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 advertise as 'certified,' a 'diplomate,' or a 'specialist' based on a National Board of Trial Advocacy certification?
The committee concluded that a lawyer could advertise being 'certified as a criminal trial advocate by the National Board of Trial Advocacy,' but that 'diplomate' might be misleading because it did…
Can a lawyer charge a contingent fee to dissolve a non-marital domestic partnership where there are no children?
Yes. The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a contingent fee for representing a client in a non-marital domestic partnership breakup in which…
Is a judge's law clerk who worked on asbestos cases barred from later representing parties in other asbestos cases with the same defendants?
No. The committee concluded that RPC 1.12(a) disqualifies a former law clerk only from the same matter the clerk worked on, not from other cases involving parties who happened to appear in that…
Can a lawyer pay a referral fee to another lawyer who refers a case but does no work on it?
Yes. Under RPC 1.5(e)(2) a fee may be divided with a referring lawyer who does no other work if there is a written agreement with the client, each lawyer assumes joint responsibility for the…
Can a lawyer pay to participate in a referral service that advertises its referrals as 'personal referrals'?
No. The committee concluded that RPC 7.2 and 7.3 prohibit a lawyer from participating in the proposed referral service because its advertisement states that it is a 'personal referral' for which the…
Can a lawyer advise a client to make interspousal transfers of property to protect assets without engaging in fraudulent conduct?
The committee concluded that because Washington law expressly allows interspousal transfers without affecting the right to receive Medicare benefits, advising a client to make such transfers would…
If a competent client instructs the lawyer to dismiss her own lawsuit and the lawyer thinks she is acting against her interests, what can the lawyer do?
The committee concluded that where the client has been found not so incapacitated as to allow a guardian ad litem and the lawyer's efforts to dissuade her have failed, the lawyer must follow her…
Can a lawyer own a counseling business, serve as its director and general counsel, and accept client referrals from it?
The committee said nothing barred owning the business or serving as both director and general counsel, but RPC 1.7 requires checking whether the dual role would compromise independent judgment,…
Can a lawyer threaten to sue opposing counsel for calling a witness who signed a settlement confidentiality clause, and is that clause even valid?
Per the opinion, a settlement clause that would limit a lawyer's right to call a witness in future litigation would appear to violate RPC 5.6(b); a genuine warning of suit over a…
Can a client waive the rule that a lawyer's trust funds be kept in a 'qualified' account?
No. The committee continued its opinion that RPC 1.14(c)'s requirement to deposit client trust funds in qualified accounts is mandatory and may not be waived by the client, though the lawyer may…
What titles can a non-admitted law school graduate use, and can the title appear on business cards and letterhead?
Per the opinion, 'legal intern' may be used only if the employee complies with Rule 9 of the Admission to Practice Rules, while 'law clerk,' 'paralegal,' or 'legal assistant' may be used if not…
Can a lawyer who left a federal agency join a firm that sues the agency, and can the firm screen the lawyer from cases he worked on?
Per the opinion, the lawyer may work on matters adverse to the former agency in which he had no involvement; for cases he participated in 'personally and substantially,' RPC 1.11 bars his…
Can a lawyer ask other lawyers to refer criminal cases to him?
Per the opinion, yes; the committee was of the opinion that nothing in the Rules of Professional Conduct prohibits soliciting criminal referrals from other lawyers, as proposed.
Must a firm withdraw from a case against a party who earlier delivered documents to the firm when it was consulted on a different matter?
Per the opinion, no; assuming an attorney-client relationship existed when the now-adverse party delivered documents, RPC 1.9 did not compel withdrawal because the pending proceeding was not…
Can a Washington lawyer join a referral service where non-lawyers screen calls and refer consumers, and does that aid the unauthorized practice of law?
Per the opinion, a Washington lawyer may participate in the referral service described, and the non-lawyers' screening and referral of consumers is not the unauthorized practice of law, so…
Can a lawyer take a contingent fee to defend a client's property in a civil forfeiture case while also representing that client on the related criminal charges?
