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 disclose a deceased client's confidential statements if the personal representative waives the attorney-client privilege?
The opinion concluded that a deceased client's personal representative may waive the attorney-client privilege, and that the attorney discharges his ethical duty by raising any objection he has to…
Can a client send a letter drafted by their lawyer out on the lawyer's letterhead?
The committee suggested that clients write and sign their own letters; a letter drafted by the attorney should not go out on the attorney's letterhead, or, if it does, both the client and the…
Can a prosecuting attorney or a member of the prosecutor's staff represent a private client in a claim before the Workmen's Compensation Commission?
LEI 77-9 concluded a prosecutor or staff member may not prosecute an action on behalf of a private client against the Workmen's Compensation Commissioner, but may represent a claimant seeking…
Can a West Virginia lawyer print 'Specializing In' a list of practice areas on a business card?
LEI 77-8 concluded that a business card reading 'Specializing In' Social Security, Workmen's Compensation, personal injury, Department of Labor, black lung, and medical negligence violated DR…
Can a West Virginia lawyer represent both spouses in a no-fault 'irreconcilable differences' divorce if both consent?
LEI 77-7 concluded it would be improper for a lawyer to represent both husband and wife at any stage of a marital problem, even with full disclosure and informed consent, and that the no-fault…
Could a Nebraska lawyer let a tax preparer advertise that the lawyer would help with returns and related problems?
No on the stated facts. The opinion treated the broad announcement as using the lawyer's counseling to solicit work that could extend into legal advice delivered through the nonlawyer preparer.
Which private matters conflicted with serving as executive director of Nebraska's county-attorneys association?
The opinion barred four categories involving county attorneys or the state, subject to a court appointment only when the court found no feasible alternative.
Could a Nebraska lawyer unilaterally begin charging interest on overdue legal fees after notice?
No. The opinion allowed interest only when the client requested more time and agreed to the interest rate and payment terms.
Could a Nebraska law firm use different firm-name variations at offices in different cities or states?
Yes, if each named lawyer was actually a partner and the variation was not false, misleading, or deceptive.
Can a part-time municipal judge with criminal jurisdiction represent criminal defendants in the circuit court when his own city is not involved in the case?
LEI 77-3 concluded it would be improper for a municipal judge with criminal jurisdiction to represent criminal defendants in the circuit court, even though his jurisdiction was limited to municipal…
Could a Nebraska lawyer print a credit-card acceptance notice on client billing statements under Opinion 77-2?
This opinion said no, treating the notice as prohibited credit-card publicity, but Opinion 81-2 later rescinded it and permitted a statement insert under specified conditions.
Can a lawyer switch sides to represent the husband against a former divorce client, and can a lawyer contact other accident victims' families to take their cases?
LEI 77-2 concluded it would be highly improper for the lawyer to 'switch sides' and represent the husband against the wife he had formerly represented in her divorce, and that it would be improper…
Can a West Virginia lawyer who is also a CPA mail other lawyers an announcement offering to consult on tax and estate matters, and may it say 'I am a certified public accountant'?
LEI 77-11 concluded the lawyer could announce to other lawyers his availability as a consultant in taxation and estate planning under DR 2-105(A)(3), but had to omit the statement 'I am a certified…
Could a Nebraska lawyer give title opinions to both a buyer and lender and later handle a foreclosure?
Yes with the buyer's consent, and later for either side only if title and lien validity were not disputed and no concurrent-client or other conflict existed.
Can a West Virginia lawyer own a collection agency while continuing to practice law?
LEI 77-1 concluded a practicing lawyer may not participate in the activities or management of a collection agency that solicits the collection of claims, and may not, if he has a financial interest…
After a joint representation ends, can a lawyer reveal what one former co-client told him, and may the lawyer testify when that co-client later commits perjury against the other client?
The Committee concluded that the lawyer may not disclose the versions of the facts a co-client gave while the lawyer represented him, even after the relationship ends, but may disclose what the…
If a Texas lawyer personally posts a bail bond for a client, can the lawyer later go off the bond and have the client jailed?
The Committee concluded that it would violate the Code for a lawyer who personally posted a bail bond for a client he represents to go off the bond and cause the client to be jailed, unless the…
When a corporation's lawyer learns from an officer that the officer and other directors committed crimes against the company, must the lawyer tell the board, the shareholders, or the authorities, and is the conversation privileged?
The Committee concluded the answers turn on who the client is: the corporation is the client and past personal representation does not make the officer a continuing client, so if only the…
Can a lawyer known as a PBA attorney represent an individual PBA member in a matter where another PBA member is expected to testify?
Only outside criminal-type matters. The supplement narrowed Opinion 320 so the bar reaches only criminal, quasi-criminal, and disciplinary matters in which another PBA member may testify, not civil…
May a city collect 'attorney's fees' from property owners in special assessment districts and deposit them in its general fund, where its salaried city attorney serves those districts without extra pay?
No. The committee concluded that a salaried or retained city attorney who serves special assessment districts without additional compensation may not let the city assess such 'attorney's fees' from…
Can a lawyer require a new client to agree, as a condition of being hired, to arbitrate any future legal malpractice claims against the lawyer?
