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 lender's lawyer charge the borrower or seller for the lender's attorney fees, and does that create a conflict?
The opinion concluded that there is no impropriety in a mortgage company requiring borrowers or fund recipients to bear or contribute to its attorney's fee, but that a party other than the borrower…
Can a lawyer who is also an ordained minister display an ordination certificate in the law office?
The opinion concluded that a lawyer who is an ordained minister may display an ordination certificate on his office wall among other certificates, without violating the rules against advertising and…
Can an assistant county prosecutor represent private plaintiffs in a civil rights suit against a police department in the same county?
No. The opinion concluded it is improper for an assistant county prosecutor to represent private plaintiffs suing a municipality, its police department, and officers in the same county, because of…
Can a lawyer who shares an office with the municipal attorney represent a developer building and selling homes in that municipality?
No. The opinion concluded that an office associate of the municipal attorney may not represent a developer operating in the municipality that employs the municipal attorney, because the conflict…
Can a New Jersey lawyer go ahead with a closing when the other party is represented by an out-of-state lawyer or a non-lawyer who is engaged in unauthorized practice?
Yes. The opinion concluded it is not unethical for a New Jersey attorney to continue representing his client even where the other party is represented by someone not authorized to practice law in…
If a lawyer defending another attorney in a bar disciplinary proceeding learns the client misrepresented material facts to the committee, must the lawyer disclose it, and may the lawyer withdraw?
The committee concluded it is improper for the lawyer to fail to disclose the client's misrepresentation of material facts to the committee, and it is not improper to withdraw from the…
Can lawyers form a for-profit business trust that performs and financially backs their title-opinion work and markets title services to the public?
No. The committee concluded the proposed 'Attorney's Title Opinion Fund' would be a lay agency performing legal services for profit and would inevitably act as a feeder for its members' private…
Can a law firm represent a client against people it previously represented only in an unrelated routine matter such as a change of name?
Yes, on these facts. The opinion concluded there was no conflict because the firm's prior representation of the now-adverse parties was a routine change-of-name proceeding wholly unrelated to the…
Can a part-time assistant municipal attorney represent a builder client operating in the municipality if he discloses the relationship and steps aside from the variance hearing?
No. The opinion concluded it is unethical for an assistant municipal attorney (also zoning board counsel) to represent a builder operating in his municipality, even with disclosure to the board,…
Can a lawyer sue a corporation his firm once organized, or one of its principals, in an unrelated matter?
The opinion concluded that a lawyer may represent a plaintiff against a corporation his firm organized, or against a principal, provided the suit is unrelated to the incorporation work and no…
May a lawyer refuse a court appointment to represent an indigent criminal defendant on the ground that his practice is limited to civil matters?
No. The committee concluded that, in a county with no public defender, refusing an appointment because one handles only civil cases is a 'trivial reason' under Canon 4 and is unethical; a lawyer may…
Can one attorney represent both the driver and the passengers in a suit against another driver, and does it matter if a passenger is the driver's child?
It depends on the passenger. The opinion concluded the attorney may not represent the driver together with passengers who are legally free to sue him (here, an adult sister and a child's friend),…
Can a town attorney and prosecutor temporarily sit as judge of the same municipal court?
The opinion concluded that an attorney should not sit even temporarily as judge of a court in which he is normally the prosecuting officer, because his role as legal advisor to the arresting…
Does a lawyer acting as a title insurance issuing agent improperly solicit by complying with state disclosure regulations?
The opinion concluded that a lawyer serving as a title insurance issuing agent may comply with state regulations requiring disclosure of coverage limits and an offer of owner's coverage, and that…
Can a legal aid staff attorney defend a case brought by a plaintiff who is represented by a lawyer serving on the legal aid organization's board of directors?
Yes, provided informed consent is obtained from both litigants and the board of directors is completely removed from the attorney-client relationship between the staff attorney and the defendant.
Can a county attorney defend property owners in a condemnation suit brought by the county school board?
The opinion concluded that a county attorney should not represent defendants in a condemnation suit brought by the Board of Public Instruction, even though he does not represent that board, because…
Can a lawyer regularly employed by a city board represent private clients before the city's governing board?
The opinion concluded that an attorney employed on a regular basis by a municipality or its boards or commissions should not represent private clients before the governing board of the city.
Can a professional association keep the names of deceased former partners in its firm name?
The opinion concluded that a professional association may include in its name the names of deceased members of a predecessor partnership that were previously part of the partnership name, where…
Can a legal services organization represent a wife in a divorce when its predecessor office had earlier represented the husband in unrelated matters?
No. The opinion concluded that a legal services corporation and its predecessor are treated like a single law partnership, so the predecessor's prior attorney-client relationship with the husband…
Can a lawyer bring a negligence suit against a person he once defended in an unrelated, now-dismissed municipal court case?
Yes. The opinion concluded the attorney may bring the negligence action against a former client where the prior matter (a dismissed assault charge) was entirely unrelated in parties and subject…
Can a lawyer contact a juror after the jury is discharged to investigate a possible challenge to the verdict?
