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.
Must a lawyer withdraw from representing a client just because the lawyer expects to be called as a witness by the opposing party?
The opinion concluded that a lawyer need not withdraw simply because he expects to be called to testify by his adversary; withdrawal is required for testimony a lawyer gives on his own client's…
Can a nonlawyer office manager draw checks on a firm's client trust accounts and on the firm account?
Yes. The committee found no impropriety in a nonlawyer office manager drawing checks on client trust accounts upon proper authorization from the responsible attorney, or on the firm account when…
Can a lawyer keep an office inside a corporate client's claims department to handle the company's claims and defense work?
The opinion concluded that a lawyer may maintain an office in a corporate client's claims department to handle settlement and defense of claims against the company, provided he carries on his other…
Can a lawyer sign affidavits for a client on formal or procedural matters even when the client is available locally to sign?
The opinion concluded that an attorney may ethically prepare and sign affidavits for a client as to formal or procedural matters even if the client is available, provided the attorney has personal…
Can a lawyer prepare estate analyses that an insurance firm presents to its prospects as the work of the firm's attorney?
The committee unanimously found it improper for a practicing attorney to prepare an estate analysis presented to an insurer's prospect as the agency's attorney's work, and a majority also…
Can a law firm obtain Florida Bar pamphlets for a savings and loan association to display and distribute to the public?
Yes. The committee found nothing improper in a firm securing copies of a Florida Bar will pamphlet for a savings and loan association to display and distribute to the public, and commended the practice.
Can a contributing author's brief biographical sketch be included in a Continuing Legal Education manual?
Yes. The committee found it not improper to include a brief, dignified biographical sketch of a contributing author, which might name the author's law firm, because the CLE manuals were distributed…
Can a lawyer accept employment from a real estate broker's tax-advisory company that solicits taxpayers and hires the lawyer to pursue their tax-reduction claims?
No. The committee found it highly improper for a lawyer to take employment from a broker-run tax-advisory company that solicits the business and selects and pays the lawyer, holding it amounts to…
Can a lawyer try a will contest for the estate when his own partner, who witnessed the will, must testify to the decedent's competency?
The Committee concluded it could be proper. Canon 19's reference to 'other counsel' does not necessarily exclude a partner of the lawyer-witness, so each case turns on its facts, with full…
Can lawyers contribute to and solicit funds for a judicial candidate's campaign, and what campaign tactics are off-limits?
The opinion concluded that lawyers may contribute reasonable amounts to judicial-campaign funds and solicit contributions from others, but may not give or receive excessive contributions or ones…
What kinds of public statements about a pending case may a lawyer not make to the press, radio, or television?
The opinion set out a statement of principles, embellishing Canon 20, identifying categories of statements about pending civil and criminal cases that lawyers should not originate for publication,…
Can a lawyer participate in a for-profit corporation that offers legal services alongside architectural, engineering, and accounting services to the building trade?
No. The committee found it highly improper for a lawyer to participate in a profit-making corporation rendering combined legal, architectural, engineering, accounting, and surveying services that…
If one member of a law firm serves as a municipal councilman, can another member be attorney for the same town's elected board of education?
The Committee concluded there was no conflict. Because the elected board of education was autonomous and chose its own employees without the council's approval, the council and the board operated as…
Is it ethical for a lawyer to sue the partners and associates of a law firm that guaranteed payment of a mortgage sold to the lawyer's client?
A majority found it not unethical to proceed against the partners or associates of the firm that guaranteed the mortgage, while expressing no opinion on their actual legal liability and cautioning…
After leaving office as county counsel, can a lawyer represent a private client in an action against the county board of freeholders?
The Committee concluded he may not if the new matter relates in any way to matters he handled as county counsel. A public-agency former client cannot consent to the conflict, and the lawyer must…
Can the attorney for an elected board of education represent private clients before the town's other boards or in matters against the town itself?
