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 advertise that the practice is 'limited to' particular fields of law, such as tax planning and tax litigation?
The opinion concluded that a lawyer may advertise that the practice is 'limited to' named fields, such as federal and state tax planning, tax litigation, and tax audits, provided the entire…
Is a law firm disqualified from representing a client when a state agency official with regulatory power over that client joins the firm?
The opinion concluded that whenever the former agency official would be disqualified under the Wisconsin public-official statutes and Canons 4, 5, and 9, each member of the firm would be…
May a Nebraska legal-aid board member and the program's staff lawyers represent clients against each other?
Yes under the cited safeguards, full disclosure, and client consent. Directors had to stay out of individual cases and recuse from policy decisions affecting their clients.
Is a Nebraska forwarding lawyer responsible for another lawyer's unpaid fee, and may the forwarding lawyer sue the client to collect it?
Not absent an agreement to assume the fee. The forwarding lawyer also could not sue the client for the other lawyer because the forwarding lawyer might be a witness and the suit created an…
May a Nebraska public defender and an appointed deputy represent codefendants who blame each other?
No. The deputy acted within the public defender's office for the assignment, so the conflict reached both lawyers even if they maintained otherwise separate practices.
May a Nebraska lawyer be listed as a client reference in an expert-services company's advertising brochure?
Yes under the opinion. The lawyer's name showed that lawyers used the company's services, and the committee did not treat that reference as the lawyer's advertising or solicitation.
May a Nebraska lawyer join a nonlawyer trade exchange that refers clients and charges a percentage of referred business?
No. The committee treated the payments as compensation for recommendations and fee sharing with a nonlawyer and found that the intermediary improperly controlled client referrals.
Under Nebraska Opinion 79-3, where were cost advances and retainers deposited?
The former rule allowed advances for costs and expenses in the general account, but required retainers belonging partly to the client to remain in trust until earned.
How should Vermont's Attorney General's office handle the defense of judges before whom it also has pending cases?
Opinion 79-29 preferred outside counsel under 3 V.S.A. §1102(e) for judges or justices the state had to defend. It described disclosure and waiver in the office's other cases as an alternative, but…
What did a Vermont firm need to address after hiring a paralegal who worked on the opposing spouse's pending divorce case?
Opinion 79-28 found an appearance of impropriety on its stated small-office facts after the firm hired a paralegal with extensive access to opposing-client confidences. Although the synopsis says…
Could one lawyer represent an injured employee and the employer or insurer in a third-party recovery action?
Opinion 79-27 said the lawyer should decline joint representation of the employee and employer or carrier in these actions. Settlement offers could favor one side's recovery over the other's,…
Could a firm that advised one town on a hydroelectric project represent another town opposing that project's application?
Opinion 79-26 barred the firm from representing the opposing town. It had learned the first town's evaluation and possible tactics in the same project, creating a strong risk to former-client…
May a Vermont firm list out-of-state or foreign lawyers as of counsel on its letterhead?
Opinion 79-24 allowed the listing if the lawyer was licensed somewhere, had a continuing professional relationship with the firm, and the letterhead disclosed where the lawyer was admitted if not…
Could a lender require the borrower's real estate lawyer to represent the bank at closing too?
Opinion 79-23 rejected a bank guideline presuming that every borrower's lawyer also represented the bank until a conflict appeared. The committee found more than a slight possibility of differing…
Could lawyers sharing a filing cabinet, planned secretary, and case discussions take opposite sides of a transaction?
Opinion 79-22 treated the lawyers as subject to firm-like conflict restrictions despite their separate practices. The committee said their shared files, planned secretary, and case discussions put…
Could a lawyer married to a district judge, or colleagues in the Attorney General's office, appear in that court?
Opinion 79-20 did not bar the lawyer from district-court practice or the lawyer's Attorney General colleagues from appearing before the spouse judge on the stated facts. It said the judge must…
May a Nebraska lawyer's new firm oppose the lawyer's former divorce client in renewed child-custody litigation?
Not without consent where the same custody issue returned. The opinion permitted the representation only after full disclosure and express consent from both the former and current clients.
Could a law school's alumni directory list Vermont lawyers' areas of concentration or specialization?
Opinion 79-17 permitted listings of practice concentrations but rejected specialist designations outside former DR 2-105(A)'s stated exceptions, where the directory could confuse a preferred field…
Could a Vermont lawyer sell title insurance as an agent, including to a legal client, and keep the commission?
The opinion allowed the agency role with full disclosure and client consent, and did not require a direct fee credit, but required the commission to be considered when setting the legal fee.
Could a Vermont lawyer defend a land buyer when the lawyer might also testify about the closing?
Opinion 79-14 rejected continued representation on the stated facts because no advocate-witness exception was established; lower fees alone did not show unreasonable client hardship.
Could a Vermont firm list paralegals and law clerks on its letterhead?
Opinion 79-13 allowed names of nonlawyer staff on firm letterhead when the listing was not deceptive, made their nonlawyer status clear, and supplied information relevant to choosing counsel.
