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 represent a fellow lawyer in the same firm in that firm member's own lawsuit?
The committee concluded that RPC 3.7 would prohibit one lawyer in a firm from representing another lawyer in the same firm in litigation, in a case where the associate sued for specific performance…
Does a lawyer have to tell the client about credits toward a free trip from the court reporter service the firm uses?
The committee concluded that a promotional scheme in which a court reporter service gave the firm credits toward a free trip would have to be disclosed to the client in conformance with RPC 1.7(b).
Can a lawyer bill a client for a contract lawyer's time at a higher rate than the contract lawyer is paid?
The committee concluded that an arrangement in which a lawyer employed a contract lawyer hourly, paid the contract lawyer before billing the client, and charged the client more than the contract…
Can a lawyer send a letter advertising legal services to the mayor of a city?
The committee concluded that a proposed letter advertising legal services to the mayor was not a prohibited solicitation under RPC 7.3, while noting it was the lawyer's responsibility to ensure any…
Can a lawyer assert an attorney's lien for old fees against funds received for the same client in a new case?
The committee concluded that an attorney's lien for fees due in prior litigation could be asserted against funds received on behalf of the same client in new litigation, and that the lawyer had to…
Can a law firm disclose client names to a bank when pledging its accounts receivable for financing?
The committee concluded that before disclosing client names and account status to a bank to pledge accounts receivable, RPC 1.6 required the lawyer to determine the information was not a secret, to…
Can a lawyer send a judge a letter criticizing a decision in a case the lawyer had no part in?
The committee concluded that a lawyer's letter criticizing a judge's decision, in litigation the lawyer was not involved in, would not be a prohibited ex parte communication because there was no…
Can a lawyer hire a court reporting service that is also one of the lawyer's clients, and must the lawyer disclose that?
The committee concluded that nothing in the Rules prohibits a lawyer from using a court reporting service that is also a client of the lawyer, and that the lawyer would have no obligation to…
Can a lawyer post a sign showing that he is a consul next to his law firm sign?
The committee concluded that nothing in the Rules of Professional Conduct would prohibit a lawyer from posting a sign indicating that he was a consul next to or below his law firm sign.
Must a lawyer who serves as trustee, guardian, or executor hold those funds in a trust account under RPC 1.14?
The committee concluded that whether RPC 1.14 governs funds a lawyer receives as a fiduciary depends on whether they are client funds in the lawyer's possession; if so, they must go into the account…
When a lawyer practices in more than one state, whose trust-account rules apply to client funds?
The committee concluded that the Rules do not address conflicts between states' trust-account rules, but that funds acquired through practice under a Washington license must follow the Washington…
What can a lawyer do with trust funds for multiple clients who cannot be reached for distribution instructions?
The committee concluded that a lawyer holding trust funds for a group of unreachable clients could issue a single trust-account check payable to all of them, send it to one party while advising all…
Does a lawyer representing a parent in a tort case have to protect the children's loss-of-consortium claims?
The committee concluded that a lawyer for a parent need not contact adult children about their loss-of-consortium rights, but must have a guardian ad litem appointed to protect minor children's…
Can a lawyer charge a collection agency a contingent fee measured as a percentage of what the agency itself recovers?
The committee concluded that the proposed contingent fee agreement, giving the lawyer 50% of whatever the collection-agency client received, is not precluded by RPC 1.5 so long as the rule's other…
When a lawyer moves to a firm that opposes clients of the lawyer's old firm, is the new firm disqualified?
The committee concluded that, so long as the moving lawyer has no actual knowledge of the adverse parties' confidences or secrets and is not involved in the case, RPC 1.10 would not disqualify the…
If a lawyer is a staff attorney for a mortgage company handling closings, what must the lawyer tell the buyer and seller about who the lawyer represents?
The committee concluded that a staff attorney handling closings for a mortgage company must disclose to the parties that the lawyer represents the company, not the buyer or seller, and that the…
What may a prosecutor tell witnesses about being interviewed by defense counsel, and can the prosecutor insist on being present?
A prosecutor may not discourage witnesses from talking to the defense or condition a defense interview on the prosecutor's presence; doing so obstructs witness access in violation of RPC 3.4. The…
Can a lawyer appear before a Court Commissioner who used to work at the lawyer's firm?
The committee concluded that nothing in the Rules of Professional Conduct prohibits a lawyer from appearing before a Court Commissioner formerly associated with the lawyer's office, and suggested…
Can a law firm distribute a brochure about its services to insurance companies, real estate agencies, banks, and other potential referral sources?
Yes. The committee concluded that a proposed brochure about the firm, distributed to insurance companies, real estate agencies, banks, and others who might generally find the firm's services useful,…
What ethics rules apply to a lawyer who represents both buyers and sellers, also works as a real estate broker, and sometimes becomes a partner with the purchaser?
The committee found the lawyer's fee agreement inadequate under RPC 1.5(b) for not stating the basis or rate of the fee, and found the client communications lacked the conflict disclosures RPC 1.7…
Does serving as a state-paid guardian ad litem in paternity cases conflict with privately representing parents in other, unrelated paternity cases?
