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 Utah lawyer pay a per-bid fee to an online service that forwards client requests so the lawyer can bid for the work?
Yes. Paying a nominal per-bid fee to an internet forum that forwards client requests does not violate the advertising or solicitation rules (Rules 7.1, 7.2, 7.3) or the prospective-client rule (Rule 1…
Can a lawyer interview a former control-group employee of an adverse corporation without opposing counsel's consent?
Yes, but with limits. The opinion concludes a lawyer may contact a former control-group employee of an adverse party under Rule 4.2, but may not ask about anything covered by the attorney-client privi…
When a West Virginia lawyer or investigator comes into possession of physical evidence of a client's crime, what do the amended Rules of Professional Conduct require?
The opinion reaffirms L.E.I. 98-02 and concludes that, under the amended rules, applicable law (including obstruction and evidence-tampering statutes) may require a lawyer who takes possession of phys…
What ethics rules govern a West Virginia lawyer's use of social media (Facebook, LinkedIn, Twitter) for client matters, friending, juror and judge research, reviews, and advertising?
L.E.O. 2015-02 answers twelve social media questions. West Virginia lawyers may advise clients about their posts, connect with clients, review jurors, and advertise online, but may not contact represe…
Can a West Virginia lawyer hire stand-in counsel (a lawyer outside the firm, often through a company) to cover a hearing, and what duties apply to both lawyers?
Yes. The Board concludes using stand-in counsel is permissible if both the hiring lawyer and the stand-in lawyer follow the Rules: competent and prepared representation, client communication and infor…
Can a Tennessee lawyer store confidential client information in the cloud?
Formal Ethics Opinion 2015-F-159 concludes that a lawyer may store confidential client information in the cloud if the lawyer uses reasonable care to keep the information confidential and secure, comp…
What are a Maine lawyer's duties when representing someone selling their structured settlement payments?
The lawyer must satisfy Maine's Structured Settlement Protection Act (24-A M.R.S. § 2241 et seq.): be engaged by the seller (not the purchaser), take no compensation from the purchaser, and have compe…
After serving a summons and complaint, can a lawyer simply withdraw when the client stops paying and communicating, or must the lawyer file the case and move for leave to withdraw?
The lawyer must file the case, pay the filing fee, and move for leave to withdraw. The committee concluded that serving a summons and complaint is an appearance, and under North Dakota Rule of Court 1…
Can an Oregon lawyer secretly record a phone call or an in-person conversation without telling the other person?
It depends on the recording law. The opinion concludes a lawyer may record an Oregon phone call without notice because state law allows one-party recording, but may not secretly record an in-person co…
Can lawyers employed by an insurance company present themselves on letterhead as a law firm without disclosing that they work for the insurer?
No. The opinion concludes that for staff lawyers employed by an insurer to defend insureds, using a firm-style name on letterhead or pleadings without disclosing their status as insurer employees is f…
Can an Oregon law firm and an out-of-state firm list each other as an 'Associated Office' on their letterhead?
Yes. An Oregon firm may list a Washington firm it works with as an 'Associated Office,' and may let the Washington firm do the same, because the designation is not false or misleading under RPC 7.1 an…
Can a lawyer who runs a family-mediation practice advertise in the 'Counselors' section of the Yellow Pages as well as the 'Attorneys' section?
Qualified yes: a lawyer may run a separate counseling or mediation business and may advertise it, or advertise as a lawyer in the Counselor section, so long as the advertisement is not false or mislea…
Can a lawyer represent both an immigrant child in removal proceedings and the proposed guardian in the related Family Court guardianship case, and can the child consent to the conflict?
Yes, if the lawyer reasonably believes the lawyer can competently and diligently represent both and obtains each client's informed consent confirmed in writing. The child may consent if the lawyer bel…
May a California lawyer advise and assist a client on compliance with California's medical-marijuana laws when the same activity would violate federal law?
Yes, the lawyer may counsel and assist on California-law compliance, but cannot advise or assist the client in evading federal arrest or prosecution, must limit the scope accordingly, and must advise …
Can a lawyer team up with a nonlawyer claims recovery firm that signs up clients, hires the lawyer to bring their antitrust claims, takes a one-third contingent commission, and pays the lawyer out of that commission?
