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 plaintiff's lawyer write directly to an unrepresented opposing party about a prospective claim, and what may the letter say?
The Committee concluded that a lawyer may ethically communicate with an unrepresented opposing party about prospective litigation so long as he does not mislead the party or advise him on the law or…
Can a lawyer pay or validate the parking tickets of clients who visit the office?
The Committee concluded that a lawyer may validate clients' parking tickets, that is, pay their public parking fees, without violating the Canons, provided the lawyer does not identify himself as a…
Can a lawyer who is also a state legislator list both 'Attorney at Law' and 'State Senator' on the office door and building directory?
The Committee concluded, by a 6-3 majority, that it is improper for a lawyer who is also a State Senator to place the title 'State Senator' alongside 'Attorney at Law' on his office door and…
Can a county attorney or other public prosecutor also represent a private civil litigant in a case arising from the same accident or occurrence?
The Committee concluded that a public prosecutor (district, county, or city attorney) may not represent any party in a civil matter arising out of an occurrence that is also the subject of criminal…
Can a lawyer teach a private course on legal fundamentals to lay persons without violating the advertising rules?
The committee concluded that, on the stipulated conditions (no use of the lawyer's name, firm, or office in advertising; only hypothetical questions; no acceptance or referral of attendees as…
Can a lawyer stay silent about an opposing party's insufficient redemption tender to let the redemption period expire?
The committee concluded that the plaintiff's attorney could not keep silent. There is ordinarily no affirmative duty to warn opposing counsel of a looming deadline, but where receiving a check…
Can a lawyer send clients pamphlets urging them to review their wills and recommend an in-office specialist?
The committee concluded that State Bar pamphlets could be placed in reception rooms and sent only to selected clients with circumspection, that a lawyer could tell an existing client another…
Can attorneys let their names and that they are lawyers appear in a paid political advertisement?
The committee concluded that paid advertisements on political or public-interest issues that list individual attorneys' names and identify them as lawyers did not violate former Rule 2 or former ABA…
Can a law firm list itself in the classified telephone directory of a community where it has no office?
The committee concluded that a proper, nondistinctive classified listing in an out-of-town directory was permissible where the lawyer or firm actually practiced in that community, a fact question,…
When the lawyer who drafted a will may have to testify in the will contest, can his partner handle the executor's representation in that contest?
The opinion concluded that a lawyer who drafted the wills and now represents the executor may have his partner file pleadings and represent the disinterested executor in the will contest, even…
Can an assistant state attorney who prosecuted a defendant for vehicular homicide later represent the decedent's family in a civil wrongful death suit against the same defendant?
The opinion concluded that an assistant state attorney who prosecuted a vehicular homicide case may not later represent the decedent's personal representative in a civil wrongful death action…
Can a corporation's lawyer who drafted a noncompete between the company and its president, while nominally representing both, later sue to enforce that noncompete for the company?
The opinion concluded that the lawyer may later represent the corporation in enforcing the noncompetition agreement, provided he learned nothing confidential from the president and the facts of the…
Does serving as attorney for an intermunicipal sewerage authority bar the lawyer (and his firm) from appearing for private clients before the courts and agencies of the two member municipalities?
The opinion concluded that representing the intermunicipal sewerage authority ethically bars the attorney and his partners from appearing before any magistrate or agency of either municipality; the…
May a bank's salaried trust officer who is also a lawyer give legal advice to bank patrons, and may the bank advertise his name as performing those services?
No. The committee concluded that an attorney-trust officer giving the public advice that constitutes the practice of law is unethical, that he may not let the bank use his name in advertising such…
Can a new county attorney prosecute a condemnation suit for the county when he earlier represented some of the landowners, if their parcels are severed and tried by other counsel?
The opinion concluded that the county attorney may represent the county in the part of the condemnation suit covering other parcels, where the parcels he had represented are severed and tried by…
After a jury is discharged, can a lawyer make a brief courteous reply when a juror makes a casual remark that has nothing to do with the trial?