No. The committee concluded that being appointed and paid by the state as a guardian ad litem in paternity cases does not present a conflict of interest with privately representing a mother or…
Can a Washington firm list an out-of-state lawyer as an 'associated office' on its letterhead?
Yes. The committee concluded that under RPC 7.5 a Washington firm could list an Oregon lawyer as 'associated offices' so long as the Oregon address was shown to mark the practice limitation, and the…
Can a lawyer hire a legal secretary who came from an opposing firm and knows the confidences of clients adverse to the lawyer's own clients?
No. The committee concluded that under RPC 5.3 it would be improper to employ a secretary who has actual knowledge of the confidences and secrets of clients adverse to the hiring lawyer's current clients.
If a client threatens to commit suicide, can the lawyer call emergency services and share information to protect the client?
The committee concluded that a lawyer who reasonably believes a client may carry out a suicide threat may take protective action under RPC 1.13, treating the client as temporarily under a…
Who is entitled to the interest earned on a lawyer's trust account before Washington adopted its IOLTA rule?
The committee concluded that interest earned on the trust account before the IOLTA rule was adopted must be allocated and paid to the clients whose funds earned it; if a client has disappeared, the…
Can a law firm keep using a partner's name on its letterhead after that partner withdraws and opens a solo practice?
No. The committee concluded that continuing to use letterhead bearing the withdrawn lawyer's name and the firm's partnership designation, after the lawyer had withdrawn and set up a solo practice,…
If a court's sentencing order mistakenly gives a client less jail time than the judge announced, must the defense lawyer point out the error?
No. Assuming the lawyer had no part in preparing the order, the committee concluded RPC 1.6 obligated the lawyer to remain silent about the apparent error because it constituted a secret of the client.
Can a law firm include an associate who is not a partner in the firm name?
No. The committee concluded that a firm name listing an associate alongside the partners (A, B, P.S., & C) would violate RPC 7.5(d) because it would imply a partnership that did not exist and that…
Can a Washington law firm represent clients under written agreements that permit limited discovery and limit the firm's malpractice liability?
The committee was unanimous that neither RPC 1.2 nor RPC 1.8 would prohibit such written agreements, provided those rules were fully and cautiously complied with.
If a Washington lawyer must testify as a witness at trial, can the lawyer keep working on the client's matter and bill for that work?
The committee concluded that a lawyer who must testify at trial is not barred from continuing to represent the client in matters separate from the trial, from doing legal research and preparing…
Can a city attorney serve on the board of a civic organization that is suing the city, without violating the conflict rules?
The committee concluded that, by analogy to RPC 6.3, a city attorney could serve on the board of a civic body adverse to the city in litigation if the attorney was isolated from any access to the…
Can a Washington lawyer contact an opposing party who is represented by counsel to send a payment reminder or to ask for a mailing address?
No. The committee concluded that both contacts, a reminder notice sent directly to the represented party (even with a copy to counsel) and a call to obtain a mailing address, would violate RPC 4.2's…
Could a judge provide personal background and discuss a completed malpractice trial with a former litigant writing a book?
The Commission allowed personal background information but said a judge ordinarily should avoid comments on the decided case that could call the ruling or legal system into question.
Must a judge serving as executor recuse from tax cases affecting estate land and mobile homes when the judge’s spouse is a beneficiary?
Yes. The Commission found financial interests in both matters through the judge’s fiduciary role and the spouse’s beneficial interest; it said Canon 3D remittal was available.
Can a law firm let a non-lawyer use the firm's mailing address and have firm staff answer a separate phone line listed in the non-lawyer's name?
The opinion held there was no impropriety in the arrangement because the non-lawyer would not be engaged in the unauthorized practice of law, so the firm's clerical accommodation (forwarding mail…
Can a Tennessee lawyer participate in a prepaid or group legal service plan?
The opinion held there is no impropriety in participating in open-panel prepaid legal service plans that let the consumer choose any attorney and that meet the ABA's interim standards adopted into…
Can a lawyer's client hire a non-testifying medical consulting firm on a contingent fee to help prepare the medical side of a malpractice case?
The opinion held there was no impropriety in the attorney continuing in the case where the client, not the lawyer, contracted separately and independently with the medical consulting firm on a…
Can a former city attorney later represent a city commissioner, as a private client, in a lawsuit over financial matters that arose while the lawyer held the city attorney position?
Not without the city's consent. The opinion concludes that under Rule 1.11(a), if the former city attorney participated personally and substantially in the matter as a public officer, he may not…
Can a lawyer defend criminal cases prosecuted by a District Attorney who is the lawyer's brother- or sister-in-law?
The opinion concluded that a lawyer may defend cases prosecuted by an in-law District Attorney's office whether or not the DA participates, but must disclose the relationship to every prospective…
Can a law firm give a client blank firm letterhead signed by an attorney for the client to use in its own debt collection?
The opinion concluded no; furnishing a client blank or unaddressed letters signed by a firm lawyer for unsupervised use in debt collection assists the unauthorized practice of law, because lay…
Can a lawyer advise a client, prepare the pleadings, and file documents while presenting the client as pro se, but refuse to appear in court for them?
