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's firm represent a public planning commission on which the lawyer serves as a voting member and committee chair?
The opinion concluded a conflict exists; a lawyer who is a voting member of a public regional planning commission, and his firm, may not also represent the commission as its attorney, and because a…
Can a lawyer who represents the executor or administrator of an estate also sign as surety on the personal representative's bond?
The opinion concluded it is improper; a lawyer representing the personal representative of an estate may not act as surety on that representative's bond, because the surety role guarantees the…
Can a lawyer represent a buyer or seller referred by the lawyer's spouse, who is the real estate broker in the same transaction?
The opinion concluded the spousal relationship is not a per se conflict; the lawyer may take the representation after fully disclosing the relationship and obtaining the client's consent, absent…
After a former presiding judge enters private practice, which matters from the bench is he disqualified from handling, and does that disqualify his firm?
The opinion concluded a former judge is disqualified from any matter in which he acted judicially on the merits, but not from matters he only assigned in an administrative capacity; he is also…
Can a law firm that jointly represented a trade association and its members later sue the association for some members over a matter from that same representation?
The opinion concluded not without a waiver from every affected client; a firm that jointly represented a trade association and individual members may not later sue the association on some members'…
Can a law firm based in a foreign country open a Texas office that gives advice only on that foreign country's law?
The Committee concluded that running a permanent Texas office to advise even solely on foreign law is the practice of law in Texas, so a foreign firm may do it only if everyone regularly providing…
Can a Texas firm's letterhead list a lawyer licensed only in another state, or show a lawyer's CPA credential, or note that a lawyer is licensed in Texas and one other state?
The Committee concluded that all three uses are permissible because they are not false or misleading under DR 2-101(A); a firm may list an out-of-state lawyer (making the jurisdictional limitations…
If a client demands that a Texas lawyer verify a pleading under Rule 93 that the lawyer knows contains false statements, must the lawyer comply?
The Committee concluded that the lawyer must not comply; knowingly verifying a pleading the lawyer knows to be false would, at a minimum, subject the lawyer to discipline under several Disciplinary…
Can a lawyer pay an investigator a fee to produce known witnesses and documents for a lawsuit?
The opinion concluded a lawyer may pay an investigator/consultant a sum to produce documents and witnesses already located, provided none of the money reaches the witnesses, the content of the…
Can a public agency hire a lawyer whose spouse works at a law firm that represents a business the agency regulates?
The opinion concluded that the Code did not bar a regulatory commission from hiring a lawyer whose spouse's firm represented a regulated utility, with qualifications, because the better rule…
Can a lawyer in a firm represent a client against someone the firm's other lawyer represented, when that person refuses to consent?
The opinion concluded that if the adverse party was still a current client of the firm when the new matter was first discussed, the lawyer had to decline because the firm owed an absolute duty of…
Can a combined New Mexico and Arizona law firm use a single combined firm name in New Mexico when some named partners are not licensed here?
The opinion concluded that a combined New Mexico and Arizona firm could use one combined firm name in New Mexico under DR 2-102(D), provided letterheads and other listings made clear the…
What must a New Mexico lawyer or legal services program do with client trust funds when the client can no longer be located?
The opinion concluded that the lawyer had to use a high degree of diligence to locate the client and, if that failed, dispose of the funds under New Mexico's Uniform Disposition of Unclaimed…
Can a lawyer admitted in another state announce to New Mexico lawyers that he is available to consult in a specialized field and associate with a New Mexico lawyer?
The opinion concluded that an out-of-state lawyer could announce his availability to consult in a particular branch of law under DR 2-105, and that the consulting arrangement did not violate the…
Can a New Mexico lawyer pay to join a private lawyer referral service that the State Bar has not approved?
The opinion concluded that a lawyer who participated in a privately owned referral service not approved by the State Bar of New Mexico violated Rule 2-103 of the New Mexico Code of Professional…
Can a lawyer mass-mail real estate brokers offering a fee discount to clients they refer?
The committee concluded that a lawyer should not mass-mail brokers offering discounted fees for referred clients, because it risks paying for referrals, uncontrolled advertising on the lawyer's…
What must a lawyer do when a client commits perjury during a civil bench trial?
The committee concluded that a lawyer may not disclose a client's testimonial perjury without consent, but must pursue remedial steps, move to withdraw if those fail, and if withdrawal is denied may…
Can a lawyer threaten to report the opposing party to a licensing agency to gain leverage in a civil case?
The committee concluded that former Rule 7-104 bars a lawyer from threatening administrative or disciplinary charges to gain a civil advantage, but allows the lawyer to help a client present such…
Can a California lawyer take a divorce case on a contingent fee?
The committee concluded that a contingent fee in a dissolution proceeding is not per se improper if it is not promotive of divorce and the fee is not unconscionable; recovering past due spousal or…
Does the ABA Model Code of Professional Responsibility bind California lawyers?
The committee concluded that the ABA Model Code of Professional Responsibility does not bind California lawyers; after the 1975 version of Rule 1-100 dropped any reference to it, the ABA Code has…
Can a California lawyer raise the client's fee to recover the percentage the lawyer must pay back to a lawyer referral service?
