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 law firm require a departing lawyer to share fees later earned from clients who follow that lawyer to a new practice?
The opinion concluded no; a clause forcing a withdrawing lawyer to pay the firm a percentage of fees from former firm clients who later hire that lawyer divides fees without a proportionate division…
Can a lawyer who is also a real estate broker, or his law partner, act as the lawyer in a deal where the lawyer earns a brokerage commission?
The opinion concluded not without informed consent; the lawyer-broker's commission gives him a financial interest that may impair his judgment, so neither he nor his associate may represent a party…
Can a lawyer privately contact his existing clients to tell them about a lawsuit and represent them as additional plaintiffs?
The opinion concluded yes; the ban on soliciting employment by private communication applies only to prospective clients, not to a lawyer's existing clients, so the lawyer could advise existing…
Can a lawyer who was an associate, not a partner, of a now-deceased lawyer name the new firm after both of them?
The opinion concluded no; because the associate and the deceased lawyer were never partners and no such firm existed before the death, a name combining both falsely implies a prior partnership and…
Can a criminal defense lawyer agree that the fee for the criminal case will be paid only out of any recovery in a related civil rights case?
The opinion concluded yes; because the criminal fee turned on the outcome of the related civil action rather than on the criminal charge itself, it was not a prohibited contingent fee in a criminal…
Can a law firm represent a personal injury plaintiff when one of its lawyers was an assistant state's attorney while related criminal charges against the defendant were pending, but had no role in the prosecution?
The opinion concluded yes; because the former prosecutor had no personal and substantial role in the criminal case, he was not disqualified under the former-government-lawyer rule, and his firm was…
Is it a conflict of interest for a lawyer who sits on a county board to also represent the State as a special assistant attorney general in condemnation cases in that county?
The opinion concluded there is no per se conflict, so long as the condemnation matters are against private landowners and do not involve the county itself; only if the county were a party would a…
Can a criminal defense lawyer tell the court that privileged information shows the defendant is innocent, when that information is not admissible evidence?
The opinion concluded no; a lawyer may not try to influence a court by disclosing inadmissible privileged client information, and doing so breaches both the duty of confidentiality and the duty not…
Can a lawyer put the Scales of Justice symbol on a professional card and on letterhead?
Yes. The opinion concluded that the Scales of Justice, as the time-honored symbol of the practice of law, may be placed on a lawyer's professional card and letterhead, neither of which is…
Can a lawyer have a lighted sign identifying the law office?
Yes. After Bates and In re R.M.J., the opinion concluded a lawyer may have a lighted law-office sign so long as it is not false, fraudulent, or misleading, and it modified the Committee's earlier…
Can a lawyer who owns stock in a corporation also serve as that corporation's lawyer?
Qualified yes. There is no per se rule disqualifying a shareholder-lawyer from representing the corporation, but the lawyer owes allegiance to the entity, not to himself or any individual, and must…
Can a lawyer raise funds, or ask others to raise funds, to pay for an indigent criminal defendant's defense and appeal?
Qualified yes. A lawyer may solicit or help raise funds to pay reasonable fees and costs for an indigent client's defense, but must state the total fee needed, remit any unearned portion, not split…
Can a lawyer charge more than a statutory or court-ordered fee, or have the client make up the difference through a gift to the lawyer or to a charity?
A lawyer is generally bound by a statutory or court-set fee and may not charge more (a qualified no, with a narrow exception where a court awards a partial fee 'toward' a larger reasonable fee). The…
Can a lawyer under a personal-service contract with a state agency also represent a client against that same agency, or against a different state agency?
No against the same agency: the lawyer is precluded from acting against an agency he is under contract to, and consent cannot cure it. Against a different agency it is a qualified no, permitted only…
After a client fires a lawyer, can the lawyer charge a fee to copy the client's file before handing it over?
