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 Kentucky county attorney represent private clients before the Workers' Compensation Board?
Yes. The committee, on review, concluded that a county attorney commits no conflict of interest by presenting private claims before the Workmen's Compensation Board merely because a statute might…
May a lawyer delegate to nonlawyer staff the handling of negotiations with insurance adjusters on the lawyer's clients' claims?
The opinion concluded that lawyers may not delegate to lay persons the handling of negotiations with insurance company adjusters, because such negotiation requires the lawyer's professional judgment…
May a lawyer who is also a title insurance company agent solicit and write title insurance on property purchased by the lawyer's client or on which the lawyer rendered a title opinion?
The committee concluded that a lawyer may serve as a title insurance company's soliciting or issuing agent while practicing law, provided the second business is conducted under the Code's standards…
Can a lawyer who represented petitioners in an incompetency proceeding later serve as committee for the person found incompetent if everyone consents?
Yes. The committee concluded that, with informed consent of all interested parties and where the lawyer can adequately represent every interest, he may accept the committee appointment, because…
Can one law partner serve as juvenile court trial commissioner while the other partner serves as Commonwealth attorney in the same county?
No. The committee concluded that the two offices of juvenile trial commissioner and Commonwealth attorney should not be held by members of the same firm, because the partnership would create an…
Can a lawyer take a fee to run a university student-government legal advising service that only gives advice?
Qualified yes. The committee concluded a lawyer may direct such a group legal-advice service if it is operated strictly under RCA 3.475 and DR 2-103(D): the student government may not profit or…
May a municipal prosecutor be politically active in a neighboring municipality and elsewhere in the county where he serves?
Yes. The opinion concluded there was nothing unethical in the proposed political activity, since the rules barring political activity reach the judicial branch rather than municipal prosecutors, and…
Could unopposed Maryland judges continue speaking and working for opposed colleagues in their joint election campaign?
Yes, on the facts described. The Committee treated the unopposed judges as candidates through the general election and allowed them to keep speaking and working for the joint campaign, with no new…
Can a lawyer who is guardian for an incompetent ward also examine the title for the buyer and lender when the ward's land is sold?
The opinion concluded that the lawyer-guardian should decline to examine the title for the purchaser and lending institution, because the ward (the real party in interest) cannot give meaningful…
May a law firm professional association include nonshareholder attorneys' names in its name, and may a lawyer practice under a nickname?
The opinion concluded that a professional service corporation may not include the names of nonshareholder attorneys in its name, that it may practice under a name identical to its corporate name…
Does the interstate-partnership rule let an out-of-state firm open a Florida branch office to serve its out-of-state clients?
The opinion concluded that the interstate-partnership concept does not cover branch offices of an out-of-state firm designed primarily to serve out-of-state clients who spend time in Florida; a true…
Can a public defender share an office with a trial commissioner from a different county if his duties never take him before that commissioner?
Yes. The committee concluded the office-sharing arrangement is proper because the public defender's duties would not require him to appear before the commissioner, so no inference of improper…
Can a plaintiff's lawyer send the defendant's insurance carrier a copy of a demand letter addressed to the defendant's attorney?
No. The committee concluded that copying the demand letter to the carrier in order to bypass the defendant's attorney is a prohibited communication with a represented party under DR 7-104, and…
Can an attorney who serves as a criminal trial commissioner share office space with an assistant county attorney who prosecutes in the same court?
No. The committee concluded the office-sharing arrangement is improper because a judge must avoid even the appearance of impropriety, and the public could not maintain faith in an impartial…
Could a Minnesota city or municipal attorney defend criminal cases?
The opinion, since repealed, concluded a municipal attorney could not defend a criminal case arising within the city served, and could defend cases elsewhere only if doing so created no conflict and…
Can a firm take a matter adverse to a former client of a lawyer who once shared offices under the firm name, and can a lawyer-witness's partner serve as advocate where the firm's testimony is essential?
On Inquiry 1, no: a lawyer who held himself out under the firm's name (cards, stationery, pleadings) is treated as an associate, so the former client is treated as the firm's client, and the firm…
May a part-time municipal judge who also keeps a private practice represent a client trying to get a platted street in that same municipality vacated?
No. The committee concluded that because the public at large of the municipality occupies a position at least equivalent to a client of the municipal judge, and the city may oppose vacating a…
May a lawyer sue a hospital when a member of the lawyer's firm sits on the hospital district's commission?
The opinion concluded that it is improper for a lawyer to represent a client suing a hospital when a member of the lawyer's firm is a member of the commission for the hospital district in which the…
Should a lawyer assert the lawyer-client privilege in a supplemental proceeding after an unsatisfied judgment?
The committee declined to issue an advisory opinion, because the inquiry did not relate to the inquiring lawyer's own conduct; whether the privilege should be asserted is for the affected lawyer and…
Do the rules on contacting petit jurors also apply to contacting grand jurors?
The committee concluded that the same ethical considerations governing a lawyer's communication or contact with petit jurors before, during, and after trial apply to communication or contact with…
Can a lawyer own stock in a corporation formed to sell legal-fee insurance policies?