The committee concluded that, although a lawyer may participate in a qualified lawyer referral service and pay it a percentage of fees, the lawyer may not raise the fee charged to the client to…
How did the 1982 Commission treat cases involving a judge’s son-in-law or his law firm?
The original opinion required recusal for direct representation and the son-in-law’s firm colleagues, with case-specific remittal; Opinion 88-338 later changed the automatic firm-affiliation rule.
Must a judge recuse when an appearing lawyer also represents the judge in an unrelated matter?
The Commission required the judge to recuse from cases involving that lawyer because the judge’s impartiality might reasonably be questioned.
Under the 1982 opinion, did a judge violate the Canons by ordering that a person with a suspended license could drive?
The Commission said a judge who knowingly purported to authorize driving despite a formal suspension or revocation violated Canons 2A and 3A(l), relying on the cited Attorney General opinion and…
Can a lawyer sue a corporation for personal-injury damages when the lawyer's associate is that corporation's registered agent for service of process?
No. The opinion concluded that the associate's continuing role as the corporation's registered agent creates differing, substantially related interests between the associate and the suing attorney,…
Could a Tennessee lawyer name a firm 'X (City) Legal Clinic of Y. Z. (Attorney), P.C.'?
Yes, at the time. The opinion concluded that the firm name 'X (name of city) Legal Clinic of Y. Z. (name of Attorney), P.C.' was proper under DR 2-102(B) because it was not false, misleading, or an…
Can a lawyer defend a criminal defendant who was arrested because another of the lawyer's clients cooperated with the authorities?
No. The opinion holds the likelihood of a conflict is too great because the lawyer could be forced to attack the credibility of one client to defend another, so the representation is improper under…
Can a law firm partner also own and run a for-profit management-training company, and if so, what rules apply to it?
Yes, but the training business is law-related, so the partner and the entire firm must follow the Code of Professional Responsibility in operating it. The opinion held the partner may incorporate as…
Can a lawyer pay a non-expert witness for time spent preparing for trial, not just for attending or testifying?
The opinion concluded that a lawyer may pay a non-expert witness reasonable compensation for lost time, including time preparing for trial, so long as the payment is not contingent on the content of…
Should a judge who founded a juvenile detention facility personally accept donations to its building fund?
The Commission said it was desirable that the judge not accept donations, even without personal solicitation, because accepting them could indirectly use judicial prestige for fundraising.
Could a Colorado prosecutor condition dismissal or a plea concession on the defendant releasing civil claims against the government or police?
The opinion rejected coercive or blanket release-dismissal demands. It recognized a narrow case-specific exception only when related charges were well founded, no known serious civil-rights…
Can a law firm advance litigation costs that the client, including an indigent class, will never have to repay?
The committee concluded that it is improper for a private law firm to advance litigation costs and expenses where the client will not be ultimately liable for them, even in a class action with no…
May a circuit judge organize ticket sales and appear onstage at a political party dinner?
The Commission said coordination was difficult to reconcile with the Canons but possible if their high standards were met; appearing onstage and introducing the speaker was allowed under the same…
Does recusal continue after a former law partner leaves a jointly owned building and stops providing income to the judge?
The Commission said the judge would no longer be disqualified in cases involving that attorney once the attorney left the firm and building and the judge received no income from the attorney.
May a part-time active retired judge serve as a hearing officer for the State Personnel Board?
The Commission allowed the appointment because the quoted compliance provision exempted that judge from Canon 5G, but expressly did not address additional compensation.
Can a Kentucky lawyer send a paralegal or other nonlawyer to appear in court for a client without a supervising lawyer present?
No. The opinion concluded that no Kentucky court rule lets a nonlawyer appear in court representing a client, so a lawyer may not send a paralegal or other layperson to act in a courtroom on a…
Can a Kentucky lawyer threaten to file a bar complaint against opposing counsel over a perceived conflict of interest in a pending case?
No. The opinion concluded that threatening to report a disciplinary-rule violation, rather than simply reporting it, is a form of verbal abuse used for unfair advantage and is unethical.
Can a Kentucky lawyer take payment from a third party for legal work, or take a fee from a bank or business just for referring clients to it?
Third-party payment for legal services is permitted with full disclosure and the client's consent, so long as the lawyer's independent judgment is preserved. A fee for merely referring a client to a…
What are a Colorado lawyer's ethical duties when using paralegals and other nonlawyer assistants?
The opinion set out guidelines: a lawyer must ascertain an assistant's abilities, limitations, and training and limit the assistant's duties accordingly; train the assistant on the ethical standards…
Can a Tennessee lawyer give client information to an outside accountant or computer tax service hired to help prepare the client's tax return?
Only with the client's informed consent. The opinion concluded an attorney may use an accountant or computer tax service to prepare a client's return only if the attorney, recognizing the records…
Can a local bar association conduct a poll rating judicial candidates and let member attorneys vote anonymously, without violating Tennessee's signed-political-material statute?
Yes. The opinion concluded T.C.A. 2-19-120, which requires signed political circulars or advertisements, does not apply to anonymous individual votes in a bar poll; the statute targets anonymous…
What interest rate and time-price differential caps apply to a Tennessee lawyer's credit card and delinquent-account plans under the Board's guidelines?