Qualified yes. A discharged lawyer may charge the former client the actual cost of duplicating the file, but not a fee disproportionate to that cost and not a second charge where copying costs were…
Can a lawyer secretly record conversations, and may a criminal defense lawyer secretly record witnesses in the case?
No in general; yes for defense witnesses. The opinion concluded that a lawyer may not secretly record conversations without all parties' consent, but a lawyer defending an accused may secretly…
Can an assistant attorney general own a controlling stake in a company that bids for state work, and can the rest of the department still handle matters involving that company?
The opinion concluded that owning the stock is not improper per se, but the assistant attorney general must decline Department of Justice matters relating to the company because his judgment for the…
If subpoenaed by the IRS or a grand jury, may a lawyer reveal a client's name and the fees and financial transactions involved in the representation?
The opinion concluded the committee could not decide whether such disclosure is proper, because whether the client's name and financial information is a privileged confidence is a question of law…
Can a lawyer absorb expenses like postage, long-distance calls, and travel rather than billing them to the client?
The opinion concluded that, so long as items such as postage, telephone, and travel are the attorney's own personal expenses and not expenses of the client, the attorney's payment of them is not improper.
Can a lawyer split worker's compensation fees with a lay practitioner who is statutorily authorized to appear before the agency?
The opinion concluded that it would be improper for the lawyer to divide legal fees with the lay practitioner, because the Code bars sharing fees with a nonlawyer; the lay practitioner could be paid…
Can a lawyer become a part owner of, or work for a fee with, an interdisciplinary financial-planning firm made up of a lawyer, an accountant, a securities broker, and insurance agents?
The opinion concluded that a lawyer may not be a partner in such an organization if any of the lawyer's activities consist of the practice of law, and that even independent participation for a fee…
Can a law firm appear before a family court commissioner when one firm member is married to an associate of that commissioner's private law practice?
The opinion concluded that there would be no ethical impropriety in any member of the firm, including the spouse of the commissioner's associate, appearing before the family court commissioner in…
Must a lawyer grant opposing counsel's request for an extension of time to answer, or can the lawyer move for default?
The opinion concluded that a lawyer may legally refuse an extension and move for default, but the Code says a lawyer should accede to reasonable requests on procedural matters and follow local…
Can a lawyer hired by an insurer represent both the insurer and the insured in an auto-accident case where the plaintiff also seeks punitive damages?
The opinion concluded that a lawyer retained by an insurance carrier may generally represent both the insurer and the insured, but must fully disclose the relationship to the insured, owes the…
Can the law partner of a village attorney serve on the village's zoning board of appeals, which the village attorney advises?
The opinion concluded that the partner would not place himself in a conflict by serving on the zoning board of appeals, and that the village attorney may continue to serve while the partner sits on…
Can a law firm pay an insurance company's referral subsidiary a fee equal to a percentage of the fees the firm earns on referred cases?
The opinion concluded that paying the proposed 2 percent-of-fees referral charge would be improper: it is in substance a division of fees with a nonlawyer, and paying any fee for referrals is…
Can an assistant district attorney serve on a community mental-health board of directors while also representing the public in mental-health commitment proceedings?
The opinion concluded that the dual roles are not necessarily incompatible: an assistant district attorney may serve on a Chapter 51 community board while handling mental-health commitment…
When a complainant in a criminal matter is represented by a lawyer, may the prosecutor copy the complainant directly on a response sent to that lawyer?
The opinion concluded that the no-contact rule applies in the non-adversary criminal context, so a prosecutor may not communicate in any way with a represented complainant on the subject of the…
Can a lawyer call a shareholder, employee lawyer, or nonlawyer employee of the same firm as an expert witness in a divorce case?
The opinion concluded that calling a shareholder or employee lawyer of the same professional corporation as an expert witness in a divorce proceeding is improper, for the same reasons that bar…
Can a law firm mail a letter describing its practice areas to union members in a geographic area, and may it call those practice areas its specialties?
