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 take a fixed fee for title work while a mortgage lender collects and keeps an attorney's fee charged in the lawyer's name at loan closings?
The opinion concluded that a lawyer may not participate in a mortgage lender's loan closings in which the lender performs legal or quasi-legal services and collects and retains part of an…
Can 'Of Counsel' describe a brand-new relationship with a firm, not just a former partner or associate?
The opinion concluded yes; the 'Of Counsel' designation may describe either a continuing relationship with a former partner or associate or a new relationship between a lawyer and another lawyer or…
Could a Maryland judge explain judicial duties to a political club?
Yes. The Committee allowed a talk about judicial duties before a political organization and said the judge should arrange a fixed time and leave after speaking, before the club's other business.
Can a lawyer let a prepaid legal service plan list his name, services, and fees in a brochure to its members, and can he distribute or pay for that brochure?
The opinion concluded that a lawyer may permit a qualified legal assistance organization to identify him and state his services and fee schedule in communications to its members, but he may not…
Can a lawyer who shares office space with a trial commissioner defend criminal cases in other courts in the same county?
Qualified yes. The lawyer may take criminal cases except those tried or examined before the office-sharing commissioner, or any case in which the legality of the commissioner's acts may foreseeably…
Can a county attorney represent residents challenging a county contract that predates his taking office?
No. The committee held that the county is entitled to the county attorney's independent judgment about the contract, and his judgment for the county would be adversely affected if he represented…
Can a lawyer use a subpoena to force a witness into a recorded sworn interview without notifying opposing counsel?
No. The committee called the practice a bluff that misuses the subpoena power, since the civil rules do not authorize subpoenas for ex parte investigation.
Can a lawyer who was the subject of a dismissed bar complaint sue the complainant and attach the disciplinary complaint to the damages suit?
No. The committee concluded that suing a disciplinary complainant over a dismissed complaint is frivolous, and that filing the action violated the rule keeping disciplinary matters confidential.
Is it solicitation for a Florida lawyer to ask a title company to let him examine its title work for a fee?
The opinion concluded that a lawyer asking a title insurance company to let him examine its work product for a fee, to give his client added assurance of marketable title, is not solicitation where…
Which public officers and their firms can accept assigned counsel work defending indigent criminal defendants under a county Article 18-B plan?
The opinion concluded that the plan's administrator, assistant district attorneys, county attorneys, county board members, probation officers, and their partners may not take Article 18-B…
Under the 1976 Maryland judicial ethics rule, could campaign contributions go to a candidate's treasurer or a voluntary committee's treasurer?
Yes, under the law discussed in the 1976 opinion. The Committee said contributions for a single judicial candidate could go to either treasurer, while declining to decide separate statutory…
Did Maryland's judicial ethics Canons or Rules bar a judge's spouse from legislative assistant work?
No. The Committee said the Maryland Canons and Rules of Judicial Ethics did not address the nature of employment accepted by a judge's spouse.
What must a lawyer do who is asked to document a corporate merger involving an illegal unregistered securities issuance, when the lawyer is also an officer and house counsel of an affiliated company?
The committee concluded that it is improper for the attorney to continue representing the client in the illegal securities transaction; the attorney should try to persuade the officers that the…
Can an attorney who sits on a municipal zoning board of adjustment represent a private client in a lawsuit against that same municipality?
No. The opinion concluded the representation was improper because the attorney was part of the municipality's official family, and suing it created a public appearance that adverse interests had…
Can a lawyer who helps run a lawyer referral service accept clients referred to him by that service, and can his firm?
The opinion concluded that a lawyer actively associated with the direction or administration of a lawyer referral service may not accept referrals from it, and neither may his partners or…
Could a Maryland judge manage a spouse's cousin's affairs under a power of attorney?
A majority allowed the described attorney-in-fact role if it did not interfere, or appear to interfere, with judicial duties. The opinion said the judge could not hold legal title to the assets and…
Did Canon 6C financial disclosure apply to an inactive supernumerary justice?
No. The Commission said Section 6, Paragraph C of the Canons did not apply to inactive supernumerary justices.
Can a law firm represent a city in one matter while other lawyers in the firm represent private clients against the city in unrelated matters?
The opinion concluded a law firm specially retained to represent a municipality in a labor matter may take that engagement, and other lawyers in the firm may appear before municipal boards or…
Can a lawyer in private practice list a public office, such as county judge, on the firm letterhead?
No. The committee answered that a lawyer may not reference a position as county judge or other public official on private-practice letterhead, resting on the earlier Opinion KBA E-84.
Can a lawyer who serves as a police officer and legal adviser to a county police department also defend criminal cases and handle car-accident matters in private practice?
No to criminal defense anywhere; the same bar that applies to prosecutors applies to the lawyer-officer and the firm. Car-accident cases are allowed only outside the department's territory and only…
Can a part-time U.S. Magistrate represent local governments and agencies on a retainer when he could later have to disqualify himself?