The opinion amended two numeric caps set in Formal Ethics Opinion 82-F-28: the time-price differential on credit card plans could not exceed the rate specified in T.C.A. 47-11-104, and the maximum…
When a lawyer agrees to 'protect' a treating doctor's fees out of a personal-injury client's recovery, what are the lawyer's duties, and may the lawyer charge the doctor a collection fee?
LEI 82-5, a disciplinary ruling, concluded that a lawyer may withhold and pay a treating doctor's fees from a client's recovery if the client authorizes it, but the lawyer represents the client and…
Can a lawyer file a new, unrelated lawsuit against someone the lawyer is still representing in a pending collection matter?
No. The opinion concluded that where the lawyer's representation in an earlier matter is still ongoing, the lawyer may not bring a new unrelated action against that client, and even a terminated…
Can a law firm that used to defend a municipality's workers' compensation claims now represent claimants bringing comp claims against that municipality?
It depends on each claim. The opinion concluded the firm may not take a comp claim against the former-client municipality where the subject matter is substantially related to claims it defended and…
Can a law firm list a part-time branch office on its letterhead?
The opinion concluded that a firm may list a branch office staffed only part of the month on its letterhead only if it actually provides minimum services there, otherwise it must add a disclaimer…
Can a lawyer advertise as a specialist in the legal problems of the elderly and offer reduced or no fees to seniors?
No, as proposed. The opinion concluded the advertisement was misleading and improper because it promised reduced or no fees without stating any definite fee terms, creating unjustified expectations,…
When coverage is disputed, can the lawyer the insurer hired to defend the insured also bring the insurer's declaratory-judgment action against that same insured?
No. The opinion concluded the lawyer the carrier hires to file a protective defense pleading for the insured may not appear for the carrier against the insured in the coverage declaratory-judgment…
Does a lawyer who previously represented intervenors before the Public Utilities Commission have to be disqualified from serving as counsel to (or as) the Public Advocate in cases where those former clients are also intervenors?
The opinion concluded that Maine Bar Rule 3.7(i)(3) and (4), which bar a government lawyer from conducting a case 'against' a person he represents or has represented, did not disqualify Attorney A,…
If a bank's collection lawyer later does unrelated deed work for the very person the bank once asked him to collect from, can he take a new collection case against that person for the bank?
The opinion concluded that the lawyer's later deed work created an ongoing attorney-client relationship with the debtor, so the new collection suit was against a present client, not a former one.…
Can a law firm pay its non-lawyer secretaries quarterly bonuses out of firm profits, on top of salary, without that counting as improper fee-sharing with non-lawyers?
The opinion concluded that an incentive compensation plan paying lay employees a share of firm profits on top of a fixed salary does not constitute improper sharing of legal fees under Maine Bar…
May a judge allow a campaign ad to identify the judge as supporting a candidate for judicial office?
The Commission permitted use of the judge’s name and title in media support for judicial candidates, while reminding judges of Canons 1 and 2.
Is it ethical to run a program that refers less experienced lawyers to experienced lawyers for guidance on their clients' matters?
The committee concluded that a lawyer-to-lawyer program, in which less experienced attorneys are referred to attorneys experienced in particular areas to assure adequate legal service to the less…
Can a lawyer hold on to a client's documents as security for unpaid fees?
The committee concluded that an attorney may retain a client's warrants pending payment of fees for past services, but only if the retention does not prejudice the client and the client is not…
Can law firm partners who also own a real estate closing business locate that business in the same building as the law firm?
The Code does not categorically prohibit it, but the opinion concluded the separation between the two offices must be sincere and complete, with no shared stationery, cards, announcements, or names…
Can a lawyer who is probating an old will also testify to prove that the signatures on it are genuine?
Yes, on an uncontested issue. Rule 3.7(a)(1) lets a lawyer act as advocate while also testifying where the testimony relates to an uncontested matter, so the lawyer may prove the genuineness of the…
Can a lawyer appear on a TV news feature explaining bankruptcy law to the public?
Yes. The opinion concludes that participating in a news feature giving general legal information, without soliciting clients or claiming specialization, does not violate Rules 7.1, 7.2, or 7.3.
Can a lawyer tell the media the amount of a personal-injury settlement when that amount is not part of the public record?
No. The opinion concluded it is unethical for a lawyer to disclose to the media the details of a personal-injury settlement that are not a matter of public record, because doing so can reveal a…
Can a prosecutor or assistant prosecutor testify in a case that another lawyer in the same Commonwealth's attorney's office is prosecuting?
The committee concluded that a Commonwealth's attorney's office is subject to the same restrictions as a private law firm, so it would be improper for a Commonwealth's attorney or an assistant to…
When a lawyer's work gets a client's no-fault insurer to pay the client's hospital bill, can the lawyer charge the hospital a fee even though the hospital is not the lawyer's client?
Not for benefits the insurer paid voluntarily, since there is no lawyer-client relationship; but the lawyer may charge a reasonable fee for benefits won involuntarily after first giving the hospital…
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.