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 defend criminal cases in a county where a partner serves as a part-time Special Assistant State's Attorney handling only civil matters?
The opinion concluded a firm partner may defend a criminal case in the county even though another partner is a Special Assistant State's Attorney for civil matters only, provided that partner has no…
Can a lawyer advise a client on the consequences of breaching a contract and prepare documents to carry out the breach?
The opinion concluded a lawyer may advise a client on the consequences of a non-criminal breach and prepare documents implementing the client's informed decision to breach, but may not help a client…
Can a lawyer send letters to non-clients offering to conduct seminars on legal issues currently affecting them?
The opinion concluded it is not improper for a lawyer to write non-clients offering to conduct seminars on legal subjects of current concern, because the letters do not recommend or solicit…
Can an incoming partner pay the existing partners more than the firm's physical assets are worth, and then share in fees the firm collects after admission for work done before it?
The opinion concluded that admitting a new partner who pays more than the fair market value of the firm's physical assets is not a prohibited sale of a law practice, and the new partner may share in…
Can a lawyer oppose another lawyer's client when that other lawyer is the first lawyer's own client or former client?
The opinion concluded that representing a client against a client of Lawyer B is permissible, and needs no consent, where Lawyer A only previously represented Lawyer B in a concluded matter; but if…
Can a lawyer collect a contingent fee that exceeds the attorney's fees the court awarded, up to the agreed one-third of the recovery?
The opinion concluded that, absent a statutory cap, a contingent-fee agreement may yield a fee larger than the court's fee award; but if the court awards more than the contract amount, the lawyer is…
Can a lawyer represent a contract purchaser seeking to amend a contract that the lawyer's firm drafted years earlier for the seller, who was then a firm client?
The opinion concluded the lawyer is vicariously disqualified, even though he joined the firm after the prior representation, unless he rebuts the presumption that firm members share a former…
Can a Texas lawyer or law firm let its name appear on the business card of a legal assistant or paralegal it employs?
The Committee concluded that a legal assistant may carry a business card showing the firm name as long as the legal assistant's status is clearly disclosed, the card identifies who employs the…
When can a lawyer who is not a partner or associate be listed as 'Of Counsel' on a Texas firm's letterhead?
The Committee concluded that 'Of Counsel' must denote a regular, continuing, and substantial relationship between the firm and the lawyer; mere availability for consultation or prior, sporadic…
Can a Texas attorney serve a commercial collection agency where the agency's lay staff start the collection process before the lawyer gets involved?
The Committee concluded that the arrangement is improper because it removes the direct attorney-client relationship the lawyer needs to acquire knowledge and exercise judgment, increases the…
Can an out-of-state law partnership run a Texas office under the same firm name, and what conditions apply?
The Committee concluded that an out-of-state partnership may operate a Texas office under the same firm name if it keeps a resident Texas-licensed partner and a resident agent for service of…
Can an insurance company's salaried house counsel defend the company's insureds in court the way outside counsel would?
The opinion concluded there is no ethical impropriety in salaried house counsel for an insurer rendering in-court defense of the carrier's insureds to the same extent as independent counsel,…
What are a legal services lawyer's ethical duties to existing clients if the program's funding is cut or terminated?
The committee concluded that legal services lawyers and their programs may not abandon existing clients merely because funding is reduced or cut off; they may withdraw only as former Rule 2-111…
Can the law firm of a city council member sue the city for tort plaintiffs if the city council consents?
The committee concluded that the law firm of a city council member may not represent tort plaintiffs in actions against the city even with the council's informed consent, because such a suit creates…
Can a lawyer take a promissory note or a security interest from a client to secure payment of fees?
The committee concluded that a lawyer may take a promissory note or a lien or other security interest to protect fees for services, but only in strict compliance with former Rule 5-101, which…
Can a lawyer solicit business directly from another lawyer, including in-house counsel, to win that company as a client?
The committee concluded that former Rule 2-101 did not prohibit a lawyer from recommending his or her own employment to another lawyer, including a lawyer who is in-house counsel to a business, even…
Can a lawyer join a barter service exchange that takes a percentage of the lawyer's fees?
The committee concluded that a lawyer may not participate in a service exchange that takes a percentage of the legal fees earned, because paying the exchange a cash fee equal to a percentage of the…
Must a public defender withdraw from representing two clients when one becomes an informant against the other in a separate case?
The committee concluded that once counsel learns one client is trying to become, or has become, an undercover informant against another client, a conflict exists and counsel must withdraw from…
Can a lawyer disclose a damaging expert report to third parties at risk if the client instructs the lawyer not to disclose it?
The committee concluded that, where the client instructed the lawyers not to disclose an engineer's report warning that a structure might fail in an earthquake, the lawyers could not disclose it to…
Can a lawyer take a case against people who were clients of the lawyer's former firm, when the lawyer never worked on their matter or learned their confidences?
