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 coauthor a general estate-planning article with a nonlawyer for a public magazine?
Yes, if the office address was omitted and the lawyer did not answer individual questions, present himself as available, or accept related employment shortly afterward.
Could a Nebraska local bar operate a weekly on-campus lawyer referral service for college students?
Yes, under four stated safeguards: limited civil advice, neutral roster referrals for substantial matters, removal of the consulting lawyer's firm, and no criminal advice beyond referral or…
Could Nebraska firm lawyers defend a partner accused of breaching duties as a corporate director when the partner would testify?
Yes, provided the defense lawyers complied with the ethics code. The opinion lacked enough surrounding facts to decide whether separate conflicts or obligations involving the corporation or firm…
What private civil and criminal matters could a Nebraska city attorney accept under Opinion 74-5?
Civil work was allowed unless it opposed the city or involved a matter the lawyer might prosecute or officially investigate. Criminal defense was generally barred, subject to court approval or the…
Could a Nebraska lawyer lease courtroom and office space for use by a county judge before whom the lawyer practiced?
The lawyer should not lease directly to the judge, but could lease the space to the county board even when the county intended the judge to use it.
Can a Massachusetts lawyer publish a notice of availability as a consultant or specialist to other lawyers, and in which publications and how often?
The committee concluded that a lawyer could publish a dignified notice of availability to serve as a consultant or associate in a particular branch of law, without claiming special competence, in…
Could a Nebraska lawyer also work as a real-estate broker or clerk a client's property auction?
Yes, if the lawyer complied with the entire ethics code while doing the law-related work. Auction employment had to come from the client, with no fee division, auctioneer control, or continuing…
Could a Nebraska city or village prosecutor voluntarily defend a person charged with a crime?
Only if the court handling the criminal case entered an order approving the employment. The opinion otherwise retained its prohibition on voluntary criminal defense by a city or village prosecutor.
Could a Nebraska county attorney or firm represent a client in a divorce involving children in another county?
Yes. The opinion found that the child-support prosecution concern behind its same-county prohibition could not arise when the divorce was in a different county.
Could an estate lawyer also represent former spouses whose claims depended on defeating the estate's position in a foreclosure?
No. The lawyer could represent devisees whose interests aligned with the executor, but could not also represent former spouses whose recovery depended on the estate losing its title claim.
Could a Nebraska county attorney or the attorney's firm represent a party in a divorce involving minor children?
Only if the county board adopted a general permitting policy and agreed to fund an independent special prosecutor for any later nonsupport case. The county attorney could not prosecute either…
Is a Minnesota lawyer personally responsible for paying experts the lawyer hires for a client?
Under this now-repealed opinion, yes: a lawyer who ordered services from doctors, engineers, accountants, other lawyers, or others committed misconduct by denying responsibility for payment unless…
Can attorneys who own an office building give it a name like "Justice Plaza" that signals lawyers practice inside?
The Committee concluded that attorney-owners may not name their building "Justice Plaza," because a name implying that the occupants are lawyers is commercial publicity and a form of indirect…
When the SEC subpoenas a lawyer to testify about a former client's affairs, must the lawyer still protect that former client's confidences and secrets?
The Committee concluded that a lawyer owes a continuing duty to preserve a former client's confidences and secrets in an SEC investigation, and may be released from it only as DR 4-101(C) or DR…
Can a lawyer rent office space from a bank under a lease whose rent is a percentage of the lawyer's fees or net profits?
The Committee concluded that a lease paying a nonlawyer landlord rent measured by a percentage of the lawyer's gross fees or net profits violates DR 3-102, and that referral and conference-room…
Can a lawyer defending a class action mail copies of the complaint to others who might be affected and then take them on as clients?
The Committee concluded that distributing the complaint and accepting employment from those affected would violate EC 2-4 and DR 2-104(A)(1) and (A)(5), but that the lawyer could instead notify them…
Can a law firm keep a deceased partner's name in the firm name or list it on the letterhead, and how should it show that the partner has died?
The Committee concluded that a firm may keep a deceased partner's name in the firm name and on its letterhead, with a suitable indication that the partner is deceased, as long as the use is not…
Can a lawyer take a judgment for unpaid fees against his own client in the very case the lawyer is handling, and then enforce it?
The Committee concluded that a lawyer may not ethically use a judgment for his fee against his client to collect that fee in the same litigation in which he represents the client, and that vigorous…
Can a lawyer agree to draft the documents for customers a lay "estate planning" company regularly refers, where the planner recommends the lawyer?
The Committee concluded that a lawyer's regular, systematic participation in a lay estate-planning referral scheme is unethical solicitation through a lay intermediary, threatens the lawyer's…
Can a lawyer send Christmas cards imprinted with the law-office name or "Attorney at Law" to clients or the public, or only to other lawyers?
The Committee concluded that a lawyer may not send Christmas cards imprinted with a law-office signature to clients or the general public, because that is public communication calculated to attract…
Can lawyers run or take referrals from a lawyer referral service operated by a small association of lawyers rather than the general bar?
