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 Texas lawyer put a clause in a retainer agreement charging interest on attorney's fees that go unpaid past a set date?
The Committee concluded that nothing in the Code prohibits charging interest on an unpaid fee balance, and it approved charging reasonable interest as long as the charge is reasonable, complies with…
Can a Texas lawyer representing a party in a real estate deal take a fee that is a percentage of the title insurance premium paid by the title insurer?
The Committee concluded that a lawyer may accept a percentage of the title insurance premium only for services actually rendered to the title company; because the arrangement makes the title company…
Can a collection agency manager who became a lawyer write to the agency's current clients to continue their collection work through his new law office?
The opinion concluded that the proposed letter was not objectionable, provided distribution was limited to the collection agency's present clients; if sent to others, the lawyer would have to modify…
Can a lawyer who drafted and mediated agreements between two parties later represent one of them in arbitration against the other over the same project?
The opinion concluded that the lawyer had to withdraw: if the general contractor was a current client, an undivided duty of loyalty required it; and if a former client, the substantial-relationship…
Can a salaried in-house bank lawyer seek court-awarded attorney fees in collection and foreclosure suits, and may the bank keep more than the lawyer's cost?
The opinion concluded that a salaried in-house bank lawyer had to disclose to the court that she was exclusively on salary when requesting fees, that it would be improper for the bank to collect…
Is it unethical or an unfair trade practice for the defense bar to use a release that reserves the releasee's own claims while the releasor gives up all claims?
The opinion concluded that a non-mutual release, which reserved the releasee's rights while the releasor released all claims, was not an unfair or deceptive trade practice under New Mexico law and…
Can a lawyer keep a former client's papers as security for unpaid fees when the client needs them for other litigation?
The opinion concluded that a lawyer could assert a retaining lien and withhold a former client's papers despite other litigation, but only if a valid lien existed, the client did not fall within the…
What limits did Ethics Opinion 39 place on lawyers working with debt collection agencies?
The committee required separation of law practice from collection agencies, protection of client confidences, lawyer control of staff work, and personal review of collection documents; it barred…
Can a New Mexico lawyer send a direct-mail letter advertising services and fees to banks and other potential clients?
The opinion concluded that a lawyer could send a truthful, non-misleading direct-mail letter advertising services and fees to potential clients, following the federal ruling in L.M. v. Disciplinary…
Can a lawyer help an insolvent client pay some creditors over others, and must the lawyer disclose the client's past fraud or failure to file tax returns?
The opinion concluded that, outside bankruptcy, a lawyer could help an insolvent client negotiate payments to general creditors and could assist payments even if that reduced the chance of an…
Can a part-time municipal judge privately represent a city police officer indicted over an on-duty shooting, and also defend the city in the related civil suit?
The opinion concluded a lawyer serving as municipal judge may represent the police officer if indicted and may represent the city in any related civil suit, provided that in his judicial capacity he…
When a bank charges borrowers a documentation fee for work done by its salaried in-house lawyer, is the lawyer improperly sharing legal fees with a nonlawyer by letting the bank keep that fee?
The opinion concluded it was ethical for the salaried in-house lawyer to acquiesce in the bank's billing, because the fee did not exceed her salary (so the bank made no profit on her services), she…
Can a lawyer keep prepaid legal service enrollment materials available in the office, and can the lawyer's secretary enroll clients in the plan for a per-person commission?
The opinion concluded the lawyer could make prepaid legal service information available in the office under Rule 2-101(B)(15), provided he did not call undue attention to it, but that his secretary…
Can a lawyer be employed to run a legal clinic organized by a nonprofit corporation that has no lawyers on its board, and run a private practice on the same premises in exchange for the use of those premises?
The opinion concluded the employment came within Rule 2-103(D) if the clinic's users were beneficiaries of the nonprofit and the listed conditions were met, and the dual arrangement was not…
Can a district attorney release an information sheet to the news media about criminal cases, including the reasons cases were dismissed, without violating the trial-publicity rule?
