Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
Can a lawyer suing a former client to collect an unpaid fee use confidential information learned during the representation?
The Committee concluded that when justice requires a lawyer to sue a client for a reasonable fee as a last resort, it is not unethical to use confidential information obtained from the client where…
Can a lawyer running for elective office advertise the campaign, including the offices and memberships he holds, without violating the lawyer-advertising rules?
The Committee concluded that a lawyer seeking elective public office may advertise the candidacy in publications of general or limited distribution if it is done in a dignified manner and not…
Can a lawyer let the client communicate directly with the represented opposing party about the dispute, and must the lawyer try to stop it?
The Committee concluded that a lawyer may not, without opposing counsel's consent, sanction the client's communication with a represented adverse party about the subject of the controversy, and must…
In which telephone directories' yellow pages may a lawyer list the practice, and can a lawyer list in a suburb where there is no office?
The Committee concluded that a lawyer may be listed in the commercial (yellow) pages only in the city where the office is maintained, but may also be listed in a metropolitan-area directory that…
Can a plaintiff's lawyer plead allegations about the defendant's liability insurance and its refusal to settle in the original petition?
The Committee concluded, by a 5-3 majority, that including improper allegations about the defendant's liability insurance and settlement negotiations in the plaintiff's original petition is a clear…
Can a lawyer be both a bank's trust officer and its attorney, handle legal work for the bank's customers, and keep a law office inside the bank?
The Committee concluded that a lawyer may serve as both attorney and Trust Officer for a bank but may not at the same time handle legal matters for the bank's customers or maintain an…
Can a lawyer delay a client's divorce case to pressure the client into paying fees?
The committee concluded it was not proper for an attorney to delay a divorce case because of nonpayment while remaining the attorney of record, since that conflicts with the client's interest in…
Can a lawyer become an affiliate member of a local board of realtors?
On the facts presented, the committee concluded it would be ethical for the lawyer to become an affiliate member of a local board of realtors, since the inquiry involved only joining the group and…
Can a lawyer act as an agent for a corporation soliciting personal management contracts with professional athletes?
The committee concluded that, on the stipulated conditions, the lawyer could act as the corporation's agent soliciting management contracts, because the collateral business met the ABA's criteria…
May a lawyer write an unpaid by-line newspaper column discussing the law without violating the ban on giving legal information through publications?
Yes. The opinion concluded the lawyer could write an unpaid by-line column discussing the National Labor Relations Act and NLRB decisions, because Canon 40 permits lawyers to write articles giving…
In a matrimonial case, may a wife pay her lawyer's fee up front and then be reimbursed out of the counsel fee the court later orders the husband to pay?
Yes. The opinion concluded the arrangement is ethical where there is no collusion and the fee arrangement is fully disclosed when counsel fees are sought, though the lawyer should not arrange the…
At a mortgage closing, may a lawyer for the lender collect a title-company charge for searches and title examination that the lawyer neither fixes nor receives?
No. The opinion concluded that where the attorney does not actually fix or receive the fee but collects a charge for the title company that includes legal work such as title evaluation, the charge…
May a Florida lawyer divide fees with an inactive New York lawyer living in Florida who refers Florida clients to him?
Generally no. The committee concluded it may constitute aiding the unauthorized practice of law to accept cases referred by a New York lawyer residing in Florida and divide the fee, and that it…
Can a lawyer who works full-time as out-of-state corporate general counsel keep an office and his name on a Florida firm's letterhead?
The opinion concluded that a lawyer serving full-time as corporate general counsel in New York, who handles only incidental private matters on monthly Florida visits, may keep an office in his…
Can a former assistant state attorney represent the family of a person whose death he helped investigate, and share a fee for it?
The opinion concluded that a former assistant state attorney who held supervisory responsibility over the investigation of a death may not later represent the deceased's family in a suit for…
May the lender's attorney accept payment from the borrower for the legal services the attorney renders to the lender?