The opinion concluded that the rule restricting communications with jurors does not preclude a lawyer from making a brief, courteous response to casual remarks, unrelated to the trial, addressed to…
Can a title-examining attorney take quit-claim deeds to other lots in a subdivision to himself, so that later owners must come to him to clear their titles for a small fee?
The opinion concluded that an attorney may not use information found in a title examination to take quit-claim deeds to other lots to himself, intending to reconvey to later parties for a minimum…
If a workers' compensation claimant fires his lawyer before the case ends, can the lawyer petition the Industrial Commission for the fee he believes he earned?
The opinion concluded that a discharged claimant's attorney in a workmen's compensation proceeding may present an appropriate petition to the Florida Industrial Commission for any fee he in good…
May a lawyer who defended a man in a murder case later represent that man's wife in a divorce action against him?
The opinion concluded the attorney should not undertake the divorce action for the wife of his former criminal client, because his murder defense necessarily involved confidences and secrets,…
May a real estate lawyer accept appointment to chair a municipal committee advising on a property reassessment while he represents local landowners before the town's boards?
The opinion concluded the attorney should not accept the appointment, because he represented several clients whose land values would be affected by the reassessment, and Canon 6 prohibits…
Can a lawyer take on clients who want new counsel for a dispute arising out of an earlier settlement handled by their prior lawyer, over that prior lawyer's objection?
The opinion concluded that an attorney could properly honor a client's request to represent him in a controversy stemming from a previous compromise in which the client was represented by other…
Can a group of lawyers agree that probate fees earned by one of them will be shared with the lawyer who drafted the will, or that lawyer's survivors?
The opinion concluded that it is not ethically proper for a group of attorneys to contract to divide a probate fee with the lawyer who drafted the will, or his survivors, because the division would…
May a lawyer rubber-stamp his firm name on the face of an abstract of title to show that the firm examined it?
No. The committee concluded that a permanent stamped notation naming the examining firm on the face of an abstract of title is unethical because it would serve to advertise that firm to everyone who…
When a lawyer who witnessed a codicil will be the principal witness in a will contest, may his firm still represent the proponent, and may he argue the case?
The opinion concluded the inquirer's firm may act for the proponent even though the inquirer, who attested the codicil, will be the principal witness, but the inquirer himself may not argue the…
Can a lawyer accept a referral fee from the title-examining lawyer he selects for a client, without telling the client?
The opinion concluded that it is improper for a lawyer to accept, or for another lawyer to pay, a referral fee unless it is based on a division of service or responsibility, and unless the lawyer…
Can a lawyer agree to handle all of a mortgage lender client's loan closings for a fixed monthly fee?
The opinion concluded that it is proper for an attorney to agree with a mortgage-lender client to conduct all of its closings for fixed monthly compensation, provided the lawyer takes no part of the…
Can a lawyer volunteer for a free legal aid program run by a fraternal or charitable organization for its members' needy relatives?
The opinion concluded that there is no impropriety in an attorney participating in a legal aid program organized by a fraternal society, provided the society does not interfere with the…
If the lawyer who represented the opposing party joins our firm, can the firm keep representing its client against that former opponent?
The opinion concluded that once the opposing party's former lawyer joins the firm, the firm may not pursue enforcement against that former opponent without the opponent's consent, even if the new…
May a lawyer who arranged and closed a mortgage loan for a longtime client foreclose that mortgage for the lender against that same client?
The opinion concluded it would be improper for the attorney to foreclose the lender's mortgage against the borrower, because the attorney had represented the borrower in about three prior matters…
May a municipal attorney let the municipality bill a buyer of municipal property a flat 'legal fee' for legal work the attorney performed only for the municipality?
The opinion concluded that where the flat $125 charge did not represent a fee the attorney fixed for services actually rendered, billing it to the purchaser as a 'legal fee' was improper, and the…
May a New Jersey firm run a 'specialized legal services' announcement in a law journal advertising itself as New Jersey trial counsel for tort, contract, and product liability work?
