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 former Vermont firm associate represent a wife in divorce litigation against a husband represented by the old firm?
Opinion 85-02 allowed it on the stated facts that the former associate knew nothing about the old firm’s representation of the husband and had not worked on it.
Can a lawyer use direct-mail advertising and offer free seminars to a retirement community to attract clients?
The committee concluded that direct-mail advertising is permitted if it is not misleading or deceptive; it split 6 to 4 on a proposed free seminar for a retirement community, the majority allowing…
Who is entitled to the interest earned on money a lawyer holds in a trust account, the lawyer or the client?
The committee advised that interest on a trust account belongs to whoever owns the funds; it said it could not resolve the underlying legal question of when ownership of disputed funds vests in the lawyer.
Can a legal services office tell anyone whether a person qualifies for free legal help without that person's consent?
The committee concluded that revealing information about a client's eligibility for representation would violate DR 4-101's duty to protect client confidences and secrets, and that such information…
If a lawyer's client is a financial planner, can the lawyer also give legal advice to the planner's customers about products the planner sells, such as living trusts?
On the limited facts given, the committee could not issue a full opinion and asked for more information; it stated that if the lawyer's client is the financial planner, the lawyer could not give…
Must an interstate law firm list all of its partners, including those not licensed in New Jersey, in the firm name on its New Jersey letterhead?
No. On remand, the Committee held that a firm name listing the resident New Jersey partners licensed in New Jersey complies with RPC 7.5(b), and the firm need not list partners who are not licensed…
Can a lawyer who also serves as a part-time city judge defend someone accused of a crime when the city's police may testify in the case?
The Committee concluded that a part-time associate city judge should not represent a criminal defendant where the city's police are or may be potential witnesses, because his independent…
Can a lawyer list up to three fields of law in a legal directory like Martindale-Hubbell without a board-certification disclaimer?
The Committee concluded that a lawyer may list in Martindale-Hubbell the fields of law to which the lawyer devotes considerable time, whether or not the lawyer is board certified in those fields,…
Can a Texas lawyer pay a company to print the firm's name under a 'Lawyers' heading on plastic phone book covers and city maps mailed to new residents?
The Committee concluded that a lawyer may pay for such a listing only if recipients readily perceive it as paid advertising by the lawyer rather than a disinterested recommendation or an exclusive…
Can a Texas law firm put a non-lawyer private investigator's name, labeled 'investigator,' on its outdoor office sign alongside the firm name and the lawyers' names?
The Committee concluded that a firm may not include a non-lawyer independent-contractor investigator's name on its outdoor sign, because doing so would mislead readers into thinking the investigator…
Can a Texas lawyer write an educational newspaper column on taxation that carries a board-certification disclaimer and gives no individual advice?
The Committee concluded that a lawyer may write such an educational newspaper column, with proper disclosure of the lawyer's name and a disclaimer of expert status, and that this activity is…
Can a Texas lawyer advertise that he was formerly a military attorney, and does that claim require a board-certification disclaimer?
The Committee concluded that a former military-attorney job title related to legal experience may be included in advertising, but because it conveys the impression of expertise in an area of law not…
Can a New Mexico lawyer send a direct-mail letter to loan agencies and lenders advertising his student loan collection services and fees?
The opinion concluded that if the statements in the proposed advertising letter are true and correct, it is appropriate for the attorney to send it to prospective clients, relying on the U.S.…
Can a lawyer who won a damages judgment against a man for one client take on that man's wife as a client in her divorce, where both are pursuing the husband's property?
The opinion concluded that whether a conflict existed turned on whether the judgment against the husband was a community or separate debt, and that even a possible conflict did not automatically…
Can attorneys who regularly practice before a state agency also serve under contract as the agency's part-time hearing officers?
The opinion concluded the proposal created an appearance of impropriety, because attorneys who both advocate before and adjudicate in the same forum create an unavoidable impression of potential…
If a client tried to defraud an insurer with a falsified report and the fraud was discovered, must the lawyer report it to the district attorney, and may the lawyer help the insurer prosecute the former client?