The committee concluded a lawyer may not condition employment on the client's agreement to arbitrate future malpractice claims unless the lawyer is satisfied the client is fully advised of the…
Can a lawyer who sits on a city council represent a client against that city, such as defending a criminal case the city prosecutes or negotiating a contract with the city?
The committee concluded that an attorney-council member may not defend a client the city is prosecuting, may not represent a client negotiating a contract with the city, and may not take unrelated…
When a district attorney represents a minor 'in the interest of the state' in a juvenile dependency case, what should the DA do if the minor's wishes conflict with the state's interest?
The committee concluded the district attorney should consider whether the minor's interests conflict with 'the interest of the state' that the statute requires the representation to serve, and,…
Can a lawyer join a barter or service-exchange club where members trade services and the lawyer pays the club a percentage of fees earned through it?
The committee concluded participation is improper. Paying the exchange ten percent of fees earned is prohibited fee sharing with a nonlawyer under former Rule 3-102 and improper payment for securing…
When suing a city, can the plaintiff's lawyer talk to the city council or city manager about the lawsuit without the city attorney's permission?
The committee concluded the lawyer may communicate with the city council at a public meeting, with a council member privately, or with the city manager privately about the subject of the litigation…
Can a public defender approach a newly arrested person, before any court appointment, to see if they qualify for and want a public defender?
The committee concluded a public defender may initiate contact with a person arrested for a homicide or capital offense to determine eligibility for and desire for the public defender's services,…
Can a lawyer advise a client about conduct that would be a crime in another state, and where is the line between advice and counseling a crime?
The opinion concluded that a lawyer may explain the legal character and consequences of a contemplated act, even one criminal where it would occur, but may not encourage the client to commit it or…
Must a lawyer reveal that a bankrupt client concealed assets from the trustee after the lawyer learned of it and withdrew?
The opinion concluded that the lawyer need not disclose the concealed assets, because a November 1976 amendment to DR 7-102(B)(1) removed the only provision that had required disclosure when the…
Can an attorney appear before local boards and the municipal court when his father, as mayor, appoints those bodies and sits on the planning board?
The opinion permits appearances before boards the parent appoints if the lawyer avoids implying improper influence. If the lawyer appears before a relative who sits on a board, that relative must…
Can a lawyer who handled an estate's administration then sue that estate, with the administrator he represented as the nominal defendant, to reach the decedent's insurance?
The opinion declined to approve it. Although the conflict might be more apparent than real where insurance covers the claim, the Committee was unwilling to hold the lawyer could accept the…
Can a former deputy town attorney later represent private clients in tax certiorari cases against the same town?
The opinion concluded that a former deputy town attorney may represent private clients in tax certiorari proceedings against the town only as to property for which he had no substantial…
Can a part-time district attorney pool his public salary with his law firm partners?
The opinion concluded that a part-time district attorney may share his official salary with his private law partners, because such sharing among partners is well understood by the public and creates…
Can a part-time town attorney handle private real estate deals in his town when clients may need town permits or variances?
The opinion concluded that a part-time town attorney may not represent private clients before town agencies, but may handle a private real estate matter that might require town permits only with…
Can a lawyer publish a notice in a bar journal asking other lawyers with similar cases to get in touch?
The opinion concluded that a lawyer may publish a notice in a legal periodical inviting other attorneys who represent similarly situated clients to communicate with him, because cooperation serves…
Can a lawyer who represents a party in a public-sector arbitration also sit on the arbitration panel as that party's nonneutral member?
The opinion concluded that a party's lawyer may serve as a nonneutral (partisan) member of a public arbitration panel convened under Civil Service Law section 209, because EC 5-20 restricts only…
Can a bar association publish a consumer legal directory of lawyers for distribution to the public?
The opinion concluded that a state, county, or local bar association may publish a law list or legal directory for wide public distribution, provided the listing conforms to DR 2-102(A)(6) and the…
If a lawyer takes case-by-case retainers from a county social services department, is the lawyer disqualified from all private matters against the county, or only matters involving that department?
The opinion concluded that a lawyer retained case by case by a county department with its own counsel is disqualified only from private matters adverse to or involving that department, not from…
Can a lawyer send a licensed non-lawyer representative to appear before the Workers' Compensation Board on the lawyer's client's behalf?
The opinion concluded that a lawyer may retain a state-licensed lay representative to appear before the Workmen's Compensation Board if the lawyer discloses the representative's non-lawyer status,…
Can one attorney represent both an injured plaintiff and the plaintiff's own insurance carrier, which is subrogated for medical payments, in the same tort action?
Yes, with informed consent. The opinion concluded a lawyer may represent both the insured plaintiff and his subrogated carrier where the conditions of DR 5-105(C) are met, because their interests on…
Can a lawyer accept appointment as assistant county counsel when his law partner is an elected member of the county board of freeholders that makes the appointment?
No. The opinion concluded it would be improper for the lawyer to accept appointment as assistant county counsel from the freeholder board on which his law partner serves as an elected member.