The opinion concluded that general direct-mail advertising to a geographic group is permissible if the letter is not false, misleading, deceptive, or unfair and is not tailored to recipients with an…
Can a lawyer serve on the board of directors of a corporation and also act as the corporation's counsel?
The opinion concluded that it is not unethical per se for a lawyer to serve on a corporate client's board of directors, but the lawyer should abstain from any decision to retain the lawyer and must,…
What must a public defender and a supervising lawyer do when assigned caseloads grow too large for competent representation?
The opinion concluded that a staff public defender facing an unmanageable caseload should, except in extreme or urgent cases, decline new matters and withdraw from enough pending matters to handle…
Can a party's lawyer give a settlement letter to the opposing party's unrepresented relative, and can that relative be used to pass it to the represented opposing party?
The opinion concluded that, with the client's consent, counsel may give a settlement discussion letter to an unrepresented non-party relative, but counsel may not use that relative to communicate…
Can a lawyer use a lay consulting service for medical-legal research and expert witnesses in personal injury cases, paid on a contingent or flat fee basis?
The opinion concluded that a lawyer may use such a service if it does not engage in the unauthorized practice of law, the lawyer does not share legal fees with it, and no contingent fee is paid for…
Can an assistant state's attorney who handles all of a county's family court matters also represent private divorce clients in that same county?
The opinion concluded no; an Assistant State's Attorney responsible for all of a county's family court matters may not privately represent clients in marriage dissolution cases in that same county,…
Could a Nebraska lawyer who also served as a city police officer represent criminal defendants?
No. The 1984 opinion found the police role incompatible with criminal defense and extended the restriction to lawyers associated with the officer-lawyer.
Can a bank charge a borrower more for its in-house lawyer's closing work than that lawyer costs the bank?
The committee concluded that a bank's staff attorney may not take part in charging a mortgagor more for the attorney's closing services than the attorney's actual pro rata cost to the bank, because…
Could a Vermont lawyer represent a landowner in a boundary dispute against a former purchaser client from the adjoining property?
Opinion 84-08 did not require withdrawal where the former work excluded boundary investigation and the only boundary information came from recorded deeds rather than protected client information.
Could a Vermont lawyer keep a discovery-sanction payment when the client disputed who owned it?
Opinion 84-06 required the sanction funds to remain in a separate client trust account until the ownership dispute was resolved and declined to decide who was entitled to the money.
Could a Vermont firm defend a person whom an earlier caller had asked about suing but had not retained the firm to sue?
Opinion 84-05 allowed the defense if the firm had not undertaken to advise the caller or sought facts for advice and no good-faith confidential disclosure had occurred.
Can a lawyer use a paid Welcome Wagon service, or in-person visits, to deliver advertising to new residents and newlyweds?
The opinion concluded that after a 1984 rule amendment a lawyer may mail labeled advertising to the general public, but may not deliver it in person and may not pay a Welcome Wagon service to…
May a Vermont collection agency employ a salaried lawyer to litigate creditor claims while retaining the agency's contingent collection fee?
Opinion 84-03 finds that the arrangement aids unauthorized practice and violates the former rule on employment by organizations that promote a lawyer's services; it did not reach the separate…
May a Vermont lawyer handle a property purchase or sale when the lawyer's spouse is the broker?
Opinion 84-02 said DR 5-101 would normally bar the lawyer from representing a buyer when the spouse brokered the transaction, absent the client's consent after full disclosure. It said seller…
May a firm negotiating for a municipal police association defend criminal cases involving association members?
Opinion 84-01 said the firm could defend cases unrelated to the police department or its members, but must decline cases involving association members as witnesses or investigating officers. The…
If two lawyers who are not in the same firm share office space, what must each do to keep the other from learning client confidences and secrets?
The committee found the inquiring lawyer's described office-sharing procedures adequate, and reminded the lawyer to guard against the office-mate overhearing client confidences and secrets and that…
Can a lawyer use a Welcome Wagon service or targeted mailings to solicit newcomers, newlyweds, and new parents?