Yes. The committee concluded that RPC 1.5(d)(2)'s bar on criminal contingent fees does not reach a civil forfeiture proceeding, which is not criminal, but any such agreement must comply with RPC…
If a parent hires and pays a lawyer to represent their child in a dependency case, can that lawyer contact the child directly when the court has appointed a guardian ad litem?
The committee concluded there is no inherent conflict merely because a third party pays the lawyer, but that under RPC 1.8(f) the guardian ad litem, who stands in for the child, must consent before…
Could a judge’s spouse remain a sheriff’s sergeant, and when would the judge be disqualified from sheriff-related cases?
The Commission said the spouse’s employment was allowed. The judge was disqualified from proceedings involving the spouse or affecting her employment, while the employment alone did not disqualify…
Must a judge recuse from an estate dispute after acting as guardian ad litem in an accounting for the same estate 25 years earlier?
Yes. The Commission held that the earlier guardian ad litem work and the current heirship dispute concerned the same estate and matter in controversy under Canon 3C(1)(b).
Can a legal aid lawyer represent clients against a party who is represented by the lawyer's own spouse?
The committee concluded it is improper for a legal aid attorney to represent the organization's clients in an action against a party represented by the attorney's spouse, though the spouse's firm…
Can a law firm suing a former client for unpaid fees reveal what the client told it in confidence?
The opinion concluded that a firm suing a former client for fees may disclose the client's confidences and secrets only to the extent strictly and clearly necessary to establish or collect the fee…
When a prosecutor threatens a lawyer with indictment, can the lawyer reveal a former client's confidences to clear himself?
The opinion concluded that a lawyer accused of wrongful conduct may disclose a former client's confidences and secrets under the self-defense exception even before any formal charge, but only to the…
Can a New Jersey lawyer threaten criminal charges in a collection letter to gain an advantage in a civil matter?
No. The Committee held that the principle of former DR 7-105, barring a lawyer from threatening criminal charges to obtain an improper advantage in a civil matter, remains in effect in New Jersey…
Must a criminal defense lawyer disclose a client's prior convictions at sentencing if the prosecutor and court are unaware of them?
The opinion concluded that defense counsel has no duty to disclose a client's record of prior convictions to correct an incomplete sentencing record, provided that neither the lawyer nor the client…
Can a lawyer refuse court appointments to defend indigent criminal defendants, and does declining violate the ethics rules?
The opinion concluded that accepting criminal appointments is one way to meet the aspirational public-interest-service rule, but because that rule says lawyers 'should' (not 'shall') serve, refusing…
Can a lawyer who once won a judgment against a person later represent that same person in an unrelated case, if both the former client and the new client consent?
Yes. The opinion concludes there is no per se conflict in representing a former adverse party in a totally unrelated matter where there is no substantial relationship, no use of privileged…
Must a lawyer who perfected a criminal appeal as a public defender finish prosecuting that appeal after leaving the office, even without pay?
Yes. The opinion concludes that once an attorney perfects an appeal he must prosecute it, with or without compensation, unless a court of competent jurisdiction permits him to withdraw or…
Can a lawyer who once handled a woman's personal injury claim later represent her husband in the divorce she has filed against her?
Yes. The opinion concludes that with no substantial relationship between the prior personal-injury representation and the divorce, and no confidences usable against the former client, the lawyer may…
Can one law firm represent both a county Board of Supervisors and a municipality located within that county, or represent the boards of two different counties?
Yes, with no per se conflict. The opinion concludes a firm may represent both a county board and a city within the county, or two county boards; if an actual conflict arises, the clients must get…
Can a state-employed lawyer belong to a union with non-lawyer members, and can a lawyer-union-member prosecute disciplinary cases against other state employees in the same union?
