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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Could a Nebraska lawyer accept a credit card for earned fees and advanced expenses under the rules applied in 1975?
Yes, subject to the opinion's restrictions on publicity, fee increases, unearned retainers, client confidences, and interest charges. The opinion rescinded Nebraska Opinion 72-2.
Can a former city attorney later represent a city employee against the city in a pension matter the attorney handled while in office?
No. The committee concluded that because the former city attorney had substantial responsibility for the employee's pension claim while representing the civil service commission, DR 9-101(B) bars…
Can a lawyer give the administrator of a deceased client's estate a tape recording the lawyer made of the client's confidential discussion?
The opinion concluded that the lawyer could not. Under the confidentiality rule, it would be improper to disclose the contents of the tape recording of the deceased client's discussion, or to…
Can a law firm send its clients a private letter offering to match their charitable gifts to an educational institution?
The opinion concluded that it could. A law firm's private letter offering, with a limit, to match clients' gifts to an educational institution violated no provision of the Code of Professional…
Can a lawyer draft a long-time client's will and trust that names the lawyer's own firm as executor, co-trustee, and counsel for the estate?
The opinion concluded that, on these facts, the lawyer could. Where a client, because of the lawyer's exceptional familiarity with his business and family, asks the lawyer to draft the instruments…
Can a lawyer who serves as a city council member or county supervisor represent private clients in suits involving the city or county?
The opinion concluded that it depends on the matter. A supervisor may not represent a private party in a claim against his own county; a council member's defense of an ordinance he had substantial…
If someone writes to the estate's lawyer announcing a claim against the estate, does the lawyer have to tell them to get counsel before the filing deadline passes?
The opinion concluded that the lawyer had a duty to advise the unrepresented claimant promptly that he had a possible claim and should seek other counsel or contact the register in probate to…
Can a law firm put a paralegal or legal assistant's name on its letterhead, and can paralegals carry firm business cards?
The opinion concluded that, under the rule as it then stood, paralegals' names could not appear on the firm letterhead, but legal assistants could use a business card identifying the firm and their…
Can a voluntary county bar association require every lawyer in the county to accept rotating indigent appointments or pay a fee for declining?
The opinion concluded that a voluntary county bar may require its own members to participate as a condition of membership and may invite non-members voluntarily, using reasonable rules including a…
When a police department's in-house legal advisor counsels an individual officer, is that officer a client, and can the advisor report the officer's confidences to the chief?
The opinion concluded that the advisor's attorney-client relationship is with the police chief, not the individual officers. Counseling officers risks a serious conflict, so officers must be warned…
Can legal aid staff lawyers represent indigent co-defendants in the same case, and can the legal aid board order them to withdraw?
The opinion concluded that staff attorneys are neither forbidden to accept nor automatically required to withdraw from representing indigent co-defendants; each attorney must judge whether a…
Can a district attorney who is salaried as a full-time prosecutor (one not permitted to practice privately) also take private legal clients?
The opinion concluded that the answer turns on the statute. A district attorney paid under the provision for prosecutors not permitted to practice privately owes the county all of his professional…
Can a lawyer who over-collected on one client's judgment apply the excess held in trust to another client's claim against the same debtor when the debtor objects?
The opinion concluded that the lawyer could not. Applying about $200 over-collected from a judgment debtor to a second creditor-client's claim, over the debtor's strong objection, would be improper…
Can a lawyer accept credit cards for legal fees and charge interest on overdue client accounts?
The opinion concluded that both are permitted within limits. Adopting ABA Formal Opinion 338, the committee said lawyers may accept credit cards for legal fees and charge interest on delinquent…
Can a non-profit legal services organization run a bail fund for indigent criminal clients, administered by its staff lawyers?
The opinion concluded that it cannot. The committee found it improper and unethical for a non-profit legal services corporation to maintain a bail fund for the indigent criminally accused…
Could Nebraska lawyers call their practice a 'Legal Clinic' instead of identifying it by the lawyers' names?
No. The opinion required lawyer-name identification and treated 'Legal Clinic' as trade-name surplusage and additional advertising.
Could a Nebraska county attorney, deputy, partner, or associate defend a person charged under state criminal law?
No. The opinion treated the state, county, and public as the county attorney's clients and imputed the prosecution conflict to deputies and firm lawyers.
Could a former Nebraska assistant city prosecutor defend and bring civil-rights claims over an arrest made during the lawyer's tenure?
No. The lawyer's former duty to the city and access to arrest information created a conflict and appearance of impropriety in both matters.
Could a Nebraska lawyer be listed as legal counsel on a chamber of commerce letterhead for occasional unpaid advice?
No. The opinion allowed such a client-stationery designation only when the lawyer devoted substantial professional time to the representation.
Could a Nebraska lawyer who was a partner in an accounting firm also perform legal work through that firm?
No. The lawyer could maintain a separate, independent law practice, but the opinion treated the lawyer's accounting activities as subject to the Code of Professional Responsibility.
Could a Nebraska lawyer serving as a county commissioner defend criminal cases prosecuted by that county?
