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 Nebraska patent-law firm announce a new office and a registered patent attorney's association?
Yes through a brief, dignified notice to local lawyers and local legal journals, but the firm had to describe its practice as limited rather than claim it was 'specializing.'
Can a lawyer share office space, a waiting room, and overhead with a non-lawyer such as a CPA?
The opinion concluded that sharing office space with a public accountant is not unethical where it is merely for the physical convenience of both parties and the proper safeguards are maintained. An…
May an insurance carrier's attorney give the carrier a blanket form of consent allowing claimants' attorneys to negotiate settlement directly with the carrier?
Yes. The opinion concluded there is no ethical objection to any reasonable means of clearly manifesting the carrier's consent to direct negotiation with claimants' attorneys, whether the consent is…
Can the attorney for a municipal board of health also sue the same municipality, represent private clients before its other boards, or defend cases in its municipal court?
No. The opinion concluded that even though the board of health is largely autonomous, it remains an agency of the municipality, so its attorney may not pursue negligence claims against that…
Can a member of a city's law department who prosecutes in municipal court also defend a police officer charged in that same court?
No. The opinion concluded that any member of the city's law department who prosecutes cases in the municipal court should not defend a police officer in the same court; the municipality may instead…
Can a municipal solicitor defend a criminal defendant when the alleged offense occurred in his own municipality and was investigated by its police?
No. The opinion concluded it would be improper for a municipal solicitor to represent a defendant in a criminal action where the offense allegedly occurred in the municipality he serves and the…
Can an assistant municipal attorney represent a client in a claim against the board of education that the municipality's governing body appoints?
No. The opinion concluded it would be improper for an assistant municipal attorney to prosecute a workers' compensation claim against a board of education appointed by the municipal body he…
Can a Florida lawyer employ an attorney who is not admitted in Florida as a research assistant?
The opinion concluded that a Florida lawyer may employ an attorney who is not a member of The Florida Bar as a research assistant, provided the assistant does no work constituting the practice of…
Is it a conflict for an attorney to serve as counsel to a planning board when a relative sits on, and chairs, that board?
No. The opinion concluded there was no unethical conduct in an attorney representing a planning board chaired by his uncle, because in advising the board he sought no discretionary favor for a…
Can a lawyer who represented a widow on behalf of her late husband's estate later sue that same estate on the widow's own injury claim?
No. The opinion concluded a conflict exists, in violation of Canon 6, when an attorney who represented the widow on behalf of her deceased husband's estate then represents her in a claim against…
Could a Nebraska legal-aid society place city-bus posters telling people unable to afford counsel how to contact it?
Yes, if the posters were dignified and named no individual lawyer. The message could identify the society, its purpose, address, and telephone number.
When a lawyer asks an unrepresented party to sign a deed, must the lawyer explain why?
The opinion concluded that a lawyer who asks an unrepresented party to sign a quitclaim deed needed to procure an insurable title for his client should state, in understandable terms, the precise…
Can a lawyer holding settlement funds in trust refuse to pay a forwarding attorney by claiming a retaining lien?
The opinion concluded that whether a retaining lien exists is a question of law beyond the committee's jurisdiction, but that if an attorney is entitled to a retaining lien he may ethically exercise…
Can a lawyer with an associate use the heading 'Law Offices of [name]' on stationery and pleadings?
The opinion concluded that there is no impropriety in a member of The Florida Bar and his associate using the heading 'Law Offices of [name]' on firm stationery, in pleadings, and in the signature…
What telephone directory listing details may a lawyer or firm use, such as alternate listings, bold type, extra address lines, or after-hours numbers?
The committee concluded that a lawyer's directory listing must look like every other lawyer's: no alternate listings, no listing firm members' names under the firm name, no bold or unusual type, no…
Can an associate of a state attorney take appointed criminal defense work in federal or municipal court?
The opinion concluded that it would not be appropriate for an associate of a state attorney to accept appointment as defense counsel under the Federal Indigent Criminal Defense Act or to appear for…
Can a corporation's lawyer later sue a stockholder who had paid part of the lawsuit's cost deposit?
The opinion concluded that a lawyer representing a corporation in litigation may later join as a defendant a stockholder who paid part of the cost deposit, provided the lawyer received no…
Can a private law firm on retainer to a railroad use the railroad's company stationery marked 'Law Department' and 'Division Counsel'?
The firm could use 'Division Counsel' stationery only in dealings with the railroad's own employees or representatives, and could not use the 'Law Department' designation at all, because the firm's…
Can a lawyer in a private adoption reveal the adopting parents' identity to the hospital to avoid being sued for the unpaid bill?
The opinion concluded that the lawyer, having arranged to keep the adopting parents anonymous to protect the confidentiality of the adoption, could not disclose their identity to the hospital; any…
Can a law firm note on its office door that one of its members is a state senator?
The opinion concluded that a law firm may not display on its office door the fact that the office is also the office of a firm member who is a state senator.
