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 Deputy Attorney General who had substantial involvement in a suit against the State join the law firm representing the plaintiffs while that suit is pending, if he is screened and the Attorney General consents?
No, not while the litigation is pending. The opinion concluded the Supreme Court's Notice to the Bar bars representing conflicting interests in a matter involving the public interest even with…
Can a former deputy attorney general who helped draft an agency's rules later represent a private client appealing or challenging those same rules?
No. The opinion concluded that because the lawyer, as a deputy attorney general, had substantial responsibility in drafting the agency's rules, DR 9-101(B) bars him from later representing a private…
Can a lawyer report another lawyer's ethics violation to a grievance committee when the lawyer learned of it through a client confidence?
The opinion concluded a lawyer has neither the duty nor the right to report another lawyer's ethics violation to a grievance committee when knowledge of it came from a client confidence, and that…
If financial-disclosure laws require a lawyer who holds public office to reveal client identities, and a client's identity is confidential, what must the lawyer do?
The opinion concluded that where a client's identity is a confidence or secret, a lawyer who is also a public official subject to financial-disclosure laws must choose between continuing the…
If a lawyer cannot locate the client and the statute of limitations is about to run, what must the lawyer do to avoid neglecting the matter?
The opinion concluded that a lawyer who cannot locate the client must continue to take reasonably available steps to protect the client's interests, and that failure to do so may appear to…
If a lawyer helped a property owner who was not a formal client with financial problems, can the lawyer later represent a broker suing that owner?
No. The committee assumed the lawyer acquired information about the owner's financial difficulties that would bear on the litigation, so the lawyer may not represent the broker against the owner.
If a lawyer will be a witness whose testimony is central to a case, can the lawyer's partner represent the clients in that same case?
No. Where a lawyer will testify on a contested, material issue and none of the DR 5-101(B) exceptions apply, DR 5-102 extends the bar on the representation to the lawyer's partner, who should…
Can a law firm make an associate sign a non-compete that bars the associate from practicing law near the firm after leaving?
Generally no. A covenant restricting an associate's right to practice law after leaving is improper, except when it is a condition to the payment of retirement benefits.
Can a Kentucky lawyer buy a disbarred lawyer's practice by paying the disbarred lawyer a percentage of the fees earned from the former clients?
No. A disbarred lawyer is treated as a layman, and a lawyer may not divide legal fees with a layman; fee division is proper only with another lawyer based on a division of service or responsibility.
Is a legislator-lawyer who shares offices with lawyers handling Special Fund workers' compensation cases violating ethics rules?
Qualified no. On the facts given, no per se violation appears, but the office-sharing lawyers are treated as partners for confidentiality and conflict purposes, and the legislator must not use his…
Can a lawyer in a mortgage foreclosure bid on the property at the commissioner's sale when the sale won't cover the client's secured debt in full?
No. Where the property's fair market value is too low to pay the client's mortgage debt in full, the conditions allowing the attorney to bid are not met, and bidding would conflict with the client's…
Can a law firm accept major credit cards to pay for legal services?
Yes, subject to conditions: the bar must approve any related advertising, the plan may not publish subscribing lawyers' names, the lawyer may do no more than discreetly indicate acceptance, and the…
Can the Attorney General prosecute someone who was a codefendant with the Commonwealth in a related civil case the AG handled?
No. The committee found an appearance of impropriety where the AG, having represented the Commonwealth as a civil codefendant, also pursues the related criminal case, though the AG may direct…
Can a lawyer let clients pay legal fees with a credit card such as Master Charge?
The opinion concluded that it is ethical for a lawyer to offer credit card services to clients for the payment of fees for services rendered.
Can a plaintiff's divorce lawyer prepare the defendant-wife's answer for the husband to deliver, or advise the husband on preparing it himself?
The opinion concluded that the lawyer may not prepare the defendant-wife's answer (following CPR 121), and may not advise the husband on preparing his wife's answer, because the husband doing so…
Can a lawyer employed by a federal agency join a labor union that includes both lawyer and non-lawyer employees of that employer?
The opinion concluded a Florida Bar member may not ethically join a labor union of lay and attorney employees relating to his federal employer, because of the divided loyalty such membership…
May a Maryland Orphans’ Court judge work as an auctioneer at estate sales?
No. The Committee unanimously concluded that this private work would create an appearance that judicial office was being used to attract estate-sale business.
Can a Florida lawyer draft a document whose legality is genuinely uncertain, such as a living will?
The opinion permits drafting despite genuine uncertainty if the lawyer explains that uncertainty and possible liability to the client; a designated third party should receive like advice if not…
May a Maryland judge buy a small office building outside the judge’s circuit as a passive investment?
Yes, on the stated facts. The Committee approved a purchase negotiated and settled by retained counsel, with no relationship to the seller or tenants and little likelihood the tenants would appear…
Can a lawyer file a lawsuit on a claim that the statute of limitations has already run on?