The opinion concluded the announcement was improper, because the work of trial counsel is not a specialized legal service within Canon 46; any admitted attorney may try cases, and a lawyer's trial…
May the attorney for a zoning board of adjustment also represent the municipal governing body in court appeals, including cases where the governing body reversed the zoning board?
The opinion concluded the zoning board attorney could not appear for the governing body where it reversed the board, because that would put him against his original client in violation of Canon 6;…
May a municipal attorney continue to represent a developer or builder operating in a neighboring municipality when that client is also building in the town the attorney serves?
The opinion concluded the continued representation was improper under Canon 6, because the room for public misunderstanding when a municipal attorney represents a developer operating in his own…
Can a lawyer who took over a case from a lawyer who was later disbarred share the fee with the disbarred lawyer for work done before the disbarment?
The opinion concluded that the successor lawyer could divide the fee with the disbarred lawyer only to the extent the disbarred lawyer fairly earned it through services and responsibility before…
When I represent one spouse in a divorce, can I put the couple's already-agreed property settlement in writing and have the unrepresented spouse sign it?
The opinion concluded that the lawyer may reduce a previously agreed property settlement to writing and obtain the unrepresented spouse's signature, but only if he avoids anything that could mislead…
Is it improper for a lawyer who works as an insurance claims adjuster to deal directly with an opposing party the lawyer knows is represented by counsel?
Yes. The committee concluded that adjusting insurance claims is the practice of law when done by a lawyer, so the attorney-adjuster remains bound by the Canons and may not communicate directly with…
May an individual lawyer or law firm print 'SEE YOUR LAWYER FIRST' on their envelopes?
No for an individual lawyer or firm, yes for the organized bar. The committee concluded that the phrase is proper public education when used by the Oklahoma Bar Association, but on a lawyer's or…
May a person qualified as both lawyer and doctor hold out in both professions, are all firm members responsible for one member's misconduct, and may a building be named 'Medical-Legal Building'?
The committee concluded that a lawyer-physician must choose to hold out as one or the other because practicing both is too fraught with conflicts and confidentiality dangers; that firm members who…
Who may receive a lawyer's professional announcement, what occasions justify one, what may it contain, and how should deceased partners or those on leave be shown?
The committee concluded that announcements may go to clients, relatives, and personal friends but not casual acquaintances; that a departing associate may send them to a former firm's clients only…
May a law firm put its name and occupation on office windows and doors, and on how many, and what wording may a shingle carry?
A single proper professional sign may mark the office entrance, but the committee concluded that placing the firm name on additional doors or windows is unethical, that a shingle may carry only the…
May a lawyer give statements to the press about pending or anticipated litigation, especially in criminal cases?
Generally no. The committee read Canon 20 to bar lawyers, prosecution and defense alike, from publicity about pending or anticipated litigation, allowing only in extreme cases a statement that does…
After an insurer pays a judgment for the plaintiff and takes an assignment, can the insurer's lawyer appear for that plaintiff as appellee in the co-defendant's appeal?
The opinion concluded that there was no ethical objection: once the insurer paid the full judgment and took an assignment from the plaintiff, its substitute counsel could appear for the plaintiff as…
Can a lawyer who belongs to a title insurance fund represent a client pressing a claim against that same fund?
The opinion concluded that the lawyer may pursue the client's title-insurance claim against the fund despite his own membership interest, provided he makes full and fair disclosure of that interest…
May a lawyer represent a husband in a divorce when the wife once made unsolicited calls to him that did not seek his services or concern the divorce?
The opinion concluded the attorney is at liberty to represent the husband, because the wife's earlier calls were entirely unsolicited, sought no legal advice or services, and did not concern the…
If a lawyer becomes a member of a municipal zoning board of adjustment, may he represent private clients before the town's other boards, the governing body, and the municipal court?
