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 Florida lawyer bill the client separately for in-house secretarial time as a cost?
The opinion concluded that separately billing a client for ordinary in-house secretarial time, though not specifically prohibited by the Code, is unprofessional and undignified and should be…
Can a Florida lawyer help arrange loans for clients' living expenses repaid from their case settlements?
The opinion concluded a lawyer may not participate in an arrangement in which a loan company makes living-expense loans to the lawyer's clients on the condition that the lawyer co-signs an agreement…
Can a lawyer in a matrimonial case just draft the divorce decree and leave alimony, support, custody, and property division for the client to handle later?
The opinion concluded that an attorney handling a matrimonial matter must, at a minimum, inform the client that custody, support, alimony, and property division are issues to be considered, and may…
Can a part-time county legislator defend a criminal case in the same county where the district attorney's office is funded by his legislature?
The opinion concluded that a part-time county legislator may not represent a defendant in a court where the prosecuting district attorney's office is funded by the county legislature of which the…
May a lawyer who employs one or more other lawyers practice under a name using the word 'Associates' after his own name, such as 'John Doe and Associates'?
Yes, in defined circumstances. The committee, following ABA Formal Opinions 310 and 318, concluded that 'John Doe and Associates' is proper where a sole practitioner employs other attorneys, but…
May a New Jersey lawyer who teaches at a state college use the title "Doctor" and his "J.D." degree solely in connection with his academic position?
Yes. The opinion concluded the lawyer may ethically use his J.D. degree and the title "Doctor" strictly in connection with his academic position, even though New Jersey did not permit use of the…
Can a law firm or professional corporation merge with or operate a collection agency business?
The opinion concluded that it is improper under the Code for a law firm or professional corporation that practices law to merge with or engage in the business of a collection agency, which must be…
Can a lawyer hire a secretary who is leaving a firm the lawyer has pending adversarial matters against?
The opinion concluded that the lawyer may hire the departing secretary, but if the secretary holds confidential information about the pending adversarial matters, the lawyer must caution the…
Can a county attorney also serve as attorney for a fourth-class city in the same county, or share an office with the city's attorney?
Qualified yes. The committee concluded a county attorney may also represent a fourth-class city in his county, and may share an office with or be the partner of the city attorney, but if an actual…
Can a county attorney share an office with a city police court judge?
No. The committee held that a lawyer sharing offices with a police judge cannot prosecute cases originating before that judge, and a county attorney's prosecutorial duties would force him to…
Can a law firm appear before a state board when one of its members serves as the board's director?
No. The committee held that because the Director can exercise considerable influence over cases before the Workmen's Compensation Board, the firm's members and associates may not practice before it…
Can a lawyer hired by an accountant review the work of the client's own lawyer and present those views to the client's board?
The opinion concluded that an accountant's lawyer may review another lawyer's pension-plan work to advise the accountant, and may present those views to the client's board with the client's consent,…
Can a district attorney announce a blanket policy of seeking jail for a certain crime and send judges ex parte letters stating that policy?
The opinion concluded that a prosecutor's dignified public statement of a general sentencing policy is not improper per se if carefully phrased, but unsolicited ex parte communications to judges…
Could Maryland judges take part in simulated juvenile-case videos for education?
Yes, for the educational simulations described. The Committee found judicial participation unobjectionable but told the judges to account for the then-cited camera rule and any stricter local…
Could a Maryland judge serve as treasurer of a small church?
The Committee said it would be preferable for the judge not to accept the treasurer post. Rule 9 did not bar religious officers generally, but prohibited a judge's participation in fundraising and…
Can a new district attorney's assistants prosecute cases that the DA defended as Legal Aid chief before taking office, if he screens himself off?
The opinion concluded that where a newly appointed district attorney was the Legal Aid Society's chief attorney and attorney of record on cases still pending, his assistants may not prosecute those…
Can a group legal service plan set a fee schedule in advance with participating lawyers, with the fees paid by plan members rather than the sponsor?
The opinion concluded that a qualifying group legal service plan may include a fee schedule agreed in advance between the lawyer and the sponsor, payable by individual beneficiaries rather than the…
What guidelines govern a lawyer who participates in a group legal service plan, including a labor union's plan, under New York's 1975 Code amendments?
The opinion concluded that lawyers may participate in group legal service plans sponsored by qualified legal assistance organizations under the 1975 Code amendments, subject to detailed conditions,…
Can a part-time county legislator represent a client in court against the county attorney his own legislature appoints?
The opinion concluded that a part-time county legislator may not appear in court in his county against the county attorney or an assistant county attorney where that county attorney is appointed by…
If a statute bars a legislator from appearing before a state agency but expressly lets his firm's other lawyers appear, may they?
The opinion concluded that partners and associates of a legislator's firm may appear before a state agency the legislator cannot, only where a statute expressly authorizes such appearances by firm…
Could a Maryland judge serve on a charity's legal advisory board when the charity might be involved in the judge's court?