Can a creditor's attorney send a debtor a 'Final Notice Before Action' form?
The opinion concluded that an attorney representing a creditor may not use a 'Final Notice Before Action' form, because the form is designed to mislead debtors who are not represented by counsel.
Is it unethical for a lawyer to claim a retaining lien on a client's property to secure unpaid fees?
The opinion concluded that it is not unethical for a lawyer to claim an attorney's retaining lien in good faith; the existence and extent of the lien are questions of law to be resolved by the…
Can an attorney participate in closing a savings-and-loan mortgage where the borrower pays points, given an earlier opinion calling points improper?
Yes. The opinion concluded that because the 1963 Savings and Loan Act makes the usury prohibition inapplicable to such loans, an attorney may participate in closing a savings-and-loan mortgage where…
After suit is filed, may a plaintiff's lawyer communicate directly with the defendant's liability insurer instead of through the insurer's appointed defense counsel?
No. The opinion concluded that once a carrier has retained counsel of record to defend its insured, Canon 9 requires plaintiff's counsel to refrain from communicating with the carrier unless the…
Is a divorce lawyer disqualified from continuing to represent the wife because he held a reconciliation conference with the unrepresented husband and took a small fee?
No. The opinion concluded the lawyer could continue to represent the wife where he repeatedly urged the husband to get his own counsel and received no confidences, though it said he should not have…
Can a law firm share a building, entrance, signage, and staff with a related real estate and insurance business?
No. The opinion concluded that even if the lawyers only shared facilities and personnel, the arrangement creates the impression that they have an interest in the real estate and insurance business…
What should a lawyer do when a client revokes a medical-bill assignment after the lawyer is already holding the settlement proceeds the doctor claims?
The opinion concluded that, when a client revokes a prior medical-lien assignment after the lawyer holds the settlement proceeds, the lawyer should first try to help the client and physician…
Can a patent lawyer be listed in the phone directory under both patent lawyers and lawyers headings?
The opinion concluded that a Florida lawyer duly qualified to practice before the United States Patent Office may be listed in the classified telephone directory under both the patent lawyers…
Can a lawyer share a contingent fee with another attorney whose only role in the case was serving as a witness?
The opinion concluded that it would be improper to divide a contingent fee with another attorney whose only contact with the litigation was as a witness.
Can a lawyer who used to represent an association later represent a client suing that association?
The opinion concluded that a lawyer who had represented a cooperative apartment association may later represent an officer-client whose rights are affected by proposed bylaw amendments, provided the…
Can attorneys fund a nonprofit loan program for accident victims secured by the victims' claims and repaid from case proceeds?
The opinion concluded that a nonprofit lending fund financed by attorney contributions, providing loans to accident victims secured by assignment of their claims and repaid from case proceeds, would…
Can a lawyer keep representing a corporation in civil collection litigation after its president is indicted for related conduct?
The opinion concluded that an attorney may represent a corporate client in collection litigation even though the corporation's president has been indicted over similar contracts, so long as the…
Can a lawyer who opposed a rezoning for one group later seek a similar rezoning for an adjacent landowner over those former clients' objection?
The opinion concluded that an attorney who had unsuccessfully represented clients opposing the rezoning of a tract may not later represent the owner of an adjacent tract seeking similar rezoning…
Can a bar association set up a bank-financed plan to let clients finance their legal fees through installment loans?
The opinion gave general approval to a proposed legal services financing plan in which banks lend clients the fees on the clients' own credit, finding no ethical impediment so long as the lawyer is…
Can the same attorney serve as counsel to both a municipality's planning board and its board of adjustment?
No. The opinion concluded it is improper for one attorney to represent both the zoning board and the planning board where each agency routinely refers matters to the other and the likelihood of…
Can a legal aid society represent several groups of co-defendants with potentially adverse defenses, and can it cure the conflict by spreading them among its own staff?
No. The opinion concluded the society would have a conflict in representing multiple co-defendant groups whose defenses could be inconsistent; full disclosure cannot cure it, assigning the cases to…
Can a lawyer display both an LL.B. and a J.D. diploma when the J.D. was issued as a substitute for the LL.B.?
The opinion concluded that it would be improper for a lawyer to display both an LL.B. diploma and a J.D. diploma when the J.D. was granted as a substitution for the LL.B., because doing so would…
Should a legal services program file divorce suits for clients it cannot serve and then hand them off to private counsel?
The opinion concluded that it would be more appropriate for a legal services program to refer ineligible parties to other agencies at the outset, rather than to file divorce litigation on their…
Can a lawyer represent a business competitor of an existing client over that client's objection?
The opinion concluded that a lawyer is not ethically precluded from representing a competitor of an established client in business affairs over the first client's objection, as long as the lawyer…
Can a county attorney who handles only civil matters defend a criminal case in the same county?
The opinion concluded that a county attorney whose duties relate only to civil matters may defend a person charged with crime in his county where the county commissioners have no control or…
Can a lawyer structure a home purchase so title goes to the wife alone in order to keep an existing judgment against the husband from attaching to the property?
