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 presiding judge appoint the judge’s niece as county law librarian, a position subordinate to the judge?
No. The Commission said Canon 3B(4) barred appointing a relative within the prohibited degree to a subordinate position even if the county-funded librarian post was not strictly a state position.
Does a court-appointed lawyer for a juvenile owe duties to the juvenile's parents, and can the lawyer withdraw if they refuse to cooperate?
The opinion concluded that a lawyer appointed to represent a juvenile owes allegiance to the juvenile, not the parents; the lawyer need not confer with or supply materials to the parents, and any…
When a sole practitioner dies, who must notify clients and courts, can the files be examined, and how long must they be kept?
The opinion concluded that the attorney handling the deceased lawyer's estate (or an attorney-executor) must promptly notify active clients and courts by individual letter and may examine client…
Can a lawyer who is also licensed in another profession, such as a registered professional engineer, list that other licensure on letterhead, business cards, and advertisements?
Yes. The opinion concludes it is not improper for a lawyer licensed in another profession, but not actively practicing it, to include that professional licensure on letterhead, business cards, and…
Can a lawyer charge a contingent fee, a percentage of what is collected, to enforce a court order for past-due child support?
The opinion concluded that a lawyer is not automatically barred from a contingent fee to collect specific past-due child support reduced to a sum certain, but must avoid an excessive fee; where…
Can a lawyer hire a licensed bail bondsman as his part-time private investigator and list him on the firm letterhead?
The opinion concluded that the lawyer may not enter into the proposed contractual relationship with the bail bondsman, because it gives an appearance of impropriety.
Can a lawyer hold a client's file as security for an unpaid fee until the client pays or posts security?
Yes. The opinion concluded that the conduct rules defer the question to other law, and under Montana law a lawyer may assert a passive common-law retaining lien on a client's papers until the client…
Could a new judge receive installments for former firm property and earned profits while recusing from the firm’s cases?
Yes, on the stated roughly one-year settlement plan. The Commission said continued indebtedness kept recusal concerns active, and delay beyond a reasonable period required renewed Canon 5 review.
Can a law firm bill a client for both lawyers' time spent in an internal conference about the case?
The opinion concluded there is no per se rule against charging a client for both attorneys' time in intra-office conferences; the propriety depends on the facts, and where the client benefits from…
Whom does a state-paid West Virginia Human Rights Commission lawyer represent, the Commission or the complainant, and can the Commission waive the conflict?
LEI 85-4 concluded that after the probable-cause stage the state-paid lawyer is required by law to advocate for the complainant because their interests then align with the Commission's; the lawyer…
Will the Maine ethics committee issue an advisory opinion about another attorney's past or proposed conduct?
The opinion concluded the Commission declines to opine on conduct that has already occurred or on the proposed conduct of anyone other than the requesting attorney, unless a disciplinary authority…
Can a lawyer condition a malpractice settlement on the client withdrawing or not pursuing a disciplinary grievance?
The opinion concluded that a settlement provision requiring the complainant to withdraw or not pursue a grievance accomplishes little, because a settlement does not abate a grievance, and depending…
Can a lawyer take a contingent fee paid as a share of the real estate that is the subject of the lawsuit?
The opinion concluded that a lawyer's outright ownership interest in property in litigation violates the bar on acquiring a proprietary interest in the subject of the litigation, but a properly…
When may a New York district attorney or assistant DA attend a political party's functions?
The opinion concluded that a district attorney who is not involved in his own re-election campaign may attend a political party's political or social functions, as a paying or invited guest, only in…
Can the law partner of a municipal court judge serve as a public defender in a different municipality in the same county where the judge sits?
No. The court rules that bar a municipal judge from practicing in criminal, quasi-criminal, or penal matters extend to the judge's partners within the county where the judge's court is located, so…
Can a lawyer take an unrelated case against the spouse of a former client, when the spouse was not the lawyer's client?
The opinion concluded yes; nothing bars representing a client against a former client's spouse in an unrelated matter, so long as the lawyer need not use the former client's confidences and the…
Can a lawyer bill clients for computerized legal research like Lexis or Westlaw, and may a firm use a cost formula to do it?
The opinion concluded a lawyer may charge clients for computerized legal research as an itemized expense using a formula that reasonably reflects the firm's actual cost, or may instead absorb it…
Can two separate law firms describe themselves as affiliated or associated on their letterhead without misleading the public?
Yes. Refining KBA E-299, the opinion adopted ABA Formal Opinion 84-351 and concluded that firms may communicate an affiliation or association so long as the relationship is close and regular (not…
Can an Arizona lawyer run a newspaper want ad seeking a plaintiff to challenge a city ordinance?
The opinion concluded that a general newspaper want ad is not prohibited solicitation under ER 7.3, but that the proposed ad would violate ER 7.1(a) because it omitted facts about fees, costs, and…
Does a lawyer have to put a retainer or an advance on fees and costs into the client trust account?
The opinion concluded that a true retainer, paid to secure a lawyer's general availability, should not be deposited in the client trust account when there is a clear agreement (preferably written)…
Does a prosecutor have an ethical duty to disclose to the defense a witness who could help the defendant, and may a prosecutor tell a witness not to talk to the defense?