The opinion concluded the firm had no obligation to report the attempted fraud to the district attorney, because the client only attempted rather than perpetrated the fraud and the insurer (the…
In settling a case, can a plaintiff's lawyer agree to keep the terms secret, hand over and seal her entire file, and promise never to take other cases against the same defendants?
The opinion concluded the lawyer could agree to keep the settlement terms confidential (a client secret) and that whether to surrender and seal the file was the client's decision since the file is…
May a part-time state's attorney represent a crime victim in a later civil damages case?
The committee answered yes after the criminal appeal period expired, provided no discussion established a civil lawyer-client relationship while the criminal case was pending. It said preliminary…
When an attorney leaves a firm in the middle of a contingent-fee case, can the firm hold the client's files as a retaining lien to force a fee-split agreement with the departing lawyer?
The opinion concluded the firm could not use a retaining lien, or the threat of one, on the client's files to compel a separation agreement with the departing attorney, because until the client is…
In a federal civil rights case, may a defendant offer and a plaintiff accept a single lump-sum settlement that bundles damages, costs, and the plaintiff's statutory attorney's fees?
The opinion concluded that in cases involving only damages it is not ethically improper for a defendant to offer, or a plaintiff to accept, a lump-sum settlement covering damages, costs, and…
When federal investigators want to open a lawyer's intercepted letter to a client and want help locating a client who used an alias for fraud, what can the lawyer disclose?
The opinion concluded the lawyer should not permit the FBI to open the intercepted letter and that only the client could waive the attorney-client privilege, even though the client had used an…
Can a law partnership keep paying a former partner a percentage of its gross fees under a buy-out agreement if that former partner resigns, is suspended, or is disbarred and becomes a nonlawyer?
The opinion concluded the buy-out payments were permissible under Rules 2-107 and 3-102, even if the former partner later resigned, was suspended, or was disbarred, because they were deferred…
Can a lawyer represent an employer both in a tort suit (where the injured employee is an involuntary counterclaimant) and in defending against that same employee's workers' compensation claim?
The opinion concluded that no conflict presently existed and that neither the Code nor the Model Rules required the lawyer to withdraw from representing the employer in either suit, but cautioned…
Can a full-time assistant district attorney in one district volunteer, without pay, as a village prosecutor handling municipal traffic cases in a second district?
The opinion concluded the assistant district attorney was not directly violating any ethical standard by serving without pay as a village prosecutor in a second district, but cautioned that a…
Can a lawyer hired by an insurer to defend an insured withdraw from that defense and then bring a coverage suit against the insured on a related matter?
The opinion concluded the proposed conduct gave rise to at least the appearance of a conflict of interest under Rules 5-105 and 5-107(B), even though the lawyer had no actual contact with or…
When a law firm dissolves or a lawyer leaves, what must the firm and lawyers tell clients about choosing counsel?
The committee concluded that both the firm and the departing attorneys owe a fiduciary duty to give clients fair, accurate, and timely notice of the change so each client can make an informed choice…
Can a lawyer communicate ex parte with a workers' comp rehabilitation consultant who is running a conference?
The committee concluded that the rule barring ex parte communications with a judge or judicial officer (former Rule 7-108(B)) does not apply to a State Rehabilitation Bureau consultant, because the…
May a New Jersey lawyer hold free public legal seminars, advertise them in newspapers, and later represent people who attended?
Yes. The opinion concluded a lawyer may conduct free public legal seminars and advertise them in print media, and may later accept employment from an attendee, provided the seminar serves as a…
May an attorney serve as counsel to a municipal sewerage authority while his law partner represents a non-profit housing corporation that is suing that authority, and may the attorney stay in the civic club that sponsors the housing corporation?
No to both. The opinion concluded the appearance of impropriety bars the arrangement even after the partner withdrew from the pending suit, so the two lawyers had to choose which client to keep; and…
Is there a conflict when one firm has partners volunteering on a city's planning and appeals boards while another partner serves as the city solicitor?