The opinion concluded that a state-employed lawyer may belong to a union that includes non-lawyers so long as no Disciplinary Rule is violated, but a lawyer who is a union member may not represent…
Can a lawyer agree to be paid only if the client's marital asset is sold at the end of a divorce case?
The opinion concluded a fee payable only upon the successful sale of a marital asset in a divorce is a contingent fee, which Rule 8(c) prohibits in divorce, annulment, and legal-separation cases.
After suing to collect on a bounced check, can the lawyer refer it to the prosecutor or threaten criminal charges to pressure the debtor into paying?
The opinion concluded the lawyer may return the check and tell the client of the client's own right to file a criminal complaint, but may not present or participate in presenting criminal charges to…
Can a collection lawyer have the client or its billing vendor type a demand letter on the lawyer's letterhead, where the lawyer writes, reviews, and personally signs it?
The opinion concluded there is no per se impropriety; because the lawyer writes the letter, checks it for accuracy, and personally signs it, having the client or a vendor type it on the letterhead…
Can a law firm keep a former partner's name in the firm name or on its letterhead after that lawyer takes public office?
No. The opinion concluded that under Rule 7.5(c) a lawyer holding public office may not have their name used in the firm name or its communications during any substantial period in which the lawyer…
Did a judge’s fee interests in two unresolved former-client cases require recusal from every case involving the judge’s former law firm?
No. The Commission said those two specific fee interests did not cause general disqualification from all former-firm cases; it required a case-by-case disqualification inquiry.
Did a lawyer who was the judge’s first cousin once removed automatically disqualify the judge?
No. The Commission said the relationship was in the fifth degree, outside Canon 3C’s first-four-degree kinship rule for an appearing attorney.
Did a judge become disqualified for forwarding trial documents suggesting possible crime to law enforcement?
No. The Commission found the stated facts insufficient to establish disqualifying personal bias and relied on Opinion 86-281 concerning a judge’s report of suspected wrongdoing disclosed at trial.
Can a Virginia lawyer charge a contingent fee to collect overdue child support arrearages?
The committee concluded a contingent fee to recover child support arrearages is permissible only where the prior three-part LE Op. 667 test is met, and on these facts the arrangement was not…
Must a public defender withdraw from a case in which the defender is likely to be called as a witness?
The opinion concluded the agency must withdraw from the cases in which its attorneys will or are likely to be called as witnesses, because the testimony would be potentially prejudicial to the…
What must a lawyer do when a third party claims part of the client's settlement funds and the client says pay only me?
The opinion concluded that when a dispute arises over a third party's rights to client funds, the lawyer must segregate the disputed amount until it is resolved, and if it cannot be resolved…
Can a lawyer serve as both attorney and guardian ad litem for a minor in a dependency case?
The opinion concluded that a lawyer may serve as both attorney and guardian ad litem for a minor in dependency proceedings if no conflict arises, with the lawyer's first obligation owed to the child…
Can salaried employees or in-house insurance defense lawyers, who are not partners, have their names appear in a law firm's name on the letterhead?
No. The Committee held that listing employees' or salaried in-house lawyers' names in a firm name implies a partnership; under RPC 7.5 lawyers who are not in fact partners may not hold themselves…
Can a lawyer interview an expert witness retained by the opposing party without the consent of opposing counsel?
The opinion concluded that a lawyer may communicate ex parte with an adversary's retained expert witness without opposing counsel's consent, because the expert is a non-party witness and not a…
Could a judge announce election results on radio without partisan commentary?
West Virginia JIC Opinion 1986-02 declined to say the election-night commentator role was proper because it might violate former Canons 4 and 5.
Did the judicial Canons require or forbid a judge’s report to law enforcement of suspected crime disclosed by trial evidence?
The Commission found neither a requirement nor a prohibition. It said a report ordinarily should follow the verdict and would not itself impair the court’s appearance of impartiality; it declined…
Could a circuit judge serve as chamber of commerce president while participating in a membership drive?
