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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Does Opinion 260's ban on nonlawyers presenting court orders also bar licensed legal interns from appearing in court?
No. The committee clarified that Opinion 260's references to 'law interns' meant unlicensed law students or apprentices, not Legal Interns holding a limited license from the Oklahoma Supreme Court;…
May a lawyers' professional corporation list its name ending in 'Inc.' in the telephone directory?
Yes. The committee concluded a lawyers' professional corporation may be listed in the classified and alphabetical sections of the telephone directory ending with 'Corp.' or 'Inc.', but if it elects…
Can a government lawyer litigate against a former private client without that client's consent?
The opinion concluded that a lawyer who joined the Attorney General's staff should not proceed in litigation against a former private client without that client's consent; with consent there is…
Can a lawyer who serves on the city council defend clients arrested by that city's police?
The opinion concluded a lawyer-councilman may represent a private client in courts other than his city's municipal court, but neither he nor his partners and associates may contest the evidence of…
Can a lawyer appointed a special assistant state attorney for a limited matter still defend criminal cases in other courts?
The opinion concluded a lawyer appointed an assistant state attorney in a limited, special capacity may defend criminal cases in courts other than the one where he is prosecuting, including federal…
May a lawyer compile and sell to the public a manual of small claims procedures and practices?
Yes. The committee concluded a lawyer may ethically compile and sell a procedural manual or reference book to the public, provided there is no unethical advertising or solicitation in its content or…
If a firm sublets office space to an attorney who sits on the county board of freeholders, can the firm still appear before the county board of taxation?
No. The opinion concluded that because the freeholder-attorney subtenant is an 'office associate' of the firm, neither the firm nor anyone in it may appear before the county board of taxation.
Can a lawyer suing a government entity interview that entity's employees about the case without the government lawyer's consent?
The opinion concluded that a lawyer may ethically communicate with employees of a government entity about a matter in controversy, so long as the lawyer does not contact employees who may reasonably…
Can a practicing lawyer also serve as executive director of a private association that has its own separate counsel?
The opinion concluded there is nothing unethical about a practicing lawyer also serving as executive director of a private association represented by other counsel, provided the association's lawyer…
Can a plaintiff's lawyer contact a defendant's insured directly to seek an assignment of a bad-faith claim before judgment?
The opinion concluded that a plaintiff's lawyer negotiating with an insurer may not contact the insured directly before judgment to request assignment of the insured's bad-faith right of action;…
Can a lawyer who won before a zoning board keep representing the client on appeal to defend the board's decision?
Yes. The committee concluded that a lawyer who represented a party before a Planning and Zoning Board may appear in later appellate proceedings to sustain the board's action where that action is…
Can a criminal defense lawyer share an office and a secretary with the Commonwealth's Attorney who prosecutes those cases?
No. The committee concluded that defense attorneys sharing office space and a secretary with the Commonwealth's Attorney who prosecutes in that district created an appearance of impropriety; they…
If a lawyer's son becomes a full-time assistant prosecutor and they dissolve their partnership, can the father keep practicing criminal law in that county?
No. The opinion concluded that the father and former partner of a full-time assistant prosecutor should not continue to practice criminal law in the county, even though the son is only one of…
Can a law firm put its firm name or the partners' names on a Christmas or other seasonal greeting card?
No, not in the firm name. The opinion adopted ABA Formal Opinion 309: seasonal greetings should not be sent in the firm name or in an attorney capacity, should not refer to the profession, and…
Can one attorney represent both the board of adjustment and the planning board of the same municipality?
Only if no conflict arises. On reconsideration, the opinion concluded that an attorney should not represent both boards in the same municipality if there is or may be a conflict of interest in a…
If a partner leaves a firm to become an active associate at another firm but keeps a small interest in the old one, can his name stay in the old firm's name?
No. The opinion concluded that the name of a partner who withdraws from a firm but continues to practice law in New Jersey should be omitted from the firm name to avoid misleading the public.
May a lawyer be listed as an attorney in a new toll-free area-wide telephone directory that also covers towns where the lawyer has no office?
Yes. The committee held that a lawyer who maintains a bona fide office or residence anywhere within the area covered by a new toll-free area-wide directory may be listed in it, and the old 'exchange…
Can a lawyer have a secretary or other nonlawyer staff file papers and present orders to a judge for signature in divorce or probate matters?
Filing papers and similar ministerial courthouse tasks are fine, but the committee concluded a nonlawyer may not present pleadings or orders to a judge for signature, because that can call for…
Can a lawyer paid by an insurer keep representing the insured when a coverage dispute arises between them?
The opinion concluded that a lawyer retained by an insurer to represent the insured may continue to do so even on matters affecting coverage, owing no duty to the carrier on coverage, but must…
Can a lawyer elected to Congress keep his name in the firm's name and on its letterhead?