The opinion concluded that an information sheet of public-record case data was acceptable under Rule 7-107, but that the reasons for dismissing criminal cases should not be included, because giving…
Can a lawyer pay a witness for time lost from work while being interviewed, and can a witness who has both firsthand knowledge and expertise be paid an expert fee?
The opinion concluded that under Rule 7-109(C) a lawyer could compensate lay and expert witnesses for expenses, including time lost from work to be interviewed, but could not pay a lay witness for…
Can a lawyer take a case against someone who once consulted the lawyer about a different matter but never retained them?
The committee concluded that a person who consults a lawyer about a matter is a client for confidentiality purposes even if no retention follows, so the lawyer may take a later matter adverse to…
Can a married deputy public defender and deputy district attorney work opposite sides of the same criminal case?
The committee concluded that a deputy public defender may represent an accused prosecuted by the deputy district attorney spouse only with disclosure of the marriage and written consent from the…
Is an administrative law judge a 'judge' for the ex parte communication rule, and can a lawyer contact the agency head?
The committee concluded that an administrative law judge is a 'judge' under former Rule 7-108(B), and that no lawyer should communicate ex parte with the agency head while the agency is deciding a…
Can a lawyer threaten or file an EEOC discrimination charge that is a prerequisite to suing the employer?
The committee concluded that former Rule 7-104 does not bar a lawyer from filing or threatening an EEOC charge, because where the charge is a required prerequisite to a civil suit it is intrinsic to…
Can a lawyer serve as the party-designated arbitrator for a client they already represent?
The committee concluded that a lawyer who already represents a client may serve as that client's party-designated arbitrator in a contractual partisan arbitration, but remains bound by attorney…
Can a lawyer let a client hire a medical-legal consulting firm on a contingent fee to supply expert testimony?
The committee concluded that a lawyer may work with such an arrangement only within strict limits: no contingent fee for a witness's testimony, no fee-splitting with a lay agency, no aiding the…
Can a lawyer talk privately to the trial judge while the case is on review in a higher court?
The committee concluded that a lawyer may not communicate ex parte with a trial judge on the merits of a contested matter that is on review and may return to that judge, because the matter is still…
Can a lawyer competently represent a client they cannot speak with directly in a shared language?
The committee concluded that a lawyer need not personally speak the client's language, but competence requires adequate communication, so the lawyer must use an interpreter, translator, or bilingual…
What must a criminal defense lawyer do with physical evidence of a crime the client hands over?
The committee concluded that a criminal defense lawyer who takes possession of physical evidence of a crime must turn it over to the prosecution after a reasonable time, but if merely told the…
Can lawyers who share office space but are not partners use 'law offices,' or a solo use 'and associates,' or call someone 'of counsel'?
The committee concluded that non-partners may not hold themselves out as partners by using 'law offices'; that it is inherently misleading for a sole practitioner with no associates to use 'and…
Can two solo lawyers who only contract with each other for overflow work hold themselves out on letterhead as an association of professional corporations?
No; the opinion concluded that lawyers who are not partners or a single professional corporation may not use a firm name or letterhead implying a partnership or unifying structure that does not exist.
Can a lawyer contact employees of an adverse corporation in litigation, and which employees are off limits?
The committee concluded a lawyer may communicate with employees of a corporation adverse to the lawyer's client if the lawyer first discloses the adversarial role and the employee is not one who…
Is a judge disqualified from cases involving an insurer whose local agent rents the judge’s building?
The Commission concluded that the judge would be disqualified from cases in which the insurer was a party or had an interest because the visible leasing arrangement could reasonably call…
Does joint property ownership with former law partners disqualify a judge when those lawyers appear?
The Commission concluded that mere joint ownership of the described apartments and timber land did not disqualify the judge from cases involving the former partners as counsel.
