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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May a brochure advertising a small-claims seminar led by an attorney include the lawyer's photo and a short background sketch?
Yes. The committee concluded that a limited-circulation brochure advertising a seminar on a specific legal topic, containing only a brief non-laudatory background sketch and photo of the attorney…
Can a lawyer let a client send debt-collection letters on the lawyer's letterhead, where a nonlawyer the lawyer hired prepares the letters and the client mails and handles the replies?
No. The opinion concluded that a lawyer may not send simulated court papers to a debtor, and may not permit a client to send collection letters in the lawyer's name or on the lawyer's stationery.
When a lawyer writes articles for a trade journal, what biographical information may appear in the author byline?
Only the author's name and the fact that he is a New Jersey lawyer. The opinion concluded that adding the J.D. degree and the other proposed biographical details was self-laudatory and prohibited,…
Can a lawyer serve as counsel to a local board of health while, in pending litigation, he sues the same municipality on behalf of officials seeking indemnification and fees from it?
No. The opinion concluded the lawyer may not become counsel to the board of health, because he would be collecting fees from the taxpayers through the board while simultaneously suing the…
When could a newly appointed Maryland judge speak at political gatherings before the judge's first election?
The Committee treated every newly appointed judge as an immediate candidate upon taking office and allowed attendance and speaking at political gatherings from qualification until the general…
Could a Maryland judge participate in a televised mock juvenile trial for public education?
Yes, for the proposed studio production. The Committee found participation unobjectionable and potentially encouraged by Canon XXII, provided the tape was not used for fundraising or directly…
Can a Kentucky lawyer serve as counsel under a group or prepaid legal services plan, such as a union closed-panel plan?
Yes. The committee concluded that a lawyer may represent members under a group legal services plan if the plan preserves the member's free choice of counsel, does not let the organization profit…
Can a lawyer sit in on a client's own press conference about pending litigation just to advise the client?
Yes. The committee concluded that a lawyer may be present at a press conference the client calls, solely to advise the client, where the lawyer makes no statements to the press, even though…
Can a lawyer negotiate a claim directly with the insurer's lay adjuster when the insurance company is represented by counsel?
No. The committee concluded that a lawyer may not negotiate directly with a lay adjuster representing an insurer that is represented by counsel, because the adjuster is treated as the represented…
Can a lawyer contact the opposing party directly to gather information about a pending case without the other party's lawyer's consent?
No. The committee concluded that a lawyer may not communicate with a represented adverse party about the subject of the controversy without that party's counsel's consent, even if the purpose is…
What are a law partnership's ethical duties when a former partner misappropriated client funds, and can the partners plead the statute of limitations?
The opinion concluded that a lawyer must diligently investigate and fully disclose a former partner's misappropriation of clients' funds, and is ethically responsible for client funds the partner…
Can a lawyer who once represented both spouses later represent the husband in their divorce?
The opinion concluded that a lawyer who previously represented both husband and wife is not barred by the rules from representing the husband in a later dissolution, so long as the lawyer did not…
When a law-firm member takes a judicial or public office that keeps the lawyer from practicing, can the firm keep the lawyer's name in its firm name and on its letterhead?
The opinion concluded that when a firm member takes a judicial, legislative, or public executive or administrative office for a substantial period during which the lawyer is not actively and…
Could a Maryland judge continue as unpaid president and director of a nonprofit senior-housing corporation?
Yes, on the submitted facts. The Committee said Rule 6's corporate-office prohibition did not apply to this nonprofit charity with no stock, while Rule 8 barred the judge's participation in fundraising.
Can members of a law firm own a controlling interest in a title insurance company they refer clients to?
The opinion concluded that there was no ethical objection to members of a law firm holding a substantial interest in a title insurance company, so long as any client referred to the company is…
If a lawyer represents a wife-passenger injured in a car crash, can the same lawyer also handle her husband-driver's derivative loss-of-consortium claim?
The opinion permits the wife's attorney to represent the husband's per quod claim when the husband consents and liability is obvious, as required by Opinion 248.
Can a former assistant prosecutor later represent a man he convicted, in a civil-service appeal where that conviction is the reason the man lost his retirement benefits?
No. The opinion concluded the representation is improper under DR 5-105 and DR 4-101, because the conviction he obtained is the very basis of the benefits denial, raising both a…
Can a law associate of a Commonwealth's attorney represent a civil plaintiff against defendants the prosecutor must criminally charge over the same events?
No. The committee concluded that an associate of a Commonwealth's attorney may not represent civil plaintiffs against defendants whom the prosecutor has a duty to charge over the same subject…
Can a lawyer sell or assign a client's unpaid fee account to a third party after the legal work is finished?
The opinion concluded that a lawyer may assign an account receivable for completed legal fees to a third party, provided the client is fully informed and consents and the assignment leaves only the…
If a former assistant state attorney joins a firm, can a lawyer who is 'of counsel' to that firm defend people the new partner had helped prosecute?