The opinion concluded that a lawyer may institute suit on a time-barred claim where the limitation merely bars the remedy and can be waived as an affirmative defense, but not where the passage of…
Can a lawyer take cases referred by an heir-hunting service that contacts potential heirs and steers them to the lawyer?
The opinion concluded it is improper for an attorney to let an heir-hunting service advise potential heirs of his services or to contact potential heirs from names the service provides, because the…
Did a plaintiff’s federal civil rights suit against the trial judge require the judge to leave the plaintiff’s pending state case?
No. On the facts described, the Commission said Canon 3 did not require disqualification from the pending state case.
Could a circuit judge draft bylaws and incorporation articles for a charity with which the judge was involved?
No. The Commission said drafting those legal documents made the judge a legal advisor, a role Canon 5B did not permit for a civic or charitable organization.
Could a judge sue a neighboring owner over an encroachment on the judge’s property?
Yes. On the stated facts, the Commission said filing the suit in the judge’s own behalf would not violate Canon 5F.
Can a lawyer have a client sign a confession of judgment as security for unpaid legal fees?
The opinion concluded that it is not per se improper for a lawyer to take a client's signed confession of judgment as security for fees already earned, to be filed only if the agreed fee goes…
Can a law firm represent an ex-wife on a post-divorce motion when one of its partners once worked at the opposing firm, and the ex-wife once worked there as a legal secretary?
Yes. The opinion found no conflict for either firm, because the post-divorce motion was a new matter unrelated to the prior representations of the husband or wife and involved only facts arising…
Can a lawyer share confidential client information, including trust-account data, with an outside accounting or bookkeeping service?
The opinion concluded that a lawyer may give limited confidential information, including trust-account data, to an outside accounting or data-processing agency for legitimate office purposes without…
What did the Commission require when worthless-check cases involved customers of a corporation that employed the judge’s son as a manager?
A majority said the judge should disclose the son’s employment to the parties and recuse if a defendant requested it.
If a lawyer is appointed and paid by a municipality to defend its individual police officers in criminal matters, may he or his firm still appear before that municipality's other agencies for private clients?
Yes. The opinion concluded that because the appointed lawyer represents the individual police officers and not the municipality, like a municipal public defender, he and his firm may appear before…
May a municipal magistrate and the solicitor of the same town's type II board of education share office space, and may the magistrate's partner represent that board of education?
Yes. The opinion found nothing unethical per se in the office-sharing, and held that because a type II board of education is autonomous and not an agency of the municipality under the…
May a lawyer with matters pending before a judge offer the judge hospitality, such as inviting the judge to lunch or other social occasions?
Not categorically barred, but to be approached with care. The committee concluded that ordinary social hospitality is permitted (EC 7-34 and the Code of Judicial Conduct allow a judge to accept…
Is there a conflict when a municipal prosecutor tries cases before a municipal court judge whose law partner is the prosecutor's brother?
No, not for the prosecutor. The opinion concluded this is not a conflict situation for the municipal prosecutor; whether the judge may sit is a question of judicial qualification governed by the…
Can an attorney who serves on a municipal environmental commission represent private clients before that municipality's planning board, board of adjustment, board of health, and municipal court?
Not both. The opinion concluded that an attorney must choose: serving the municipal environmental commission precludes him and his firm from appearing before the town's other bodies for private…
Can one attorney represent both a husband-driver and his wife-passenger suing a third party for a crash, and also handle the estate of their child who died in the same accident?
The opinion concluded the wife need not have separate counsel, because the multiple-employment exception applies where adult clients give informed consent and the wife will not claim against her…
In an uncontested divorce, what may the plaintiff's lawyer send the unrepresented defendant, and can the defendant help pay the plaintiff's fee?
The opinion concluded that the plaintiff's lawyer may send the defendant the summons and complaint for acceptance of service, but may not send a form answer, a draft answer admitting the…
Does a lawyer have to file a lawsuit the client demands if the lawyer believes it has no merit?
The opinion concluded that a lawyer, including general counsel under a general retainer, is not required to commence litigation the lawyer believes is without merit; the retainer cannot diminish the…
How can a retiring lawyer hand off open client files, and may the successor lawyer divide fees with the retiring lawyer?
The opinion concluded a retiring lawyer may send clients a form letter offering to place files with a named successor, help the client choose another lawyer, or return the files, and that the…
Can a lawyer charge a contingent fee based on property recovered for a wife in a divorce case?
No. A contingent fee tied to property recovered in a divorce is improper, because the justification for contingent fees does not apply and such a fee may motivate the lawyer to interfere with…
May a Maryland judge provide a confidential lawyer rating and a school recommendation on judicial stationery?
Yes. The Committee allowed the confidential directory response and an ordinary educational recommendation, including use of judicial stationery for the latter.
How must a Minnesota lawyer keep a law practice separate from debt-collection-agency work?