What city-related matters may the law firm of a lawyer who sits on the city council take on, and which are barred by the lawyer's public office?
The opinion concluded the answer turns on the type of matter. The firm may not defend criminal cases prosecuted by city police, sue the city, or represent municipal employees in grievances or…
Can one lawyer represent both an injured claimant and the health insurer that paid benefits and is subrogated to the claimant's recovery?
The opinion concluded a lawyer may represent both the insured and the subrogated insurer, but only with safeguards. Their interests are identical in establishing the tortfeasor's liability, so joint…
When a real estate closing check is routed through the seller's lawyer's trust account and that account turns out to be short, has the seller's lawyer committed an ethics violation, and did the buyer's lawyer?
The opinion concluded no ethical infraction was shown on the given facts, which did not reveal how or how quickly the seller was paid. The seller's lawyer had a duty to deliver the full purchase…
Can a New York lawyer put short-term or nominal client funds in a pooled interest-bearing account that funds legal services for the poor?
The opinion concluded that a lawyer may participate in the statutory IOLA program by depositing client funds that are nominal in amount or held for a short time, where the funds would not earn net…
Can a defendant's attorney offer a structured settlement without improperly participating in setting the plaintiff's attorney's contingency fee, and how should the plaintiff's attorney handle the fee when the settlement itself is structured?
Yes, a defendant's attorney offering structured settlement options does not improperly participate in setting the plaintiff's attorney's fee, because that fee is already fixed by the contingency…
Can a lawyer lend a matrimonial client money to bid on the marital home being sold under an equitable distribution decree?
The opinion concluded that a lawyer may not lend or guarantee a loan to a client to let the client bid on marital property being sold under an equitable distribution decree; such a loan is…
Can a part-time county juvenile court judge represent the county school board in a funding lawsuit against the county commission that funds the court and the judge's salary?
No. The opinion concluded the judge, acting as a lawyer, was prohibited from bringing an action against the county commission on behalf of the school board, because the commission funds both the…
May a judge hear a divorce and custody case after previously advising the husband about the family dispute?
The Commission concluded that the judge was disqualified because he had served as a lawyer in the matter in controversy; it said the disqualification could not be remitted.
Did the Judicial Inquiry Commission decide whether a judge’s secretary could receive two paychecks?
The Commission declined to address the secretary’s conduct because its advisory authority extends to the Alabama Canons of Judicial Ethics governing judges.
May a part-time municipal judge represent criminal defendants in other Alabama courts?
The Commission said the Canons did not prohibit representation in district, circuit, or appellate courts, even when municipal police testify, but excluded matters that had come or were likely to…
Does a judge’s former client being indirectly affected by a case require disqualification?
The Commission said the former client’s possible interest alone did not disqualify the judge under Canon 3C, while the judge could still recuse if the circumstances warranted it.
May a part-time municipal judge share an office, secretary, and telephone with the city’s part-time prosecutor?
The Commission prohibited that shared private-practice arrangement and concluded that it would disqualify the judge in cases prosecuted by the lawyer sharing the office.
Can a district attorney who is not running for reelection publicly endorse a candidate to succeed him?
The opinion concluded that a district attorney who is not a candidate for reelection may publicly endorse a successor candidate, as a limited exception to the rule against prosecutors' partisan…
May a sitting Maryland judge seek a state senate vacancy through a party central committee?
No. The Committee concluded that the judge could not ask the party central committee to consider the judge for the legislative vacancy before resigning from judicial office.
Can a criminal defense lawyer represent a defendant prosecuted by the city police when the lawyer's associate is the city attorney?
No. The opinion concluded that the appearance-of-impropriety and vicarious-disqualification rules barred the attorney from representing a criminal defendant prosecuted by the city police when the…
In a child abuse or neglect case, may the parents' lawyer arrange a medical or psychological exam of the children, who are represented by a court-appointed guardian ad litem, without the guardian's consent?