The opinion concluded no; advising and ghostwriting for a client cast as pro se to avoid the lawyer's own court appearances, while the lawyer remains of record, falls short of the duties owed to the…
Can a lawyer send a contractually required notice directly to the opposing party in a real estate deal when that party may be represented by a lawyer?
The opinion concluded yes; the lawyer may send the seller the notice the contract requires directly, because the contract authorizes it, but may not go beyond that notice if the seller is in fact…
Can a New York lawyer in a malpractice case recommend a medicolegal consulting service paid on a contingent fee and guarantee that fee?
The opinion concluded that it is improper for a lawyer to shift work normally performed by lawyers to a medicolegal consulting service paid on an added contingent fee, but a lawyer may recommend and…
Did a judge’s child working at a law firm automatically disqualify the judge from routine matters handled by another firm lawyer?
The original opinion required recusal even for routine matters and consent orders, with remittal available. Opinion 88-338 later modified the automatic firm-affiliation approach.
Must a lawyer who holds public office disclose client names under financial-disclosure laws, and is a client's identity privileged?
The opinion concluded a lawyer who holds or seeks public office may disclose client identities required by disclosure law without client consent, unless disclosure is likely to embarrass or harm the…
Does a lawyer who serves as a child's guardian ad litem owe the normal duty of confidentiality, or may the lawyer disclose what the child says in confidence to the court?
The opinion concluded that a lawyer serving as a child's guardian ad litem is not bound by the normal duty of confidentiality, but must act in the child's best interest and the purpose of the…
When an insurer hires a lawyer to defend its insured, who is the client, and what can the lawyer do about coverage disputes and multiple insureds?
The opinion concluded the insured, not the insurer, is the lawyer's client even though the insurer pays; the lawyer may represent multiple insureds only if it is obvious he can adequately represent…
Can a lawyer who collects a debt referred by a collection agency pay the agency a share of what is collected?
The opinion concluded that paying the collection agency its own client-authorized commission, separate from the lawyer's legal fee, is not prohibited fee sharing with a non-lawyer; what the rules…
Can a lawyer represent a corporation in litigation when the lawyer's partner is an officer of that corporation who will testify?
The committee concluded that where two lawyers are principals of a professional corporation and one is the managing director, officer, and shareholder of a client corporation who will testify in a…
Can an Arizona attorney and an out-of-state attorney run a joint newspaper advertisement seeking clients (here, Dalkon Shield users)?
Joint advertising is permissible if the ad is not false or misleading and does not aid unauthorized practice; the ad must clearly state the out-of-state lawyer's jurisdictional limits. To practice…
Can a lawyer cooperate with a for-profit company that runs group TV and radio ads and refers responding clients to attorneys by zip code?
The opinion concluded that, unless the corporation is not-for-profit, operated, sponsored, or approved by a bar association, and otherwise complies with the Rules, it is improper for a lawyer to…
Can a criminal defense attorney who negotiates the contract for a county probation officers' association keep practicing criminal law in that county's courts?
No. While he represents the probation officers' association, the attorney may not appear in the criminal courts of that county, because the dual role would erode public confidence that justice is…
Could a juvenile judge appear in robes in a noncommercial message urging parents to use child seat belts?
Yes. The Commission permitted the described noncommercial public safety announcement under Canons 4 and 5.
Did a judge’s prior complaint and report about an appearing attorney require recusal despite the judge’s statement of no personal conflict?
The Commission left the initial recusal determination to the judge and directed consideration of Canon 3C; it did not decide whether these facts required recusal.
In which courts may a municipal city prosecutor appear as defense counsel in a criminal case?
The North Dakota Ethics Committee determined that a municipal city prosecutor may appear as criminal defense counsel in a court other than one where the lawyer or a firm member regularly appears as…
If a client becomes mentally ill during her divorce case, must the lawyer withdraw, and can the lawyer seek a guardian over the client's objection?
The opinion concluded that the lawyer is not required to withdraw and instead has a duty to safeguard the client's interests, and may seek appointment of a guardian, even over the client's objection…
Can a lawyer who is also a CPA run a law practice and an accounting practice from the same office, sharing a receptionist, clerical worker, and reception area?
The opinion concluded yes; after the 1984 repeal of the Code provision that forced physical separation of dual practices, a lawyer-CPA may practice both from one office and share staff, subject to…
Can a firm run a separate practice area under a different name, or set up an owned-and-controlled satellite firm, without disclosing that its lawyers belong to the original firm?
The opinion concluded no; lawyers in a firm may not hold themselves out as practicing independently or under a non-existent firm name, because that misleads the public about who they are dealing with.
Can a lawyer sponsor a sports team and have the sponsorship, including the lawyer's name and firm, publicized in connection with the team?
The opinion concluded yes; an attorney may sponsor an athletic team and publicize that sponsorship, including the firm name, as a permitted form of lawyer advertising, modifying an earlier opinion…
Can a law firm contract to advise and supervise a company that supplies non-lawyer agents to represent clients before a state agency?
The opinion concluded that the law firm could not enter the proposed arrangement. Although Arizona statutes let non-lawyer agents appear before the Department of Economic Security under attorney…
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.