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 lawyer represent a new client in a suit brought by a former client when the new suit is unrelated to the prior work?
The opinion concluded that an attorney may represent a client in an action against a former client where the matter in litigation is unrelated to the prior representation, provided the attorney uses…
When a former client subpoenas the lawyer to testify about advice given, can the lawyer reveal it to defend the competence of that advice?
The opinion concluded that the lawyer should raise the attorney-client privilege if he believes the testimony falls within it, but that the lawyer must be able to testify in self-defense once the…
May a plaintiff's lawyer negotiate settlement directly with an insurance carrier's adjuster when the carrier is represented by defense counsel?
The opinion concluded that a plaintiff's attorney may negotiate with an insurance carrier's adjusters, provided the negotiations are with the knowledge and consent of defense counsel.
Can a lawyer who places a client's investments charge a full fee and also keep a finder's fee from the institution?
The opinion concluded that a lawyer investing client funds may not both charge the client a full fee and keep a finder's fee from the institution; the client must receive the benefit of the finder's…
Can one lawyer represent both the driver and the passenger-owner against the other driver if they sign waivers agreeing not to sue each other?
No. The opinion concluded that consent and waiver do not permit an attorney to represent two or more parties who may have potential claims against one another arising out of the same transaction.
Can a lawyer buy meals, gifts, or entertainment for a judge or administrative hearing officer who hears the lawyer's cases?
The opinion concluded that it is improper and unethical for a lawyer to curry favor with a judge or administrative hearing officer by buying meals, giving whiskey, or paying for entertainment;…
Can a lawyer organize, buy tickets for, attend, or contribute to a testimonial dinner for a sitting judge?
The opinion concluded that a testimonial for a sitting judge may be organized only by a recognized bar association, and that it is unethical for individual lawyers to organize one or to purchase…
Can a lawyer write a newspaper legal-advice column that answers readers' submitted questions?
The opinion concluded that a lawyer's newspaper column must be limited to answering questions of general interest and may not answer individual requests for legal advice, even anonymously.
Can a Florida lawyer be of counsel to or a partner in a law firm based in a foreign country?
The opinion concluded that whether a Florida lawyer may be of counsel to or a partner in a foreign-country firm is for that jurisdiction's authority to decide, assuming the firm has no Florida…
Can a closing attorney pay a mortgage company a per-loan fee for the secretarial work it does preparing closing documents?
No. The committee concluded that an attorney's payment to a lending institution for secretarial services on loan closings, in any of the proposed forms, amounted to subsidizing the institution and…
Can a lawyer represent a town's zoning board when his law partner (and relative) sits on the town's governing body?
No. The opinion concluded that it is not proper for an attorney to represent a zoning board where his law partner sits as a member of the municipality's governing body, because appearing before his…
Can a lawyer publicly campaign through mass media against a judge the lawyer believes is unqualified?
The opinion concluded that a lawyer has both the right and the duty to oppose the election or reelection of a judge believed unqualified, but should not act in ways that lessen public confidence in…
Can a lawyer let a client send collection form letters under the lawyer's name but with the client's return address?
The opinion concluded that it is unethical for a lawyer to allow a client to send out form letters under the lawyer's name, with the client's return address, for collection purposes.
Can a firm's announcement say that associating attorneys are with its 'Securities Law and Corporate Practice Department,' and may it be sent to lawyers?
Yes, to lawyers only. The opinion concluded that 'Securities Law and Corporate Practice' is a particular branch of law under Canon 46, so the inquirer may include that language in an announcement…
Can a lawyer list degrees like 'J.D., LL.M. (in Taxation)' after his name in a professional announcement?
Yes, to lawyers only. The opinion concluded that, under Canon 46, the inquirer may include the degree language 'J.D., LL.M. (in Taxation)' in an announcement he sends to the local bar.
If a lawyer becomes municipal prosecutor, are his partners barred from appearing before the town's boards, and from other towns' courts?
Partly. The opinion concluded that if a partner becomes municipal prosecutor, all firm members are barred from appearing before that borough's council and boards; they are barred from other…
Can one lawyer pay another a referral fee for sending over the driver of a car while the referring lawyer keeps the passenger from the same crash?
No. The opinion concluded that a referral fee for sending the driver to one lawyer while the referring lawyer keeps the passenger violates the spirit, if not the letter, of the Supreme Court's…
Can a bar association set up, and lawyers join, a plan to finance clients' legal fees through local banks?
No, as revised. The opinion concluded that even after deleting the provision letting the bank hire the lawyer to sue a defaulting client, the legal-fee financing plan still connoted a…
Can a criminal defense lawyer charge a contingent fee, or take a secured promissory note for the fee balance?
The opinion concluded that a contingent fee in a criminal case is improper, but that a lawyer may take a note for an agreed fee balance bearing lawful interest, secured by a transfer that is in form…
Can a zoning board attorney keep defending the board on appeal when the appealing applicant is a client of the attorney's law partner?
No. The opinion concluded it is unethical for a board of adjustment attorney to continue defending the board's denial of a variance when his firm partner represents one of the principals of the…
Can a lawyer collect a finder's fee from a bank for steering client funds into its accounts, and must he disclose and hand over the fee?