Yes. The opinion concluded it is ethical for the borrower to pay for the lender's attorney's services to the lender, provided the borrower clearly understands the lender's attorney represents the…
May a borough's municipal attorney also serve as legal adviser to that borough's planning board in preparing a master plan?
Not in that controversial capacity. The opinion concluded that the general principles barring a municipal attorney from dual municipal roles apply, so he cannot advise the planning board on…
May a lawyer pay a fact witness more than the statutory daily attendance fee and mileage to testify?
Only to make up an actual loss. The committee concluded a lawyer may reimburse a lay witness for lost wages or time and reasonable transportation, but paying anything beyond actual loss, or paying a…
Can a law firm send out an announcement of a merger and a new out-of-town office that lists the members' names and the cities where they practice?
The opinion concluded that a firm opening an additional office in another city coincident with a merger may announce both events, and the announcement may list the individual members of the merging…
Can a lawyer let the client read pre-written questions and conduct the examination at proceedings supplementary to enforce a judgment?
The opinion concluded that a lawyer enforcing a money judgment may not let the client conduct the interrogation at supplementary proceedings, even using questions the lawyer prepared in advance,…
Can a claimant's lawyer send copies of letters to the insured while negotiating a claim with the liability insurer?
The opinion concluded that a claimant's lawyer may forward to the insured copies of correspondence sent to the liability insurer, so long as no attorney has been retained to represent the insurer…
Can a lawyer refer clients to an insurance carrier and quietly collect a referral fee from the carrier when a policy is sold?
The opinion concluded that a lawyer may not refer clients to an insurance carrier and then, without the client's knowledge, be compensated by the carrier when a policy is sold; later Opinion 70-13…
If a criminal defendant admits guilt to his lawyer and then takes the stand against advice and denies the charge, what must the lawyer do?
The opinion concluded the attorney should make no mention of the conflict between the client's admission and his sworn testimony, should not withdraw, and should present the case on the basis of the…
May a county bar association adopt a plan letting clients finance legal fees through a bank that buys the attorney's installment note?
No. The opinion concluded that the bank-financed installment fee plan should be disapproved, not because it violated any particular Canon, but because it injected a third party into the…
Can a lawyer who represents a labor union also handle personal legal matters for individual union members?
The opinion concluded that there is no ethical objection to a lawyer representing a union and separately representing its individual members, so long as the union is not used as a 'feeder' of…
Can a lawyer act as the notary administering the oath to his own client on pleadings?
The opinion concluded that there is no ethical prohibition against a lawyer serving as notary to administer an oath to a client in connection with pleadings, but a prudent lawyer limits the practice…
May a lawyer take collection suits referred by a credit bureau that deals directly with the lawyer, advances costs, and is paid from any recovery, while the creditor has no direct contact with the lawyer?
Only under strict conditions. The committee concluded that the lawyer may not divide legal fees with the lay agency, must form a direct attorney-client relationship with the creditor rather than let…
Can a lawyer advise a corporate client on a claim brought by a former employee the lawyer once represented in a divorce?
The opinion concluded that a lawyer may advise a corporate client on a claim by a former divorce client (a former employee) if the claim is unrelated to the divorce, no confidential information from…
Can a lawyer prepare a trust on a referral from a trust company without ever contacting the client directly?
The opinion concluded that, for the same reasons given in Opinion 67-14, a lawyer may not prepare a trust pursuant to a referral from a trust company without direct contact with the client.
Can a lawyer take work from a real estate broker to prepare a deed without ever meeting the parties to the transaction?
The opinion concluded that a lawyer may not accept employment from a real estate broker to prepare a deed used by the broker to close a transaction when the lawyer has no contact with either party,…
May a trade association's salaried attorney-manager represent individual member companies in arbitration and NLRB matters, with the association charging and keeping a fee for that service?