The opinion concluded that a lawyer may not solicit a targeted group of individuals, in person or by mail, directly or through a Welcome Wagon service, but may place generalized advertising in a…
Can a law firm keep representing a bank in all its matters while suing another bank, once a single holding company comes to own both banks?
The Committee concluded that the firm may not continue representing Bank A on virtually all matters while suing Bank B once a single holding company owns both, because the firm would in effect be…
Can a Texas law firm enforce non-compete or no-solicitation covenants against associates and partners who leave the firm?
The Committee concluded that it is improper, and a violation of DR 2-108, for a firm to use employment or partnership agreements that restrict a departing lawyer's right to practice law, including…
Can a Texas lawyer take part in the state's IOLTA program, remitting interest on pooled nominal client trust funds to a foundation for legal aid?
The Committee concluded that participation in the Texas Equal Access to Justice Program does not violate the Code of Professional Responsibility, because the interest on nominal or short-held client…
Does mailing a lawyer's obviously mass-produced brochure to named addressees count as direct solicitation or as ordinary advertising?
The Committee concluded that an obviously mass-produced brochure does not become a solicitation communication merely because it is mailed to named addressees; it remains advertising governed by DR…
If a lawyer serves as county attorney, can the partners or associates in his firm defend criminal cases, at least in other counties?
The Committee concluded that no partner or associate of a county attorney may represent a criminal defendant in any case in any Texas court, because a county attorney is disqualified from being…
Can a Texas lawyer advertise academic degrees and areas of study, non-legal board certifications, and example case types under a practice-area heading?
The Committee concluded that all of this information may be advertised, but to avoid misleading the public, non-legal certifications must be stated in plain factual terms without elaboration, and…
Can a Texas lawyer work for a collection agency and share in its fees, and can the lawyer own part of the agency while representing its creditor clients?
The Committee concluded that a lawyer may accept work from a collection agency only if no fees are split with the agency, the agency does not direct the legal work, and the lawyer acts for the…
Can a Texas lawyer pay to be listed, with qualifications, in a local law directory promoted to consumers as a way to pick an attorney?
The Committee concluded that a lawyer may pay to be listed in a law directory or law list promoted to consumers, and the list need not be approved by any bar organization, so long as the information…
Does pleading a specific dollar amount for unliquidated damages, contrary to Texas Rule of Civil Procedure 47(b), violate a Texas lawyer's ethics obligations?
The Committee concluded that intentionally or habitually pleading a dollar amount for unliquidated damages violates Rule 47(b) of the Texas Rules of Civil Procedure, and that such a violation of an…
Can a Texas lawyer advertise legal services by mail, and can the lawyer send personalized direct-mail letters soliciting business from non-clients?
The Committee concluded that a mass mailing of advertisements or nonpersonalized letters is advertising in the public media, permissible under DR 2-101. Personalized direct-mail letters soliciting…
Can a Texas lawyer mail non-clients a form letter offering to sell will forms with fill-in instructions while disclaiming any attorney-client relationship?
The Committee concluded that mailing such a letter is prohibited solicitation, not protected advertising, because it violates DR 2-103(D): it is likely to reach people unable to exercise reasonable…
Does a lawyer violate the ethics rules by issuing a written legal opinion to an employee organization that turns out to be wrong on the law?
The Committee concluded that a merely erroneous legal opinion is not itself a violation; the lawyer violates the Code only if he issued it knowing it recommended illegal conduct, in which case it is…
Can a Texas attorney hold a client's file or property under a retaining lien when the client refuses to pay the fees owed?
The Committee concluded that an attorney may ethically assert a common-law retaining lien on a client's file after first making demand for unpaid fees, but only if the client's legal rights are not…
Can a Texas attorney join a barter association that takes a join-up fee, dues, and a percentage of trades, and guarantees members a level of business?
The Committee concluded that one-on-one bartering for legal services remains permissible, but joining a barter association that guarantees members business or refunds their fees, and takes a join-up…
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.