The opinion concluded that, absent a statutory prohibition, a majority of the committee saw nothing per se unethical in a lawyer merely owning stock in a corporation formed to sell legal-fee…
Can a court-appointed criminal defense lawyer later represent the same client in a civil suit against the government arising from the same events?
The opinion concluded that court-appointed criminal counsel may represent the same client in a later civil action against the government or a public officer based on the same matter, and that the…
May a lawyer take a retainer from a for-profit corporation that signs up dues-paying tenants and furnishes them the lawyer's services at no separate fee?
No. The opinion concluded the arrangement was clearly improper, referring the inquirer to DR 2-103(D), which barred a lawyer from furnishing legal services to subscribers through such a for-profit…
What may a lawyer say in an announcement sent to other lawyers offering his availability as a consultant in a specialized field, and may he list an earned degree?
The opinion concluded the announcement may state availability to consult in planning and zoning, but may not use non-branch labels like environmental or housing, may not note an earned degree (New…
May a lawyer sue a defendant in one case while representing that defendant's spouse in an unrelated pending matter?
No. The opinion concluded the lawyer should withdraw from suing the wife in the slander action while representing her husband in a pending workers' compensation case, because the appearance of…
If a lawyer represents a town-created nonprofit housing association whose trustees are appointed by the mayor and council, may he also appear for private clients before that town's boards?
No, not both. The opinion concluded that counsel for such an association must choose between representing the agency, which precludes the lawyer and his firm from appearing before the town's bodies,…
Can an out-of-state lawyer who refers a case collect a referral fee based on a percentage of the receiving lawyer's fee when the receiving lawyer does all the work?
The opinion concluded that, under DR 2-107(A)(2), a lawyer may divide a fee with a lawyer in another firm only in proportion to the services performed and responsibility assumed by each. A fee for…
Is a settlement agreement between a plaintiff and one of two co-defendants that realigns the parties' interests ethical, and must it be disclosed?
The opinion concluded that such an agreement is not maintenance or champerty and is not unethical, so long as it is disclosed to the court and all parties when the agreement is made. Because the…
Could a Maryland judge attend a testimonial dinner in the judge's honor?
Yes, if the dinner was neither directly nor indirectly tied to fundraising or solicitation. The Committee said even a ticket price above meal cost would count, and any gift would matter for the…
May one attorney represent both the husband and the wife in a divorce where the pleadings put them in an adversary position?
No. The committee concluded that an attorney who filed the divorce petition for the plaintiff-wife became disqualified from also representing the defendant-husband and filing a responsive pleading…
Could Maryland judges who were immediate candidates in a joint retention campaign publicly support one another?
Yes. The Committee read Canon XXVII's election exception to permit immediate judicial candidates to endorse and work for one another in a united campaign, while still treating endorsements for…
Must a Minnesota lawyer who agreed to arbitrate a fee dispute honor the arbitration award?
Yes, under this now-repealed opinion: a lawyer who signed an agreement to arbitrate a fee dispute committed professional misconduct by refusing to honor and carry out the final arbitration decision.
What should a lawyer do when there is good reason to doubt a litigation client's mental competency?
The opinion concluded that a lawyer with good reason to doubt a client's competency must tell the client and ask permission to seek a judicial competency determination; if the client refuses, the…
Could a citizens' group use a Maryland judge's individual robe photograph in judicial election materials?
Yes. The Committee said then-cited Canons and Rules did not prohibit or limit individual robe photographs in campaign publicity, including a citizens' group's endorsement materials; the restriction…
When a lawyer joins a new firm, may that firm keep representing clients adverse to clients of the lawyer's old firm?
The committee concluded it is not improper for the firm to continue the adverse representation, so long as the new partner did not personally represent the adverse clients at the former firm and all…
May a lawyer show earned law degrees (J.D., LL.M., S.J.D.) on letterhead and use the title 'Doctor'?
Yes. Superseding its earlier Opinion 247, the committee concluded that under DR 2-102(F) a lawyer may show earned law degrees (LL.B., J.D., LL.M., S.J.D.) on his letterhead, card, office sign, and…
Can a law firm's paralegal prepare real estate documents, attend closings alone, and use a 'Legal Assistant' title on cards and stationery?
The opinion concluded that a paralegal may prepare real estate documents under an attorney's supervision and full responsibility, but may not attend closings without an attorney present, and at the…
What are a lawyer's duties when representing 'heir-finders' whose business may be unlawful, and can the lawyer keep representing them?
The opinion concluded that a lawyer who believes heir-finding by laymen is unlawful must tell the client so, but may continue the representation as long as the lawyer does not knowingly assist…
Can a law firm have employees who are admitted in another state but not Florida take depositions for the firm?
The opinion concluded that law-firm employees not admitted in Florida may not take depositions for the firm or do any work that constitutes the practice of law, even if they are law-school graduates…
Can a lawyer take a creditor's collection suit through a collection agency the creditor authorized to hire counsel on its behalf?
Yes. The committee concluded a lawyer may be retained through a collection agency the creditor authorized to employ counsel, provided there is no fee division with the agency and the agency does not…
Can a Kentucky lawyer form an interstate law partnership, and can he list an out-of-state lawyer as an associate when their deal is really just fee-split referrals?