The committee concluded that a lawyer may represent a client against people who were clients of a former associate where the lawyer obtained no confidence or secret about them and did no work on…
Can a California lawyer put a binding fee-arbitration clause in a retainer agreement that the client signs before any fee dispute exists?
The committee concluded that a lawyer may not condition employment on a client's advance agreement to binding fee arbitration; a binding waiver of the right to a trial de novo may be made only after…
Can a lawyer guarantee or indemnify a client's litigation cost bond, and does the size of the bond change the analysis?
The committee concluded that a lawyer is not ethically barred from guaranteeing a client's obligation to a surety on a litigation bond, treating it like advancing litigation costs, but that for a…
Can a law firm that is itself the plaintiff solicit contributions for its fees and expenses from others interested in the outcome?
The opinion concluded that a law firm suing on its own behalf may not solicit contributions for its fees and expenses from others interested in the issue; soliciting contributions is tolerated only…
Can a municipality include its township attorney's fees in the condemnation costs it requires a developer to reimburse, without creating a conflict of interest?
Yes, on these facts. The opinion concluded that where the township attorney represents only the municipality and his services are not subject to the developer's approval, including his fees in the…
Must a judge who receives a county salary supplement recuse from every case involving the county?
No. The Commission said receipt alone did not disqualify the judge, though recusal could arise when the supplement was directly related to the case or substantially affected by its outcome.
What did the Commission originally say about recusal when a judge’s daughter or a member of her firm represented a party?
Opinion 80-96 said Canon 3C required disqualification in those circumstances. The Commission later listed it among earlier opinions overruled or modified to the extent inconsistent with Opinion 88-338.
May a judge sign a public statement supporting a partisan ticket that includes nonjudicial candidates?
The Commission said the proposed statement was not specifically prohibited by the Canons, but it called the conduct undesirable and said a judge should refrain from lending a name to support…
Did the 1980 opinion allow a judge to assess costs after dismissing a criminal case?
Opinion 80-94 said Canon 2A required a judge to follow Alabama law on costs but declined to decide that legal issue. The Commission withdrew the opinion in 1989 after identifying a statutory change.
May a Maryland judge serve on a county steering committee for an equestrian center?
Yes. The Committee found no violation in advisory service on the described temporary steering committee; it referred the separate fundraising issue to its opinion on church vestry service.
Can a lawyer whose office is in a bank building have his name and 'attorney-at-law' designation placed on the bank's outside sign?
The opinion concluded that a lawyer with offices in a bank building may have his name, attorney designation, and suite number on the bank's outside sign near the street, subject to the new…
Can a Florida lawyer buy a yellow page listing in a local telephone directory not published by the telephone company?
The opinion concluded that, under the new advertising rules, a lawyer may purchase a yellow page listing in a local telephone directory not prepared by the local telephone company, reversing the…
May a Maryland judge serve on a church vestry and hear cases involving a former law partner?
The Committee allowed internal church fundraising decisions without solicitation and found no recusal required for the former partner on the stated facts of a nearly valueless shared investment.
Can the same lawyer serve at once as a part-time assistant district attorney and a probation officer in the same county?
The opinion concluded that no, the prosecutor's role is fundamentally incompatible with the probation officer's role, so one lawyer may not hold both positions in the same jurisdiction;…
Could a Maryland judge invest in the described municipal-bond fund and hear cases involving its bond obligors?
The Committee permitted investment only if no real bond obligor frequently litigated in the judge’s court, and required recusal when the judge had a significant financial interest in a litigating obligor.
May a judge be paid to manage investments for a medical professional association?
The Commission said the judge could manage the association’s investments if the work complied with all of Canon 5C, while warning that later facts could create a conflict it could not predict.
May a judge give a cocktail lounge owner a photograph of the judge for public display at the business?
No. The Commission said the judge should not provide the photograph for public display on the business premises under Canon 2.
If someone confesses a crime while trying in good faith to hire a lawyer who already represents an adverse client, what must the lawyer do?
The opinion concluded that the lawyer may not disclose or use the would-be client's confession, must decline that person's retainer, and must withdraw from representing the existing client on that…
If a lawyer learns that a former client may have committed perjury in an ongoing civil case, must the lawyer report it, and what should the client's current lawyer do?
The committee concluded that a lawyer who learns a former client may have committed perjury in a continuing case need not call on the client to rectify it and may not disclose it to the client's…
May a defense attorney practice criminal law in a jurisdiction where the attorney's spouse is an Assistant Commonwealth's Attorney?
The committee concluded it is ethically permissible, with full disclosure and the client's consent under Canon 5, for an attorney to practice criminal law where the spouse is an Assistant…
When may a real estate settlement attorney disburse from the trust account against the buyer's and lender's checks deposited at closing?
The committee concluded a settlement attorney may disburse against funds received in the forms prescribed by Virginia's Wet Settlement Act, but disbursing against a check not in those forms before…
Could a Maryland judge remain co-trustee of an uncle’s testamentary trust administered by the judge’s court?
