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 send unsolicited letters to businesses describing the services it offers, and where is the line between advertising and prohibited solicitation?
The committee concluded that, under former Rule 2-101, a firm may send unsolicited letters to potential business clients describing its services so long as the letter does not refer to the recipient…
Can a California lawyer charge interest on a client's past-due bill, and can the lawyer change the interest rate later?
The committee concluded that a lawyer may charge interest on past-due receivables if the client gives informed consent in advance, and that the rate may not later be changed unless the original fee…
Can a public defender represent a defendant when a witness against that defendant is a former client of the same public defender office?
The committee concluded that counsel, including a public defender, may not represent a defendant where a former client of the office is a witness against the new client and it is reasonably…
Can a lawyer advise a client about recording a conversation with someone who is not told it is being recorded?
The opinion concluded that a lawyer may counsel a client about recording a conversation without notice to the other party where one-party recording is lawful, distinguishing advising the client from…
If a New Jersey lawyer has been paid in full, can the lawyer refuse to hand over the client's original file?
No. A lawyer who has been paid all outstanding fees must promptly deliver the client's original file to the client; the client is entitled to its return.
Can New Jersey law partners be listed 'of counsel' on a sole practitioner's letterhead in another county, and the sole practitioner 'of counsel' to their firm?
Yes. Nothing in the rules precludes the cross 'of counsel' designations, assuming those listed are genuinely available to the firms' clients and any fee division does not offend the fee-sharing…
Can a New Jersey lawyer, including a retired judge, serve 'of counsel' to more than one law firm at the same time?
Yes. There is no legal or ethical prohibition against a lawyer being a member of, or acting 'of counsel' to, more than one firm, so long as the arrangement complies in every respect with the…
Did the 1979 opinion require disqualification when a judge’s lawyer son appeared as counsel?
Yes. The Commission required disqualification for an attorney of record related to the judge within the fourth degree, with written remittal under Canon 3D. Opinion 88-338 later modified earlier…
Can a New Jersey lawyer state on the letterhead that he is admitted to practice before particular federal courts, like the U.S. Tax Court?
Yes. The opinion saw no objection to a lawyer stating on the letterhead that he is admitted to practice before the U.S. Tax Court and the U.S. District Court for Puerto Rico, where he has met those…
Can a New Jersey city attorney sue a former member of the governing body, on the city's behalf, to recover money received under color of office?
Yes. A municipal attorney represents the entire municipality, so there is no impropriety in suing a former official to recover money allegedly due the city, even though the attorney was appointed…
May a lawyer communicate directly with employees of an adverse corporation in litigation without going through the corporation's counsel?
The committee concluded a lawyer may communicate with employees of an adverse corporation so long as the employee is not in a position to commit the corporation to a course of action, that is, is…
Must a New Jersey lawyer (including a municipal attorney) disclose a client's zoning or building-code violations discovered during a real estate sale?
No. Both the seller's and buyer's attorneys are barred from disclosing the violations learned in the representation, because no exception to the confidentiality rule applies; but the seller's…
Can a city prosecutor privately represent a person to restore rights that person lost as a result of the prosecutor's own prosecution?
No. The opinion holds a city prosecutor cannot take private employment to reinstate driving privileges the client lost through the prosecutor's own prosecutorial work, under Rules 1.11 and 1.7.
Can a New Jersey lawyer who serves on a municipal charter study commission also represent private clients before that municipality's boards?
Yes. A municipal charter study commission is an elected, autonomous body that is not part of the municipal 'official family,' so a commissioner-lawyer may appear for property owners opposing a…
Can two New Jersey lawyers form a partnership while one serves as mayor and the other as borough attorney in the same municipality?
No. A statute bars a sitting governing-body member from such an appointment, and because the mayor would share partnership income that includes the municipal attorney's fees, the arrangement creates…
May an attorney for an estate purchase an asset of that estate?
The committee concluded an attorney acting for an estate may purchase an estate asset if there is full and complete disclosure to all interested parties and all of them consent. Decided under…
Can a lawyer hired by a bank to examine a title certify responsibility to both the bank and the borrower paying for the examination?
Yes. Because the bank's and the customer's interests in a title examination are in unison rather than adverse, the committee found no conflict that would bar the lawyer from certifying…
Can a Kentucky lawyer form a 'partnership' with an out-of-state firm just to handle forwarded collection accounts and pay it a fixed cut of collections?
No. The committee found the arrangement a partnership in form only: the lawyers were not real partners, so holding out as such violated the firm-name rule, and the fixed fee split was an improper…
Can a law firm employ an accountant to provide accounting services to the firm and to its clients?
The opinion concluded a law firm may employ an accountant on salary (not as a partner and without fee splitting) to advise and assist its attorneys and to provide accounting services arising from…
Could a Minnesota lawyer assert a retaining lien on a client's files?
No, under this now-repealed opinion: it was professional misconduct to assert a retaining lien on a client's files and papers, and the prohibition reached all retaining liens, whether statutory,…
If a prosecutor or an assistant DA is likely to be a witness in a case, must the whole District Attorney's office step aside from prosecuting it?