The opinion concluded that Canon 35 is dispositive: an attorney employed by a trade association may render legal services in matters in which the association as an entity is interested, but the…
May a firm represent a local P.B.A. (police union) while it also represents defendants on police complaints and uses police officers as witnesses in other matters?
The opinion concluded that the contemplated representation of the P.B.A. was improper and should be avoided, because the firm also appeared against and alongside the same city's police officers in…
May a municipal planning board's attorney represent his own wife to oppose a neighbor's zoning variance before the board of adjustment?
The opinion concluded the planning board attorney should not represent his wife at the variance hearing, both because the matter could return to his planning board and create a conflict of interest…
May a lawyer who is also a police officer on leave, and his firm, handle criminal cases in the municipality where he serves on the police force?
The opinion concluded that neither the lawyer (a police lieutenant newly admitted to the bar) nor his firm may handle any criminal case arising in the municipality where he is a police officer on…
May a lawyer let a salaried investigator carry a business card showing the lawyer's name and 'attorney at law,' and what responsibility does the firm bear for the investigator's conduct?
Yes, within limits. The committee concluded that a firm may employ a salaried investigator and give him an identifying card, but the firm is fully responsible for his conduct as if a lawyer did it,…
May a lawyer also run a real estate sales or brokerage business, from the same or a separate office, while practicing law?
Only under strict conditions. The committee concluded a lawyer may engage in a separate business only if it is not itself the practice of law, can be run without violating the Canons, is not used to…
May a lawyer contact jurors after they return a verdict, for example to ask whether they would favor suspending the defendant's sentence?
No. The committee concluded that under Canon 23 a lawyer may not interview jurors after verdict except to address matters affecting the verdict's validity, such as a recording mistake, fraud, or a…
May a lawyer list his graduate degrees, or use 'Doctor' or 'Dr.' before his name, on his shingle, professional card, or letterhead?
No. The committee concluded that using degrees or the title 'Doctor' on a shingle, card, or letterhead, or in introductions, is improper self-laudation under Canon 27; such distinctions may appear…
Can a lawyer act as a surety company's bonding agent, and who has authority to discipline a lawyer for unethical conduct?
A lawyer in active practice cannot act as a surety company's bond-executing agent, because that business funnels legal work and amounts to improper solicitation, though he may personally go surety…
May a retiring attorney send clients and friends a formal announcement that he has retired and arranged for another attorney to handle their future business?
The opinion concluded that such an announcement would be improper, because under Canon 27 it would be an indirect solicitation of employment for the other attorney; the retiring attorney's separate…
Can a firm keep a former partner's name on its letterhead as a 'successor' or 'formerly' line after that partner becomes a judge?
The opinion concluded that a partnership may not reflect a former firm name on its letterhead when that name includes a former member who has become a judge, even in a 'successors to' or 'formerly' form.
Can a part-time city attorney whose law partner is a legislator advise the city about legislation?
The opinion concluded that a part-time city attorney whose partner is a legislator may advise the city about the contents of existing or proposed legislation and the desirability of change, but any…
Can a lawyer serve as general counsel to an 'estate protection service' and prepare trust documents for its customers?
The opinion concluded that it is improper for a lawyer to act as general counsel to an 'estate protection service' by preparing trust indentures or other documents for the service's customers, even…
May an attorney advertise in the law journal that he will handle tax lien foreclosures for other attorneys as a specialized legal service?
The opinion concluded the proposed advertisement was improper, because tax lien foreclosure work is not a specialized legal service within New Jersey's Canon 46 (which the Committee strictly…
Can a Florida lawyer charge a property owner a contingent fee in a condemnation case on top of the attorney's fee the court awards under the eminent domain statute?
The opinion concluded that there is no ethical objection to a contingent fee in a condemnation case in addition to the statutory fee awarded by the court, so long as the total fee is reasonable and…
Can a Florida partnership list an out-of-state office on its letterhead when that office belongs to only one partner, not the partnership?