The opinion concluded that a public official no longer actively and regularly practicing law, including a lawyer elected to Congress, may not allow his name to remain in the firm's name or appear in…
Can a lawyer who serves as a municipal attorney also defend criminal defendants in that municipality's court or in cases involving the municipality?
The opinion concluded that a lawyer employed as a municipal attorney may not represent a defendant prosecuted in that municipal court; the lawyer may, with proper consent, defend in a non-municipal…
Can a former IRS agent later represent a taxpayer on the same returns he examined for the government?
The opinion concluded that a lawyer who, as an IRS employee, examined a taxpayer's returns is precluded from later representing that taxpayer on the same years' returns, even if the later…
What tasks can a lawyer delegate to nonlawyer staff in a law office?
The opinion concluded that lay personnel may be used only for mechanical, clerical, or administrative duties, and that a lawyer may not delegate any activity requiring the lawyer's own judgment and…
Did Opinion 183's permission to list 'J.D., LL.M. (in Taxation)' apply to professional announcements?
Yes. This opinion clarified that the last sentence of Opinion 183, allowing the degree language, was a reply to an inquiry about the distribution of announcements, and so is directed to announcements.
Can a lawyer mail other lawyers an announcement of availability to consult or associate on appellate cases?
The opinion concluded that an attorney may send a select list of other attorneys a dignified announcement, not more than once a year, of his availability to consult or associate in appellate cases,…
Can a lawyer who regularly defends people accused of crime also serve as attorney for organizations of law enforcement officials?
No. The opinion concluded that a lawyer regularly engaged in defending those accused of crime may not also serve as attorney for organizations of law enforcement officials.
Can a lawyer defend a criminal client when the witnesses against him are officers of a company the same lawyer also represents, if everyone knows and consents?
Yes, on these facts. The opinion concluded that with full disclosure and the client's consent, and no confidences from prior work usable against the client, the lawyer may continue to represent the…
Can a Florida lawyer be listed on an out-of-state lawyer's letterhead for an interstate referral partnership?
The opinion concluded that a Florida attorney's name may be added to an out-of-state lawyer's stationery to associate for interstate referrals where a bona fide partnership in fact exists, but the…
Is a government lawyer held to the same trial-publicity rules as a lawyer for a private client?
The opinion concluded that an attorney representing the government is bound by the same ethical considerations on statements and publicity about pending litigation as an attorney for a private individual.
Can a lawyer returning from military service mail announcements that he is resuming practice and available to consult on securities matters?
The opinion concluded an attorney may send former clients and legal acquaintances an announcement of his retirement from military service and resumption of practice, and may separately announce to…
Can a lawyer withdraw from representing one client and then represent another client against him in an unrelated dispute?
The opinion concluded that where a dispute between two of the lawyer's clients has no relationship to his representation of either and he received no information about the dispute from the client he…
Can salaried house counsel claim a reasonable attorney's fee from the debtor when collecting on notes?
The opinion concluded that, unless full explanation is made to the court, it is unethical for a salaried attorney to claim a reasonable attorney's fee for collecting notes, because he would be…
May an out-of-state corporate lawyer's business card show a corporate title alongside a Florida company address?
The opinion concluded that a business card showing the corporation's name and Florida address may identify the corporate attorney's position, but if the attorney is not licensed in Florida the card…
Can an elected county attorney represent a private employer in a labor dispute?
Yes. The committee concluded that because Kentucky did not bar county attorneys from civil practice unrelated to their criminal duties, there was no ethical inhibition against a county attorney…
Can a lawyer who handled a company's asset sale and was its officer later sue the seller on the buyer's behalf over that same sale?
No. The committee concluded that a lawyer who had long represented the selling corporation, served as its secretary, and actively handled the asset transfer could not represent the successor…
Can a lawyer with a J.D. degree use the title 'Doctor' on business cards and letterhead?
No. The committee concluded a lawyer may not use 'Doctor' or 'Dr.' before his name on cards or letterhead, treating it as approaching advertising or solicitation, though placing the initials 'JD'…
Can a lawyer maintain and disburse a bail fund for people charged with crimes, even non-clients?
The opinion concluded the lawyer cannot. Running such a fund would do indirectly what the statute barring an attorney from acting as bail forbids directly, would place the lawyer in the bail bond…
Can a lawyer organize, buy tickets for, attend, or contribute to a testimonial dinner for a judge or a candidate for judge?
The opinion concluded that a lawyer may not organize, purchase tickets for, attend, or contribute to a testimonial dinner for a sitting judge or a candidate for judicial office unless the event is…
Could a Nebraska lawyer keep a client's original will in safekeeping?
Yes, with the client's express permission or at the client's express request. The lawyer had to identify, safeguard, record, and deliver client property as required by the former rule.
Could a former ward's lawyer defend the guardian against the original petitioner's removal proceeding?