No. Because the county board acted on the county attorney's budget, the opinion found a potential conflict and an appearance of impropriety in opposing that office in criminal cases.
Could a Nebraska county attorney or the attorney's partner represent a landowner in a state condemnation proceeding?
Not when the land was in the county attorney's own county, including negotiations before filing; appointing special counsel did not remove the prohibition. The opinion found no conflict for…
Could a Nebraska county attorney also represent school districts, cities, or villages?
Yes, when the governmental clients' interests did not conflict and adequate multiple representation was obvious after full disclosure and consent. The lawyer had to withdraw if an actual conflict…
Under this 1975 Nebraska opinion, could a lawyer or bar group publicize the lawyer's attendance at a legal-education seminar?
No. The opinion barred lawyer-arranged publicity and said bar organizations should not identify lawyers who merely attended seminars.
Did sharing office space impute one Nebraska lawyer's ethical disqualification to an otherwise separate lawyer?
Yes. The opinion treated office-sharing lawyers as sufficiently close that one could not accept a representation ethically unavailable to the other.
Could a Nebraska lawyer serving as a legislator, county commissioner, or city council member continue private practice?
Yes, subject to limits on official influence, matters reviewable by the lawyer's public body, and statutory conflicts; the limits extended to associates and office sharers.
Could a Nebraska lawyer participate in a public legal seminar sponsored by a for-profit organization?
Yes, if education was the clear principal purpose. The lawyer could not join a seminar meant to sell the sponsor's products or give audience members specific legal advice.
Could a Nebraska lawyer or firm represent an estate whose executor was the bank where the lawyer served as vice-president and trust officer?
No. The committee treated trust-officer work as inseparable from legal advice on estates, taxation, and trusts and barred the representation.
What kinds of exterior office signs may a Texas lawyer use, and are free-standing, rooftop, awning, or window signs allowed?
The Committee concluded that a free-standing sign, a sign extending above the roofline, an awning or canopy sign, and a window sign not on or near the office door all violate the Code, because DR…
Can a Texas lawyer answer an IRS letter asking about a former client's settled personal-injury case when the lawyer cannot reach the client for instructions?
The Committee concluded that the lawyer must decline the IRS request because the ethical duty to preserve a former client's confidences and secrets is broader than the evidentiary privilege; the…
Can a Texas lawyer post signs or placards in the office or waiting room listing the types of cases the lawyer handles?
The Committee concluded that posting small signs or placards in the office or waiting room that tell readers the types of cases the lawyer handles is unethical solicitation, because such signs reach…
Can a lawyer who serves as a city's mayor or council member practice in the municipal court or represent clients against the city or its police, and does the bar apply to the lawyer's partners?
The Committee concluded that a lawyer who is a mayor or city council member generally may not practice in the city's municipal court or represent interests adverse to the city or to its police…
Can a non-lawyer legal assistant write and sign a debt-collection letter on the law firm's letterhead for the firm's client?
The Committee concluded that a supervised legal assistant may write a letter on the firm's letterhead to collect a client's debt, so long as the assistant is supervised by the lawyer and signs with…
Can a lawyer send an unrepresented debtor a collection letter that spells out, step by step, the legal consequences of not paying?
The Committee concluded that a collection letter to an unrepresented opposing party that sets out in extensive detail the legal results of non-payment violates DR 7-104(A)(2); a lawyer may write the…
If a California lawyer or legal aid office holds client funds in trust but cannot locate the clients, can the lawyer move that money into the firm's general account?
The committee concluded the transfer would be improper. Former Rule 8-101 required client funds to stay in an identifiable trust account with no commingling and recognized no exception for unclaimed…
Can a California lawyer defend a subordinate in a criminal case when the boss pays the fee on the condition that the subordinate not cooperate with the prosecution?
The committee concluded the representation may not properly be undertaken under those facts. Even with the subordinate's informed written consent, the lawyer could not honestly assure the client…
Can California lawyers agree, when their partnership dissolves, that a former partner who later probates a named client's will must split the fee with the other former partners or their heirs?
The committee concluded the arrangement is improper. It violates former Rule 2-108 because the retired or separated partner performs no services and assumes no responsibility on the matter, and…
In a personal injury case, can defense counsel talk to the plaintiff's treating physician without the plaintiff's lawyer's consent?
The committee concluded that, because the physician is not a party, defense counsel's communication with the plaintiff's treating physician about matters as to which the physician-patient privilege…
Can a lawyer tip off a general-circulation newspaper about a change of address, new firm affiliation, or promotion so it gets printed in the business section?
The committee concluded that it is improper for a member of the State Bar to advise a nonlegal newspaper of changes in the attorney's address, professional affiliation, or status, even when the…
Could a Maryland judge appear in a televised mock trial using an actual courtroom and jury panel?
The Committee allowed the judge's role in a single mock-trial program under its funding conditions, but said the production should not use an actual courtroom or jury panel.
Can an interstate law firm use its out-of-state firm name at its Florida office?