The Committee concluded there was no conflict. An elected board of education is autonomous and distinct from the municipality, so its attorney may appear for private clients before municipal boards…
Can a developer's salaried attorney handle condominium closings for a flat fee without clearly telling buyers they should retain their own independent counsel?
The Committee concluded the attorney acted improperly. The flat closing fee covering 'all other usual closing costs' and the lukewarm notice that buyers could retain counsel did not amount to the…
Can a firm keep a partner's name in the firm name after he becomes a judge, and may a long-deceased predecessor's name stay on the letterhead?
No to the judge: a partner who becomes a judge and is precluded from practice must be dropped from the firm name. A majority found the long-deceased predecessor's name could still be listed on the…
Can a former judge appear as a lawyer in a case that was pending in his court if he never ruled on its merits?
Yes. The committee concluded that a circuit judge who left office could appear as an attorney in a case filed in his court while he sat, provided he had not acted on the merits and ruled only on…
Can a lawyer who serves as a trustee on a municipal library board also act as the paid attorney for that same board?
The Committee concluded he should not. A library trustee who is an attorney becomes an adviser to himself when he represents his own board, an inherent conflict like the dual representation Canon 6…
May a lawyer in the National Guard or military Reserve, while on drill or short active duty, perform civilian legal work (wills, abstracts, personal legal problems) for unit personnel?
No. The committee concluded that using a Reserve or Guard lawyer's active-duty time to render personal civilian legal services to unit personnel defeats the purpose of that duty and is improper, in…
May a lawyer buy a listing in a paid classified directory published by a private firm that solicited him?
No. The committee concluded that under Canon 43 a paid listing in such a private classified directory is clearly prohibited; the only permitted listings are a simple yellow-pages entry, legitimate…
May a lawyer have his name listed under more than one classification in a city directory's classified section?
No. The committee concluded that a lawyer may not appear under more than one classification, whether or not an extra charge applies, because directory listing is proper only when all local Bar…
May a lawyer be listed in a civic club or Chamber of Commerce directory if he pays an extra fee, or if the directory circulates outside the membership?
No to the paid listing: the committee concluded that under Canon 43 a lawyer may not purchase a directory listing except in an approved law list. If the directory circulates beyond the membership, a…
May a lawyer submit biographical data to a 'Who's Who' type directory when listing requires paying a fee or buying a copy of the publication?
No. The committee concluded that a lawyer may not submit biographical data to a 'Who's Who' type publication if he must pay a fee or, as a prerequisite, must subscribe to purchase the completed…
Can a lawyer give a newspaper an interview and resume of his practice for a 'father and son businesses' feature column?
The Committee concluded he could not. A photograph and resume of the lawyer's background, experience, and clients in a feature column had the appearance of advertising and would violate Canon 27,…
Can a lawyer who sits as an unpaid member of a municipal board of health represent private clients before the town's other agencies and its municipal court?
The Committee concluded he could not. An attorney who holds office as a board-of-health member may not appear for private clients before the other municipal agencies or the municipal court of the…
Can a New Jersey firm form a patent-law association with a lawyer admitted only in D.C. and list him as 'Patent Attorney' on its letterhead?
The Committee concluded the association and listing were improper. A New Jersey firm is presumed to consist of New Jersey-admitted lawyers, so a patent attorney not admitted in the state could not…
Can a lawyer allow a product manufacturer to run a legal-periodical 'article,' with his photograph, praising his use of the company's dictation machine?
The Committee concluded he could not. A lawyer's cooperation in such a manufacturer-sponsored article portraying his advantageous use of the product would violate the advertising prohibition of Canon 27.
Do government regulations that cap attorneys' fees, like the Veterans Administration's limits on VA-guaranteed mortgage closings, conflict with the rule that lawyers may not let others fix their fees?
The Committee concluded there was no conflict. Its prior opinions barring lawyers from letting others fix their fees did not apply where fees are set or limited by federal or state law or…
Can a lawyer set a fee in advance for handling a client's estate through a provision in the will or a separate agreement?