No. The ward had never discharged the lawyer and could no longer do so, and defending the guardian might oppose the ward's interests in the same issue addressed during the guardianship.
Could a Nebraska lawyer lease a branch law office from a county judge before whom the lawyer regularly practiced?
No. Although the lease was not facially improper or expressly prohibited, the business relationship connected to law practice could create public suspicion about the judge's impartiality.
Could a county attorney prosecute a corporate officer for stealing trade secrets from a corporation the attorney represented privately?
No. The county attorney's private representation of the corporation and its chief officer could influence prosecutorial discretion in a case centered on that corporate client's files and interests.
Could a Nebraska county attorney's firm represent a party in a divorce involving minor children?
Opinion 71-2 said no because later neglect or nonsupport prosecutions could conflict with the private representation. Opinions 74-1 and 74-12 later created county-policy and out-of-county exceptions.
Could a firm continue a criminal defendant's Nebraska Supreme Court case after a firm member became county attorney?
Yes while the Attorney General handled the purely legal constitutional issue and no client confidences were material. The firm would have to withdraw if the case returned for rearrest and further…
Can a law firm represent both a savings and loan association and the title insurance company that issues title policies to it, where firm members are the S&L's president and closing attorney?
The Committee concluded that, on the stated facts, a firm may represent both a savings and loan association and a title insurance company that issues title insurance to it because full disclosure…
Can a lawyer send the opposing party copies of the letters the lawyer writes to opposing counsel?
The Committee concluded that, as a general rule, an attorney should not send copies of letters written to opposing counsel to opposing counsel's client; an exception is a demand that the opposing…
Does an illuminated neon sign bearing a law firm's name near the office entrance violate the Texas Canons of Ethics?
The Committee concluded that the described neon sign would violate Canon 24, which prohibits direct and indirect solicitation; a law-office sign must be of modest size and serve to help a person…
Can a district attorney use his official government stationery when handling his own private civil cases?
The Committee concluded that a district attorney should not use his official stationery in his personal civil practice, because doing so would be misleading and self-laudatory in violation of Canon 24.
While deposing a represented opposing party, can a lawyer advise that party about the law involved in the case?
The Committee concluded that an attorney may not, through the guise of a deposition, advise a represented opposing party about the law involved in the controversy, and this holds even where the…
Can a lawyer who also serves as a municipal judge put 'Judge' before his name on his professional business card?
The Committee concluded that a lawyer who is also a municipal court judge may not show the word 'Judge' before his name on his professional card; Canon 39 limits the card's contents and the added…
Can a lawyer let a corporation list them as its counsel in the company's published financial statement?
The opinion concluded that a lawyer may not ordinarily permit being named as counsel in a corporation's financial statement published in a newspaper of general circulation, but that the…
Can lawyers who are not actually partners list their names together under one firm name on letterhead, an office door, or a law list?
The committee concluded that for attorneys who are not true partners to list their names together as a single firm name is ethically improper, because the firm name falsely suggests a partnership…
Can a law firm send client billing and accounting records to an outside data processing service without breaching the duty to preserve client confidences?
The committee concluded that a firm may use an outside data processor for bookkeeping, billing, and accounting if it selects the agency with due care and warns it to keep the data confidential.…
Can a lawyer print a union 'bug' on the firm's letterhead or let clerical staff add union local symbols to correspondence?
The committee concluded that using a union printing 'bug' on a lawyer's letterhead, and permitting clerical staff to place union local symbols on correspondence, were objectionable as a form of…
Is the ACLU of Florida a group legal services organization that Florida lawyers may cooperate with under the ethics rules?
The opinion concluded that the ACLU of Florida was not an organization within DR 2-103(D)(5), so it did not fall under the Integration Rule's group-legal-services controls, though the committee…
Can a Florida lawyer keep a title insurance premium rebate check when the lawyer only ordered and forwarded the policy for a client?
The opinion concluded that the lawyer must forward the rebate to the client, because no legal service was rendered on the policy and the saving belongs to the client.
Must a lawyer get a hearing before the trial judge before interviewing a juror after filing notice of intent to do so?
The opinion concluded that the Code of Professional Responsibility did not require a hearing before the trial judge after a notice of intention to interview a juror had been filed.
Can a part-time city prosecutor or the prosecutor's firm take criminal defense work in other courts?
The opinion concluded that, absent the unavailability of other counsel, neither a part-time city prosecutor nor members of his firm may handle criminal defense work in any court.
Can a lawyer represent a workers' compensation claimant against an employer the lawyer's office also represents in other matters?
No, while the representation continues. The opinion concluded that it is improper to represent a comp petitioner against an employer the attorney still represents; if that representation has fully…
Can a lawyer take on clients who fired their prior attorney despite a written representation agreement?
The opinion concluded that it is not unethical to represent a client who has terminated a prior attorney, notwithstanding a written employment contract, where the new lawyer did not encroach on the…
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.