LEI 83-9 concluded that a lawyer representing parents in neglect or abuse proceedings may not directly or indirectly arrange a medical or psychological examination of the children without first…
Can a full-time state-employed attorney who also acts as a special assistant attorney general represent a private citizen's Crime Victims Reparation Act claim before the Court of Claims?
LEI 83-8 concluded that a state-employed attorney may represent a private citizen's Crime Victims Reparation Act claim before the Court of Claims, including in an adversarial hearing, because the…
May a nonprofit legal aid society pay the medical-examination expenses of indigent clients with disability benefit claims out of a charitable fund?
LEI 83-6 concluded that a legal aid society may advance medical-examination costs for indigent disability claimants if the money comes from an independent fund unrelated to the funds that pay the…
Could a Missouri lawyer face an additional misconduct charge for failing to cooperate with disciplinary investigators?
Yes. Failing to respond, appear, or produce requested documents was a separate ground for discipline as conduct prejudicial to justice and reflecting adversely on fitness to practice.
May a New Jersey firm list an out-of-state firm it merely exchanges referrals with on its letterhead as 'Of Counsel'?
No. The opinion concluded that listing a Pennsylvania firm (with which the New Jersey firm only exchanged referrals, not a partnership) on the letterhead, whether by firm name or by its individual…
If a lawyer acts in a private matrimonial mediation service for a couple, may the lawyer later represent one spouse in their divorce?
No. The opinion concluded that a lawyer who participates in a private matrimonial mediation service, by advising both spouses on equitable distribution or drafting their settlement, is thereafter…
Can an 18-B assigned lawyer represent the same indigent client in unrelated paying matters during or after the assignment?
The opinion concluded that an 18-B assigned lawyer may represent the former client for a fee on unrelated new matters after the assignment ends (first checking continued 18-B eligibility), but may…
Can a lawyer take a case to collect past-due alimony or child support on a contingent fee?
Yes. The opinion concludes a lawyer may collect past-due alimony or child support on a contingent fee, following Rule 1.5; the rule's bar on domestic-relations contingent fees applies to fees…
Can a law partner of the city prosecutor defend a criminal defendant if the prosecutor was never personally involved in the case?
No. Because the city prosecutor could not defend a criminal case brought by the municipality, Rule 1.10 imputes that disqualification to every lawyer in the prosecutor's firm, even after the case is…
Can a lawyer who defends the sheriff in a Section 1983 civil-rights suit also defend criminal cases in which the same deputies are prosecution witnesses?
It depends on the testimony. The opinion concluded that where the deputies' testimony in the two matters is disputed or conflicting so as to fetter the lawyer's judgment or loyalty, the lawyer may…
After a firm breaks up, can a former partner take a matter adverse to a client the other partner handled, when the matter is closely related?
The committee concluded that a former partner may not represent the decedent's family against a client whose related hit-and-run matter the other partner had handled, because partnership imputes the…
Can a bar association conduct a poll rating the qualifications of judicial candidates?
Yes. The opinion concluded that a bar association may conduct a judicial poll, because lawyers have a duty to improve the legal system and are uniquely positioned to evaluate judicial candidates,…
Can a lawyer contribute money to a judge's or judicial candidate's campaign for the Court of Justice?
Qualified yes. The opinion concluded that a lawyer may contribute to a judicial campaign, individually or through a committee, given the lawyer's duty to aid in selecting qualified judges and the…
Can a lawyer arrange medical expert testimony through an agency that charges a contingent fee for finding the experts?
No. The opinion concluded that a lawyer may not offer or recommend to a client a contingent-fee contract with a medical-expert search agency, because the arrangement is fraught with inherent…
Can a lawyer who witnessed a will's execution and signed an affidavit of no undue influence represent the primary beneficiary in defending the will's validity?
No. The opinion concluded that because the lawyer (and his secretary) ought to be called as witnesses on the testator's capacity and freedom from undue influence, Disciplinary Rule 5-101(B) barred…
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.