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 criminal defendants in the county where the lawyer's spouse is the sheriff, and does the conflict spread to the rest of the firm?
The opinion concluded that representing criminal or traffic defendants when the sheriff-spouse is directly involved in the investigation is not expressly prohibited, and there is no ethical bar so…
Can a divorce lawyer agree to withhold filing the final papers until the client pays the fee, and what ethical options exist for getting paid short of suing the client?
The opinion concluded that it is ethically impermissible to agree that the lawyer will not file the final divorce papers until fees are paid, but that the agreement may, with disclosure, acknowledge…
Can a lawyer condition settling a fee or returning the client's file on the client releasing or agreeing to arbitrate malpractice claims against the lawyer?
The opinion concluded that a lawyer may not condition the return of client documents and the settlement of related fees on the client's release of legal malpractice claims, or on the client's…
Must a lawyer keep confidential damaging information about a client that the lawyer learned during the representation, even if it came from public sources?
The opinion concluded that the lawyer must keep confidential all information relating to the representation of the client and any information acquired in the course of the representation that could…
If a lawyer is a part-time municipal judge, can the lawyer's firm represent clients in matters involving that town or appear in that municipal court?
The opinion concluded that what the part-time municipal judge may do, the firm may do, and what the judge may not do, the firm may not do, under principles of imputed disqualification. Firm members…
Does the rule limiting lawyer contact with a physician about privileged information also cover privileged materials and medical records?
The committee concluded that the principle of Formal Opinion 180, governing attorney contact with physicians about privileged information, extends to privileged materials and medical records as well.
If a lawyer cannot locate the client, can the lawyer settle the case or file suit, and how should the lawyer withdraw?
The committee concluded that where the lawyer could no longer contact the client (an escaped jail inmate with a personal injury claim), the lawyer was precluded from taking any action on the…
Can a lawyer practice with or employ a lawyer who has been suspended from practice?
No. The committee concluded that because Rule 1.1(h) of the Rules for Lawyer Discipline prohibits a lawyer from practicing law with or employing a suspended lawyer, any lawyer who did so would…
When an insurer hires a lawyer to defend a malpractice claim against another lawyer, who is the client, and can the insurer block turning over the file?
The committee concluded that the lawyer being defended, not the insurance company paying the bill, is the client; so when that lawyer (now with new counsel) asks for the file, the insurer cannot…
Can a lawyer represent a party against a former client in unrelated litigation?
On the facts presented, the committee concluded that representing parties adverse to a former client in unrelated litigation does not violate RPC 1.7, because there was no present attorney-client…
Can a lawyer keep personal funds, such as proceeds from a personal real estate deal, in the client trust account?
No. The committee reaffirmed that under RPC 1.14(a), the trust account guidelines, and Informal Opinion 799, lawyers may not commingle personal funds, including funds from personal real estate…
If a lawyer is an unsecured creditor of a former client and knows of assets the client hid in bankruptcy, can the lawyer disclose them?
The committee concluded that assets a lawyer learned of during a representation and knows the former client did not disclose in bankruptcy are confidences or secrets, so RPC 1.6 and 3.3(a)(2)…
Can a lawyer employ a nurse as a staff member to help the lawyer provide personal guardianship services?
The committee concluded that nothing in the Rules of Professional Conduct prohibits a lawyer from employing a nurse as a staff member to assist in providing personal guardianship service.
Can the lawyer for a deceased lawyer's estate assert an attorney's lien over a former client's files?
The committee concluded that if the attorney's lien is lawfully assertable on behalf of the estate, there is no ethical reason the estate's lawyer could not assert it; whether the lien statute is…
When a firm hired by an insurer to defend its insured under a reservation of rights also represents the insurer, what can it reveal to the insured about that relationship?
The committee concluded the firm must disclose to the insured any facts about its representation of the insurer that could cause a conflict, but it could make only a general disclosure of that…
If a bankruptcy client hides an inheritance and refuses to disclose it, must the lawyer reveal it to the court?
The committee concluded that RPC 1.6 makes the inheritance a client confidence, so under RPC 3.3(a)(2) the lawyer could not disclose it to the court where RPC 1.6 prohibits disclosure; but if the…
When lawyers in different firms split a fee in Washington, must they satisfy every requirement of RPC 1.5(e)(2)?
The committee read the semicolons in RPC 1.5(e)(2) to mean that compliance with all of the independent phrases is required when dividing fees between lawyers who are not in the same law firm.
Can a lawyer contact the former spouse of an opposing party for information when the marital privilege may cover their communications?
The committee concluded that because RCW 5.60.060 makes confidential spousal communications privileged even after a divorce, a lawyer's ethical obligations in contacting the former spouse are the…
Can a lawyer own an escrow company with a non-lawyer, share office space with it, and let it refer customers to the law practice for related legal work?
The committee concluded that owning the escrow company and sharing space with the law office is proper, but that the escrow company may not refer its customers to the lawyer for related legal…
If a lawyer's law partner is a part-time court commissioner who signed a dissolution decree, is a later enforcement or modification the same 'matter' under RPC 1.12?