Qualified yes. The committee concluded a part-time U.S. Magistrate may represent local governmental organizations and agencies in civil matters on a retainer, except in matters that may come before…
Can a county judge furnish probate and final-settlement forms to personal representatives, and can his clerks fill them out?
The committee concluded a county judge who is a lawyer may furnish blank form petitions and a settlement format, but neither he nor his lay clerks may prepare or help prepare the petitions and…
Can a criminal-defense lawyer who has entered an appearance fail to prepare and move to withdraw on the day of trial because his fee was not paid?
No. The committee concluded that once the lawyers told the court they represented the defendant and rendered services, an attorney-client relationship existed; they could not skip trial preparation…
Can a lawyer who occasionally sits as county judge pro tempore still defend criminal cases in the county's quarterly and circuit courts?
No bar in this case. The committee concluded that a lawyer who sits as county judge pro tem only about two weeks a year is not subject to the restrictions placed on a regular county judge, except…
Can the law partners and associates of a part-time U.S. Magistrate defend criminal cases in state court?
Qualified yes. The committee concluded that a part-time U.S. Magistrate, and therefore his partners, associates, and employers, may defend criminal cases in state court, except where the facts…
Can a prosecutor amend a criminal complaint up from a misdemeanor to a felony after the defendant pleads not guilty?
The opinion concluded that, on these facts, it is not ethically improper to amend a complaint up from a misdemeanor to a felony after the defendant declines to plead guilty, because the prosecutor…
Can attorneys participate in a third-party plan that finances clients' legal fees through a revolving credit arrangement?
The opinion concluded that attorneys may participate in a third-party plan financing clients' legal fees, finding no ethically objectionable features where the client is given the option to pay…
Can a lawyer who investigated a claim for a former client later represent a claimant against a co-surety, when a contribution claim might reach the former client?
The opinion concluded that it would be improper. A lawyer who investigated a bond claim for a former client cannot later represent the claimant against the co-surety in the same matter, even where…
Can a law firm or legal-service corporation practice under a trade name like 'City Legal Clinic'?
The opinion concluded that it would be improper to use the name 'City Legal Clinic' for either a law partnership or a legal-service corporation, because it is a trade name that misleads the public…
Can a lawyer who serves as a state legislator represent clients for compensation before a state agency the legislature funds and oversees?
The opinion concluded that an attorney-legislator should be prohibited from representing clients for compensation before a state agency over which the legislature exercises appointment, removal, and…
Can a part-time city or village attorney take private criminal defense cases in the same county where the district attorney prosecutes?
The opinion concluded that it generally is not improper. A part-time municipal attorney who handles only traffic and ordinance matters for the city may defend private clients on criminal or state…
Can the law partners of a part-time assistant district attorney defend private criminal clients if there is full disclosure and consent?
The opinion concluded that they cannot. A part-time assistant district attorney may do no criminal defense work, and that disqualification extends to the partners and associates of the firm, even…
Can a law firm or professional corporation use 'and Company' or '& Co.' in its name?
The opinion concluded that a law firm may not use 'and Company' or '& Co.' in its corporate name. The committee found the term too allied with business or industrial purposes, a substantial…
Could a Nebraska lawyer defend a friend against an assault complaint made by the lawyer's former client?
Yes, where the former matter was wholly unrelated, but the lawyer still had to preserve all information obtained from the former client.
Could a Nebraska lawyer join a sports-management corporation that marketed legal and management services to professional athletes?
No. The proposed company intertwined legal work with solicitation, referrals, a feeder business, and possible nonlawyer ownership and fee sharing.
Can a lawyer use a paralegal for criminal investigative work, including interviewing prisoners outside normal business hours?
LEI 76-7 concluded a lawyer may delegate non-ministerial tasks such as factual investigation, legal research, and document preparation to paralegals and other nonlawyer staff, provided the lawyer…
Could a Nebraska title lawyer charge a real-estate seller for corrective title work requested through the lender?
Only if the seller employed the lawyer directly or through the lender. Without that contractual relationship, the lawyer had no fee claim against the seller.
Could a Nebraska county attorney prosecute a murder trial after helping obtain a confession about which the attorney might testify?
No. Because the county attorney ought to be a witness on voluntariness, the opinion required disqualification from participating in the prosecution.
Could a Nebraska lawyer announce availability to perform legal research for other lawyers?
Yes. The lawyer could use oral notices, cards, annual mailings, and legal-journal notices, but could not claim specialization or special competence.
Was a Nebraska appointed defense lawyer disqualified because the lawyer's city-council spouse advocated strict drug-law enforcement?
No. If appointed by the district judge, the lawyer had no Code conflict based on the spouse's city-council role and enforcement position.
After a lawyer is elected prosecuting attorney, can his office associates or partners defend criminal cases in adjacent counties or in federal court?