The Committee said it would be highly desirable to decline the appointment. It identified possible court involvement, public concern about objectivity, and the risk that a legal advisory role would…
Can two lawyers who are not in the same firm agree up front on how to split the fee for a shared matter?
The opinion concluded that lawyers who share services and responsibility for a matter but are not partners or associates may agree in advance on a fee division, provided it is proportional to…
Can an assistant DA go into an outside, non-law business with a defense lawyer who appears against the DA's office, if he recuses from those cases?
The opinion concluded that an assistant district attorney may not enter a business unrelated to law practice with an attorney who defends clients prosecuted by the DA's office, and that recusing…
May a lawyer donate legal services to a charity so the charity can auction those services as a fundraiser?
No. The opinion concluded it is improper under DR 2-103 because the arrangement puts the charity in the position of recommending the lawyer and being paid by him for the introduction; donating…
Is an assistant county counsel in a conflict of interest if his wife is elected or appointed to the county board of freeholders that he serves?
No, not per se. The opinion concluded that because both the wife as a freeholder and the husband as assistant county counsel would act on behalf of the whole county, there was no conflict of…
May the law partner or associate of a municipal court judge serve as a lay member of a municipal planning board or board of health in the same town?
Yes. The opinion concluded that serving in an individual lay capacity (not a representative one) on any municipal board other than the governing body is not a conflict, even though the lawyer's…
May a municipal prosecutor represent a private client in a driver's license revocation hearing before the Director of the Division of Motor Vehicles?
Yes. The opinion concluded there is no impropriety, provided the offense did not occur in the prosecutor's own municipality, applying R. 1:15-3(b) rather than the general conflict rule DR 5-105.
Can a criminal defense lawyer charge a contingent fee, or a bonus tied to acquittal or a lighter sentence?
The opinion concluded that any contingent fee in a criminal case is improper, including a fixed bonus contingent on a result like acquittal or probation, but a reasonable non-contingent fee may take…
When a lawyer moves from the plaintiff's firm to the defendant's firm in the same lawsuit, must the new firm withdraw even if the lawyer is screened off from the case?
Yes. The opinion concluded the new firm must immediately withdraw, because DR 5-105(D) imputes the lawyer's individual disqualification to the whole firm and the appearance of conflict persists…
Can a law firm invest its client escrow balance and keep the interest to cover the cost of accounting for the account?
No. The committee held the interest on escrowed client funds would benefit the firm, not the fund owners, so the firm could not invest the balance and keep the interest for its accounting expense.
Can a lawyer be hired by a bail bonding company to represent a criminal defendant and negotiate a plea?
No. The committee held that a lawyer may not knowingly let a bonding company that recommends, furnishes, or pays for legal services promote the lawyer's services; bonding companies are not within…
Can a lawyer do part-time claims adjusting for an adjusting company alongside a law practice?
Qualified yes. The committee allowed it if the adjusting business is kept separate and the lawyer declines to be retained as a lawyer in any matter he handled, or a related matter, as an adjuster.
When a lawyer leaves a firm, can he mail office-opening announcements to the firm's clients he personally served?
The opinion concluded that a departing lawyer may send formal announcements of his new office to clients of his former firm whom he knows personally and for whom he performed services, and those…
Can a firm keep suing a driver one partner used to represent on the same accident, even after that case settled and everyone consents?
The opinion concluded that a partnership may not continue to represent personal-injury plaintiffs against a driver whom one partner formerly represented on the same accident, even though that claim…
Can a married couple both be lawyers in the same county, one an assistant DA and the other an assistant public defender?
The opinion concluded that the spouse of an assistant district attorney may serve as a part-time assistant public defender in the same county, but an assistant public defender may not represent an…
Can a lawyer who is co-executor and estate counsel share trial counsel's fee in a wrongful-death case without doing the work?
The opinion concluded that a lawyer-co-executor may share trial counsel's fee only if the client consents, the division is proportional to the work performed and responsibility assumed, and the…
Is it an ethics violation for a lawyer to routinely ignore phone calls and letters from other attorneys?
The opinion concluded that a lawyer who, as a course of conduct, fails to respond to other attorneys' telephone calls and correspondence violates the Code's provisions on courtesy and cooperation in…
Can a criminal defense lawyer get a private-investigator license to run his own case investigations?
The opinion concluded that a lawyer may hold a separate occupation such as private investigator, subject to the Code's limits on using that occupation as a feeder for legal work; using the license…
Can a criminal defense lawyer tell the authorities where the client hid the stolen property the client is charged with taking?
The opinion concluded that a lawyer for a larceny defendant has no duty to reveal the location of the stolen property and that doing so without the client's consent would be improper, because the…
Can a lawyer challenging a split board of education's decision contact the dissenting board members without the board attorney's consent?
The opinion concluded that, because a public body is involved, DR 7-104(A)(1) carries a limited implied exception: minority members who voted against the contested decision are not treated as…
Can a lawyer file a class action naming himself as the class representative and seek his own attorney's fees?
