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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When a client fires a lawyer mid-case, must the old lawyer hand over the file, and can a new lawyer take over before the old lawyer is paid?
Yes. The opinion holds that once discharged, a lawyer must surrender the client's file and withdraw, and a new lawyer may take the case; the discharged lawyer keeps a quantum meruit claim for…
Can a lawyer keep using the old partnership name after the partnership dissolves and the partners practice separately?
The opinion concluded that a lawyer may not continue using a former partnership name (here 'A and B') on signage, stationery, the bank account, and phone greeting after the partnership dissolves and…
Can a New Jersey firm keep suing a county for compensation claimants when a county freeholder, a former associate, rents space and shares its entrance and waiting room?
No. By sharing a common entrance and waiting room (and continuing to do work for the firm), the freeholder becomes an 'office associate,' so the firm's continued suits against the county create a…
Can a lawyer who serves as estate attorney or executor buy property from the estate, and can a lawyer take a property interest as a fee instead of cash?
No to buying estate property (absent the will's authorization and steps to protect beneficiaries), because of the conflict and appearance of self-dealing. Yes, qualified, to taking a property…
Can a lawyer charge interest and service fees on litigation advances and unpaid bills, co-sign a client's litigation loan, and deduct phone, postage, and copying costs from a contingent fee?
Yes to each, with conditions. With disclosure and consent a lawyer may charge interest and service fees on advances and on delinquent fees, may co-sign a client's litigation note if not without…
Can a part-time assistant county attorney defend someone in a civil action to collect delinquent child-support payments?
No. Because the county attorney has a potential public duty adverse to a nonsupport defendant (criminal prosecution and URESA enforcement of support), representing the defendant would impair the…
Can a lawyer who once represented a judge appear before that judge in later, unrelated cases?
The opinion concluded that a lawyer who represented a judge, and the lawyer's partners and associates, should not appear before that judge; the cleaner solution in most cases is for the judge to…
When one attorney buys another's law practice, may the buyer purchase the client files and pending cases as accounts receivable and keep the seller's name on the letterhead?
The committee concluded the selling attorney should notify all current clients of the practice's termination and let them choose new counsel, and that it is improper for the buyer to purchase client…
Can a deputy town supervisor represent private clients in tax or other litigation against the town?
The opinion concluded that a deputy town supervisor may not represent private clients in tax certiorari or other litigation against the town, because his role gives him influence over the town's…
When a foreclosure that started uncontested becomes contested at the hearing, what must the lawyer-trustee do, and can his firm or staff take a side?
The opinion concluded that the lawyer-trustee must act as a neutral fiduciary for both parties; while he is trustee no member of his firm may represent the petitioning party, and a lawyer whose firm…
Can a professional corporation be a partner in a law firm?
The opinion concluded that, where state law permits it, a professional corporation may be a partner in a law firm, so long as the corporation's status and participation are clearly noted on…
Can a legal-aid employee refer clients it cannot serve to individual local lawyers instead of to the bar's statewide referral service?
The opinion concluded that no Disciplinary Rule is necessarily violated when employees of Alaska Legal Services refer ineligible clients and fee-generating cases to individual local lawyers rather…
Can a New York law firm organize and promote a legal seminar for nonlawyers by direct mail?
The opinion concluded that, absent a judicial holding to the contrary, a law firm may organize and promote a legal seminar designed for nonlawyers by direct mail; after Bates the old sponsorship…
Can a New York lawyer mail an advertisement to corporate executives he has no relationship with, and what may it say?
The opinion concluded that an advertisement meeting DR 2-101 may be mailed to strangers absent a court ruling that it violates Judiciary Law section 479; it may name practice areas and a public…
May a Maryland judge act as personal representative of an estate administered outside Maryland?
Yes, under the opinion’s stated facts. The Committee found no Maryland ethics or statutory bar, while leaving the judge to verify the law where the estate would be administered.
When a client asks for their file after the representation ends, what must the lawyer hand over, and who pays the copying cost?
Where no fee is in dispute, the committee concluded the lawyer must return everything the client supplied and the materials the client paid for that benefit the client, but not work created for the…
If a West Virginia lawyer becomes a part-time municipal judge, can the other lawyers in his firm still practice criminal law in circuit court and elsewhere?
LEI 79-3 concluded the municipal judge himself may not try criminal cases in any court, represent civil litigants against the city, or represent a person tried in municipal court in related civil…
May news media photograph and televise a Maryland court’s ceremony inducting new judges?
Yes. The Committee concluded that the induction ceremony was not a judicial proceeding and fell outside the then-cited Rule 11 restriction on courtroom photography and broadcasting.
When a New Jersey lawyer realizes he ought to be a witness, must he withdraw from the case right away, or can he continue through discovery?
He need not withdraw immediately in every case. The rule speaks of withdrawal from the conduct of the trial, so a lawyer who learns he ought to be a witness may handle the matter through discovery,…
When a New Jersey lawyer leaves a professional corporation, can the firm and the departing lawyer split fees by fixed percentages on the pending and future files?