The opinion concluded that a prosecutor has no duty to actively encourage a witness to talk with the defense but has a duty to timely disclose the existence and whereabouts of a known potential…
After a lawyer's spouse becomes a full-time family court commissioner, can the lawyer continue a family law practice in the same county?
The opinion concluded that the remaining sole practitioner may not represent clients in matters that would prospectively involve action by the commissioner spouse in his or her official capacity,…
Can a lawyer who is also a licensed real estate broker take a referral commission for sending a client to a realtor, and charge both legal and brokerage fees in the same matter?
The opinion concluded that a lawyer who is also a real estate broker may accept a referral fee from a realtor for referring a current client only with the client's express consent at the time of the…
Can a law firm employ a court reporter full time, use that reporter in its own litigation, and contract the reporter's services out to other lawyers?
The opinion concluded that no ethics rule per se precludes a law firm from employing a court reporter full time for use in the firm's own litigation or from contracting the reporter's services out…
Must a prosecutor who is sued by a criminal defendant step aside and ask for a special prosecutor to avoid a vindictiveness claim on appeal?
The opinion concluded that a prosecutor sued by a defendant in a related federal lawsuit is not required to seek or recommend appointment of a special prosecutor to head off a possible appeal based…
Can a lawyer's firm sue an insurer or fund on whose board of directors the lawyer sits?
The opinion concluded that a lawyer's firm, and any partner, shareholder, or associate, may not represent interests adverse to an insurance company and insurance fund for which the lawyer serves as…
Can a small city attorney's office prosecute a city employee who regularly investigates and testifies for the city in other ordinance cases?
The opinion concluded that a small city attorney's office should not prosecute a city employee for an ordinance violation where the office has a close and continuing working relationship with that…
Can a district attorney's office hire a part-time non-lawyer who also works part time in the court's register in probate office for the judge?
The opinion concluded there is no per se prohibition against a public or private law office employing a part-time non-lawyer who also holds other law-related employment. The committee concluded the…
Can a lawyer who is a state legislator or county board member represent private clients in cases where employees of that same governmental unit testify?
The opinion concluded there is no per se prohibition against a lawyer-legislator or lawyer-county board member representing persons in Children's Code or Public Assistance proceedings in which…
Can a county child support (IV-D) director represent a custodial parent in a support case after representing the opposing party, or while representing the spouse of a new marriage against a former spouse?
The opinion concluded a IV-D director may not represent a custodial parent against a party the attorney previously represented on substantially the same issues, because representation against a…
If an assistant district attorney is married to a deputy sheriff in the same county, must the prosecutor treat cases the spouse investigated differently?
The opinion concluded that an assistant district attorney need not treat cases investigated by a deputy-sheriff spouse differently from cases investigated by other law enforcement personnel,…
Can a lawyer testify for impeachment when another lawyer in the same firm is trying the case?
The committee concluded that RPC 3.7 would prohibit a lawyer in a firm from testifying for impeachment purposes in a case in which another lawyer from the firm was the trial advocate, but the Rules…
Can a lawyer represent a husband in post-dissolution proceedings when the lawyer's former firm once consulted the wife, if the lawyer learned no confidences?
The committee concluded that a lawyer who was formerly with a firm the wife had consulted about a dissolution, but who gained no confidences, was not prohibited by RPC 1.10(b) from representing the…
Can one lawyer cover another lawyer's practice, including phones and yellow-page ads, while that lawyer is on sabbatical?
The committee concluded that nothing in the proposed plan, under which one lawyer would maintain the absent lawyer's phones and yellow-page advertising while telling callers the lawyer was on…
Can a lawyer sell a client's property in the lawyer's possession to satisfy a judgment for unpaid fees?
The committee concluded that a lawyer could not sell client property in the lawyer's possession and apply the proceeds to a fee judgment without the client's consent or other lawful authority to…
Can a lawyer accept gift coupons from a vendor's bonus program for buying the vendor's products?
The committee concluded that bonus incentive coupons a corporate-kit vendor gave to lawyers who bought its products did not constitute 'compensation,' so participating in the program would not…
Can a lawyer keep client funds in the office instead of depositing them in a trust account?
The committee unanimously concluded that RPC 1.14 absolutely prohibits handling client funds in any way other than the rule permits, so a lawyer may not keep client funds in the office and must…
If a law firm hires a lawyer from a public defender office that represented an adverse co-defendant, must the firm withdraw?
The committee concluded that under RPC 1.10(b) a firm representing a criminal defendant on appeal had to withdraw if it hired, as an associate, a lawyer who had represented the co-defendant who…
Can a lawyer get a former client to release a malpractice claim while tendering disputed fee money?
The committee concluded that under RPC 1.8(h) the lawyer could not settle a malpractice claim with a former client without first advising in writing that independent representation is appropriate,…
Can a settlement require a lawyer to agree not to sue the defendant again, and can a separate agreement do the same?