Not on a systematic, continuing basis, because a claims recovery firm is not on the Appellate Division list of approved nonlegal professionals under Rule 5.8. Even a non-exclusive reciprocal referral …
Can a lawyer who gives a legal seminar hand out firm materials and meet with attendees afterward to discuss their cases?
The opinion concluded that a lawyer may present a legal seminar to prospective clients and make firm brochures and information available near the exit (without personally distributing them), but may n…
Can an Ohio judge refuse to perform same-sex marriages while still performing opposite-sex ones?
The opinion concluded that a judge who performs civil marriages may not refuse to marry same-sex couples while continuing to marry opposite-sex couples, and may not stop performing all marriages in or…
Must a lawyer who represents adoptive parents and can see confidential genetic-parent information in the court file disclose it to the adoptive-parent client on request?
No. The committee concluded a lawyer for adoptive parents is statutorily obligated under N.D.C.C. 14-15-16 to keep the genetic parents' identifying information confidential unless that statute's discl…
If a lawyer agreed to store a client's tangible personal property 'temporarily' and the client is now unreachable, must the lawyer keep storing it, or can the property be treated as abandoned?
The lawyer must keep safeguarding it. The committee concluded that Rule 1.15 requires the lawyer to hold the client's tangible personal property with a fiduciary's care until it can be delivered to th…
What does a firm owe a prospective client who turns out to be the adversary of an existing client, and must it tell the existing client about the consultation?
The firm owes the prospective client confidentiality under Rule 1.18(b) for information learned in the consultation. Whether the consultation must be disclosed to the existing client, or bars continue…
If a client tells a North Carolina closing lawyer to stop the deal after the deed is recorded, must the lawyer still disburse the closing funds?
Yes. Once the deed is recorded and title has passed, the closing lawyer must satisfy the seller's conditions on delivery of the deed by disbursing the sale proceeds, even if the buyer-client says stop…
Does a North Carolina lawyer who realizes they made an error that might be malpractice have to tell the client, keep representing them, and refund fees?
A lawyer must disclose a material error that prejudices the client's rights or clearly gives rise to a malpractice claim, but need not disclose an easily corrected, negligible error. Disclosure does n…
Can a North Carolina lawyer hire a private investigator to misrepresent their identity to gather evidence before filing suit?
Only in narrow circumstances. The opinion permits a private lawyer to advise, direct, or supervise an investigation that uses misrepresentation as to identity or purpose, but only to pursue a genuine …
Does a North Carolina lawyer have to advise a client about their social media in litigation, and can the lawyer tell the client to delete posts?
Yes to advising. Competence under Rule 1.1 requires a litigator to understand social media well enough to advise the client about how existing and future postings could affect the case. A lawyer may i…
Can a lawyer guarantee a bank loan that a client takes out to pay the lawyer's retainer?
No. The opinion concludes that Rule 1.8(e) bars a lawyer from advancing or guaranteeing financial assistance to a client in litigation, and none of the rule's three exceptions covers guaranteeing a lo…
Can a part-time town prosecutor's firm sue a neighboring village over its zoning or planning board's actions?
Yes, under stated conditions. The opinion concludes the firm may bring an Article 78 proceeding against the Village's zoning or planning board where the Town and Village are separate entities with sep…
Can a lawyer who used to be a Family Court judge later represent, in private practice, a party who appeared before them, and can the lawyer's firm take the case if the former judge is screened?
No. Under Rule 1.12(a) a former judge may not privately represent a client in a matter on the merits of which the judge acted, and that conflict cannot be waived even with everyone's consent. The conf…
What parts of the file must a lawyer turn over to a former client at the end of a representation?
The papers and property the client is entitled to, but not materials the lawyer made for the lawyer's own purposes. The opinion concludes that client-provided materials, filed and executed documents, …
Can a D.C. lawyer pay a lawyer referral service a percentage of the fees earned on referred cases without violating the rule against fee sharing with nonlawyers?
The opinion concludes that a lawyer may pay a referral service a flat per-referral fee, which is not fee sharing because it does not depend on the fee earned. A percentage of the lawyer's earned fees …
What level of technology competence does a California lawyer handling litigation need to ethically manage electronically stored information (ESI) and e-discovery?