Could an elected state's attorney also serve on Vermont's Public Service Board?
Opinion 79-12 concluded that an elected state's attorney could not also serve on the Public Service Board. Board membership would prevent the official from performing some statutory advocacy duties…
Could lawyers participate in the PLEAS group legal services plan, and could its directory list practice fields?
Opinion 79-11 found the proposed PLEAS plan appeared to satisfy the former Code's group legal services conditions, subject to stated clarifications and safeguards for lawyer independence. Its…
May Nebraska county and city attorneys who are law partners serve as each other's deputies?
The opinion permitted the arrangement only when no conflict existed, including when the lawyers remained partners without serving as each other's deputies.
Could a law firm join a contractors' association and represent its members?
Opinion 79-09 found no Code violation in the simple fact of associate membership in the Associated General Contractors of Vermont or representation of other members. It identified possible…
Could a lawyer represent a party after the lawyer's judge spouse had earlier handled part of the case?
Opinion 79-07 permitted the representation on its stated assumptions, including that the judge was no longer involved and would disqualify from further proceedings. The lawyer also had to be able to…
Could a lawyer associated with the lease drafter represent a landlord in an eviction under that lease?
Opinion 79-06 said the lease drafter should not represent the landlord against the tenant, whom the drafter also represented when preparing the lease. It also found the drafter's affiliated lawyer…
Did a special counsel to the governor have to end a simultaneous corporate consulting engagement?
Opinion 79-05 found no conflict requiring withdrawal merely from the two contracts. It said a conflict could arise in a particular matter and would require review of that matter under DR 5-105.
Could trial counsel interview a juror after trial while the juror remained on the current panel?
Opinion 79-03 permitted a posttrial interview about the juror’s reaction or possible misconduct, subject to limits on harassment and embarrassment. It warned that contact before panel service ended…
Could a Vermont state's attorney threaten or bring criminal charges to collect a private debt for a complainant?
Opinion 79-02 categorically rejected criminal prosecution used solely to collect a third person's private debt. The prosecutor's charging decision had to serve state law-enforcement purposes, not…
Can a non-profit association arrange for a law firm to offer optional legal services to its members where members pay the lawyers directly?
The Committee concluded that the current Code permits such an arrangement (which an earlier opinion had barred), under DR 2-103(D)(5), provided the association's primary purposes are not legal…
Does a Texas lawyer have to tell the client about every settlement offer the opposing party makes?
The Committee concluded that DR 6-101 and EC 7-7 and EC 7-8 require an attorney to disclose to the client all offers of settlement, along with the attorney's analysis and recommendation, because the…
Can a Texas lawyer meet with someone who already has a lawyer, refuse to be discharged under a contingent-fee contract, or hold a client's files for unpaid fees?
The Committee concluded that a lawyer may confer with a represented person who seeks his advice and may take over as substitute counsel once the former lawyer is out; a lawyer must withdraw when…
What may a Texas lawyer do when participating in legal educational seminars, and how may such a seminar and the lawyer's role be promoted?
The Committee concluded that a lawyer is encouraged to take part in legal educational programs but must not give individual advice or seek personal publicity; promotion should publicize the seminar…
Can a government-employed attorney refuse to work or slow-walk litigation as leverage in a salary or benefits dispute?
The committee concluded that an attorney employed by a public agency may not refuse to represent the agency in existing litigation, or intentionally delay that litigation, in order to gain advantage…
What must a lawyer do to keep a shared secretary or other nonlawyer staff from disclosing client confidences, and what happens after a leak occurs?
The committee concluded that lawyers must take steps to ensure secretaries and other nonlawyer employees understand their duty not to disclose client confidences, and that after a harmful leak the…
Can a prosecutor interview a represented defendant as a possible witness in another case, and can one defense lawyer keep representing two defendants once one may testify against the other?
The committee concluded that a district attorney may not contact a defendant he knows to be represented by counsel, even to discuss another defendant's case or uncharged conduct, and that defense…
If a lawyer does not pay a court reporter's bill, is that an ethics violation, and when can it lead to discipline?
The committee concluded that failing to pay a reporter's reasonable contracted fees is unethical, but it subjects the attorney to discipline only where the attorney intended not to pay at the time…
Did Canon 3B(3) require a part-time attorney judge to report another judge’s misconduct learned through a privileged client relationship?
No. The Commission said Canon 3B(3) did not require reporting based on privileged attorney-client knowledge, but called for full disclosure to the client to seek permission to report.
Did the Commission say an attorney member of the Court of the Judiciary should initiate disciplinary measures based on personal knowledge of misconduct?
Yes. The joint 78-50 and 78-51 answer said Canon 3B(3) had no exemption for part-time or special judges with personal knowledge of unprofessional conduct; Opinion 78-52 separately addressed…
Did Canon 3B(3) apply to an attorney member of the Court of the Judiciary with personal knowledge of another judge’s misconduct?