The opinion concluded no conflict inherently arises. Because the firm represents no private clients before either board, the city solicitor's independent judgment is not adversely affected by his…
After withdrawing, may a lawyer hold back a deposition and other file materials from a former client until the client repays the costs the lawyer advanced for them?
The opinion concluded no. A lawyer may not condition turning over the former client's file, including a deposition and data whose costs the lawyer advanced, on reimbursement of those costs, because…
May a part-time municipal judge appear in a store advertisement as a judge or in a private capacity?
The Commission said appearing as a judge would violate Canon 2C by lending office prestige to the store, while an appearance in private capacity was not prohibited.
Does a litigant’s or lawyer’s campaign contribution itself disqualify a judge or require additional disclosure?
The Commission said a contribution alone did not disqualify the judge and public filing satisfied disclosure absent special circumstances that might otherwise require disqualification.
Can assistant prosecutors who are also private law partners take opposing roles, such as one defending a bankruptcy debtor while another pursues the agency's claim against the estate?
LEI 84-5 concluded that an assistant prosecutor may not pursue a county or state agency's claim against a debtor whose bankruptcy is defended by his private law partner; serving as a Workers'…
Can a lawyer refuse to file or finalize a client's divorce decree until the client pays the legal fees that are owed?
LEI 84-4 concluded that a lawyer may not ethically delay completing a divorce action, such as refusing to file the final divorce decree, because the fee is unpaid; that refusal violates DR 5-101(A),…
Can a corporation owned by lawyers provide legal research services to other attorneys and law firms without engaging in the corporate or unauthorized practice of law?
LEI 84-3 concluded that providing a legal research service through a corporation formed by West Virginia State Bar members is proper, so long as the service is limited to licensed attorneys and law…
Must a New York lawyer holding funds under a retaining lien sue the client to resolve a disputed fee?
The opinion concluded that a lawyer holding funds under a retaining lien need not sue the client to resolve a fee dispute, provided the lawyer has zealously tried to settle it short of litigation…
Does a lawsuit naming circuit judges as a defendant class automatically disqualify a judge from cases involving the plaintiffs’ lawyer or firm?
The Commission said there was no automatic disqualification on the stated facts, though bias arising from the lawsuit could require it; the judge could recuse in a particular case.
Can a New York law firm pay to be the recommended firm in a real estate broker's homebuyer brochure?
The opinion concluded that a law firm may not pay to be listed as the recommended firm in a real estate broker's brochure; paying a third party to recommend the lawyer's services is prohibited by DR…
Can a lawyer solicit an accident victim by letter, telephone, or in person to be hired for the case?
Under the former Code, the committee concluded a lawyer could seek to represent an accident victim in writing and could solicit the employment by telephone or in person, provided the lawyer complied…
Can a lawyer handle a case against a client whose opposing counsel is the lawyer's spouse, and can another lawyer in the same office take it instead?
The committee concluded a staff attorney may not represent a client in a child support matter when the opposing party is represented by the staff attorney's spouse, but another attorney in the same…
May a lawyer interview a government agency's non-managerial employee about the subject of pending litigation without the consent of the government's attorney?
The opinion concluded that plaintiff's counsel may interview a non-party government employee, here a teleconference manager who was not someone reasonably thought to represent the agency in the…
Can a lawyer obtain a client's signed consent to withdraw at the start of the representation and later file it with the court to withdraw?
The opinion concluded that a lawyer may not file a previously executed consent with the court as a current express written consent to withdraw under Alaska Civil Rule 81(d)(1)(iii), and may not do…
May a law firm hire a paralegal who previously worked for a firm it is currently opposing in litigation?
No. The opinion concluded that hiring a paralegal formerly employed by a firm with which the prospective employer is presently involved in adversarial matters is improper; the disqualification rule…
May one attorney represent both a local K-8 school district and the overlapping regional high school district?