The opinion concluded that an 'of counsel' lawyer is treated as part of the firm for conflict purposes, so he could not represent criminal defendants in matters the firm's new partner, a former…
After an associate leaves a firm, can he represent a former client of that firm in fighting the firm's bill for legal work the associate himself did while employed there?
Effectively no. The opinion concluded that while a client may always choose new counsel and the new lawyer need not collect the old firm's fee, a lawyer must not encroach on the prior attorney's…
Can one lawyer represent several clients subpoenaed before the same federal grand jury when the prosecutor may seek immunity for some and prosecute others?
The opinion concluded that a lawyer may not represent multiple clients in the same criminal matter when properly representing any one of them would require seeking immunity, because that effort…
If a lawyer becomes an assistant state attorney, can he and his law partner keep taking court appointments to defend indigents in federal court?
The opinion concluded that, where a federal judge determines that a shortage of available attorneys creates hardship conditions, a newly appointed assistant state attorney and his partner may…
Can a firm accept a case referred by another firm that had to drop a conflicting client, and can it pay that firm a customary referral fee?
The opinion concluded that the receiving firm may represent the referred client where no confidences were violated and it never represented conflicting interests, but it may not pay a customary…
Could a full-time Maryland judge remain a director of a corporation operating a radio station?
No. The Committee treated the federally regulated broadcaster as a business affected with a public interest under then-cited Rule 6 and said a full-time judge could not serve it as director or in…
Does an attorney signing a court's 'Recognizance Release' form to get a misdemeanor client out of jail violate the statute barring attorneys from signing bonds as surety?
No. The committee concluded that signing the court's 'Recognizance Release' form is not signing a bond as surety within the statute, but an assurance based on the attorney's personal integrity; it…
Under a court's 'own recognizance' release system, may a lawyer enter a guilty plea or pay a client's fine to keep his OR privileges if the client fails to appear?
No. The committee concluded that entering a guilty plea without the client's knowledge and consent, and paying the resulting fine and costs to preserve the lawyer's 'OR' privileges, are both…
May a lawyer represent a collection agency in suits to collect debts the agency is pursuing for creditors?
Only when the agency is itself the party. The committee concluded it is unprofessional for an attorney to represent a collection agency acting on behalf of a creditor other than itself, because the…
Can a lawyer let clients pay legal fees through a credit card plan?
The opinion concluded that financing fees through a credit card plan does not appear to contravene any specific canon or disciplinary rule, but the committee declined to make a final determination…
Can a lawyer file bankruptcy for a debtor while also representing the creditors, with a creditor paying the fees in exchange for the debtor reaffirming the debt?
The opinion concluded the lawyer cannot. The interests of a bankrupt debtor and his creditors are adverse, so representing both is an inherent conflict; the arrangement to have a creditor pay the…
Can a lawyer publish a do-it-yourself divorce kit of forms and explanations for couples seeking an uncontested divorce?
The opinion concluded that publishing such a kit would not itself be the unauthorized practice of law, because Wisconsin permits self-representation, but it cautioned that promoting the author as a…
Can a lawyer give a divorce handbook with general information to the lawyer's own divorce clients?
The opinion concluded the lawyer may circulate a divorce handbook of the type proposed to give general information to the lawyer's own divorce clients, while expressing no view on the accuracy of…
Can a lawyer campaign for, endorse, and financially support a candidate for judge, and how?
The opinion concluded that lawyers may, and are expected to, inform the public about judicial candidates' qualifications, endorse candidates based on merit, and make reasonable contributions to a…
If a practicing lawyer runs for judge, are they held to the judicial-candidate conduct rules that apply to sitting judges?
The opinion concluded that they are. The committee adopted an advisory opinion extending the Wisconsin Code of Judicial Ethics rules on judicial-candidate conduct to attorneys seeking judicial…
Can a law firm send other lawyers an announcement that it is available to consult in labor law and that it has 19 years of experience in the field?
The opinion concluded that the firm could distribute a dignified announcement of availability to consult or associate in a branch of law, but the announcement could not claim special competence or…
After drafting a client's will, can the lawyer keep the original in safekeeping, or must it go to the client?
The opinion concluded, following the Wisconsin Supreme Court's Gulbankian decision, that the correct practice is to deliver the original will to the testator; a lawyer should keep it only on the…
Could a Nebraska lawyer manage a bank, sell insurance there, and maintain a separate law office in the same community?
Yes, if the businesses did not feed legal work to the firm, bank and insurance customers received no legal services there, and business advertising never identified the person as a lawyer.
Could a creditor's lawyer demand more from an unrepresented wage debtor than garnishment law allowed in return for release?
No. When the debtor did not know about available statutory exemptions, the lawyer could not condition immediate release on payment exceeding what the garnishment process could recover.
Could the Nebraska bar use local lawyer representatives to distribute publicity about bar programs and lawyers' civic activities?
Yes, for bar programs and public or citizenship activities unrelated to specific legal services. Representatives could not handle releases involving themselves or publish material advertising…
Could a Nebraska lawyer prepare zoning regulations for a nonlawyer planner and join or promote the planner's business?
The lawyer could be paid separately for legal services, but could not split fees, own the planning venture, promote its projects, or perform the legal work in a state where the lawyer was not admitted.