The opinion concluded that a lawyer should not contact a discharged juror for any purpose before filing the notice the rule requires, and that the notice should state the basis for challenging the…
Can a Florida lawyer represent a layman who wants to run a business that sends lien notices, files lien claims, and brings lien foreclosures for other laymen?
No. The committee concluded that helping a layman set up such a lien-handling service would assist the unauthorized practice of law and improperly involve fee division with, and an intermediary…
After withdrawing from an estate's administrator who defies a distribution order, can the lawyer represent the other heirs against that former-client administrator?
No. The opinion concluded that when the administrator-client refuses to obey the court's distribution order and the lawyer's instructions, the lawyer has grounds to withdraw, but after withdrawing…
Can a New Jersey firm or lawyer form a partnership with a lawyer admitted only in another state, and how must the letterhead show it?
Yes, with limits. The opinion concluded an interstate partnership is not unethical, but the firm name may not include the name of a lawyer not admitted in New Jersey (even with an explanatory note),…
May a lawyer (or a partner of a lawyer) who represents a city board appear before other boards or commissions of the same city, and does it matter whether he is paid by retainer or by the case?
The committee concluded that because the board is not autonomous from the city, the conflict-of-interest rule (Canon 6) bars the board's attorney and his partner from representing clients before…
Can a former assistant city attorney represent a private client in a zoning matter involving that city?
The opinion concluded that a former assistant city attorney who performed no services for three years, formalized his withdrawal with the council, and gained no information adverse to the city may…
Can a lawyer join a local volunteer ambulance corps or similar civic group?
Yes. The opinion concluded it is proper for an attorney to join a local volunteer ambulance corps, so long as the participation is not used to advertise for or solicit clients, directly or indirectly.
Can a former workers' compensation judge represent the insurance carrier against a claimant whose earlier claim he decided as a judge?
No. The opinion concluded that a lawyer who, as a workers' compensation judge, decided an earlier claim for the same claimant may not later represent the carrier against that claimant, because Canon…
Can a law firm represent both a condominium developer and the residents' association the developer controls?
The opinion concluded that a firm may represent both a condominium developer and a residents' association temporarily controlled by the developer, absent antagonistic interests, provided the…
Can a partner who leaves a firm take the client files he worked on with him?
The opinion concluded that, absent a controlling partnership agreement, the continuing firm's consent, or client instructions, a withdrawing partner has no right to remove from the firm's premises…
Can a workers' compensation lawyer withdraw before an appeal because the appellate fee is too low?
The opinion concluded that withdrawing from a compensation case when appeal is appropriate, solely because the appellate fee is inadequate, would be unethical unless the lawyer had a clear…
Can a lawyer be the planning board attorney when a partner in his firm is the attorney for the same municipality?
No. The opinion concluded it is unethical for an attorney to serve as planning board counsel where a partner in his firm is the municipal attorney for the same municipality, because the…
Can a lawyer who appears as a guest panelist on a TV legal-information show answer specific legal questions from the audience, and accept a viewer as a client afterward?
No. The opinion concluded that answering particular legal questions from audience members on a television program violates the Canons on advertising, intermediaries, and publications, and that…
Is a non-compete clause in a law partnership agreement that bars a departing partner from practicing in the county ethical?
No. The opinion concluded that a restrictive covenant in a law partnership agreement (here, barring a withdrawing partner from practicing in the county for five years) is improper and unethical,…
Can a lawyer charge interest on a note for the unpaid balance of an agreed fee?
The opinion concluded that a note evidencing the balance of an agreed fee may bear interest, provided the rate is lawful and comparable to what a lending institution would charge the client.
If an adverse party demands a lawyer's correspondence with his client, can the lawyer hand it over without the client's consent, and is the client's silence consent?
No. The opinion concluded the client's silence is not consent, and absent client consent or a court order it is improper to turn over attorney-client correspondence even under a subpoena; the lawyer…
Can a lawyer send a debtor a demand letter that encloses a copy of the summons and complaint the lawyer says will be filed if the debt is not paid?
No. The opinion concluded that enclosing a form of summons and complaint with a demand letter is in bad taste and professionally improper, because a person unfamiliar with legal papers might be led…
Does a U.S. Supreme Court decision on the unauthorized practice of law change the ethics rules for a lawyer employed by a manufacturers' association to represent its members?
No. The opinion concluded that the Supreme Court's decision in United Mine Workers v. Illinois Bar Association concerned the unauthorized practice of law, a separate question from the ethics of an…
How must a law firm organized as a professional association tell clients about its corporate form, and can a nonlawyer retirement plan be funded from firm profits?
The opinion concluded that including 'Professional Association,' 'P.A.,' or 'Chartered' in the firm name gives clients adequate notice of the corporate form, that a fictitious name is acceptable if…
Can one lawyer serve at the same time as both public defender and county prosecutor?
The opinion concluded that an attorney may not simultaneously serve as a Public Defender and a County Prosecuting Attorney, because the two positions fundamentally conflict under Canon 6.