As issued, the opinion concluded no: it would breach professional ethics for one attorney (or his partner or associate) to represent both a municipal school board and the regional school board,…
May a non-profit legal-services project report client background information to the public and private sources that fund it without violating client confidentiality?
As issued, the opinion concluded yes: the background and eligibility data the project reported to its funders did not reveal client confidences or secrets under the confidentiality rule. The New…
Must a Maryland judge recuse whenever a lawyer who co-owns land with the judge appears in court?
The Committee did not require automatic recusal on the stated facts, but required disclosure of the co-ownership to both sides and their clients; if anyone objects, the judge should not sit absent…
When a law firm partner is elected to Congress, can the firm keep that partner's name on its firm name and letterhead?
Yes, but only if the member of Congress continues to actively and regularly practice law as a member of the firm; otherwise the name must be removed, and the firm and lawyer must avoid any…
What kinds of questions will the Kentucky Bar Association ethics committee answer in an advisory opinion?
The committee answers only an attorney's own questions about the propriety of the attorney's own contemplated future conduct. It does not opine on opposing counsel's or third parties' conduct, an…
When may a legal services organization run a not-for-profit lawyer referral service, and may an attorney on its board take referrals from the service?
A not-for-profit lawyer referral service is proper if it is organized on a not-for-profit basis to help the public find counsel, is not run primarily to benefit particular lawyers, and operates…
Can a Commonwealth Attorney represent a party in a contested custody case, and must he withdraw if the other side seeks a criminal complaint?
Yes, he may take the custody case where no criminal warrant has issued; if the opposing party later seeks but is refused a criminal complaint, continued representation is a qualified yes, and…
Can a lawyer run a consulting business that gives legal information to businesses through training sessions?
Qualified yes. The opinion concluded that a lawyer may operate a consulting business disseminating legal information to businesses through training sessions, so long as the lawyer follows the…
In a prepaid group legal-services plan, who is the staff lawyer's client, and how much can plan administrators control how the lawyer handles a case?
The plan beneficiary is the client; a nonlawyer administrator may not direct the staff lawyer's professional judgment, and where the plan demands action against the client's interest the lawyer must…
Can a Michigan lawyer advertise as a specialist, or as specializing, in a particular area of practice?
The opinion concluded that, absent rules from an authority authorized to certify specialists, it was improper for a lawyer to advertise as a 'specialist' because that implies a recognized certifying…
Must a lawyer wait for settlement funds to clear the bank before disbursing them to a client, and can the firm advance the client's share from its general account?
The committee concluded that a lawyer must deposit settlement proceeds to the trust account and wait until the bank credits the funds before disbursing to a client, may not disburse cash back at…
May a newly appointed part-time municipal judge continue representing a client on appeal from that court’s earlier ruling?
The Commission said the judge should not continue the representation because challenging the judge’s own court’s prior ruling while on the bench would violate Canon 2.
Can a lawyer take a contingent fee to collect overdue child support when the client cannot afford a retainer?
On the facts presented, the committee concluded a contingent fee to collect a $50,000 child support arrearage was not improper where the client could not pay even a modest retainer, no other fee…
Does a law firm using the phrase 'An Association of Attorneys' after its members' names need to add a further disclaimer like 'Not a Partnership'?
No. The opinion held that 'An Association of Attorneys' is by itself a proper way to identify the members of a non-partnership law firm and no additional disclaimer is required, vacating the…
Can an attorney who takes default judgments on accounts referred by a collection agency be paid a flat hourly rate by the agency, with collected attorney's fees routed through the agency's trust account?
The opinion held that once a collection matter is referred to the attorney, the attorney must immediately establish a direct attorney-client relationship with the creditor, with the collection…
Can a parent corporation's in-house counsel perform legal work for affiliated subsidiaries and limited partnerships, with the parent billing those affiliates for the actual cost of the lawyer's time and overhead?
Yes, in each of the five reimbursement scenarios presented, including where the in-house lawyer's employer is also the managing general partner of the limited partnership being billed, provided…
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.