The Commission discouraged the described presidency because membership solicitation necessarily included fundraising and increased conflict risk under Canon 5B.
Must a lawyer who learns that another lawyer closed a deal with a known title defect and a false no-encumbrances affidavit report that conduct, and must the lawyer report a client's possible crimes?
The opinion concluded that a lawyer who knows another lawyer committed the apparent violations must report them to the State Bar, and that the rules do not require an attorney to report a party's…
What may a lawyer appointed conservator of a deceased lawyer's files do with old inactive files, and can the estate notify clients and then destroy unclaimed files?
The opinion concluded that the bar cannot bind the estate or the widow, but the conservator attorney should take note of confidential information under Rule 4, should not transfer a case to another…
Can an injured plaintiff's lawyer contact the unrepresented at-fault driver to take a statement and urge him to press his insurer to pay policy limits?
The opinion concluded that the lawyer may communicate with and take a statement from the unrepresented adverse driver and may tell him to consult his own counsel, but may not advise him to demand…
Can a county attorney who occasionally advises the county Department of Social Services serve as guardian ad litem for abused or neglected children whose interests may conflict with DSS?
The opinion concluded that the county attorney may not serve as guardian ad litem in any proceeding in which the Department of Social Services is or may be involved, because advising DSS as county…
When a partner retires and surrenders his license, may the firm keep his name, how must the letterhead show his status, and may the firm pay him a share of fees as a retirement benefit?
The opinion concluded that the firm may keep the retired partner's name in the firm name, must indicate on the letterhead that he is retired, and may pay him a percentage of fees as a retirement…
When a lawyer's deeds for a client turn out to be the wrong instruments and harm the original owners' title, what may the lawyer disclose and what must he do about the client's inaction?
The opinion concluded that the client's statements are confidential, but the lawyer is impliedly authorized to disclose the problem to the original owners and suggest corrective action unless the…
When two married lawyers practice at opposing firms in the same city, are the firms disqualified from adverse matters, and when do the spouse lawyers need client consent?
The opinion concluded that the firms are not disqualified and need no screen; the related-lawyer rule bars only a spouse from directly representing an interest adverse to the other spouse's client…
Can a group of lawyers hire a for-profit corporation to advertise their availability and refer responding clients to them for a fixed annual fee?
The opinion concluded that lawyers may use a for-profit corporate advertising and referral agent if the conditions of Rule 2.2 are met: the agent's fee is reasonable, ads are paid from the lawyers'…
Can a lawyer appear before a municipal judge who was his former law partner, where the firm still owes the judge a buyout and leases offices from him?
No. The Committee concluded that, absent permission from the Chief Justice, none of the lawyers in the firm may appear before the municipal court judge under R. 1:12.
Which older Florida ethics opinions on lawyer advertising and solicitation are no longer good authority?
The opinion withdrew a long list of pre-1978 committee opinions touching advertising and solicitation as obsolete, recognizing that the constitutional and rule changes following Bates had overtaken them.
Can a prosecutor arrange for a third party to secretly tape a represented suspect without the suspect's lawyer's consent?
The committee concluded it is improper for a commonwealth's attorney to communicate with a represented, uncharged suspect through a taping intermediary, or to have police implement such a taping…
Can a lawyer advise a divorce client to destroy phone bills the other side has not requested?
Under former EC 7-24, the committee found it not improper to advise a divorce client to destroy telephone bills she was under no obligation to produce. The committee note warns that current Rule…
When can a law firm return, destroy, or charge for storing a former client's closed file?
The opinion concluded a firm may return a closed file to a client who can responsibly receive it, may destroy a file only if it has no reasonably useful information for the client, and may not…
May a divorce lawyer take a lien on community funds for fees after the preliminary injunction issues?
The opinion concluded that, because no appellate court had decided whether the dissolution preliminary injunction under A.R.S. 25-315 bars paying or securing attorney fees from community property, a…
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.