Can a lawyer defend someone in a criminal case while suing that same person in an unrelated civil case, if everyone consents?
The opinion concluded that it would not be proper for an attorney to defend a criminal defendant while simultaneously representing a personal injury plaintiff in an unrelated civil suit against that…
Can a former State Bar president use that title when publicly endorsing a political candidate?
The committee declined to rule on the conduct, citing its policy against opining on past or present conduct outside a grievance referral, but it recommended (and the Board adopted) a policy against…
Can a lawyer contribute to the re-election campaign of a sitting judge?
The opinion concluded that a lawyer may contribute to a judge's re-election campaign, provided the contribution is not to influence the judge; it is preferable to give to a campaign committee rather…
Can a lawyer turn away a legal-aid (Judicare) client or accept them only at full customary fees?
The opinion approved a Judicare policy: it is improper for an attorney to reject Judicare clients while offering to take them at customary fees, and improper to reject a client solely because the…
Can the same lawyer draft the documents in a real estate deal and also represent the broker at the closing?
The opinion concluded the lawyer cannot. In drafting closing documents the lawyer acts for the buyer and seller whose property rights are affected, so also representing the broker creates…
Can a lawyer who serves as a court commissioner represent private clients in litigation before the judge who appointed him?
The opinion concluded that it is proper. A court commissioner is not a public officer for incompatibility purposes, and the responsibility to avoid impropriety rests on the judge, not the lawyer.…
Can a lawyer who is also a municipal justice of the peace represent clients in matters opposed to the same city?
The opinion concluded the lawyer may not. A municipal justice of the peace is an officer of the city, so representing police officers in wage negotiations against that city, or private clients…
Could nonresident lawyers join a Nebraska firm or maintain a Nebraska office while principally practicing in another state?
Yes if a true partnership existed, Nebraska clients received diligent and competent service, and every non-Nebraska admission limit was clearly disclosed. A lawyer not admitted in Nebraska could not…
Could a Nebraska lawyer list a home telephone number with the lawyer's individual office listing?
Yes under the individual alphabetical listing, but partners' and associates' home numbers could not be listed as alternates beneath the firm name.
Can lawyers own or rent offices in a building named something like 'Legal Center' or 'Lawyers' Building'?
The opinion concluded that it was improper for attorneys to own or occupy office space in a building named 'Anchorage Legal Center.' The Committee found the geographical reference plus 'center'…
Could a Nebraska lawyer share office space and overhead with life-insurance representatives?
Yes when the only lawyer benefit was reduced overhead, the businesses stayed separate, the insurer did not recommend the lawyer, and the lawyer received no insurance commissions.
Could a Nebraska lawyer who witnessed a testator's will act as counsel in litigation over that or another will?
No when the lawyer's testimony was material. The lawyer could witness the will and later testify about execution, but had to leave contested will litigation to other counsel.
When did Nebraska Opinion 69-1 treat a municipal judge as an active candidate for nonjudicial office?
The judge became an active mayoral candidate after publicly considering the race and sanctioning circulation of qualifying petitions. Judicial Canon 30 then required resignation from judicial office.
Can a lawyer accept a credit card to pay a fee, and may the lawyer display a decal or emblem showing that credit cards are accepted?
A divided Committee concluded that an attorney may honor a reputable credit card in payment of a fee, treating it like a check, but all members agreed that displaying an emblem, window decal, or…
Can court-appointed counsel for an indigent defendant accept a partial fee from the defendant's family as well as the county's appointment fee?
The Committee concluded that court-appointed counsel may accept fees from the defendant's family as well as from the county, provided full disclosure is made to the defendant, the family, and the…
Can a lawyer act as surety on a criminal defendant's bail bond and then represent him, and can the lawyer's name appear on a jail bondsman list shown to prisoners?
The Committee concluded that a lawyer may act as surety on his client's criminal bond only if the attorney-client relationship already exists and he does so without notoriety amounting to indirect…
Can a lawyer let an association publish a bulletin telling its members he is available to handle their personal legal matters unrelated to the group's purpose?
The Committee concluded that an attorney may not knowingly allow an association to advertise to its members that he is competent and will advise them on their personal legal problems unrelated to…
Can a lawyer consent to having his name appear in an investment promoter's advertising as the author of a tax opinion when state regulators require counsel to be named?
The committee concluded that consenting to the use of his name was not improper and did not violate former Rule 2, because the disclosure was made in the public interest under a Commissioner of…
Can a lawyer join a nonlawyer consulting firm to provide legal services to its clients and be featured in the firm's marketing brochure?
The committee concluded that including the lawyer's biographical sketch in the firm's client brochure was improper advertising under former Rule 2, and that joining the firm (as partner, associate,…
Can a local lawyer host a radio program discussing legal topics and taking audience phone calls?
The committee concluded that, where a local attorney would be introduced by name as a local lawyer on a station in the town where he practices, his participation in such a broadcast series would…
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.