The committee found no ethics problem with a lawyer setting a reasonable estate-handling fee in advance, by a will provision or separate agreement, while noting the lawyer is under no duty to fix…
Can lawyers and judges take part in an educational television program that discusses legal matters for the public?
The committee encouraged a noncommercial, bar-sponsored educational television program, with one reservation: actual cases should not be discussed and hypothetical situations should be substituted,…
Can a lawyer be engaged by a commercial collection agency to sue the debtors of the agency's customers?
No. The Committee concluded it is improper for an attorney to be engaged by a commercial collection agency to institute suit against debtors of the agency's customers, because the engagement lets a…
Can a seller's attorney accept a fee paid by the buyer, under the sale agreement, for legal services the attorney rendered only to the seller?
The Committee concluded it was proper, provided the seller's attorney fixes the fee himself under Canon 12 and it is reasonable compensation agreed with the attorney, not a fee set solely between…
Can a lawyer who represents a lending institution take referrals of its loan customers and also represent the seller, buyer, or borrower in the same deal?
The opinion concluded that a lawyer for a financial institution may not let the institution systematically refer its loan customers to him for their own legal services, and may not represent the…
Can a lawyer be a director, stockholder, and legal advisor of a corporation that provides condominium-development consulting using lawyers and real estate brokers?
The committee concluded that violation of one or more Canons is probable and, as to unauthorized practice, inevitable, because the lawyer's firm would draw client work through the service, the…
Can a lawyer who counseled a husband and his second wife about their failing marriage later represent the wife in a divorce against the husband?
The Committee concluded he may not. Having counseled the husband and likely received his confidences while trying to save the marriage, the lawyer could not represent the second wife against him,…
Can a lawyer who takes over a dissolved firm's practice call himself 'successor to' that firm on his letterhead and notify the firm's old clients?
The Committee concluded the plan was improper. The phrase 'successor to' constituted solicitation barred by Canon 27, and because the firm had dissolved, its name could not be carried on by an…
Can a lawyer who is also a CPA say so on his cards, stationery, or office window, and may he practice law and accounting at the same time?
The Committee concluded that stating 'CPA' on cards, stationery, or office window was improper advertising under Canon 27, but that practicing law and accounting at the same time was not, per se, a…
Can a lawyer planning to run for public office hand out campaign cards showing only his name and city, with no mention that he is a lawyer?
Yes. The committee found no Canon violation in a lawyer-candidate distributing cards bearing only his name and city, with no reference to his profession, provided the cards are not used to solicit…
Can a lawyer accept and keep a commission or rebate from an insurer, abstractor, or lender connected to a client's matter?
The opinion concluded a lawyer may accept no compensation, commission, rebate, or other advantage from others without the client's knowledge and consent after full disclosure, and even when…
Can an assistant county attorney who handles the county's eminent-domain cases also privately represent property owners in condemnation cases the county is not part of?
The Committee concluded that, on the facts assumed, an assistant county attorney who handles the county's eminent-domain matters may also privately represent property owners in condemnation cases in…
Can one attorney represent both a city and a school district in the same delinquent-tax suit?
The Committee concluded that one attorney representing two taxing agencies in a delinquent-tax suit is not a per se violation of Canon 6, because such dual representation does not necessarily…
Can a lawyer who once represented the wife in a dismissed divorce later represent the husband in a new divorce against her?
The Committee concluded that an attorney who represented the wife in a prior divorce action that was dismissed on reconciliation cannot ethically represent the husband in a later divorce suit…
Can a lawyer and a non-lawyer who serve as co-executors split the statutory executor's commission?
The Committee concluded that a lawyer and a non-lawyer serving as co-executors may divide the statutory executor's commission without violating Canon 31, so long as the lawyer's fee for legal…
Can a Texas lawyer charge a contingent fee in a divorce case based on the property awarded to the client?
