Legal Ethics Opinions
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Can a lawyer be listed under an 'Attorneys' classification in a chamber of commerce business guide, or pay for a special listing in a city directory?
The Committee concluded that a lawyer should not permit his name in the classified 'Attorneys - Legal Services' listing of a chamber of commerce business guide, and should not pay a city directory…
Can a lawyer building an appellate-only practice mail announcements of that fact to other lawyers and place a notice in the New Jersey Law Journal?
The Committee concluded he could place a notice in the New Jersey Law Journal limited as Canon 46 prescribes, but could not mail announcements to other lawyers.
Can a town's 'Corporation Legislative Counsel,' who advises the council on ordinances, handle tax appeals, negligence suits, and other cases against the same municipality?
The Committee concluded he may not. As an employee whose client is in effect the entire municipality, the Corporation Legislative Counsel cannot handle cases of any nature against the municipality…
Can the counsel to a city housing authority appear for private clients before that city's board of adjustment, planning board, or other agencies?
The Committee concluded they cannot. Counsel to a city housing authority has the entire municipality as his client, so he may not appear for private clients before the city's board of adjustment,…
Can a New Jersey lawyer list other-state bar memberships or professional certificates in a yellow-pages telephone directory listing?
No. The Committee concluded that any yellow-pages listing that departs from the plain, uniform listing of lawyers, including one showing other bar memberships or certificates, is improper advertising.
Can a lawyer who sits on a municipal zoning board of adjustment, or a member of that lawyer's firm, represent private clients before the same town's boards and governing body?
No. The Committee concluded that neither the zoning-board member nor any member of the lawyer's firm may appear for private clients before the municipality's planning board, zoning board, or…
Can a lawyer accept retainers from a group of homeowners who were solicited as a class, when only one of them originally sought the lawyer's advice?
No. The Committee concluded the lawyer should not accept retainers from the solicited claimants, because soliciting strangers in the same class as an existing client improperly stirs up litigation;…
Can a municipal prosecutor who was excused from a disorderly-persons case involving a client and the client's wife later prepare a separation agreement for that client?
Yes. The Committee concluded the later representation was not a violation, because the prosecutor had no personal connection with the investigation or prosecution of the disorderly-persons case and…
Can a lawyer who approved a sales agreement for a buyer later represent the seller in suing that buyer for default under the same agreement?
No. The Committee concluded it is improper, because the representation might require the lawyer to assert a claim under the very agreement he approved for the former client, and a lawyer should not…
Can a lawyer who works for a state agency be assigned to represent an indigent criminal defendant, or must he be excused because he is a state employee?
He may serve. The Committee concluded there is no impropriety or conflict merely because the assigned attorney is a state employee, except where the charged crime involves the State itself, in which…
Can members of a law firm jointly donate to a community hospital and have their names placed on a donor plaque without it being improper advertising?
Yes. The Committee concluded a joint gift with the donors' names on a plaque is not improper, because they give as individual members of the community, not as attorneys, where the plaque does not…
Can a lawyer give a former client's information and a substitution of attorney to another lawyer without the former client's consent?
No. The Committee concluded the former lawyer may not furnish the requested information or give the substitution without informing the former client and obtaining his consent, because the matters…
Can a lawyer organize an association of bank attorneys and send a letter inviting interested lawyers to join?
Yes. The committee found no ethics problem in organizing an association of bank attorneys and nothing improper in circulating a proposed letter to lawyers who might be interested.
Can an assistant city attorney prosecute someone a law partner once represented, where that representation ended before the partnership formed?
Yes. The committee found no Canon violation, and indeed a duty to prosecute, where no firm member currently represents the person, none has for about a year, and the partner's earlier representation…
When a reporter names and quotes a lawyer about a case he is handling, is the lawyer responsible for the publicity, and what must he do?
The committee concluded that if lawyers knew their names and descriptions would be used in newspaper articles about their cases, the conduct violated Canon 27's bar on indirect advertising, and that…
May a former prosecutor who resisted a defendant's insanity defense later represent that defendant, in private practice, in a proceeding to be restored to competency?