The committee concluded that a part-time court commissioner's signing of a default or agreed dissolution decree is substantial participation in the matter as a judge, and that any post-decree action…
When asserting an attorney's lien, can a Washington lawyer hold on to a client's papers if it would hurt the client's case?
No. The committee concluded that, even while asserting an attorney's lien, a lawyer may not retain a client's papers if doing so would prejudice the client's rights, because RPC 1.15(d) requires the…
Can a law firm sell simple wills from a county-fair booth, and where can someone complain about how it was done?
The committee repeated its earlier conclusion (Informal Opinion 914) that nothing in the Code of Professional Responsibility or the Rules of Professional Conduct prohibits a law firm from selling…
Can an in-house lawyer who represents the company in a lawsuit also testify as a witness in that case?
The committee concluded that a corporation's house counsel who represents the corporation in litigation may not also testify as a witness in that litigation, which RPC 3.7 prohibits; a lawyer…
If an insurer asks a lawyer to defend an employee who never contacted the lawyer, can the lawyer act for that employee?
The committee concluded that because the employee had had no contact with the lawyer and no attorney-client relationship had formed, the lawyer had no authority to act as the employee's lawyer and…
Can a law firm's shareholder agreement pay a departing lawyer less for their stock if they refuse to sign a non-compete?
The committee concluded that a proposed agreement making the buyout price of a departing shareholder's stock depend on signing a covenant not to compete is a restriction on the lawyer's right to…
If the lawyer probating an estate teams up with a lawyer who earlier represented a beneficiary, can either keep working on the estate?
On the limited facts, the committee concluded that where the attorney probating an estate became associated with a second attorney who had previously represented one of the adult beneficiaries in…
Can lawyers from different firms form an advertising association with a shared phone number that refers callers to its members for a fee?
The committee concluded that the proposed plan would violate RPC 7.2(c) because the member lawyers would be paying the association for recommending their services, and the association would not…
Can a lawyer say 'escrow and real estate matters' on the letterhead, and can a two-lawyer firm call itself 'Doe and Associates'?
The committee concluded that putting 'escrow and real matters' on the sign, letterhead, and cards would imply the lawyer was a specialist and is prohibited by RPC 7.4, though the lawyer may state…
Can a lawyer advertise 'no recovery, no fee' or call the practice 'the firm that gets results'?
The committee found nothing improper in mailing a lawyer's advertisement with cable TV statements, but concluded 7-1 that 'no recovery -- no fee' is misleading, and 7-1 that 'the firm that gets…
If a client disappears owing fees and the lawyer holds the client's money in trust, can the lawyer pay the fees from those funds?
The committee said the lawyer must make reasonable efforts to notify the missing client of the fee claim and of the intent to pay the fees from the client's trust funds, including trying to reach…
Can a prosecutor's office collecting child support represent two parents seeking support from the same parent when there may not be enough money for both?
By a 9-0 vote, the committee concluded that the prosecutor's office could represent both claimants only if it reasonably believed the joint representation would not adversely affect either client…
Can a lawyer tell the jury about a personal conviction that the lawyer's client should win?
The committee concluded that a lawyer cannot do indirectly what he may not do directly, and that RPC 3.4(f), effective September 1, 1985, prohibits a lawyer from conveying to the jury a personal…
Can a law firm run a booth at a county fair to sell simple wills?
The committee concluded that nothing in the Code of Professional Responsibility or the Rules of Professional Conduct prohibits a law firm from setting up a booth at a county fair for the purpose of…
Can lawyers who only share office space list all their names together on a shared door sign and letterhead?
The committee concluded that office-sharing lawyers could list their names in a vertical list with dividing lines on the door sign, but that the same format on a shared letterhead would violate RPC…
If a lawyer's nonlawyer employee steals from the trust account and the lawyer restores the funds, must the lawyer report it to clients or the bar?
The committee unanimously concluded that a lawyer who discovered an employee had misappropriated client trust funds, immediately contacted the bank, and had the missing funds replaced in the trust…
If a lawyer leaves a firm to work as a contract attorney for several firms, can the new firms take cases against the old firm?
On the facts presented, the committee found no ethical impropriety in a departing contract lawyer associating with firms adverse to the former firm's clients, as long as the lawyer was not involved…
Can a lawyer keep a former client's files and property under an attorney's lien until the lawyer is paid?
The committee concluded that a lawyer may assert a statutory attorney's lien over a former client's files and property in the lawyer's possession, as long as doing so does not prejudice the client;…
If a client is collecting workers' compensation and disability benefits that would be reduced if disclosed, must the lawyer reveal it to the agency?
The committee said the lawyer must first direct the client to disclose the benefits to the workers' compensation agency; under the old Code the lawyer had to reveal the fraud if the client refused,…
Can a law firm list nonlawyers like a Rule 9 intern or office manager on its office sign or letterhead?
The committee concluded that although the old Code (DR 1-102) prohibited listing nonlawyers on office signs, the Rules of Professional Conduct effective September 1, 1985 contain no such…
If a lawyer and their spouse are on opposite sides of a case, one defending and one prosecuting, can both keep working on it?