A true interstate partnership is fine if the letterhead discloses each lawyer's jurisdictional limits, but a referral-and-fee-split arrangement dressed up as a partnership, or listing the…
Can a lawyer run an announcement in a legal journal offering to act as a consultant or associate to other lawyers in a particular field?
Yes. The committee concluded a lawyer may publish a dignified announcement of availability as a consultant or associate to other lawyers in a particular branch of law, so long as it follows DR…
Can a lawyer take a retainer from a company that sells creditors a package of computerized collection letters bearing his pre-printed signature?
No. The committee concluded the arrangement is indirect solicitation, places a lay intermediary between the lawyer and the creditors he serves, and risks improper fee division with a layman, so the…
Can a lawyer own, manage, or serve as counsel for a corporation that solicits professional athletes and negotiates their contracts?
Mostly no. The committee concluded a lawyer may not manage, serve as counsel for, or do athlete work through a corporation that solicits athletes for representation, because that is solicitation of…
Can a county attorney also represent a city in the same county on a contract basis?
Yes. The committee concluded a county attorney may represent a city in the same county on a contract basis, because such representation does not necessarily impair his independent judgment for the…
Can a lawyer who is elected magistrate stay with his law firm and keep his name on the firm's stationery?
Yes. The committee concluded a lawyer elected magistrate may continue practicing with the firm and keep his name on the stationery, so long as it makes no reference to his elective office; but…
Can a Kentucky lawyer keep a branch office in another county, and what makes it a bona fide office?
Yes. The committee concluded a lawyer may maintain a branch office in another county if it is a bona fide office open during specified hours with qualified personnel present to take calls and make…
Can a lawyer in private practice list a public office he holds on his private-practice letterhead?
No. The committee concluded that DR 2-102(A)(4) limits what an attorney may put on his private-practice letterhead, and a reference to a public position, legal or otherwise, is not among the…
After a partner is disbarred, may his firm keep his name in the firm name because his wife remains a partner, represent him and his businesses, and take clients he sends them?
The opinion concluded the firm may keep the wife as a partner and may represent the disbarred lawyer and his businesses with safeguards, may keep his surname only if it does not mislead the public,…
May a lawyer who is also a CPA display both certificates in his office, list under both yellow-pages headings, and sign tax returns 'CPA'?
Yes to all three. The committee concluded a lawyer-CPA may display his bar and CPA certificates in his private office, list under both yellow-pages headings (with no cross-reference and neither…
May a lawyer who is the target of a grand jury investigation represent the former employees and clients subpoenaed as witnesses against him, recommend their counsel, or pay that counsel's fee?
No. The opinion concluded the lawyer's personal interest bars him from representing the witnesses, that their consent cannot cure it, and that he may give only a bare recommendation to retain…
When a client fires a lawyer and hires a new one, must the discharged lawyer turn over the entire file, including his own work product?
The opinion concluded that a discharged or withdrawing lawyer must deliver the papers and property to which the client is entitled, and generally anything helpful to the new lawyer, but need not…
Can a plaintiff's lawyer interview a rank-and-file employee of the adverse corporation before calling that employee as a witness?
The opinion concluded that the lawyer may interview the employee, even if not subpoenaed, because interviewing a rank-and-file employee of an adverse corporate party is not communicating with an…
If a lawyer's office associate becomes a part-time municipal legal assistant, may the lawyer still finish a workers' compensation claim his office is pursuing against that municipality, even with the city's consent?
No. The opinion concluded the lawyer must withdraw, because his associate's municipal position is imputed to the whole office under DR 5-105(D), and the public interest in the matter means the…
Can lawyers who take over a deceased attorney's practice keep her name in the firm name if they were never her partners?
No. The committee concluded that a firm may keep a deceased lawyer's name only in a continuing line of succession from a true partnership; lawyers who merely succeed to the practice without ever…
Can a lawyer who is also a licensed insurance agent and a criminal trial commissioner execute surety bonds as attorney-in-fact for the insurer?
It depends on the case. The committee concluded the lawyer may not execute bonds for parties he represents or for parties appearing before him as trial commissioner, but may do so for parties he…
Can a city attorney represent a landowner against the city's urban renewal commission in a condemnation case?
Yes. The committee concluded a city attorney may represent a landowner against the urban renewal commission because the commission is a separate corporation with its own counsel that the city…
Can a lawyer who wins a case invite the jurors to a celebratory party, or encourage the client to do so?
The opinion concluded that the lawyer should not participate in any such celebration and should actively counsel against inviting the jury, because post-trial contact with jurors and the appearance…
Can lawyers (here, law professors) operate a for-profit legal research service for other attorneys and announce it by mail and bar-journal advertising?
The opinion concluded that the service could be operated with ethical propriety if proper safeguards were observed. A lawyer may announce availability to serve other lawyers in a branch of law, but…
Did an estate lawyer have to leave a probate matter after becoming a witness in a separate will-construction case?
No. After other counsel brought the separate construction action, the opinion allowed the lawyer to continue representing the executor in the distinct probate proceeding.
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.