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 Minnesota part-time judge practice law in the court where the judge served?
The opinion, since repealed, concluded it was improper for a part-time judge, or the judge's partners or associates, to practice law in the court the judge served on or in any court of record…
Can a law firm tell a bank that is the named executor about a client's assets, and can it represent that bank as executor after the client dies?
The opinion concluded that, without the client's written consent, a firm may not disclose the client's assets to the bank named as executor, and if the client never consented to full disclosure…
If one lawyer in a professional association becomes an assistant public defender, can the firm's other lawyers still take criminal cases?
The opinion concluded that if a member of a professional association is employed as an assistant public defender, no other member of that association may handle criminal cases.
When a lawyer runs for office in a service organization, can his campaign materials identify him as a lawyer and list his legal background?
Yes, in a limited and dignified way. The opinion concluded that identifying a lawyer-candidate as a lawyer with a brief legal resume falls within the recognized exception for political publicity,…
Could a Minnesota county attorney defend a criminal case in another county?
The opinion, since repealed, concluded it was improper for a county attorney to defend a criminal case in another county unless the accused would otherwise be deprived of competent counsel, and then…
Must a lawyer file suit to stop the statute of limitations from running when the client has disappeared and cannot be found?
The opinion concluded that the lawyer should file suit to toll the statute of limitations despite the client's disappearance; a 1987 reconsideration later modified this, holding the lawyer is not…
Can a lawyer advertise services like tracing heirs for title clearance to the public, or announce that availability to other lawyers in a legal journal?
Advertising such services to the general public is improper, but the opinion concluded a lawyer may publish a dignified announcement of his availability as a consultant or associate to other lawyers…
Can judges, trial commissioners, prosecutors, probate commissioners, or their law partners and office-sharers handle criminal cases in Kentucky?
Mostly no. The committee concluded judges, trial commissioners, prosecutors, and probate commissioners may not defend criminal cases, and that bar extends to their firm partners and to…
Can lawyers who share an office but are not true partners adopt a single firm name in Kentucky?
No. The committee concluded that lawyers whose relationship is something less than a true partnership may not adopt a firm name, because a firm name implies a partnership (shared responsibility and…
Can a firm that screens cases for a county bar's legal aid program also take the cases that turn out not to qualify for free aid?
The opinion concluded that the screening question involved a lawyer referral service that must first qualify with The Florida Bar under the Integration Rule, so the committee had no jurisdiction to…
Can a Florida firm list a lawyer who is not admitted in Florida on its letterhead as 'Of Counsel' if it discloses the non-admitted status?
The opinion concluded that a Florida firm may not list a non-Florida-admitted lawyer on its shingle or letterhead, even with disclosure of the non-admitted status, where the arrangement is not a…
Can a Florida lawyer guarantee or advance the fees of medical or expert witnesses in a personal injury case?
Yes. Under Rule 4-1.8(e) a lawyer may advance court costs and expenses of litigation, including witness fees, with repayment by a non-indigent client contingent on the outcome, and may pay them on…
Is a large, eye-catching attorney 'shingle' placed among commercial signs near a shopping-center thoroughfare, far from the office, improper advertising?
Yes. The committee concluded that a prominent, eye-catching attorney 'shingle' placed about 150 feet from the office among eight commercial advertising signs near a shopping-center thoroughfare did…
Must a lawyer report another attorney's misconduct to the bar when the lawyer learned of it from a client in confidence and the client refuses to consent to disclosure?
The committee concluded it is improper to report another attorney's unethical conduct to the bar when the information was obtained from a client in confidence and the client refuses to consent to…
Could a Maryland judge keep providing part-time accounting services to four clients?
No. The Committee found the small time commitment unlikely to interfere with judging, but concluded the services were impermissible whether viewed as legal work by a lawyer-accountant or as…
After two legal-aid offices merge under one board of trustees but stay separately run, can a lawyer in one office oppose a lawyer in the other office on behalf of opposing clients?
Yes. On the facts, the opinion concluded that where the two legal-services components remain autonomous divisions with separate administrators, no shared office space, and no access to each other's…
Can a lawyer own stock in a bail bond company, and can he send his clients to that company?
The opinion concluded that a lawyer is not prohibited from owning stock in a bail bond corporation, especially where he takes no part in management, but he should not direct clients to the business…
Can a lawyer serve on the board of trustees of a college that retains the lawyer's own firm?
Yes. The committee concluded there is no per se conflict of interest in a lawyer serving on the board of trustees of a college that retains the lawyer's firm, distinguishing a lawyer's fiduciary…
Can a lawyer defend physicians in a conspiracy suit when his former law partner was president of the hospital at the center of the dispute?
The opinion concluded that the lawyer was not precluded from the representation, provided neither he nor his former partner had represented the plaintiff or had access to confidential or privileged…
Can a law firm provide 'general legal services' to a mutual fund, including drafting prototype trust instruments for the fund's agents to use with customers?