Yes with consent, but the fee belongs to the client. The opinion concluded a lawyer may recommend such investments only with full disclosure and knowledgeable consent, and must turn over or credit…
May a lawyer hold a client's documents or trust funds under a retaining lien for unpaid fees?
The opinion concluded that a lawyer may exercise a valid retaining lien on a client's documents and funds properly in the lawyer's custody, but whether a valid lien exists is a question of law the…
Can two lawyers who are not partners share a reception room and library without it looking like a partnership?
The opinion concluded that two non-partner lawyers may share a common reception room and library if they make every reasonable effort to avoid any impression of partnership, including separate…
Can a law professor list a J.D. degree in university or law school publications without explaining the degree or stating its date of award?
Yes. The committee found that a law faculty member may permit his J.D. degree to be reflected in a faculty listing without further explanation or date of award, because such a listing carries no…
Can a lawyer serve as a Selective Service Government Appeals Agent when the role requires protecting both the registrant and the Government?
Yes, but only with clear up-front disclosure. The committee concluded the role is incompatible with an attorney-client relationship, so the lawyer had to tell both the registrant and the Government…
Can a lawyer who is a part-time associate of the municipal attorney appear as counsel for the town's board of adjustment in litigation the municipal attorney is also handling?
No. The opinion concluded that because the inquirer and the municipal attorney were associated (indirectly if not directly) in the practice of law, and were publicly so perceived, his appearing for…
Can a lawyer help a client buy a dormant corporation so the client can borrow at an interest rate that would be usurious if lent to an individual?
It depends on the facts. The opinion concluded the question is factual, not ethical: if the corporate borrower is bona fide (formed or used for valid business reasons, not as a cloak to evade the…
Can a lawyer taking a government job hand his practice to a firm and become 'of counsel' to it?
Yes, with conditions. The committee concluded a lawyer entering government service could transfer his files and become 'of counsel' to a firm for a fixed retainer, provided he safeguarded client…
Can a county attorney's law partner appear before a public board that the county attorney's office advises?
Generally no. The committee concluded a county attorney or assistant cannot have a partner (or even an office-sharer) appear in opposition before the zoning commission they advise, and a…
Can a lawyer mail tax information worksheets to clients to help them prepare their income tax returns?
Yes, but only to existing clients. The committee concluded an attorney may mail income-tax information worksheets to people with whom he already has an attorney-client relationship; sending them to…
Can a lawyer who sued for a tax assessor to settle ownership then represent one of the rival claimants in that suit?
The opinion concluded that a lawyer who, as counsel for a tax assessor, filed a declaratory judgment action to determine which claimant owned property and reviewed the title proof may not then…
Can a lawyer represent both a corporation and its principal in consolidated suits where one is plaintiff and the other a defendant?
The opinion concluded that the lawyer could represent both the corporation and the principal in the consolidated litigation if their interests were not actually or potentially differing, informed…
Could a lawyer collect legal fees through a bank credit-card plan, validating and depositing the bill for immediate payment?
No, at the time. The opinion concluded that, following the ABA, it would be unprofessional for a lawyer to subscribe to a bank credit-card plan for collecting legal fees, because such plans treat…
Can a municipal attorney appear with a municipal official subpoenaed to testify about municipal matters, and can the town pay for it?
Yes, within limits. The opinion concluded that a municipal attorney may represent an official testifying on municipal matters and the town may pay, but he must withdraw and send the official to…
Can a municipal attorney foreclose tax sale certificates for private clients in the same municipality he serves?
No. The opinion concluded that the potential conflict inherent in foreclosing private clients' tax sale certificates in the municipality the attorney serves makes such representation improper.
Can a salaried in-house lawyer litigate, file suits, handle agency appeals, and negotiate contracts for the employer corporation?
The opinion concluded that a lawyer employed by a corporation on salary may defend it in litigation, file suit on its behalf, represent it in administrative appeals, and conduct negotiations for it,…
Can a legal services program have law-student clerks interview prospective clients to screen eligibility and identify the problem?
The opinion concluded that a legal services program may permit law-student clerks to interview prospective clients to determine eligibility and ascertain the general nature of the problem, where the…
Can a corporation's general counsel set up an office at the company to prepare wills and estate plans for employees who pay their own fees?
No. The opinion concluded the plan violated the Canons of Professional Ethics: it was not protected group legal practice, and it raised an employer intermediary problem (Canon 35), solicitation and…
Can a lawyer practice in the criminal and juvenile courts where his mother works as secretary to the county's Chief Probation Officer?
Yes. The opinion concluded that, absent actual misconduct, the mere employment of a close relative in a court-related department does not create enough appearance of impropriety to bar the attorney…
Can a lawyer (or his firm) defend an indigent criminal client when the lawyer's brother is an investigator in the prosecutor's office?
It depends on whether the brother is a witness. The opinion concluded the assigned attorney (and his firm) may represent the defendant when the investigator brother will not testify, but it is…
Is it a conflict for a lawyer to represent a municipal planning board when his law partner is the father of the town's mayor?