Can a group of private lawyers practice under a trade name like 'Community Law Office'?
The opinion concluded that private lawyers may not practice under the name 'Community Law Office' because it is a trade name that could mislead the public about the identity and status of those…
Can a town attorney keep representing the town while his law partner brings a personal lawsuit against that same town?
The opinion concluded that a town attorney may not continue to represent the town while his partner sues the town personally; the conflict and appearance of impropriety remain even with outside…
Can a lawyer who serves as a deputy surrogate act as a paid probate-law consultant to other attorneys, even if he does not appear in court or associate with them?
No. The opinion concluded that a court rule barring a deputy surrogate from practicing in any estate or trust matter prohibits him from acting as a probate consultant to other lawyers, because doing…
Can a law firm list its investigator, office manager, or medical assistant by name and title on its letterhead?
No. DR 2-102(A) prohibits letterhead content beyond its enumerated exceptions, and naming nonlawyer staff or their roles is not among the information DR 2-102(A)(4) allows.
Can a former assistant prosecutor be paid by a victim's family to keep prosecuting a case he handled in office?
Qualified yes. He continues as an ad hoc public officer whose client is the Commonwealth, so he must disclose the payment to and work under the supervision of the Commonwealth's Attorney and not let…
May an attorney recommend title insurance to a client and then act as both title examiner and agent for the title insurance company in the same real estate or loan transaction?
Yes, with full disclosure. The committee, adopting ABA Formal Opinion 331 and expressly replacing and withdrawing its earlier Opinion 281, concluded that under DR 5-101(A) and DR 5-104(A) an…
When a deed-of-trust foreclosure becomes contested, can the lawyer who is trustee, or his firm, also represent the foreclosing bank on appeal and in related suits?
The opinion concluded that the lawyer-trustee or his firm may not represent the bank in the contested appeal or related litigation, but may represent the trustee; if the lawyer resigns as trustee…
Can a client hire an investigator on a contingent fee, paid from the recovery, at the lawyer's suggestion?
The opinion concluded it is ethically improper for an attorney to instigate or participate in an arrangement under which the client hires an investigator on a contingent fee tied to the recovery,…
May a former law clerk, now in private practice, represent a client whose case was pending before the judge the lawyer clerked for?
The opinion concluded the former clerk may represent such a client (in court, consultation, research, or investigation) if his contact with the case as clerk was only that it was pending or purely…
Must a lawyer explain all the available fee arrangements to a client even if the lawyer would only take the case on one type?
The opinion concluded that an attorney has an ethical obligation to advise a client fully and fairly about all the various fee arrangements available for a particular matter, even though the lawyer…
Can a West Virginia lawyer also work as a licensed life insurance agent, soliciting business and splitting commissions?
LEI 76-5 concluded a lawyer may hold a life insurance agent's license but must keep the two pursuits wholly separate: he may not identify himself as a lawyer in the insurance business or use it to…
Could a Maryland judge own an office building leased to a lawyer who appeared before the judge?
Yes, on the stated facts. The Committee found no violation so long as the relationship remained strictly landlord and tenant, and declined to decide a future ownership question tied to the judge's…
Can a planning board's attorney advise the board on a matter in which he has a personal or financial interest if the board and the applicant both consent?
No. The opinion concluded that the consent that can cure a personal-interest conflict between private parties is unavailable where the required consent is that of a public body, so the attorney…
Can a lawyer sue a former client in an unrelated case, and can a lawyer who currently represents a married couple later handle a divorce for one spouse?
Mixed. The opinion concluded the lawyer could sue a former client in an unrelated accident case where the prior representation had ended, but he could not, even with consent, turn from representing…
Can a lawyer charge a contingent fee to collect past-due alimony or child support that is already owed?
The opinion concluded that a reasonable contingent fee for collecting past-due alimony and child support is not improper; EC 2-20's caution against contingent fees in domestic relations cases…
Could a Maryland judge serve without pay as an arbitrator in a case pending before a court?
No. The Committee read then-cited Canon XXX as an unqualified ban on a judge acting as an arbitrator, whether or not the judge was paid.
What trust-account books and records did a Minnesota lawyer have to keep?
This now-repealed opinion required every Minnesota lawyer in private practice to keep detailed trust-account records (account identification, a check register, per-client subsidiary ledgers, monthly…
Can a municipal attorney defend a town police officer at a probable-cause hearing in the same municipal court the attorney serves?
No. The opinion concluded the municipal attorney should not represent the police officer at the probable-cause hearing in his own municipal court; the officer has a statutory right to independent…
Can a lawyer who once drew reciprocal wills for a husband and wife later represent the husband in a divorce against the wife?
Yes, on these facts. The opinion concluded the lawyer could represent the husband in the divorce because all of his information for the wills came from the husband and the wife gave him none, so…
After withdrawing from representing a corporation, can a lawyer sue that corporation on behalf of a former officer and stockholder?
Only sometimes. The lawyer may not take the new case if it concerns, is substantially related to, or involves information from the former corporate representation; otherwise the lawyer may proceed.
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.