Per California Formal Opinion 2015-193, an attorney's duty of competence under former Rule 3-110 includes a basic understanding of e-discovery; if the matter requires more, the lawyer must acquire the…
When a court asks a public defender about contacts with an absent client, what may the lawyer disclose, and can the lawyer still represent the client on the original and new bail-jumping charges?
A public defender may disclose only nonprivileged facts about contacts with the client, and only when the court orders the answer, not on a mere question, under Rule 1.6(c)(5). On the limited facts, t…
If a lawyer's fee for representing a client was paid by the client's parent, can the lawyer later take a case against that parent?
Yes. A third party who pays a client's fee is not the lawyer's client just by paying. As long as the lawyer did not give the parent reason to believe he was a client, representing the other parent aga…
Can new lawyers raise start-up money for their law firm through online crowdfunding, and which crowdfunding models are allowed?
Some models, not others. Donation and reward crowdfunding are permissible, but equity and royalty models are barred because giving a funder an ownership interest or a share of revenue violates Rule 5.…
Can a Florida lawyer tell a client to delete posts or change privacy settings on social media before a lawsuit?
A lawyer may advise a client to set social media to private and to remove posts pre-litigation, but only if there is no spoliation or other legal violation and the removed data is preserved.
Can a lawyer threaten to file a disciplinary complaint against opposing counsel?
Rule 3.4(e) does not bar it, because that rule reaches only threats of criminal charges. But the opinion concludes the threat is improper if the lawyer has a mandatory duty to report the misconduct un…
If a fire, flood, or other accident destroys client files, does a lawyer have to tell the clients?
Often yes. The opinion concludes that when destruction of a file compromises competent and diligent representation, the lawyer must take reasonable steps to reconstruct it or notify the client if unab…
What must a New Hampshire lawyer do before jointly representing a married couple in estate planning, and what consent is required?
The lawyer must screen for conflicts, explain the confidentiality and loyalty implications of joint representation, and obtain the clients' informed consent under Rule 1.6(a) to share information betw…
Can a lawyer report a client's bill-payment history to a credit-bureau-style database that other law firms can see?
Yes, but only with the client's informed, uncoerced consent. A client's payment status is confidential information, and the fee-collection exception does not cover this reporting, so the lawyer needs …
Can a law firm let a nonlawyer staff member open escrow sub-accounts and move money between them and the master escrow account?
Yes, within limits. A firm may authorize a nonlawyer to direct the bank to open escrow sub-accounts and to transfer funds from a sub-account to the master escrow account, under close supervision, as l…
Can legal-aid lawyers for unaccompanied immigrant children report client names and case details to a grant funder's database, and can a child consent to that disclosure?
They may disclose if the information is not privileged and disclosure would not be embarrassing or detrimental, or if the client (or a parent or guardian) gives voluntary informed consent. A young chi…
If a lawyer is admitted only in New York but lives and practices immigration law solely in another state, must they keep their client trust account at a New York bank?
No, unless the other state's rules require it. Under New York's choice-of-law rule (Rule 8.5(b)), a lawyer who is federally authorized to practice immigration law and works only in another state is tr…
Can a lawyer hired as local counsel limit how much responsibility they take on for the case?
Yes, but only through an agreement that limits the scope of representation under Rule 1.2(c). The opinion concludes the "local counsel" label alone does not narrow a lawyer's duties; any limit must be…
When moving to withdraw, can a lawyer file the client's own court papers from another case to support the motion, even if doing so makes the client look unstable?
It depends on whether the papers are confidential information under Rule 1.6. A lawyer should reveal no more than necessary: if the court accepts that 'professional considerations' require withdrawal,…
Can an elected county clerk keep a private law practice, and what limits do the conduct rules place on it?
Yes, subject to any law governing the office. Under Rule 1.11(d) and (f), the clerk may not participate in any matter before the clerk's office in which the clerk was personally and substantially invo…
Can a city attorney buy property the city took in tax foreclosure and is reselling, and what conflict rules apply?
Yes, if the purchase complies with government-ethics law, the lawyer does not advise the city (or supervise those who do) on property sales, and the lawyer holds no confidential city information beari…
Can a judge sign a letter to all lawyers in the state encouraging them to do pro bono work?