The opinion concluded it would be improper for an attorney-member of the zoning board to represent clients before the zoning board, planning board, governing body, municipal court, or other…
Can the law partner of an assistant state attorney take criminal defense cases?
The opinion concluded that the law partner of an assistant state attorney may not engage in criminal defense practice, because the firm and all its members are barred from any employment that one…
Can a lawyer who concentrates in tax work call himself a 'Tax Attorney' or advertise 'Tax Service' on a letterhead or card?
The Committee concluded that an attorney may not use 'Tax Attorney,' 'Tax Service,' or any similar specialized-practice designation on a letterhead, card, announcement, or directory, except approved…
Can a lawyer take a power of attorney from a personal injury client that gives the lawyer full control to settle or dispose of the case?
The Committee concluded, by a 6-2 majority, that an attorney may not take from a personal injury client a power of attorney vesting in the lawyer absolute and unrestricted power to dispose of the…
Can a lawyer who writes or edits legal articles in a lay trade journal be identified with a photo, biography, and firm name, or only by name?
The Committee concluded that an attorney who edits or writes legal articles for a lay trade journal may be identified by name only, and may not permit publication of his picture, his identification…
Can lawyers who practice before a judge contribute to, or solicit contributions for, the judge's campaign expenses?
The Committee concluded that attorneys may ethically assist judicial candidates with campaign expenses, either by direct contributions or by soliciting contributions, so long as there is no improper…
Can a lawyer who serves as a probation officer also act as criminal defense counsel in felony cases in the same district?
The Committee concluded that an attorney who serves as a Probation Officer may not act as defense counsel in felony cases in his district, because the Probation Officer's primary duty is to the…
Can the lawyer who defended a workers' compensation case later defend a third-party damage suit by the same injured plaintiff over the same accident?
The Committee concluded that if the compensation carrier paid benefits and therefore holds subrogation rights at stake in the damage suit, the lawyer and his firm are disqualified under Canon 6 by…
Can a former judge later serve as a lawyer in the same cases he handled procedurally while on the bench?
The Committee concluded that it is unethical for a former County Judge to represent the State and County in appeals from Special Commissioners' awards in condemnation suits that originated during…
Can a lawyer who is well known by a radio or TV stage name practice law under that assumed name, or legally change his name to it?
The Committee concluded that an attorney may not use any assumed name in the practice of law, because Canon 30 expressly prohibits it, and the majority further held that legally changing his name to…
Can a county attorney's law partner, associate, or father defend criminal cases, and does court appointment versus private hire change the answer?
The Committee concluded that a County Attorney's disqualification from defending criminal cases extends to his partners and associates in all courts statewide, even in a civil-only practice, under…
Can a lawyer send holiday greetings to the general public through radio spots, newspaper ads, or circulars?
The Committee concluded that a lawyer may not extend holiday greetings to the general public through radio spot announcements, newspaper advertisements, circulars, or other advertising media,…
Can a lawyer pay to be listed under 'attorneys' in a commercial statewide classified directory that is not an approved law list?
The Committee concluded that a lawyer may not be listed as an attorney in a statewide commercial classified directory, because the directory is not an approved law list under Canon 39 and a purely…
Can a lawyer let a company use his name and photograph in the company's newspaper advertising?
The Committee concluded that a lawyer may not knowingly permit an airline to use his name and picture in its newspaper advertising, because doing so violates Canon 24, and that if the use occurred…
Can a multi-state law firm open a Texas office under its existing firm name when some partners are not licensed in Texas, and can it mail cards announcing the office?
The Committee concluded that a firm whose partners are licensed in different states may keep its existing firm name on a Texas office, with a resident Texas-licensed partner, as long as all…
If a county attorney joins a private law firm, can the firm's other lawyers defend criminal cases, and can the firm list him as 'Civil Counsel' on the letterhead?
The Committee concluded that because a county attorney is statutorily barred from defending criminal cases, all members of his firm are likewise disqualified under Canon 6, and that designating him…
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.