The opinion concluded that an interstate partnership with a Florida office may use its firm name in Florida even though none of the lawyers named in the firm name are admitted in Florida, but the…
May a lawyer retained by a law enforcement officers' association also privately represent an individual officer-member in a proceeding involving the association's other members?
The opinion concluded that such representation is permissible in general, but cannot be given blanket approval because conflicts can arise, most clearly where the officers' organization is the real…
Must a Maryland judge recuse when a spouse's nephew appears as counsel, or when another lawyer from the nephew's firm appears?
The Committee required disqualification when either nephew personally appeared. A different lawyer from one nephew's firm did not automatically require recusal; the opinion identified impartiality…
May a lawyer who formerly served a public body represent private clients before that same body, and should a special rule bar all such appearances?
The Committee concluded that existing standards already bar a former public lawyer only from matters in which he had substantial responsibility while employed, and that no new blanket rule…
May a lawyer charge a client interest on a past-due fee, for example by printing a notice that interest accrues on accounts unpaid more than thirty days?
The opinion concluded it is improper to demand interest on delinquent accounts, but a lawyer may agree with the client in advance to charge interest within legal limits, or accept a client's note…
Can a lawyer talk to reporters about a client's transaction when much of the information is already in public records?
The opinion concluded the lawyer may not disclose information furnished by the client or held in the lawyer's files without the client's consent; the lawyer may only tell reporters that certain…
May an individual attorney form a professional corporation that then becomes a partner in the law partnership in which the attorney was formerly a partner?
Yes. The committee concluded that a professional corporation organized to render legal services under the Oklahoma Professional Corporation Act is not a 'non-lawyer' within DR 3-101, 3-102, or…
Must a lawyer withdraw from representing two co-defendants when one pleads guilty and agrees to testify against the other?
The opinion concluded that a lawyer who represents two co-defendants must withdraw from both representations as soon as a conflict appears, even over the clients' objection, where one defendant…
Can a city attorney help his law partner argue a client's appeal before the city council?
The opinion concluded that a conflict of interest exists where a lawyer who is the City Attorney joins his law partner in arguing a private client's appeal before the City Council; under MRPC 1.7…
Can a lawyer sign blank form collection letters for a client to fill in and send out without the lawyer's supervision?
The opinion concluded that it is improper for an attorney to sign a supply of demand letters in blank and let the client fill in the customer's name and amount and mail them, because the attorney…
Can a county attorney's law partner defend criminal cases in other counties, and can the county attorney defend criminal cases in an adjoining state?
No to both. The committee concluded that a county attorney's partner may not defend criminal cases in other Kentucky counties, and the county attorney himself may not appear as criminal defense…
May a lawyer who serves on a municipal advisory board represent private clients before other city agencies and courts?
The opinion concluded that, absent a statute or ordinance prohibiting it, the lawyer may represent private clients before other municipal agencies and courts, provided the client's matter has no…
May a lawyer continue representing landowners after a landowners' association, without his knowledge, recommended his employment?
The opinion concluded there was no impropriety in the lawyer continuing the representation, because he did not authorize, consent to, or know about the association's recommendation and instructed it…
May a lawyer file an affidavit in the county public records stating that former clients failed to pay attorney's fees?
The opinion concluded that a lawyer may not file such an affidavit in the public records, even one that disclaims any lien and any intent to sue, because its purpose was to shame the former clients…
Could a new Maryland judge receive a later share of estate fees from successor counsel when the amount was not fixed in advance?
The Committee declined to decide statutory compliance, but considered rigid rejection of the described arrangements very unlikely if future payments were disclosed and the judge did not hear cases…
May a lawyer employ as an associate a referee of the Court of Criminal Appeals, or appear before city bodies when an officemate is the city's assistant city manager?
No to both. A referee of the Oklahoma Court of Criminal Appeals is barred by statute (20 O.S.1971, § 50) and by the Code of Judicial Conduct from practicing law, so a lawyer may not associate with…
May a lawyer who represents a municipality's board of fire commissioners appear before that town's municipal court for a private client in an unrelated matter?
Yes. The opinion concluded that a fire district is an autonomous body rather than an adjunct of the municipality, so its attorney is not subject to the practice limitations that bar municipal…
Can a lawyer insist on a contingent fee in a personal-injury case when the client could afford to pay an hourly rate?
The opinion concluded that, while a lawyer generally should decline a contingent fee from a client able to pay a reasonable fixed fee, it is not necessarily improper to propose one; the lawyer must…
May a lawyer help arrange a loan at an interest rate that would be criminal usury at home by having the documents signed in another state to invoke its more permissive law?
No. The opinion concluded the lawyer may not participate, because the loan would be criminal loan sharking in New Jersey and assisting it could make the lawyer and clients aiders and abettors;…
May a lawyer practice criminal defense in the same state where her spouse serves as a deputy attorney general prosecuting criminal appeals?
No. The opinion concluded she should not practice criminal defense in New Jersey while her husband is a deputy attorney general in the Division of Criminal Justice, because the situation presents an…
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.