The Committee concluded that a lawyer may not participate in a lawyer referral service unless it is operated, sponsored, or approved by a bar association representative of the general bar of its…
Can a local bar association publish a member roster that lists the field of law each member concentrates in, even if the member is not a certified specialist?
The Committee concluded that a local bar association representative of the general bar may publish a roster indicating each member's field of interest, provided it is distributed only to bar members…
Can a lawyer or district attorney hold a press conference after a trial to call the judge's actions unethical, illegal, and grounds for reversible error?
The Committee concluded that criticizing a trial judge at a post-trial press conference does not violate any Disciplinary Rule, because DR 8-102(B) bars only knowingly false accusations, though such…
Can a lawyer represent his own law partner in a lawsuit when that partner will testify as a party-witness?
The Committee concluded that it is not improper for a lawyer to represent his law partner or associate in a suit where the partner is a party and will testify, but only because the partner is a…
Must a defense firm withdraw from a criminal case when a former assistant district attorney who prosecuted the case joins the firm, even if he agrees not to work on it?
The Committee concluded that the defense attorney should not continue representing the accused after a former assistant district attorney who participated extensively in the prosecution joins the…
Can a Texas lawyer hold a financial interest in a bail bond business that someone else operates?
The Committee concluded that it is not improper for a lawyer to hold a financial interest in a bail bond business if the lawyer does not participate in operating it and does not accept employment…
May a former assistant prosecutor defend an accused in a criminal matter that was under investigation, by a state commission, within his old office's jurisdiction during his tenure, even if he never touched the file?
No. The opinion concluded the representation was improper, because the public would see a matter investigated within his former office's jurisdiction during his tenure, and his lack of personal…
May a firm represent a husband in a divorce when it previously represented the wife and the couple together in personal injury and business matters, and the wife objects?
No. The opinion concluded the firm should not represent the husband, following earlier opinions that precluded a firm from representing one spouse in a matrimonial matter after representing both,…
May a lawyer for an asset-search business alert the owners of unclaimed funds and sign them to contingency contracts that pay the business a percentage of any recovery?
No. The opinion concluded the proposed conduct would breach DR 2-103, treating it as improper solicitation of employment from the owners of unclaimed funds, like searching for unknown heirs and…
May a lawyer pay a forwarding attorney his share of a fee for cases he referred, when the forwarding attorney was suspended from practice while the cases were pending?
The opinion concluded that a lawyer may divide a fee only where there was a division of service or responsibility, and that a forwarder's later suspension does not bar his share for work done before…
When the county must provide a jail guard a defense to a criminal complaint, may the county counsel handle that defense, or must outside counsel be retained?
Outside counsel. The opinion concluded the county counsel and his assistants may not appear for the jail guard in a criminal proceeding, so an outside attorney should be engaged.
May a lawyer who belongs to a lawyer-pilots association display the association's decal on the door of his airplane?
No. The opinion concluded that identifying his plane with his profession, even without his name on the decal, is indirect advertising of his profession and was not permitted under the Disciplinary Rules.
May the attorneys for a nonprofit association that runs an unemployment-compensation reserve fund represent the association's member institutions in contesting former employees' unemployment claims?
Yes. The opinion concluded the arrangement met the standards of DR 2-103(D), because the member-employer is the client, the member is free to use other counsel, and neither the fund nor the…
Can a former municipal judge let his telephone answering service answer the phone as 'Judge X's office'?
The opinion concluded that a former municipal judge may not permit his telephone answering service to answer his phone as 'Judge X's office,' because a former judicial officer should not use the…
Does a conflict that bars a firm from practicing criminal law in a county also bar a solo lawyer who tries the firm's cases in its name under a fee arrangement?
Yes. The opinion concluded the same disabilities that barred the firm extend to the inquirer, because he practices under the firm's name and can do so only as its associate, so he may not take cases…
May a lawyer who sits on the county planning board represent private clients before municipal planning boards and other municipal agencies in the county?
Not before municipal planning boards. The opinion concluded the lawyer may not appear before a municipal planning board, but generally may represent private clients before other municipal agencies…
May a municipal public defender, paid by the town to defend indigent defendants, also represent paying clients before that town's municipal court and agencies?
Yes. The opinion concluded the representation is proper, because the public defender's clients are the indigent defendants he is appointed to defend, not the municipality, so his appointment and…
Can a lawyer who is a county judge write a newspaper series on general probate and estate law?
Yes. The committee concluded a lawyer-judge may write general newspaper articles on probate and estate law if done in good taste and not to advertise himself, but may not use the articles to give…
Can an assistant county attorney privately charge a mother a fee to pursue child support when the Commonwealth is already pursuing the same support action?
No. The committee concluded an assistant county attorney may not charge a private fee for a support action when the Commonwealth, which he is statutorily bound to prosecute for, has already filed on…
Can a Kentucky county attorney privately represent a landowner in a highway condemnation case the Commonwealth brings?
No. The committee concluded that a county attorney may not represent a landowner in a Department of Highways condemnation, because KRS 177.082 gives the county attorney a duty to file or assist in…
Can a Kentucky lawyer also run a real estate business alongside the practice of law?