The opinion concluded a lawyer may not file a class action in which he is a named plaintiff seeking to represent the class while also seeking recovery of attorney's fees for himself for representing…
Can a lawyer take a federal indigent-defense appointment when his associate is a part-time assistant public defender?
The opinion concluded that, as a matter of legal ethics, a lawyer may accept a federal-court appointment to represent an indigent criminal defendant even though his associate is a part-time…
Can a firm with a part-time assistant state attorney represent a public body when the state attorney is served in that suit?
The opinion concluded the firm may not, because one lawyer's conflict of interest is imputed to the whole firm, so a firm with a part-time assistant state attorney cannot represent a public body in…
Is it improper for government-employed attorneys to perform legal work under two or three levels of lay supervisors who can review their legal advice?
Not necessarily. The committee concluded that the form of organization and the existence of lay supervision do not by themselves make a government lawyer-employee's situation unethical; the crucial…
What may a lawyer include in a classified telephone directory listing beyond name, address, and office number?
The opinion concluded that a lawyer's classified directory listing may include the firm name, a night or alternative telephone number, the office building name, suite, zip, and cable address, but…
After a conviction, can defense counsel hire an investigator to befriend a key prosecution witness to find out if the testimony was perjured?
The opinion concluded that defense counsel who has reason to suspect perjury may employ a private investigator to befriend a key prosecution witness to test the truthfulness of the testimony, so…
When a law firm writes a newsletter for a client to sell to the public, can the newsletter name the lawyer and firm who prepared it?
The opinion concluded that an unembellished statement naming the lawyer and firm who prepared the newsletter is permissible, but the newsletter may not promote the firm's or lawyer's competence,…
Under Maryland's 1975 opinion, could a judge running for election attend political fundraisers and contribute to supporters?
Yes, during the opinion's specified election period and for groups supporting the judge's own candidacy. The Committee said the judge could not contribute to or publicly endorse another candidate.
Can a lawyer close loans and certify documents the lender prepared, when the lawyer does not actually supervise the drafting?
No. The committee held a lawyer may certify documents under the Scrivener's Statute only if he meaningfully supervised their preparation; the arrangements here showed he did not, so he could not…
Can a lawyer who serves as a Quarterly Court trial commissioner in one county defend a criminal case in a different county?
Yes. The committee held the bar on a subordinate-court judge defending criminal cases is limited to his own county, and the appearance-of-impropriety concern does not reach a commissioner practicing…
Can a lawyer let a business client name him as its lawyer in the client's commercial advertising?
No. The committee held that naming the lawyer in the client's ad publicizes the lawyer in his behalf, which the former advertising rule barred, regardless of whose idea it was.
Can a lawyer running for office say in a campaign ad that he is both a lawyer and a CPA?
Yes. The committee held both credentials were germane to a Lieutenant Governor campaign, and the bar on a lawyer advertising as a CPA applies only in a professional, not a political, context.
Can a law firm turn delinquent fee accounts over to a collection agency to recover unpaid fees from former clients?
The opinion concluded that using a collection agency to recover attorneys' fees was improper. This opinion was later overruled by N.Y. State 608 (1990).
Can a lawyer let a loan company file form collection suits in his name and keep the attorney's fees the suits recover?
The opinion concluded that the arrangement is improper under MRPC 5.3, 5.4, and 5.5: a lawyer who lets a loan company file fill-in-the-blanks declarations in his name, takes the contested cases, and…
Can a law firm that regularly represents a County Board of Supervisors also defend people charged with crimes in that same county?
The opinion concluded that it is not unethical for a lawyer or firm that regularly represents a County Board of Supervisors to defend criminal cases or handle civil cases in the same county, because…
Can a developer's lawyer who is also a title insurance agent keep part of the buyer's title premium as a fee?
The opinion concluded that a lawyer who represents a condominium developer and is also an agent for the title insurer may retain part of the premium the purchaser pays for title insurance as part of…
Can a lawyer who is a corporate director have the firm named in the company's annual report?
The opinion concluded a lawyer serving as a corporate director may permit the firm to be identified in the corporation's annual report where that is required by SEC or other governmental…
Can a lawyer charge interest on a client's overdue bill, or accept a credit card that charges the client interest?
The opinion concluded that charging interest on delinquent fee accounts, including through a credit-card plan, is not per se improper, provided the client is told in advance of the rate and timing…
May a lawyer draw a sale or lease contract at a real estate broker's request and be paid by the broker, where the lawyer represents neither party to the contract?
No. The opinion concluded the arrangement is improper and violates DR 5-107(B) and DR 3-101(A), the rules on third-party direction of a lawyer and aiding a nonlawyer in the unauthorized practice of law.
May a lawyer serve as legal advisor to a physicians' malpractice newsletter, be named as its advisor, write a regular column, and speak at its seminars?
In the abstract, yes. The opinion concluded the four proposed activities are permissible as public legal education under EC 2-2, but cautioned the lawyer must avoid self-laudatory conduct that would…
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.