No. The committee concluded that Canon 36 bars a lawyer who held public office from later taking employment connected with a matter he investigated or passed on while in office, and that the former…
Can a lawyer let his name or his firm's name be printed on the business card of an investigator who works on the firm's cases?
No. The Committee concluded it is improper, because the card could lead to abuses and could be taken as a representation that a layman is associated in the practice of law.
Can a lawyer keep a percentage or rebate paid by a title insurance company on the client's transaction?
Only with the client's consent after full disclosure. The Committee concluded the lawyer may keep a title-insurance rebate if the client consents after full disclosure; if the client refuses, the…
Can an attorney who also serves as a municipal clerk represent defendants in that municipality's municipal court?
No. The Committee concluded it is improper, applying the same principle that bars a member of a municipal governing body from practicing before its municipal court, because the clerk is identified…
Can a lawyer who serves as a court's probate commissioner and occasional judge pro tem represent clients before that same court?
No. The committee concluded that a lawyer whose office associates him in the public mind with presiding over a division of a court, here a probate commissioner who also sits as judge pro tem, should…
What outside criminal and civil matters may a part-time city attorney and his partners handle in courts and agencies other than the city's municipal court?
The committee divided on defending criminal cases in other courts but unanimously approved representing clients in civil matters adverse to other governments, and in criminal or quasi-criminal…
If a lawyer learns mid-case that the client's personal-injury accident was faked, may the lawyer withdraw, and may the lawyer report what the client said?
The lawyer may withdraw, returning the file or moving to withdraw even without the client's agreement, and need give no specific reason unless the client insists. Whether the lawyer may disclose…
Can a bank require its own attorney to pass on title and make the borrower pay that attorney's fee, even if the borrower's own lawyer duplicates the work?
Yes. The committee found it not improper for a bank to require, as a condition of the loan, that its attorney examine title and that the borrower bear that fee, even though the borrower's own…
Can a lawyer suspended from practice keep his name listed as an attorney in directories, and will the bar interpret the terms of his suspension?
The committee declined to interpret the terms of a Supreme Court suspension order, holding it has no jurisdiction to do so, and advised that a suspended member should not consent to his name…
May a seller's or lender's attorney close title for a development home advertised with 'No Closing Fees'?
The Committee concluded that the attorney appearing at the closing under the circumstances inquired about acts improperly. It also found a clandestine conflict when the seller's lawyer closes title…
Can a lawyer accept a referral fee or commission for placing a client's funds without telling the client?
No. The committee held that a lawyer may not take a secret commission on the placement of a client's funds, or obtain commissions from an outside source, without the client's full knowledge,…
Can a Florida lawyer also run a separate business or work as an officer of a company?
Yes, with limits. The committee concluded a lawyer may engage in an independent business, and may be an officer and employee of a corporation, so long as he does not commingle the business with his…
Can a lawyer represent a client again in a new matter after a court-appointed guardian had replaced the lawyer in an earlier case?
Yes. The committee saw no objection to a lawyer representing a client in a restoration-of-competency proceeding even though he had earlier represented her in a personal injury action from which a…
How long must a lawyer keep client files, and what should a lawyer do with funds belonging to a client who cannot be located?
The committee advised that retention time depends on a file's importance, that the client should be asked to retrieve or authorize disposal of a file, and that funds of an unlocatable client need…
Can a lawyer accept payment from a bank for writing title insurance and closing loans the lawyer refers to that bank?
A majority of the committee saw nothing improper in a bank charging the borrower for services and title insurance and remitting to the referring lawyer a service charge plus a fee for representing…
Is it ethical for a lawyer to hold a client's papers under a retaining lien until the lawyer is paid?
Yes. The committee found nothing unethical in a lawyer exercising a retaining lien on papers in his hands where the client had consulted him, arranged for services, agreed on a fee, and left papers,…
Can a lawyer leave a stack of business cards with a bank or business so its officers can hand them out to refer customers?
No. The committee concluded it is improper for a lawyer to leave a supply of professional business cards with a bank, savings and loan, or business officer so the cards can be used to refer…
Can a lawyer buy a client's tax refund at a discount and split the profit with another client who fronts the money?