The Committee concluded that a written contingent-fee contract in a divorce case is not unethical in Texas, so long as Texas courts recognize such contracts as valid and the fee is not unreasonable;…
Can a lawyer put degree and certification initials like B.B.A., LL.B., and C.P.A. after his name on his letterhead?
The Committee concluded that a lawyer may not list "B.B.A., LL.B., C.P.A." on his professional letterhead, because that use is self-laudatory and holds him out as having special talents or…
Can a lawyer who is also a title-insurance agent hand out earnest-money contract forms branded with the title company and his name as agent?
The Committee concluded that a practicing lawyer who is also a title-insurance agent may not distribute to real estate agents earnest-money contract forms bearing a legend that the form is furnished…
Can a registered U.S. Patent Attorney who is also a Texas lawyer advertise that specialty on his letterhead and in directories?
The Committee concluded that a registered U.S. Patent Attorney may hold himself out as a Patent Attorney in directories and the like to the extent his federal patent license permits, if he limits…
Can a firm that represented both co-executors take one of them against the other once they disagree about settling the estate?
The Committee concluded that a law firm that represented both co-executors in the estate proceeding may not, when their interests diverge over settlement and distribution, represent one of them…
Can a firm keep a deceased partner's name in its firm name and on its letterhead, and for how long?
The Committee concluded that a firm may keep a deceased partner's name in its firm name and letterhead, with a suitable indication that the partner is deceased, if it accords with local custom and…
Can a lawyer run a Texas Bar Journal notice advertising that he handles "European claims"?
By a 6-3 vote the Committee concluded that a lawyer may not place a Texas Bar Journal notice that he handles European claims, because the majority found the Canon 42 exception applies only when the…
Can a lawyer add the words "General Practice" to the sign on his office door?
The Committee concluded that a lawyer may not include the descriptive words "General Practice" on his office-door sign; a shingle should simply identify the person as an attorney without describing…
Can a Texas law firm put a decorative emblem, like the goddess of justice holding the scales, on its letterhead?
The Committee concluded that an emblem on a lawyer's letterhead that is not self-laudatory and not calculated to solicit work is not forbidden by any canon, so it does not violate Canon 24; but the…
Can a lawyer let a business client identify him as the company's attorney in the company's newspaper advertisement?
The Committee concluded that a lawyer should not permit a savings institution, an automobile dealer, or a small loan company to identify him as its attorney in a newspaper advertisement, because…
Can a lawyer whose office is hard to find put a directional sign a block away pointing to the office, and may it also name the lawyer's notary-public spouse?
The Committee concluded that both proposed signs would be unethical; a shingle belongs at the lawyer's office, not elsewhere, and adding the spouse's name, another profession, and "Notary Public"…
Can a county's delinquent-tax attorney also represent one of the defendant landowners in the same tax-foreclosure matter, even with everyone's consent after full disclosure?
The Committee concluded that he may not; Canon 6 lets a lawyer represent conflicting interests only with consent after full disclosure, but it does not let one lawyer represent both a plaintiff and…
Can a lawyer who drafts a will include a clause stating that the will was executed in duplicate originals and that the drafting attorney keeps one?
The Committee concluded that including such a clause violates Canon 24; it serves no legitimate purpose and the most likely reason for it is to solicit the probate of the estate.
Can a creditor's lawyer send a debtor a collection letter that offers settlement, truthfully says suit will be filed immediately, and encloses a copy of a petition prepared for filing?
The Committee concluded that the letter is not unethical, so long as its statements are true; Canon 9 would be violated only if a false statement, knowingly made, misled the unrepresented debtor.
Can a prosecutor write to the jurors after an acquittal to tell them about the defendant's record and the evidence the law kept out?
The Committee concluded that the letter was improper under Canon 29; writing jurors to suggest the law unjustifiably withheld relevant evidence, and to present excluded matter about the defendant's…
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.