Under the former Code, a lawyer could operate a separate real estate business subject to limits on advertising, feeder work, and sharing real estate commissions or the business itself with a nonlawyer.
Can a lawyer refuse all court appointments to defend indigents because he finds it repugnant to help acquit someone who may be guilty?
The opinion concluded that a blanket refusal to accept court appointments to defend indigents would violate the lawyer's professional obligations, but that a lawyer may make his objections known to…
Can a former judge now practicing law use a 'Judge' nameplate on his office door or desk, or display old judicial certificates and photos?
The opinion concluded that a former judge in practice may not use a 'Judge' nameplate on his door or desk, but may display certificates, memorabilia, and a photograph from his judicial service so…
When could a Minnesota lawyer stop work or withdraw over unpaid fees?
The opinion, since repealed, treated refusing to proceed until fees were paid as misconduct unless the client breached a fee agreement, and required reasonable notice, time to find new counsel,…
Can a group of lawyers own a corporation that investigates the backgrounds of prospective jurors and sells the service to other lawyers?
The opinion concluded that lawyers may own a corporation that investigates prospective jurors' general backgrounds for a set fee available to members of The Florida Bar, finding no impropriety per…
Can a supervised legal assistant investigate and negotiate insurance claim settlements without engaging in the unauthorized practice of law?
The opinion concluded that a legal assistant who investigates claims and negotiates settlements with insurers is not engaged in the unauthorized practice of law, provided the assistant's nonlawyer…
May the attorney for a county vocational school board also represent a civil service council that negotiates contracts for employees of the same county?
No. The opinion concluded that the county school board attorney is part of the county's official family, so representing employees in contract negotiations with the county would invite the inference…
May a lawyer who represents a county prosecutor in an ethics matter also defend people accused of crime in that same county?
No. The opinion concluded that counsel to a prosecutor should refrain from representing the accused in that county while he represents the prosecutor, because the close personal relationship invites…
If a lawyer is counsel to a local police union (PBA), can the lawyer appear in criminal courts in that area on matters where no PBA member is involved?
Yes. The opinion concluded that counsel to a local PBA is not barred from appearing in magistrate's or county criminal courts in cases where no PBA member the lawyer represents is a complainant or…
Can two lawyers employed by one professional association form a second professional association that contracts to do legal work only for the first?
The opinion concluded that two attorneys employed by one professional association may form a second professional association of their own and contract to do legal work only for the first, provided…
Can a lawyer discharged without cause from a contingent-fee case charge the client for work done before the discharge?
Yes. The committee concluded that a lawyer discharged without cause from a contingent-fee case, who through no fault of his own is prevented from earning the contingent fee, may make a reasonable…
Can a Kentucky lawyer send other lawyers a notice that he concentrates in a particular branch of law?
Qualified yes. The committee concluded a lawyer may distribute to other lawyers and publish in legal journals a dignified announcement of his availability as a consultant or associate in a branch of…
Can a Kentucky Commonwealth's attorney also privately represent public utility companies?
Yes, with limitations. The committee concluded there is no per se impropriety in a Commonwealth's attorney representing private utility clients where the Commonwealth is not involved, but he may not…
Can a volunteer legal aid lawyer request a court-awarded fee that will be turned over to the legal aid program, and must the lawyer disclose the legal aid role?
The opinion concluded that a lawyer handling a legal aid case may request a court-awarded fee even though the fee will be turned over to the legal aid association, but on requesting it must disclose…
In a divorce, must the plaintiff's lawyer disclose a retainer already paid when asking the court to order the defendant to pay temporary attorney fees, and refund it if the court's award covers the whole fee?
Yes. The committee concluded that a lawyer seeking court-ordered temporary attorney fees in a domestic case must disclose any retainer or fee advance already received, and if the court's award is…
Can a lawyer use law office letterhead to write to other lawyers asking them to donate to a charity?
The opinion concluded that a lawyer volunteering in a fund-raising campaign for a reputable, established charity may use law office letterhead to write to other lawyers in the community soliciting…
Can a lawyer elected to the state legislature keep representing public bodies created by special acts of that legislature?
The opinion concluded that a lawyer elected to the Florida Legislature may not continue to represent public bodies created by special acts of the legislature, because doing so would create a…
Could a Maryland judge take part in a federal agency's film of simulated grand jury proceedings?
The Committee found the judge's participation unobjectionable. It left interpretation of the local circuit rule governing filming to that circuit's judges.
Under the Code of Professional Responsibility, may a lawyer who is also an accountant hold out and practice in both professions?
Yes, within limits. Adopting ABA Formal Opinion 328 and overruling its older Advisory Opinion 208, the committee concluded the Code does not bar a lawyer from also practicing another profession or…
May a lawyer be a 'designated attorney' under a for-profit motor club's plan giving members a prepaid telephone consultation on traffic problems?
No. The committee concluded that serving as a 'designated attorney' under a for-profit motor club's prepaid-legal-services plan violates DR 2-103(D), because the club is a for-profit organization…
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.