For files that originated while the lawyer was a member, a separation-agreement percentage split is permitted; but for entirely new files that come to him only after he leaves, the rule against…
Can a firm take a workers' compensation case against a law firm where one of the firm's current partners used to be an associate?
The opinion held that, assuming no dispute and no reasonable possibility of a dispute over whether the accident was compensable (so the former associate would not be a witness), employment of the…
Can a New Jersey lawyer appear in a municipal court where his or her spouse is the court clerk or deputy court clerk?
No. Because a municipal court clerk performs important non-ministerial functions and influences the court, the opinion held that the appearance of impropriety bars an attorney from appearing in a…
What can a part-time lawyer trial commissioner, and his law partners, do in private and government practice?
A trial commissioner may practice before the appointing judge but not in matters he acted on; his partners may not appear before him; he may not also be an assistant prosecutor (nor may his…
Can a lawyer suing a corporation or government entity contact its employees directly without the entity's lawyer's consent?
It depends on the employee. The lawyer may not contact officers, directors, or any management employee with access to privileged or confidential information without consent, but may contact…
After leaving a government agency, can a lawyer take private work on a matter pending at that agency?
The committee permitted private employment where the lawyer gained no substantial knowledge of the matter in government service. It answered no where he gained substantial knowledge without an…
Can an assistant Commonwealth attorney also serve as defense counsel in a criminal case?
No. An assistant Commonwealth attorney may not act as defense counsel in any criminal prosecution, even in another county or in federal court, because he cannot retain independent judgment and the…
Can a part-time assistant Commonwealth attorney also run a private law practice, take divorce cases, and handle workers' compensation matters?
Qualified yes on all three. A part-time assistant Commonwealth attorney may keep a private practice, including divorces, but should avoid civil matters likely to lead to criminal proceedings;…
Does a court rule requiring post-divorce-judgment papers to be served on both the party and the attorney of record violate the no-contact rule?
No. The no-contact rule excepts communications authorized by law or rule of court; serving both the party and the attorney of record after a divorce decree fits that exception and adds protection…
Could a retired circuit judge on inactive status work in sales, finance, banking, or as a law clerk?
Yes. The Commission said a retired circuit judge on inactive status would not violate the Canons by engaging in any of the listed paid activities.
Could a retired circuit judge on inactive status practice law or serve as corporate general counsel?
Yes. The Commission said the Canons did not bar those activities while the retired judge was inactive, and that the judge would be subject to the Canons if recalled to active duty.
Could a district judge serve as a judge of a local high school public speaking contest?
Yes. The Commission treated the activity under Canon 5 and permitted it so long as it did not interfere with the judge’s judicial duties.
Can an assistant county attorney privately represent a client in a matter he had handled for her in his official capacity?
The opinion concluded that an assistant county attorney who represented a wife in support proceedings in his official capacity may not privately represent her against the same former husband on the…
In New Jersey, does sharing only a law library make otherwise-separate lawyers 'office associates' who are treated as connected for ethics purposes?
No. The opinion held that lawyers who share only a law library, while keeping separate and distinct office facilities and no joint building ownership, are not 'office associates,' so long as the…
Can a West Virginia lawyer take collection cases forwarded by a collection agency that has authority from the creditor to hire counsel and file suit?
LEI 79-6 concluded the lawyer may accept collection matters from a collection agency acting at the request of and with the authority of the creditor, and represent the creditor, provided there is no…
Can a New York lawyer get a newspaper to run an article about opening a new office, and mail announcement cards to strangers?
The opinion concluded that, after Bates and the 1978 Code amendments, a lawyer may try to convince a newspaper to run a story about his new office and may mail announcement cards to anyone, but he…
Can a New Jersey lawyer accept a referral fee or commission from a real estate agency for sending it clients' listings?
Only with full disclosure and the client's express consent, and the client is entitled to the benefit of the commission by credit or refund. The opinion held the lawyer's fiduciary obligation…
Can a county attorney privately represent property owners challenging their real property tax assessments?
The opinion concluded that a county attorney may not represent private property owners in proceedings to review real property assessments, because the owner's goal of lower taxes conflicts with the…
Must a lawyer keep client confidences he learned while working as a paralegal before admission, and is his new firm disqualified?
The opinion concluded that a lawyer is bound to preserve confidences and secrets he acquired as a paralegal before admission, so where that information is relevant he may not take the adverse…
May a Maryland judge attend a fundraising breakfast for the judge’s spouse’s reelection campaign?
No. The Committee concluded that attendance at the spouse’s campaign fundraiser would violate then-cited Canon XXVII on political activity.
Could a judge serve on the board of a charitable community action agency?
Yes, if the board service complied with Canon 5B’s limits. The Commission described the agency as a charitable nonprofit and conditioned its answer on those provisions.
May a group of Maryland judges transfer surplus campaign funds to judicial candidates in another jurisdiction?