The opinion concluded that the lawyer should not undertake the proposed representation, because placing a lay agency like a mutual fund between the lawyer and the customer carries inherent conflicts…
Can a lawyer who serves as counsel to a public body, like a county or special district, represent private clients in matters before that body?
The opinion concluded that a lawyer who represents a governmental body has the responsibilities of a public official and may not represent a client in a matter before that body that creates a…
Can a part-time public official run his private law practice out of the government office space provided for his public job?
The opinion concluded that he may not. A part-time public officer should not use public office facilities for his private practice, although occasionally making a telephone call or handling…
Can a municipal prosecutor also take public-defender assignments to defend criminal cases in county court?
Sometimes. The opinion concluded a municipal prosecutor may not defend an accused in county court where the offense arose in, or the accused lived in, his own municipality, but may do so where both…
Can a firm keep a partner's name in the firm name and letterhead while he is on an 18-month leave to work for a government agency?
The opinion concluded that the name of a partner on an 18-month leave of absence to work as a government staff attorney must be removed from the firm name and letterhead, because he will not…
Can a law firm put client trust funds into interest-bearing deposits and keep the interest to cover the cost of administering the trust account?
The opinion concluded that it would be improper for the firm to place client trust funds in interest-bearing certificates or deposits to earn interest reimbursing the firm for its administrative…
Can the same county attorney serve as legal advisor to both the zoning commission and the board of zoning appeals that reviews the commission's decisions?
The opinion concluded that a lawyer may advise both the zoning commission and the board of zoning appeals, provided that at the review level he never steps outside the role of advisor to become an…
Can a lawyer advertise that he represents only poor people at reduced fees where the county has no free legal services?
No. The opinion concluded that charging fees scaled to a client's ability to pay is proper, but advertising or soliciting professional employment for a named lawyer on that basis would violate the…
Can a lawyer defend criminal cases in the same county where his spouse serves as an assistant prosecutor?
No. The opinion concluded that defending criminal matters in a county where one's wife is an assistant prosecutor would be improper, because the marital relationship places an undue, perhaps…
Can a lawyer who is counsel to one city challenge a neighboring city's tax assessments when his law partner is the mayor of that other city?
No. The opinion concluded that neither partner should participate, because partners who share earnings cannot owe divided loyalties to two cities whose tax positions directly conflict, and even the…
Can a lawyer pay co-counsel who was suspended mid-case a share of the awarded fee for the work done before the suspension?
The opinion concluded that an attorney may properly pay suspended co-counsel a portion of the awarded fee based on work done before the suspension; a 2011 Florida appellate decision later held that…
Can the lawyer for an estate's executrix also represent the sole legatee defending the will against common-law-marriage claimants?
No. The committee concluded that, given the potential conflict between the executrix's duty to administer the estate lawfully and the sole legatee's interest in upholding the will against the…
Could a Maryland judge who was not running for election support or contribute to another judicial candidate's campaign?
No. The Committee said an ostensibly nonpartisan campaign for another judge was still political activity and rejected public endorsement and contributions by a judge outside the judge's own campaign.
When a lawyer leaves government service to return to private practice, what can the announcement card say?
The opinion concluded such announcements must follow the professional-notice rules: a brief card may give new or changed associations or addresses to lawyers, clients, former clients, friends, and…
When one member of a law firm is a part-time municipal prosecutor, can the firm represent clients in personal injury cases arising from accidents the city's police investigated?
The opinion concluded that the firm and its members may not represent litigants in personal injury actions arising out of automobile accidents that municipal police investigated and charged, while…
Can a lawyer keep accepting clients an insurance agent refers to him on a recurring basis if there is no payment between them?
The opinion concluded that it is not improper to accept clients referred by an insurance agent on a recurring basis when there is no financial arrangement between the agent and the lawyer, provided…
Can a lawyer who once defended one co-defendant now represent the other co-defendant, whose interests are adverse, on a related charge?
Only on strict conditions. The opinion concluded it would be unwise for the lawyer to represent the new co-defendant unless he is convinced beyond doubt the matters are unrelated, no confidences are…
Can a lawyer refuse to voluntarily hand his client trust account records to the IRS for an audit and require a court order instead?
The opinion concluded that a lawyer does not act unprofessionally by refusing to voluntarily disclose his clients' trust account records to the IRS; if in doubt about harm to clients, he may…
Can a law firm let a marriage counselor use its office part-time to counsel the firm's domestic-relations clients?
The opinion concluded that it is ethical for a firm to let a marriage counselor use its office to counsel domestic-relations clients the firm refers, so long as her use is not advertised, her name…
Can a group of local lawyers form a nonprofit corporation to give free legal help to people who cannot afford a lawyer but do not qualify for Legal Aid?
The opinion concluded that it is permissible for a group of local lawyers to form a nonprofit corporation to provide free legal assistance to people who, though unable to employ counsel, do not…
After a firm jointly advised a car's driver and owner-passenger and appeared for the driver in traffic court, can another lawyer in the firm sue the driver on behalf of the owner-passenger?