No. The opinion concluded the representation is proper, reasoning that only actual kinship between the lawyer and the official is proscribed; a relationship as remote as being the partner of the…
Can a municipal judge also act as the attorney for a developer whose land project needs approvals from that same municipality's boards?
No. The opinion concluded that a municipal judge may not represent a developer of land in the municipality he serves when the project depends on actions of the municipal planning and zoning boards,…
Can the partners of a lawyer who sits on a city police and fire commission represent criminal and traffic defendants in that city?
The opinion concluded they may not, in the cases the commissioner-partner must avoid. No partner may represent criminal or traffic defendants where the partner on the commission would have to…
Can the law partners of a lawyer who is bargaining agent for a deputy sheriffs' association take criminal defense cases in that county?
The opinion concluded they may. The committee found no inherent conflict that would absolutely foreclose the partners from criminal or juvenile defense work, but the lawyer must advise the client of…
Could a Nebraska lawyer's letterhead or promissory-note form identify the lawyer's real-estate, abstracting, loan, or insurance businesses?
No. The opinion barred a practicing lawyer from specifying other occupations on letterhead, promissory-note forms, or any other written material.
If a client confides that an item he gave the lawyer as a fee was stolen in a past burglary, must the lawyer give the client's name to police?
The Committee concluded that, on these facts, the attorney is prohibited under Canon 34 from disclosing the client's name or any information about the past crime confided to him; the duty to…
Can one defendant's lawyer interview the other represented co-defendants charged in the same transaction without first getting their lawyers' consent?
The Committee concluded that when three persons are indicted over one transaction and each is represented, the attorney for one may not interview any of the others without the consent of that…
Can a lawyer accept 20% of a bail bond premium as a referral fee from the bonding company the lawyer sends clients to?
A divided Committee (6-3) concluded that a lawyer may accept a percentage of the bond premium for a referral only with full disclosure to the client and the client's consent; the bond premium is not…
Can a lawyer display certificates for, or list, both an LLB and a JD when he earned only one law degree?
The Committee concluded that an attorney who earned only one law degree may not display certificates for both an LLB and a JD, and may not list both when summarizing his academic background, because…
Must a lawyer accept a court appointment to represent an indigent criminal defendant, and can courts appoint counsel from outside the county or set the compensation?
The committee treated the questions as primarily legal and long settled by the courts, concluding that an attorney is obliged to accept court appointments to represent indigents, that courts may…
When a public defender represents co-defendants in a criminal case, at what point must the lawyer withdraw because of a potential conflict of interest?
The committee concluded that an attorney representing co-defendants in a criminal case should refuse or withdraw from the representation as soon as a potential conflict is recognized, not wait until…
Can a patent law firm take an additional phone-directory listing under a broader heading, and can it list an employed nonlawyer patent agent's name above the firm name?
The committee concluded that a patent law firm could list only under the segregated 'Patent Lawyers' heading and not also under a broader 'Patent Attorneys and Agents' heading, and that listing an…
When the same insurer covers both the plaintiff and the defendant, can the defense lawyer use the plaintiff's statement to the insurer against the plaintiff at trial?
No. The opinion concluded that where both parties are insured by the same company, a lawyer retained by the insurer to defend may not use the plaintiff's statement to the company against the…
Can a lawyer hired by an insurer to defend an insured develop facts that would defeat coverage, after telling the insured to get his own lawyer?
No. The opinion concluded that defense counsel retained by a carrier owes the insured undivided fidelity and may not take a position adverse to coverage in the case itself; he must disclose the…
Can one attorney represent both the board of adjustment and the planning board of the same municipality?
No. The opinion concluded that an attorney should not represent both boards of the same municipality, because the potential for conflict between them is so inherent in their different statutory…
Must a divorce lawyer disclose to the court that his client committed adultery, an affirmative defense, or keep it confidential?
Keep it confidential. The opinion concluded that the duty to preserve a client's confidences requires the lawyer not to disclose facts amounting to an affirmative defense (adultery) in a divorce…
When an insurer hires a lawyer to defend its insured, whose interests come first if the insurer and the insured disagree on strategy?
The opinion concluded that a lawyer hired by a liability insurer to defend its insured must represent the insured with undivided fidelity and may not take any position potentially disadvantageous to…
Can a lawyer supply title insurance policies to a lay-owned company to sell to the public?
The opinion concluded that an attorney may not provide a lay agency with Lawyers' Title Guaranty Fund insurance policies for sale to the public, finding the arrangement violated the rules against…
Can a lawyer who represented both buyer and seller later pursue a claim against the former seller-client over documents the lawyer prepared?
The opinion concluded that a lawyer may not participate in asserting a claim against his former client, the seller, in connection with alleged warranties in instruments the lawyer prepared for both…
Can a lawyer interview the opposing party about the party's expected testimony without opposing counsel's consent?
The opinion concluded that an attorney may not interview the opposing party about the party's anticipated testimony as a witness except with the consent of the opposing party's attorney.
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.