No, on the stated facts. A majority of the Committee concluded that the proposed $500 contribution did not advance the donor judges’ own election and therefore fell outside the then-cited Canon…
Can a former assistant DA, now in private criminal defense, represent defendants his old office charged, and is his firm disqualified?
The opinion concluded that a former assistant DA is disqualified only from matters in which he had substantial responsibility or access to non-public information; his firm is not automatically…
Can a New Jersey municipal counsel and a county (or county board) counsel of the same county share an office or form a partnership?
No. The opinion held that an association, partnership, or office-sharing arrangement between counsel for a municipality and counsel for the county (or a county board) in which that municipality sits…
Can an assistant town attorney serve as counsel to the town's zoning board when the town board has sued that board?
The opinion concluded that, although an assistant town attorney may ordinarily advise the zoning board of appeals, he may not represent it once the town board sues it, because he cannot exercise…
If a lawyer filed a joint petition for an uncontested divorce, can the lawyer later take one spouse's side when the parties turn adversarial?
No. Once the parties become adversarial, one of them is a former client of the lawyer who would now be opposed in the same action, raising a serious risk of disclosing confidences and prejudicing…
Can a lawyer take a case against opposing counsel who works at the same firm (or office) as the lawyer's spouse?
Yes, there is no automatic disqualification, but the lawyer must stay alert to personal-interest conflicts, disclose them to the client, and withdraw if his or her judgment would be affected;…
Can a lawyer take a contingent fee to collect past-due child support or alimony after a judgment?
Yes. The public-policy bar on contingent fees in domestic cases rests on discouraging reconciliation; in a post-judgment collection of back support or alimony, reconciliation is no longer at stake,…
Can a lawyer without a real estate license sell estate real estate as part of settling the estate?
The committee declined to decide, calling it a question of law it is not authorized to answer. It noted only that whether the real-estate-licensing statute applies turns on whether the lawyer is…
Can a lawyer give a self-represented person advice about their own divorce case without becoming their lawyer?
Qualified yes for procedural questions, if the lawyer makes clear no attorney-client relationship exists. Substantive questions need a full history of the case, so answering them without…
Is a lawyer required to charge the fees listed in a bar association minimum-fee schedule?
No. The committee formally deleted its earlier opinions endorsing bar fee schedules, consistent with the Supreme Court's decision in Goldfarb v. Virginia State Bar holding minimum-fee schedules unlawful.
Can a private lawyer contract with a legal aid office to handle its bankruptcy referrals for a set per-case fee?
Yes. No disciplinary rule forbids a legal aid office from contracting with an outside attorney to handle a kind of case it does not normally take, and the lawyer need not be a salaried employee, so…
Can a full-time government agency lawyer privately represent clients against another agency, in a state disciplinary hearing, or as criminal defense counsel?
No to all three. A full-time government lawyer's continuous employment creates compromising loyalties: he cannot represent a private client against another state agency, a state employee in a…
Can one lawyer, or one firm, represent two or more Kentucky cities at the same time?
Yes, but only on a contract basis. A lawyer (or the lawyer's partners and associates) may represent two or more municipalities so long as the work does not amount to holding incompatible public…
Can a Kentucky firm list an out-of-state lawyer not admitted in Kentucky on its letterhead and office door?
Qualified yes. A Kentucky firm may list an Indiana lawyer not admitted in Kentucky on its stationery and office door, including as 'Of Counsel,' so long as the materials clearly indicate that the…
Can Wisconsin and out-of-state law firms form an interstate association and share fees, and how must they describe the relationship on their letterheads?
The opinion concluded that interstate fee and practice arrangements among lawyers are permitted, since the Canons do not control how associated lawyers in different states are paid. But the proposed…
Can a lawyer who represented two business partners later sue one of them on behalf of the other?
The opinion concluded that a lawyer who jointly counseled two partners on incorporating their business may not later represent one against the other to recover partnership assets. Having served…
What must a lawyer or legal services corporation do with client trust funds that cannot be returned because the client cannot be located?
The opinion concluded that unclaimed client trust funds must be preserved under the lawyer's fiduciary duties and disposed of through the Uniform Disposition of Unclaimed Property Act, not…
Can a lawyer write and publish an 'Ask the Lawyer' newspaper column?
The opinion concluded that a lawyer may prepare and disseminate an 'Ask the Lawyer' column, within limits: the column must not give individual legal advice or appear to solve individual problems,…
Can a bank recommend a particular estate-planning attorney to its customers, where the attorney's referrals benefit the bank?
The opinion concluded that the arrangement was improper solicitation. A bank may not recommend a particular attorney's estate-planning services to its customers when the bank receives a benefit,…
Can a lawyer form a commercial 'traffic consultant' corporation that audits freight bills and handles related legal work, and advertise it under that name?
The opinion concluded that an ordinary commercial corporation may not render legal services to the public even though one of its officers is a lawyer, so providing legal services through it (such as…
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.