When the two spouses are personally on opposite sides of the same case, DR 5-101 and RPC 1.8 require full disclosure to both clients and the clients' consent to continued representation; when only…
Can a legal services funding contract require a lawyer to report information that reveals individual clients' identities and the time spent on their cases?
The committee concluded that a legal services contract requiring disclosure of information from which specific clients' identities and the time spent on their cases could be determined is improper…
Can a lawyer-mediator mail brochures to people who recently filed for divorce to offer mediation services?
By a 5-4 vote, the committee treated a lawyer's work mediating dissolutions as 'professional employment' subject to the solicitation rule RPC 7.3, and concluded the lawyer may mail a…
If a lawyer represents a married couple jointly and they then file for divorce, can the lawyer keep representing them in their other lawsuit?
The committee unanimously advised that the spouses' dissolution filing creates a conflict in the joint contract suit; the lawyer must disclose the conflict, tell the clients to discuss it with their…
Can a Washington sole practitioner advertise an affiliation with an out-of-state firm, or have the office phone answered 'attorneys at law'?
The committee concluded that a Washington lawyer who was neither a partner nor an employee of an out-of-state firm could not advertise an affiliation with non-Washington lawyers, and that a sole…
Can a lawyer rent office space from a nonlawyer-owned business that uses a law-related name and may be practicing law without a license?
On the limited facts, the committee said the nonlawyer entity might be engaged in the unauthorized practice of law, and that if the lawyer were aiding that practice, the lawyer's conduct would…
Is a written 'fee agreement' that only lists factors affecting the fee, without stating the actual fee, a valid fee agreement?
The committee unanimously concluded that a document listing only general factors that could determine a fee, with no specific fee information for the client, is not really a fee agreement; a fee…
Can a lawyer represent the opposing lawyer in an unrelated matter while the two are on opposite sides of a pending case?
The committee allowed an unrelated representation of opposing counsel if the lawyers reasonably believe it will not adversely affect their other responsibilities. Written client consent after…
Can two lawyers run an independent law firm out of the offices of a non-law business like a management consulting firm?
On the facts described, the committee unanimously found no ethical impropriety in two lawyers operating an independent law partnership from a management consulting firm's offices, where the law firm…
In a contingent fee case, which litigation costs must the client pay, and can the lawyer bill the client for an in-house investigator?
The committee concluded that under SJC Rule 3:05 a contingent fee client must be charged for out-of-pocket 'expenses and disbursements,' while other costs (overhead) may be charged only by a…
Can a lawyer act as a divorce mediator, draft the separation agreement, and team up with a non-lawyer counselor?
The committee concluded that a lawyer may serve as a divorce mediator (alone or with a lay counselor) if he explains that he represents neither party, warns of the risks of proceeding without…
Can lawyers who only share office space call themselves 'A, B, C & D, a Professional Association'?
The committee declined to advise that using 'a Professional Association' after a partnership-style name for lawyers who share office space but are not partners is deceptive, given the term's past…
Can a lawyer who sues an insurer's policyholders for personal injury clients also take real estate work from that insurer's mortgage department?
The committee concluded that a lawyer representing personal injury plaintiffs against an insurer's insureds may not also do mortgage-department work for that insurer unless all parties consent after…
Could a Vermont firm accept a client referred by the spouse of one of its nonlawyer employees?
Opinion 85-09 found no improper solicitation where the referring spouse acted independently, was not the firm's agent, and the employee was not promoting the firm. The committee said the firm should…
Could a Vermont defense firm continue a case after hiring a student clerk who worked extensively on the plaintiff’s side?
Opinion 85-08 said the defense firm could not continue without the plaintiff’s waiver if it hired the clerk, and the clerk could not work on the matter because of knowledge gained for the opposing side.
Must a discharged Vermont lawyer destroy or surrender interview notes containing a former client's confidences?
Opinion 85-07 says confidentiality did not require the lawyer to purge personal notes from the file, assuming the notes were lawyer work product and all client-entitled papers had been delivered.
Did a former defender’s move to the county prosecutor disqualify every prosecutor from related cases?
Arizona Opinion 85-06 disqualified the former defender from prosecuting co-conspirators in matters involving a former client, but did not impute that conflict to the entire county attorney office…
Could a Vermont lawyer represent a franchise applicant after representing a competing company in an unrelated acquisition?
Opinion 85-06 allowed the new administrative representation on the stated lack of substantial relationship or relevant former-client confidences, while preserving the duty not to use protected information.
Could a Vermont lawyer disclose a former jointly represented couple’s real estate communications to one spouse’s divorce lawyer?
Opinion 85-05 said the lawyer remained bound to protect both former clients’ confidences and secrets absent consent after full disclosure, though a subpoena and court order could permit compelled…
May successor counsel hold settlement funds claimed by a client's former lawyer?
Opinion 85-04 found no Code violation when successor counsel held the disputed funds after former counsel, a named payee on the settlement check, endorsed it on that condition. The committee did not…
Could a firm ask a court to revisit a statutory fee waiver after settling a civil rights case?
Opinion 85-03 said the firm could ask the court to reopen the fee question if the effort did not jeopardize the client’s settlement and the client knew of and consented to it. It did not decide 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.