No. The opinion concluded that an attorney's participation in a fraudulent conveyance, with actual knowledge of its true character and purpose, is unethical and unprofessional conduct, even if it…
Can a lawyer also run a real estate or insurance business, share office space with it, and advertise it?
The opinion concluded that it is not improper per se for a lawyer to engage in a law-related or other business such as real estate or insurance, provided all aspects conform to the Mississippi Rules…
May a lawyer who is a partner of, or shares an office with, an assistant district attorney accept appointment or employment to defend criminal cases?
A partner (or a lawyer sharing fees or client responsibility) may not, because the conflict is inherent and non-consentable; a lawyer who only shares office space, with no shared fees,…
May a part-time municipal-court judge whose court is not a court of record defend persons charged with crimes in other courts?
Largely no. The committee concluded that a court-not-of-record judge who tries misdemeanors and binds felony defendants over should scrupulously avoid accepting criminal defense work, except to…
Can a lawyer use a postage meter that prints a short slogan alongside the postage?
The opinion concluded that there was no ethical objection to a lawyer using a postage meter imprinting the message 'Law, Rule of Right, Not Might.'
Must a lawyer whose income comes almost entirely from being house counsel or a corporate officer keep separate personal and business bank accounts under the attorney-records rule?
No. The opinion concluded that a lawyer paid almost exclusively as house counsel or a corporate officer need not keep separate personal and business accounts merely to record his salary, since he is…
Can a lawyer who serves a city's redevelopment agency, forecloses its tax sale certificates, or sits on its sewer authority also appear before city bodies for private clients?
The redevelopment agency's lawyer may not appear before city bodies for private clients. The tax-foreclosure lawyer is barred while handling city foreclosures or regularly retained; a…
Can a lawyer take over a matter from another lawyer the client wants to replace?
The opinion concluded that a lawyer may properly accept employment on a matter previously handled by another lawyer, provided the superseding lawyer has assured himself that the client has given the…
Can a lawyer speak at a bank-sponsored estate planning seminar held for residents of an apartment building?
The opinion concluded that a lawyer may participate as a speaker in a bank-sponsored estate planning seminar held at an apartment house, where the talk addresses estate planning in general and the…
Can a lawyer take part in a public mock-court education program run by a legal secretaries association and the local bar?
The opinion concluded that a lawyer may participate in the St. Petersburg Legal Secretaries Association's annual 'Days in Court' public education project, sanctioned by the local bar association,…
Can a Florida lawyer employ a retired out-of-state lawyer as an office manager who talks with clients and attends hearings?
The opinion concluded that a Florida lawyer may not employ a retired member of another state's bar as an office coordinator and manager whose duties include talking with clients and attending…
Can a legal services program represent clients with conflicting interests by assigning different lawyers or separate offices?
The opinion concluded that, absent client consent, a federally funded legal services program may not represent conflicting interests, and using different lawyers or separate 'law offices' within the…
When a lawyer sits on a state board, can his law partners represent clients before that board or appeal its decisions?
No. The committee concluded that when a partner sits on a state board or administrative body, the firm's other lawyers may not represent clients before it, and may not represent a party appealing…
Can a lawyer write a will that leaves a bequest to the lawyer who drafted it?
Applying State v. Collentine, the opinion concluded a lawyer may draft a will in which he is a beneficiary only when he is a natural object of the testator's bounty and receives no more than he…
Could a Nebraska lawyer sell casualty or similar insurance from a law office?
Yes under this 1968 opinion, but not life insurance, and only without advertising when both practices were too small to support separate offices and the business did not feed legal work.
Would the Nebraska advisory committee opine on another lawyer's completed conduct that could become a disciplinary charge?
No. The committee limited advisory opinions to a lawyer's own contemplated conduct and avoided completed acts, other lawyers' conduct, pending questions, and matters likely to reach it on…
Can a former civil-section assistant DA defend people indicted after he left, for offenses committed while he worked there, if he never touched the criminal side?
A divided Committee concluded that a former civil assistant in a DA's office may represent a defendant where the indictment was returned after he left, even if the offense occurred during his…
Can a lawyer with a Juris Doctor degree call himself 'Doctor,' 'Dr.,' or 'J.D.' in letters, ads, and general communications?
The Committee concluded that, as a general rule, a lawyer may not use the titles 'Doctor' or 'J.D.' in any manner related to his identity or practice, as self-laudation under Canon 24, though he may…
Can an in-house lawyer employed by one corporation also do legal work for its parent, subsidiary, and related companies?
The Committee concluded that a lawyer employed and paid by one corporation may render legal services to its parent, subsidiary, and related corporations, with no Canon 32 intermediary problem and no…
Can a lawyer interview or take a statement from an employee of an adverse corporate party without opposing counsel's consent?
The Committee concluded that a lawyer may interview and take statements from employees of an adverse party without opposing counsel's consent if full disclosure is made, except that an employee…
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.