The committee concluded that RPC 5.6(b) bars an agreement not to sue a defendant as a condition of settlement, in or outside the settlement document; a truly independent agreement not to represent…
After a partner leaves a two-lawyer firm, can the remaining lawyer keep using the departed lawyer's name in the firm name?
The committee concluded that once the lawyer took a position with a legal services agency, the firm could not continue to use his name, because doing so would be misleading and would violate RPC…
Can a lawyer oppose a person who was the codefendant of a prior client, when the lawyer never gained that person's confidences?
The committee concluded that, because the lawyer represented a co-defendant who had a cross-claim against A and shared no confidences or secrets of A, the rules would not prohibit the lawyer from…
Can a freelance contract lawyer work for two lawyers who frequently oppose each other in family law cases?
The committee concluded the arrangement was permissible because the contract lawyer would not work on cases where the two lawyers were adverse; the lawyer had to guard against disclosing confidences…
Does a law firm need to treat an in-house account for its employees' own funds as a client trust account?
The committee concluded that an in-house account holding only law-firm employees' funds, with no client money in it, did not present an ethical question; it raised but did not answer whether…
Can a firm sue someone its lawyer once defended on a DWI charge, when the new auto-accident case arises from related facts?
The committee concluded that the prior DWI representation was substantially related to the auto-accident suit, so under RPC 1.9 the firm could not continue representing the plaintiffs without the…
Can a lawyer who represented both spouses now represent the wife in seeking a guardianship over her disabled husband?
The committee reached no definitive answer, but discussed that RPC 1.9(b) would bar the representation if it would use confidences or secrets about the husband from the prior work; it saw the…
Must a lawyer give the client a prior lawyer's file the lawyer is holding, even if the client wants it to sue the prior lawyer?
The committee concluded that the lawyer should turn over the entire former-lawyer file that was given to the lawyer without restriction, because the client had paid for the work it represents and…
In a fee-shifting case, can a lawyer charge a contingent fee that exceeds the reasonable attorney's fee the court awards?
The committee concluded it is not per se unethical to propose or enforce a contingent fee set as a percentage of the client's total recovery, even if it exceeds the court's statutory fee award,…
Can a firm keep a lawyer's name in the firm name when that lawyer also works full time as a government hearing officer?
The committee concluded that a lawyer who continues to practice with the firm between eight and twenty hours a week while employed full time as a hearing examiner would appear to be 'actively and…
Can a firm sue a former client on a matter unrelated to the work it once did for that client?
The committee concluded that, because the firm's prior representation of the developer was unrelated to the new suit against him, the firm could represent the new client provided the representation…
When an insurer hires a lawyer to defend its insured, can the insurer direct the lawyer to file a motion the insured has not approved?
The committee concluded that, under RPC 5.4(c), a lawyer representing an insured must follow the client's instructions rather than the carrier's, so the lawyer could move for summary judgment at the…
Can a legal services program share client information with the agency that funds it, and may it report client statistics?
The committee concluded that a legal services program could not extend the attorney-client privilege to its contracting agency or disclose client confidences without consent, but could provide…
Can a lawyer write directly to a represented adverse party, and does RPC 8.3 require reporting another lawyer's misconduct?
The committee concluded that RPC 4.2 made it improper to contact a known-represented adverse party directly absent the other lawyer's consent, and that RPC 8.3's use of 'should' does not require a…
Can a proposed appointment system for juvenile court cases comply with the rules on conflicts and fee division?
The committee concluded that the proposed appointment program appeared fully consistent with the Rules of Professional Conduct, noting it appeared to account for the conflict-of-interest…
Does a prosecutor's duty not to charge without probable cause line up with the statutory standard for filing a death-penalty notice?
The committee reached only a tentative opinion that the death-penalty notice standard in RCW 10.95.040 is the equivalent of RPC 3.8(a)'s requirement that a prosecutor refrain from prosecuting a…
Can a Washington lawyer keep a client trust account at a brokerage house instead of an insured bank?
The committee concluded that RPC 1.14(c)'s requirements are mandatory and cannot be waived by a client; a lawyer using anything other than an insured bank, credit union, or savings and loan must…
Can a lawyer represent someone harmed by a former client, when the new case turns on the former client's conduct?
The committee concluded that RPC 1.9 would let the lawyer take the new representation only with the former client's consent after full disclosure; because obtaining that consent could be detrimental…
Can a lawyer contact the heirs of a deceased contract party directly to pass along the client's proposal?
The committee was unanimously of the opinion that a lawyer representing the purchaser on a real estate contract with a now-deceased party may contact the deceased's heirs directly to communicate the…
If a contingent-fee client disappears after paying advance costs, can the lawyer just withdraw and keep the money?
The committee concluded that the lawyer could not simply make reasonable attempts to contact the client, withdraw, and retain the advance costs as earned fees; RPC 1.13 would require establishing a…
If a former client is spreading false statements about the firm, can the lawyer reveal the client's confidences to respond?
The committee concluded that RPC 1.6 would not permit revealing the former client's confidences or secrets, but the lawyer could send a letter (including to others) stating that 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.