Yes. The Committee concluded that the judge could remain trustee because the statute permitted it and the described nonadversary, nearly completed trust would not interfere with judicial duties.
May a Maryland judge remain co-trustee of trusts holding stock in companies that may appear before the judge?
The Committee allowed the described trusteeship but required recusal when a trust litigated or held a significant interest in a litigating business, regardless of counsel’s consent.
Can a Tennessee lawyer act as an agent for a title insurance company and be paid for it while also representing clients whose title the company insures?
Yes, with disclosure and consent. Adopting ABA Formal Opinion 331, the Board concluded it is not a per se violation of the Code for an attorney to act as agent for a title company and receive…
Can a Maine lawyer mail a letter to an accident victim's relative soliciting the victim's personal injury case?
The opinion concluded that such a letter is treated as an indirect solicitation of the accident victim, even though addressed to a relative, and is not a per se violation; the letter here was…
If a lawyer advertises a flat fee for an uncontested divorce, when can the lawyer depart from that fee without the ad being misleading?
The opinion concluded that an advertised flat fee for an uncontested divorce must be honored for any divorce the court hears as an uncontested matter, no matter how much negotiation it took to get…
Can two lawyers who keep separate practices but share some cases hold themselves out to the public as 'Law Associates' on a joint letterhead?
The opinion concluded that using 'Law Associates' on a joint letterhead for this arrangement would be misleading and violate Rule 3.9(b). The two attorneys kept separate practices in separate towns…
When a partner leaves a law firm to become a public official, can the firm keep using his name in the firm name if his name is dropped from the letterhead?
The opinion concluded no. Continuing to use the firm name A, B & C while Lawyer A serves as a public official and is no longer a member would be misleading under Rule 3.9, because it implies A is…
Did Opinion 80-91 require recusal and bar appointment when a judge or spouse was related to an attorney within the fourth degree?
Yes. The Commission answered all three questions affirmatively: cases involving a related defense or prosecution attorney and appointment of a related lawyer for indigent defense.
Can a lawyer join a barter system that assigns members a trade broker, requires referral by that broker before services are rendered, and charges a 10% fee on every transaction?
No. The opinion concluded that a barter system requiring approval of every trade by the system office, assigning each member a trade broker, permitting services only after referral by that broker,…
Can a lawyer donate legal services to a charity to be auctioned off to the highest bidder as a fundraiser?
The opinion concluded that a lawyer may not donate legal services to be auctioned by a charity, because the lawyer cannot exercise independent judgment about accepting the winning bidder as a client…
Must a lawyer pay a client's medical creditors out of a recovery, and may a lawyer make a Rule 68 offer of judgment knowing there are no funds to pay it?
The opinion concluded that, absent any commitment or misrepresentation by the lawyer, an attorney who remits recovery funds to the client without paying possible medical liens violates no rule,…
Can a plaintiff's attorney accept a defense settlement offer that is structured so the opposing insurance carrier effectively fixes what the attorney's fee will be?
No, as originally decided. The opinion concluded that where a defendant's insurance carrier offered settlement packages that fixed the attorney's cash fee at a flat amount regardless of how the…
Could a Maryland appellate judge seeking retention engage in political activities connected to that election?
Yes. The Committee applied the then-cited Canon XXVII election exception to an appellate judge seeking continuation in office and approved the types of activity asked about.
Did a son’s employment in the district attorney’s office automatically disqualify a judge from all criminal cases?
No. The Commission said the judge was not automatically disqualified from criminal cases in which the son, an assistant district attorney, did not participate.
Could a judge try a criminal case when the judge’s son acted as assistant district attorney?
No. The Commission said the judge could not preside in a criminal case in which the judge’s son acted as assistant district attorney.
Could a judge try a criminal case when the judge’s brother or the brother’s partner represented the defendant?
The 1980 opinion said no. It treated both the brother and the brother’s partner as disqualifying; Opinion 88-338 later overruled or modified 80-88 to the extent of conflict.
Can lawyers paid to run a college legal clinic cooperate with it as a qualified legal-services organization, and represent the students who use it?
The opinion concluded the clinic could qualify only under the registered-organization rule, which requires the organization (the college) to file the plan with the Supreme Court, after which a…
Can two lawyers who are both part-time assistant municipal attorneys for the same town represent opposing spouses in a divorce?
Yes. The opinion concluded that two attorneys both serving part-time for the same municipality may represent opposing parties in a divorce, because their shared public employment does not create a…
Can a lawyer advertise routine-service fees together with a discount for members of any identifiable group of at least 100 people?
No. The opinion concluded the advertisement was improper because it was designed to encourage people to form a group to obtain a fee reduction, circumventing the rule that controls cooperation with…
Did the 1980 Canons and statute allow a retired Alabama district judge to practice law?
The Commission said the Canons did not prohibit the practice, but cited then-effective Alabama Code § 12-18-62 as prohibiting a district judge in the retirement fund from practicing law. Opinion…
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.