The opinion concluded that the firm could not represent the owner-passenger in a civil action against the driver, because the firm had jointly advised both and appeared for the driver in traffic…
Can a lawyer who represented a police union in salary talks with a town then become the municipal court judge in that same town?
The opinion declined to bar it. It concluded that selecting a municipal judge is solely the governing body's discretion, and that whether the judge's prior ties to police officers require him to…
Could a Maryland juvenile court judge serve on charitable boards, including agencies that handled court referrals?
The Committee approved continued service on two identified boards if the judge did no fundraising. It flagged agencies appearing before the court or receiving its referrals and declined to decide…
Can one lawyer represent both spouses in a Colorado dissolution-of-marriage case?
The opinion concluded that a lawyer may not represent both parties to a dissolution where conflicting interests exist, and because property, support, custody, or maintenance issues nearly always…
Can a law firm that won a judgment against a former client for unpaid fees seize, by writ of execution, a stock certificate the client had left with the firm for safekeeping?
The opinion concluded that it is improper for the firm to seize, by writ of execution, a stock certificate the client left for safekeeping; whether the firm has a valid lien is a question of law for…
When a non-law company stops sharing office space with a law firm, does the company's name have to come off the law firm's window?
The opinion concluded that, once the law firm no longer shares office space with the lay company, the company's name should be removed from the front window of the law firm's reception room.
Does a lawyer have to withdraw from a case just because the opposing party says it will call him as a witness?
The opinion concluded that a lawyer need not withdraw merely because he expects to be called to testify by his adversary; he may continue the representation until it is apparent that his testimony…
How far does serving as county counsel limit a lawyer's private practice before county courts, the surrogate, zoning boards, and a bank he is tied to?
The opinion concluded county counsel is not broadly barred: he may practice in county courts subject to Opinion 106's criminal-matter limit, and R. 1:15-3 does not bar his probate work. He may…
Could a Maryland judge remain a paid director and executive committee member of a newspaper publisher?
Yes, under the stated no-editorial-policy condition and Rule 6's conflict limits. The Committee allowed reasonable compensation but expressly declined to judge whether the proposed $3,000 fee was…
Can a lawyer contact an opposing party's client directly to determine whether opposing counsel is even authorized to bring the suit?
The opinion concluded that a lawyer may not, without opposing counsel's knowledge, communicate with the opposing party's client to determine whether counsel is properly representing the client. The…
When most of the lawyers leave a law firm, how should the firm and the departing lawyers decide who keeps which client files?
The opinion concluded that, in disposing of client files when a firm's membership changes, the instructions and wishes of the clients should be the dominant consideration, and that the clients…
Can a lawyer-legislator's firm share an office suite with a firm whose member lobbies the legislature?
The opinion concluded that, as a temporary accommodation, the arrangement was proper because the two firms kept their practices physically and functionally separate.
Is a municipal attorney automatically conflicted out if his spouse becomes the town's tax collector?
No. The opinion concluded there is no conflict per se when a municipal attorney's wife serves as tax collector of the same municipality, whether she is elected or appointed, though a particular…
Can a collection lawyer give creditor-clients pre-printed forms with his name on them to send to debtors threatening to put the matter in his hands?
The opinion concluded that the arrangement would violate professional ethics. It denies the lawyer personal judgment over accepting employment, aids the unauthorized practice of law, amounts to…
Can lawyers raise funds to support judicial candidates through an official bar association endorsement committee despite the ban on judicial testimonials?
The opinion concluded that they can. The fundraising activities of the Lawyers Judicial Endorsement Executive Committee, an official arm of the Milwaukee and Junior Bar Associations, are not…
When may a court-appointed defense lawyer ask to be relieved from the appointment in Michigan?
The opinion concluded that an appointed lawyer cannot unilaterally reject the appointment but is bound to disclose disqualifying circumstances, such as lack of competence in the area or strong…
Could a Nebraska firm notify city and village attorneys that it was available to assist with ordinance revision and codification?
Yes. The committee approved the dignified announcement addressed only to municipal lawyers, under the former rule allowing consultant or associate notices to other lawyers.
Could a Nebraska lawyer sell an income-tax practice and its clients to another lawyer or nonlawyer?
No under this 1972 opinion. It treated the tax work as law practice, rejected the sale and client notices, barred percentage compensation to a nonlawyer secretary, and protected client choice and…
Could a part-time Nebraska county attorney represent a client's estate after a fatal crash the attorney did not investigate?
Yes on the stated facts: the attorney did not conduct the investigation, no prosecution was possible, the decedent was a regular client, and opposing counsel did not object.
Could a Nebraska law firm continue using a deceased partner's name in its firm name and letterhead?
Yes, if the use did not mislead the public and neither statute nor local custom prohibited it. The committee knew of no such Nebraska prohibition or custom.
Could a Nebraska lawyer who owned or operated an insurance-adjusting agency also maintain a separate law practice?
Only under strict separation. The lawyer could not serve insurers that used or might use the agency or represent a claimant whose matter arose from or related to agency work.
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.