Under this now-repealed opinion, a lawyer involved with a debt collection agency had to keep the law practice visibly separate, supervise lay staff, personally sign legal documents, protect client…
Must a Maryland judge recuse when counsel comes from a firm employing the judge’s son, who is not involved in the case?
No automatic recusal was required on the stated facts. The Committee said the answer turns on reasonable doubt about impartiality or whether the relative’s firm interest could be substantially affected.
Can a Florida lawyer charge a client the public rate for title insurance while keeping an undisclosed discount?
The opinion concluded no; a lawyer may not receive money from a third party that is charged to and paid by the client, directly or indirectly, without full disclosure to the client.
Can a Florida lawyer keep a fee a title company pays for endorsing its title commitment if the client consents?
The opinion concluded a lawyer may, with client consent after full disclosure, take a percentage of the title insurance fee for endorsing a title company's commitment, but must credit against the…
Can a criminal defense lawyer tell a non-client witness to get legal advice, and recommend a specific lawyer?
The opinion concluded the lawyer has the right, but not the duty, to suggest a non-client witness seek legal advice (and should not do so if it would disserve his own client); he may recommend a…
Can a court-appointed receiver hire his own law firm to serve as counsel in the case?
The opinion concluded that a receiver in a mortgage foreclosure action may retain the law firm of which he is a member to act as his counsel, because the court's supervision of the firm's fees and…
Can a part-time city attorney appear before a city agency to advance his own real estate purchase?
The opinion concluded that a part-time city attorney who advises the mayor and common council may not appear before the city's urban renewal agency to obtain a plan modification letting him buy a…
Can a lawyer file a general denial when the lawyer knows the client has no valid defense?
The opinion concluded that it is improper for a lawyer to interpose a general denial knowing the client has no valid defense, because a civil pleading carries an implicit representation that the…
Can one lawyer represent both an injured claimant and the workers' comp carrier's subrogation claim against the same third party?
The opinion concluded that a lawyer may represent both a claimant and the workers' compensation carrier (or self-insurer) pursuing a subrogation claim against the same third party, provided the…
Can the lawyer who drafted a will notify the client when estate-tax or testamentary law changes might defeat the will?
The opinion concluded that an attorney who drafted a will may choose to notify the testator that estate-tax or testamentary laws have changed and recommend the will be reviewed by an attorney, but…
Can a township's municipal solicitor serve as defense counsel for people charged with motor vehicle offenses that occurred in his township, if the cases were transferred to a neighboring town's municipal court?
No. The opinion concluded there is a conflict of interest: it is unethical for a municipal solicitor, as the municipality's chief legal officer, to defend those accused of offenses that occurred…
Can an attorney who serves as a township committeeman represent a client suing the township's board of education when his wife is an elected member of that board?
No. The opinion concluded the proposed representation would be improper; neither the board of education's autonomy from the municipality nor the separate identity of the attorney's spouse cured the…
Can a firm that sues an insurance company for plaintiffs also defend that same insurer in other cases?
The opinion concluded that a firm with a substantial plaintiffs' personal injury practice against a particular insurance company may not, even with the consent of all clients, simultaneously defend…
Could a judge serve as an estate administrator under Canon 5D?
Yes, if the administrator duties did not interfere in any way with the judge’s judicial duties.
Could a judge sell a personal law-report set to a county law library whose board the judge served on?
No. The Commission said the sale would violate Canon 2 because it would constitute an offense under the then-cited county-supply sales statute.
Can a lawyer who is a reserve police officer and legal officer for the reserve police do criminal defense work in the same area?
The opinion concluded a lawyer who is a reserve police officer and legal officer for the reserve police may not do criminal defense work in the court where those officers make arrests returnable or…
Can a lawyer-legislator, or his partner, also serve as a city attorney or special-district counsel?
The opinion concluded yes; a lawyer may serve in the Florida legislature while he or his partner is a city attorney or special-district counsel, but he may not vote on or participate in matters…
Can a former federal law clerk work on a bankruptcy matter pending before the judge he clerked for?
The opinion concluded he may not; a former law clerk now in private practice may not perform any legal services for the trustee in a Chapter X proceeding pending before the judge for whom he clerked.
Can one lawyer serve as attorney for both a town and a village located within that town?
The opinion concluded that it is not per se improper for a lawyer to be both town attorney and attorney for a village within the town, but the lawyer must decline or refrain where a substantial…
Can a lawyer employed full-time by a firm practice under his own name, and can a Florida Bar member working from an out-of-state office say so on his letterhead?
The opinion concluded a full-time firm employee may not practice under his own name to the exclusion of the firm name, but if he also maintains an individual practice his own letterhead is proper; a…
Is there a conflict of interest if an assistant county prosecutor appears before a juvenile and domestic relations court where his mother is the chief clerk?
No. The opinion concluded that because the prosecutor handled only adult matters (child-support cases against absconding fathers) and not juvenile proceedings, his appearances before the court where…
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.