Formal Opinion 76-3 concluded that, once the inquirer became prosecuting attorney, his office associates or partners (whether or not technically partners) could not represent criminal defendants in…
Could a Nebraska lawyer contact a represented public institution's administrators or board directly to collect a judgment?
No, while the institution's lawyer remained active. Direct contact required counsel's consent, legal authorization, or termination of the attorney-client relationship.
Can a lawyer who has left practice to sell insurance put 'Attorney at Law,' 'Former Practicing Attorney,' or bar membership on an insurance business card?
LEI 76-2 concluded that identifying oneself as a lawyer on an insurance company business card is proscribed by DR 2-102(E); because the inquirer was not licensed in West Virginia, calling himself an…
Could a Nebraska divorce lawyer take the husband's unilateral home mortgage to secure future fees?
No. The opinion found the mortgage probably illegal without the wife's signature and a prohibited proprietary and financial interest in the litigation.
Could a Nebraska county attorney prosecute a former divorce adversary for nonsupport arising from that case?
No. The opinion directed the county board to employ a special prosecutor because the charge arose from the same divorce in which the county attorney had represented the wife.
Could a Nebraska county attorney privately represent a client in claims adverse to a state land board?
No. The opinion held that the county attorney's statutory duty to the state was paramount and required declining the adverse private representation.
Could a circuit judge appoint an uncle by marriage as bailiff?
No. The Commission said the appointment would violate Canon 3B(4) and, once the bailiff became a state employee, the then-cited Alabama nepotism statute.
Under this rescinded Nebraska opinion, could a lawyer contract with a federal credit union to offer limited-fee consultations to members?
The opinion said yes if the arrangement met former DR 2-103(D)(4) and publicity was limited, but Nebraska Opinion 86-2 rescinded it.
Could Nebraska lawyers receive additional Yellow Pages listings organized by sub-geographic area?
Yes, if all lawyers in the metropolitan area were included; a sub-geographic listing limited to only some lawyers was not appropriate.
Could a Nebraska lawyer use a reasonable contingent fee to represent the plaintiff in a contested paternity case?
Yes. The opinion distinguished paternity support from divorce alimony and property settlements and found a reasonable contingent fee proper.
Could a Nebraska lawyer mail new-office announcements and hold an open house after relocating within the community?
Yes. Brief announcement cards could go to specified personal and professional contacts, and an open house could be limited to clients and lawyers.
Can a lawyer who is also a licensed real estate broker run the real estate business out of the law office and put both on the office sign?
LEI 76-1 concluded an office sign showing both 'Attorney at Law' and the lawyer's name as a real estate broker was improper, because it advertised the real estate business conducted from the law…
In which telephone directories may a Texas lawyer list a number, and how many numbers may the lawyer list?
The Committee concluded that a lawyer may be listed in any directory covering an area where he resides, maintains an office, or where a significant part of his clientele resides, in both the…
Can a lawyer represent a husband on appeal in a matrimonial case when the wife once consulted the lawyer's firm about that same matter, even though she never retained it and paid no fee?
No. The opinion concluded the lawyer and all members of his firm were precluded from writing the husband's appeal, because the wife's earlier consultation, though brief and unpaid, created a duty to…
Can one lawyer represent a client both as the administrator of an estate (with the will annexed) and individually as a pretermitted heir claiming a share of that estate?
The committee concluded the representation is proper. The administrator with the will annexed is, in an heirship proceeding, essentially a stakeholder whose representative-capacity interests are not…
Can a prosecutor tell a crime victim that they could sue the offender in small claims court to recover their property loss?
The committee concluded a prosecutor may give a crime victim information about available civil remedies in response to the victim's inquiry, and may even volunteer it, so long as the prosecutor is…
After a criminal trial ends, can a prosecutor tell jurors about facts that were kept out of evidence, like the defendant's prior convictions?
The committee concluded it is improper and unethical for a prosecutor, after the jury is discharged, to inform jurors of inadmissible prejudicial or aggravating facts such as the defendant's prior…
Can a California lawyer advance the costs of a lawsuit for a client who probably cannot repay them, when the lawyer is unlikely to sue the client to collect?
The committee concluded it is ethically proper to advance litigation costs even where repayment is unlikely, provided the client remains ultimately responsible for the costs and is informed of that…
In a child custody case, can a lawyer tell the court that the client's interests conflict with the child's when the lawyer learned that from the client's confidences?
The committee concluded the lawyer may not. Because the conflict was learned from the client's confidences or secrets, disclosing it (or even suggesting the court appoint separate counsel for the…
Can a Florida lawyer write a newspaper column on legal topics and be named as the lawyer-author?
The opinion concluded a lawyer may prepare and contribute articles on general legal subjects to newspapers and may be identified by name and as an attorney, receding from earlier restrictions on…
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.