The opinion concluded yes. Under Maine Court Rule 3.5(b)(1), the entire District Attorney's office should be recused for trial when either the District Attorney or any of his assistants is likely to…
Can a lawyer who served as guardian ad litem in a conservatorship proceeding then be hired as counsel to the conservator?
The opinion concluded that a lawyer who served as guardian ad litem in a conservatorship proceeding may not, shortly afterward, accept employment as counsel to the conservator, because the prospect…
Can a lawyer who is also a marriage and family counselor use the title 'doctor,' combine the two practices on one letterhead, and coin a new name like 'juropsychotherapist'?
The opinion concluded that the attorney may not call himself 'doctor' on the basis of a J.D. or a master's in counseling, because 32 M.R.S.A. section 3270 controls the title and a lay person would…
Can a lawyer keep handling a case against a town after his law partner becomes the town's counsel, and is he required to stay in the case if he can?
The opinion concluded that the lawyer was in 'multiple employment' under Rule 3.4(c) because his partner now represented the town on an ongoing basis. He could continue the appeal only if, under…
When two lawyers on opposite sides of a matter are spouses, partners, siblings, or other relatives, what must they and their firms do about the conflict?
The opinion concluded that Rule 3.4(a) requires disclosure to both clients in every such situation whenever the two lawyers have one of the listed relationships. Whether written consent is also…
Can a lawyer's firm sue a former client in a matter that may overlap with the firm's earlier representation of that client?
The opinion concluded that the Commission could not resolve, in an advisory opinion, the disputed factual question of whether the new suit shared subject matter with the firm's earlier…
Can a court-appointed criminal defense lawyer decide on his own to stop post-conviction proceedings he thinks are against the client's interest, or does the client decide?
LEI 79-16 concluded the lawyer does not get to elect whether to continue; the client decides whether to pursue setting aside the plea. If the client insists after being fully advised of the…
Can a West Virginia lawyer keep representing a criminal defendant when partners in the firm previously did civil work for the corporation that is the alleged victim?
LEI 79-13 concluded there would be no conflict of interest so long as the lawyer fully informs the client that his partners had previously represented the alleged-victim corporation and the client…
Can a New Jersey lawyer practice under a trade name like 'The Budget Barrister' or 'The Legal Clinic of John Doe, Esq.'?
A professional corporation's name must contain only the shareholders' names, so the proposed trade names fail; for a non-corporate practice, 'The Legal Clinic of John Doe, Esq.' is permissible but…
If a lawyer sits on a city council or county commission, are the lawyer's partners and associates disqualified from cases in which a police officer of that government unit will testify?
The opinion concluded that the partners and associates are not automatically disqualified when the governing board is not directly involved in hiring, firing, or setting salaries of the police…
Can a Florida attorney practicing as a professional association be a partner, through the corporation, in a partnership of attorneys?
The opinion concluded that an attorney practicing as a professional association may participate, in the form of his corporation, as a partner in a partnership of attorneys, as long as the…
Can a part-time city attorney with prosecutorial duties stay in the role when his law partner becomes chair of a local political committee?
The opinion concluded that a part-time city attorney with prosecutorial duties may not continue in that role once his law partner becomes chairman of a local political committee, because the…
May a Maryland judge serve as county director or acting director of civil defense and disaster preparedness?
No. The Committee concluded that the director’s delegated emergency powers made the position a governmental office barred by then-cited Ethics Rule 3.
May a Maryland judge serve on a county alcoholism advisory council and lecture at clinics attended by court probationers?
The Committee allowed advisory-council service but found that clinic lectures could appear to impair objectivity when the same probationers later returned to court.
Can a lawyer or the lawyer's investigator take documents from the trash discarded by opposing counsel's office?
The opinion concluded that it is improper for an attorney or the attorney's agent to remove discarded trash containing documents (such as pleadings and correspondence) from the receptacle used by…
Did the judge’s adult son and daughter-in-law working as substitute juvenile-home parents automatically violate the Canons?
No. The Commission found no per se Canon violation, but said recusal might be required if either family member became a material witness or party in a juvenile case before the judge.
If a New Jersey lawyer is married to an assistant prosecutor, can the lawyers in that spouse's firm still handle criminal defense in the same county?
Yes, with safeguards. The disqualification of the prosecutor's attorney-spouse is not imputed to the firm, so the other lawyers may practice criminal law in the county if the spouse does no criminal…
What letterhead and office-sharing arrangements may a New Jersey lawyer use: an accountant's name on a shared door, a sign at a realtor's office, an out-of-state bar admission, or an out-of-state P.O.-box 'branch'?
An accountant's name may share a door if it creates no appearance of partnership, and an out-of-state bar admission may be noted if not deceptive; but a lawyer's sign at a realtor's premises risks…
When a New Jersey lawyer applies for a casino license, can the lawyer let regulators examine the law firm's books and client accounts?
No, not without client consent. The lawyer and firm must refuse to disclose records containing privileged information or clients' confidences and secrets unless a confidentiality exception applies;…
Can a Michigan lawyer advertise legal services by direct mail without it being improper solicitation?
