective client under Rule 1.18, and Rule …
How much can a lawyer tell the judge about the client when filing a motion to withdraw from the case?
Very little without the client's consent. The opinion concludes that Rule 1.6 confidentiality limits what a lawyer may disclose in a withdrawal motion, even when withdrawal is mandatory, so the lawyer…
How does a Wisconsin criminal defense lawyer handle a client whose competency to stand trial is in doubt?
The opinion concludes that in criminal cases constitutional and Wisconsin competency law largely supplants SCR 20:1.14: when there is reason to doubt the client's competence the lawyer must notify the…
What must a New Hampshire lawyer do when a non-client witness the lawyer called testifies falsely at a hearing?
The opinion concludes that if a lawyer knows a non-client witness testified falsely, the lawyer has a Rule 3.3 duty to take reasonable remedial measures, including disclosure to the tribunal if necess…
A resident who once sued the quasi-municipal entity I represent, in a case that settled, just got elected to its board and says I must resign as counsel. Do the ethics rules require that?
The panel concluded the Rules of Professional Conduct do not require the attorney to resign. Under Rule 1.13, the attorney represents the Entity, not its individual board members, so there is no attor…
I prosecute cases for a town police department. Can I defend a client at a probation-violation hearing where I'd have to cross-examine officers from that same department?
The panel concluded the attorney may not represent the client at the hearing. Because the attorney regularly prosecutes for the Department, cross-examining and possibly impeaching Department officers …
Can a Florida lawyer post about a client's matter on a listserv or online discussion group?
Only if the disclosure serves the client's interests and the client has not prohibited it. Where the client could be identified, the lawyer should get informed consent first.
Can a Colorado lawyer agree to a non-compete, anti-poaching, or broad confidentiality clause in a partnership or employment agreement?
Mostly no. The opinion concludes that any covenant in a partnership, shareholder, operating, or employment agreement violates Colo. RPC 5.6(a) if it restrains a lawyer's independent judgment for other…
Are advance or blanket waivers of future conflicts enforceable for an Oregon lawyer, and can a firm rely on them?
Yes, qualified. The opinion concludes advance conflict waivers are permissible if the lawyer adequately explains the material risks and alternatives; enforceability turns on the waiver's specificity, …
If a current client files a bar complaint against the lawyer but does not fire the lawyer, must the lawyer withdraw from the case?
No, qualified. The opinion concludes a client's bar complaint does not require withdrawal and is not a per se conflict; the lawyer must withdraw only if the complaint creates a significant risk that a…
Can one lawyer serve as a municipality's corporation counsel and also as general counsel to a regional fire and rescue organization that the municipality belongs to?
No. The Committee found a per se, non-waivable conflict: corporation counsel owes loyalty to one municipality, while general counsel to the regional consortium owes loyalty to the whole, and their int…
Can a former in-house lawyer act as a False Claims Act whistleblower (qui tam relator) against a former employer-client using information learned during the representation?
The committee concluded that a New York lawyer may not act as a relator in a False Claims Act qui tam action against a former client where the supporting information was obtained during the prior repr…
When a lawyer serves as a mediator, what must the lawyer tell the parties, and can the mediator exaggerate or bluff to push a settlement?
Under Rule 2.4 a lawyer-mediator must tell unrepresented parties that the mediator does not represent them and, where parties do not understand the process, explain how the neutral role differs from r…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Persuasive authority: Not binding like court discipline decisions, but state bar formal opinions carry substantial weight.
- 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.