Yes. A state supreme court judge may sign a letter on the judge's stationery, mailed by the unified bar to every lawyer in the state, urging them to meet their Rule 6.1 pro bono responsibility, becaus…
Can a lawyer transfer the stock of a law professional corporation to a revocable living trust for estate planning, if at least one trustee is a licensed attorney?
No. The committee concluded that a revocable living trust may not own stock in a professional corporation that practices law for a profit, even if a trustee is a licensed attorney. Rule 5.4(d)(1) bars…
Does a lawyer have to hold onto documents or property a client leaves with them unsolicited?
Generally no. The opinion concludes a lawyer has no duty under Rule 1.15 to hold property a client delivers unsolicited and unconnected to the representation unless the lawyer consents to hold it, tho…
Can a lawyer post bail for a client who is in custody?
Rarely, and the opinion discourages it. A lawyer may post bail only where the amount is small enough not to materially limit the representation, and only after obtaining the client's written informed …
What are a Colorado lawyer's duties when an adult client seems unable to make adequately considered decisions?
The opinion concludes the lawyer must, as far as reasonably possible, maintain a normal client-lawyer relationship (Rule 1.14(a)). If the lawyer reasonably believes the client has diminished capacity,…
If a Texas firm hires a non-lawyer employee (like a marketing assistant) who used to work for the opposing party's firm, must the firm withdraw, and must it screen the employee?
Per the Committee, hiring such a non-lawyer does not automatically disqualify the firm; under Rule 5.03 the firm must manage the employee to protect the former employer's client confidences, and if th…
Can a Texas government-agency lawyer defend the agency in other employees' furlough appeals when the lawyer herself may be furloughed and could file the same appeal?
Per the Committee, only if the agency consents after full disclosure and the lawyer reasonably believes the representation will not be materially affected by her own interests; consent alone is not en…
When a lawyer leaves a firm and some clients choose to follow, does the lawyer automatically represent them, and can the lawyer require new fee agreements?
No automatic relationship, but the lawyer may represent them. The committee concluded that clients who chose to follow a departing lawyer are former clients of the old firm, not automatic clients of t…
When a lawyer jointly represents a workers' comp carrier and the employer, can the lawyer withhold claim evaluations from the employer at the carrier's direction?
Not while jointly representing both. The lawyer owes each client an equal duty of loyalty and the duty to keep each reasonably informed, so the carrier and the employer are both entitled to the lawyer…
What are a lawyer's duties when an internet scammer poses as a client and sends a fake check to the trust account?
The opinion concludes a lawyer owes no confidentiality duty to someone whose purpose is to defraud the lawyer and may report them, but only after reasonable diligence confirms the person is not a genu…
Can a North Carolina lawyer offer a free computer tablet to prospective clients in a direct-mail solicitation letter, and may the lawyer loan a tablet to a client after being hired?
No to the solicitation offer. Offering a tablet in a targeted direct-mail letter is an inducement to call the lawyer for an improper in-person solicitation, and the loan disclaimer here was misleading…
Can a North Carolina lawyer for a lender draft a foreclosure-notice waiver under N.C.G.S. 45-21.16(f) and give it to an unrepresented borrower to sign?
Yes, on a debt of $100,000 or more, if the lawyer complies with the statute and Rule 4.3 and does not advise the borrower or imply disinterest. But when the property is the borrower's primary residenc…
Which pleadings or filings may a North Carolina lawyer prepare for an unrepresented opposing party in a pending civil proceeding, and which may the lawyer not?
A lawyer may prepare filings that do not amount to giving legal advice, such as an acceptance of service, confession of judgment, settlement agreement, release, accurate affidavit, or dismissal pursua…
Which state's ethics rules govern a New York lawyer who runs a virtual law office in another state and practices only in federal court there?
It depends on the conduct. For proceedings in a Virginia court where the lawyer is admitted, Virginia's rules apply; for other conduct, the rules of the admitting jurisdiction where the lawyer princip…
Does using a sign-language interpreter to communicate with a deaf client waive the attorney-client privilege, and may a lawyer use one?
Whether the privilege is waived is a question of law the committee does not decide, but it notes courts have repeatedly held that using an agent to facilitate communication does not waive it. If using…
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.