The opinion concluded that a lawyer may advertise legal services by mail, and that such advertising is not impermissible solicitation as long as it is general in nature and is not directed to or…
Did a court reporter’s family relationship with a party automatically disqualify the judge?
No. The Commission said the reporter’s relationship alone did not necessarily disqualify the judge, although circumstances could raise a reasonable question about impartiality under Canon 3C(l).
Did a spouse’s law partner appearing for a party automatically disqualify the judge?
No automatic answer was given. The Commission said firm affiliation alone did not disqualify the judge, but particular impartiality or financial-interest circumstances might require recusal.
What should a lawyer do with a soon-to-expire redeemable airline ticket belonging to a client who has been involuntarily committed to a mental institution?
The committee concluded the attorney should redeem the expiring ticket, deposit the proceeds in a trust account, and promptly advise the court of the funds. Decided under Virginia's former Code.
Can a lawyer also work as an insurance salesman, sell insurance to his legal clients, and prepare wills for his insurance customers?
The opinion concluded that a lawyer may both practice law and sell insurance, but may not sell life insurance to a client for whom he is preparing a will, trust, or estate plan, and may prepare…
Can the law partner of a New Jersey municipal attorney serve as a citizen member of the same municipality's planning board?
No. The governing body the municipal attorney advises reviews the planning board's work, so the interplay is too active; even as a lay board member the partner creates an appearance of conflict, and…
Could a judge receive a salary as president of a family-controlled bank run on site by its chief executive?
The Commission found no Canon violation on the stated facts, while calling attention to Canon 5C(1) and (3) on financial dealings and avoiding disqualifying cases.
If a lawyer represents two co-executors who fall out, can the lawyer take one executor's side against the other?
The opinion concluded that a lawyer who represents two co-executors may not bring a proceeding to compel an accounting or otherwise represent one executor against the other; the lawyer should press…
How long must a former New Jersey board of adjustment attorney wait before representing private clients before that board on new matters?
There is no fixed period. A former public attorney should normally let some reasonable time pass before appearing before his former governmental employer, but the Committee cannot prescribe a set…
If a New Jersey lawyer defends municipalities and police through a liability insurer, can the lawyer also represent private clients before that town's boards and municipal court?
Yes, in unrelated matters. Because the lawyer is chosen by the insurer and is not the appointed municipal attorney, the public is unlikely to associate him with the municipal government, so…
Can a prosecutor get sworn statements from jurors about how they felt on the defendant's penalty, to use at sentencing?
No. The committee concluded a prosecutor may not obtain juror affidavits probing the jury's feelings about the penalty for use at sentencing, because the bench and bar must protect jurors' freedom…
Can a law firm operate a 'legal clinic' under a geographic trade name that does not include any firm member's name?
No. A trade name like 'The Louisville Law Clinic' is barred as a misleading trade name that does not consist of the names of lawyers in the firm, and the geographic label could falsely suggest a…
What did the Commission require when a judge’s daughter clerked for a board whose appeals were on the judge’s docket?
It found no impropriety in the employment itself, but required disclosure in the record and disqualification in those appeals unless the parties and lawyers agreed in writing under Canon 3D that the…
May a Maryland judge serve on the board of a university foundation that holds and spends donated funds?
Yes. The Committee found no impediment to serving as trustee of the described charitable foundation, which did not solicit funds, and said the judge should decline related legal counseling.
Can a city's police legal advisor move into the city corporation counsel's office without creating a conflict of interest with the police officers he previously advised?
The opinion concluded yes. The Commission found the police legal advisor's client had always been the city itself, not the individual officers, so the transfer into the corporation counsel's office…
May a Maryland judge serve as treasurer of a bar association?
Yes. The Committee permitted the described bar association treasurer role, which involved no solicitation of dues or funds and did not interfere with judicial duties.
Can a New Jersey municipal prosecutor (or another lawyer in the city law department) prosecute city employees, including police, at departmental disciplinary hearings and appeals?
No. Because the public sees the municipal prosecutor and city employees as on the same team, the appearance of conflict bars the prosecutor, and every other member of the municipal law department,…
Can a lawyer charge interest on the unpaid portion of a client's legal bill?
The opinion concluded that no provision of the Code of Professional Responsibility prohibits an attorney from charging interest on unpaid billings, noting a liberalizing trend in ABA opinions; if…
When a firm's associate leaves to start a practice and keeps a former firm client, may the firm withhold that client's files to collect an unpaid fee?
The committee concluded it is improper for the firm to withhold the client's files in an attempt to collect a past fee. Decided under Virginia's former Code.
Could a part-time municipal judge represent someone arrested by city police when the matter was tried in circuit court?
Yes, on the stated facts. The Commission said the Canons did not prohibit the representation because the client’s case had never been before the municipal court.
Can a lawyer let an insurance agent solicit will clients, gather their information, and send it in for the lawyer to draft the will?
No. The opinion holds it is improper for a lawyer to use a lay intermediary to solicit will clients and supply the facts; the lawyer must investigate competently himself and may not let a non-lawyer…
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.