The opinion concluded that a Florida partnership may not list an office in another jurisdiction on the partnership letterhead when that office is not the partnership's but only one partner's,…
Can a Florida law firm rent office space to a nonlawyer arbitrator and list the arbitrator's name on the office door?
The opinion concluded that, although sharing office space with a nonlawyer is not to be encouraged, the firm may place the arbitrator's name on the office door so long as the listing is clearly…
May an assistant district attorney also keep a private practice, and is a judge disqualified from hearing cases where his former law partner appears as counsel?
The committee concluded that an assistant DA paid over 65% of the DA's salary may not engage in private practice (under 19 O.S. 215.15), while one paid 65% or less may handle civil cases not in…
May a lawyer who sits on the state Pardon and Parole Board, or a member of his firm, represent defendants in criminal cases in state court?
No. The committee concluded that because the State is interested adversely to a convicted person seeking clemency, a lawyer on the Pardon and Parole Board (or a member of his firm) who represents…
May a county attorney or county prosecutor (or their partners) represent private clients before county boards or in criminal matters in that county?
The opinion concluded that neither the county attorney nor the county prosecutor, nor their assistants, partners, and associates, may represent private clients before county boards or in criminal…
If a lawyer is served with a writ of garnishment over a client's judgment debt, can the lawyer assert the attorney-client privilege, and must the lawyer withdraw if the client won't waive it?
The opinion concluded that a lawyer served with a garnishment writ may properly assert the attorney-client privilege in response and is not required to withdraw from representing the client if the…
Can a lawyer represent a client in a second case when the record from an earlier case in which the lawyer testified as a witness may be relevant, including for res judicata?
The opinion concluded that a lawyer is not necessarily precluded from representing a client in a second case merely because a record from an earlier case in which the lawyer testified may bear on…
After a lawyer's former firm represented one party in a multi-car accident, can the lawyer represent another party whose claim may be against the firm's former client?
The opinion concluded that a lawyer whose former firm represented one party to a three-vehicle accident may not represent a second party whose interests may include a claim against the original…
Can a law firm join a downtown civic council that promotes the business district, and have its partners listed individually on the membership rolls?
The opinion concluded that a law firm may belong to a downtown council organized to promote civic interest in the downtown area, with the membership listed in the partners' individual names rather…
May a municipal prosecutor, in one consolidated trial, prosecute a civilian and at the same time defend a police officer charged by that civilian?
The opinion concluded it would be improper for a municipal prosecutor to serve in that dual capacity in the same consolidated trial; while a court rule expressly let a municipal attorney defend a…
Can a lawyer represent a credit bureau and also handle the collection matters it forwards, with the bureau gathering the litigation information and the lawyer's secretary working on the bureau's premises?
The opinion concluded that a lawyer may represent a credit bureau in its own affairs, but may not let the bureau procure the information needed for litigation, may not locate his part-time secretary…
Does an attorney's service on an unofficial municipal charter-revision advisory committee disqualify him from representing private clients before that city's court and agencies?
The opinion concluded that service on the proposed advisory committee (which had no official status or statutory authority) is in the public interest, does not entail a conflict of interest, and…
Can a lawyer who handles state tax work accept a seat on the State Board of Tax Appeals?
Not if he keeps a tax practice. The committee concluded that a lawyer who may reasonably expect to have to disqualify himself in matters before the Board should decline the appointment, or limit his…
Can a lawyer use insurance agents to solicit clients for a master pension plan the lawyer's firm would handle?
The opinion concluded that the solicitation activities of insurance agents acting on the lawyer's behalf to promote the master pension plan were improper under Canon 27 and had to be terminated.
Can a lawyer partner with a non-lawyer to provide labor-management or business consulting when some of the work is legal work?
The opinion concluded that because part of the proposed labor-management work would constitute law practice, Canon 33 made a partnership between the lawyer and a non-lawyer unethical, and Canon 27…
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.