Yes. The Commission said part-time or special judges had no exemption from Canon 3B(3) and answered the application and reporting questions affirmatively; it addressed privileged knowledge…
Could a judge do accounting or income tax work after retirement?
Yes. The Commission said a retired judge could engage in the described paid work because the Canon it discussed was inapplicable to retired judges.
If an attorney who has paid out-of-pocket litigation costs is asked to withdraw before trial in favor of new counsel without reimbursement, what must the attorney do, and when may costs be advanced?
The committee concluded the attorney must seek leave of court to withdraw and pursue collection of the fee through the courts, and that advancing costs is permissible only if the client specifically…
Can a law firm list nonlawyer employees such as registered patent agents and paralegals on its letterhead?
The opinion concluded that, after Bates and the amended Canon 2, a firm may list nonlawyer employees on its letterhead where that is relevant to selecting counsel and not deceptive, provided their…
Can a lawyer publish a newspaper notice offering to swap information with potential members of a class action?
The opinion concluded that a lawyer may contact potential class members to advance an existing client's legitimate interests, not to gain new clients, and bears a heavy burden of complying with all…
Must a law firm withdraw when it hires the attorney who filed the case for the opposing party?
The opinion concluded the defendant's firm must withdraw. The attorney who had initiated the plaintiff's divorce and custody action at a legal-aid office then joined the defendant's two-partner…
Can the attorney for an executor represent the executor in a dispute brought by estate beneficiaries over the final accounting?
The opinion concluded that, absent other factors, the attorney for the executor of an estate does not have a conflict precluding him from representing the executor in an action by beneficiaries…
Can a part-time prosecutor take private employment in a civil case built on the same facts he investigated as a public prosecutor?
The opinion concluded that a part-time prosecuting attorney should not accept private employment to bring a civil action arising from a factual situation he actively investigated and pursued while…
Can a municipal attorney who once advised the mayor about his legal fees defend the township when the former mayor later sues it?
No for the municipal attorney, who had advised the mayor and so has a conflict; but the township's special counsel, who was formerly the township's public defender and never had an attorney-client…
Will the West Virginia ethics committee decide a conflict-of-interest or attorney-disqualification question that arises in a case already in litigation?
No. LEI 78-20 declined to consider the conflict-of-interest question because it related to litigation pending before a circuit court, stating that matters regarding the disqualification of attorneys…
Can a municipal prosecutor represent the police department at a departmental disciplinary hearing of charges against a municipal police officer?
No. The opinion held it is a conflict of interest, and unethical, for a municipal prosecutor to prosecute departmental charges against a municipal police officer, because the prosecutor works with…
If a law firm hires the former assistant municipal attorney who litigated a case for the town, can the firm keep representing the developer on the other side?
No. The opinion held the former assistant township attorney is disqualified under DR 9-101(B), that disqualification is imputed to his new firm, the conflict cannot be cured by firing him or by the…
Can a nonprofit legal-services project practice under a trade name and list non-lawyer staff on its letterhead and business cards?
No trade name: under DR 2-102(B) the project may not practice under a fictitious trade name, and the responsible attorney must be identified. The opinion allowed a social-service specialist's name…
Can a lawyer who serves as counsel to a professional society defend a member in a state disciplinary proceeding?
The opinion concluded that counsel to a professional society may defend a member in an Education Law Article 130 misconduct proceeding only where the society neither brought the complaint nor would…
Can an assistant public defender share office space with a village justice whose court the defender's office appears in?
The opinion concluded that an assistant public defender may not share office space with a village justice where members of the public defender's staff appear in that court, because the office is…
May a law firm defend cases that arose while one of its lawyers was an Assistant Commonwealth's Attorney, if that lawyer had no involvement in them as a prosecutor?
The committee concluded it is not improper for the present firm of a former Assistant Commonwealth's Attorney to defend cases that arose during the lawyer's time in the prosecutor's office, so long…
Must a lawyer for an infant's guardian tell the court the guardian is violating a court order on the infant's funds?
The opinion concluded that the lawyer should disclose the guardian's continuing violation to the court, because the lawyer's real client is the infant ward and no information about the guardian's…
If a foreclosure becomes contested, can the attorney-trustee resign, have the lender appoint a substitute trustee, and then represent the lender in the foreclosure?
The opinion concluded that the attorney may represent the lender in all further foreclosure proceedings after resigning as trustee and the lender appoints a substitute, so long as the attorney has…
After opposing the insured in a coverage declaratory-judgment action, can the insurance carrier's lawyer go back to defending that insured in the underlying negligence case?
Yes, on these facts. Because the declaratory-judgment coverage issue did not require resolving any facts relevant to the negligence suit, the opinion held the carrier's attorney may defend the…
A municipal public defender shares an entrance, waiting room, and library with the town's municipal attorney; can he still privately defend clients in that municipal court?
Not the private client. The opinion held the public defender and municipal attorney are 'office associates' under R. 1:15 because of their shared entrance, waiting room, and library, so the…
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.