Could a former corporate lawyer represent a bank suing the dissolved corporation and its individual guarantors?
No. The lawyer and firm had to withdraw even without prior knowledge of the particular loan because the adverse engagement implicated duties to the former corporation and individual clients.
Could a Nebraska lawyer let a credit-bureau client fill factual blanks in form debt-collection petitions?
Yes. The lawyer drafted the form, reviewed and signed each completed petition, prepared other pleadings, made court appearances, and retained complete professional responsibility.
Could a nonprofit Nebraska student senate retain a lawyer for the organization and individual student members?
Yes, if individual legal service was incidental to the senate's primary purpose, the senate gained no financial benefit, and each student receiving services was treated as the client free from…
Could a Nebraska county attorney appear in the same court as private counsel in an unrelated civil matter?
Yes, if the civil matter was wholly disconnected from official duties and outside statutory and ethics restrictions. The same limitations applied to deputies and members of the county attorney's firm.
Could a lawyer who represented a husband in a custody dispute later defend the wife against a charge of killing him?
No. The criminal charge arose from the same custody dispute, the husband's confidences survived his death, the lawyer might become a witness, and the committee found an obvious appearance of impropriety.
Could a Nebraska firm hire a legal secretary who voluntarily left a competing firm?
Opinion 73-14 said yes if the new firm protected the former firm's client confidences and had not solicited the employee. Opinion 94-4 later limited this result for same-or-substantially-related…
Could a wife's divorce lawyer also defend a third party sued by the husband over the same relationship?
Yes, under the facts stated, when the wife consented after full disclosure, wanted the lawyer to undertake the defense, and the lawyer could obviously represent both interests adequately.
What did Nebraska Opinion 73-12 require court-appointed counsel to do when a criminal defendant insisted on testifying falsely?
After every reasonable effort to dissuade the client, the 1973 opinion required appointed counsel to permit the testimony if the client persisted. It also said counsel could not disclose the…
Could Nebraska lawyers who only shared office expenses use a joint partnership-style firm name?
No. Lawyers who did not share partnership responsibility and liability could not use a combined firm name on their door, letterhead, directory listing, telephone greeting, or elsewhere.
Could former Nebraska legal-aid lawyers temporarily work part time for legal aid while starting private practice?
Yes, for the proposed temporary period, if they did not accept legal-aid or referral-service applicants as private clients, stayed off the referral panel, and preserved independent judgment.
Can a prosecutor threaten to pursue additional pending charges to discourage a convicted defendant from appealing?
The Committee concluded that a prosecutor should not take any action calculated to deny a criminal defendant the full right of due process, including the right to appeal; threatening additional…
Can a Texas lawyer sell selected clients a fill-in-the-blanks 'divorce kit' so they can represent themselves in an uncontested divorce for a reduced fee?
The Committee concluded that the proposed 'divorce kit' plan was improper, resting its objection on EC 3-7 because the kit would encourage rather than discourage self-representation; it found the…
Can a law firm take a case in which one of its partners may have to testify as a witness?
The Committee concluded that a lawyer should not accept employment in litigation when he knows or it is obvious that he or a lawyer in his firm ought to be called as a witness, except in the limited…
Can a lawyer list in the yellow pages of more than one telephone directory in a metro area, and what counts as a 'significant part' of the lawyer's clientele?
The Committee concluded that a lawyer may list, in both the alphabetical and classified sections, in the directories for the metro area where he resides, maintains an office, or has a significant…
May a county bar association sponsor a plan letting clients pay legal fees with a bank credit card?
The committee concluded a bar-association-sponsored credit-card fee financing plan is not improper merely because fees are paid through a credit card, but it could not approve the unsubmitted plan…
Does the attorney-client privilege bar a lawyer from disclosing facts about a client's immigration status that the lawyer learned in the engagement?
Under this 1972 opinion, no. Treating the client's unlawful presence as a continuing fraud on the United States, the Committee concluded the lawyer was not prevented by the attorney-client privilege…
Can a lawyer represent a wife in her divorce after he was briefly retained by the woman named as correspondent (an adversary aligned with the husband) in an earlier phase of the same dispute?
No. The opinion concluded the lawyer should withdraw, because he had earlier represented the correspondent, whose interests were adverse to the wife, and switching sides in related matrimonial…
When can a Colorado lawyer use the term 'associates' on a letterhead, and when is it misleading?
The opinion concluded that it is improper to use 'associates' to describe lawyers who merely share office space and some costs but do not share responsibility or liability for each other's acts, and…
Can a law firm add a current partner's name to the firm name while keeping a deceased partner's name in it?
The opinion concluded that a previously unnamed partner's name may be added to the firm name even though the firm continues to use a deceased former partner's name, so long as the fact of the…
Does a lawyer have to split client trust deposits among several banks so that all the funds stay within FDIC insurance limits?
The opinion concluded that a lawyer is not required to divide trust funds among accounts to ensure complete FDIC coverage, but as a fiduciary he is expected to act prudently and weigh the size of…
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.