No. The committee held it improper for a lawyer to buy a client's income tax refund at ninety percent of face value, funded by another client who took sixty percent of the profit, finding the…
Can a Kentucky law firm keep a deceased partner's name in the firm name?
Yes. The committee concluded that continuing to use a deceased partner's name is not improper where local custom permits it and no deception results, here approving a name that showed the deceased…
Can a lawyer refuse a court appointment to represent an indigent criminal defendant by saying he does not practice criminal law?
No. The committee concluded that not practicing criminal law is no excuse for refusing such an appointment, that a refusing lawyer is subject to discipline, and that a lawyer who leaves state…
Can a lawyer represent both the employer and the workers' compensation claimant in a settlement without telling the claimant?
No. The committee called it a very serious violation of the Canons for a lawyer to represent both the employer and a workers' compensation claimant in a washout settlement where the claimant did not…
If a lawyer helped one client get a loan from another client, can the lawyer later foreclose the loan for one of them?
The committee advised that a lawyer who assisted one client in obtaining a loan from another client should decline to represent either in foreclosing on the loan, and should leave them to obtain…
Can a lawyer whose office is in a hotel use the hotel's address and telephone number for the law office?
Using the hotel's street address is not improper since the office is actually located there. Using the hotel's main telephone as the office line may be improper because business could be channeled…
Can a former assistant U.S. attorney defend a criminal case that was pending while he was in that office if he never worked on it?
Yes. The committee found no violation of the Canons where a former assistant U.S. district attorney defends a criminal case that was pending during his term but which he never handled, was never…
Can a city mayor who is also a lawyer share in fees from negligence cases against the city that he refers to other lawyers?
No. The committee concluded the mayor should not serve notices on the city or share in fees in negligence cases against the city, because having an interest in litigation against the city he serves…
May a part-time city prosecutor in private practice defend criminal cases that arise in the surrounding judicial district but not in the city that employs him?
The committee concluded that a part-time city prosecutor engaged in private practice may not ethically represent defendants in criminal actions arising in the judicial district, even where the cases…
Can lawyers and judges appear under their own names on a public service television program dramatizing real cases?
Yes. The committee concluded that lawyers and judges may appear on a public service television program emphasizing cases and subjects of public interest, using their own names and being identified…
Is it improper for a lawyer to collect past-due spousal or child support on a contingent-fee basis in California?
The committee withdrew its earlier Opinion 263, which had called such a contingent-fee arrangement improper, concluding that the question turned on a doubtful determination of law that was outside…
Can a lawyer write a letter on office letterhead endorsing a political candidate and inviting the candidate to publish it?
Yes, on these facts. The committee found no basis for discipline where a lawyer used office letterhead to endorse a candidate, but cautioned that the answer would differ if the letter was intended…
Can a retiring lawyer sell the goodwill of his practice to a younger lawyer, and does a client get his files back?
The opinion concluded a lawyer may not sell or otherwise dispose of the goodwill of his practice, though he may sell office furniture, equipment, and library; a client has an absolute right to…
Can a Texas firm employ a lawyer admitted in another state, but not yet in Texas, to work as a law clerk and to prepare patent applications under his U.S. Patent Office license?
The Committee concluded that a Texas firm does not violate Canon 43 by employing such a lawyer to do law-clerk work under a Texas lawyer's supervision and to perform patent work authorized by his…
Can two members of a law firm also run a separate oil partnership out of the same offices, when the oil firm does not feed legal work to the law firm?
The Committee concluded that the arrangement does not by itself violate any Texas Canon, provided the lawyers are not advertised as lawyers in connection with the oil firm and the oil firm is not…
Can a lawyer who serves on a city zoning board of adjustment represent clients before the planning commission and city council on matters outside the board's work?
The Committee concluded that a lawyer who acts with propriety and good judgment may serve on a city zoning board of adjustment and also represent clients before other city boards and the city…
Can a lawyer who writes a letter to a newspaper identify himself as a lawyer, or is that improper advertising?
The Committee concluded that a lawyer generally should refrain from identifying himself as a lawyer in a published letter; doing so is unethical when the purpose or effect is indirect advertising or…
If a law firm partner is the city's mayor, can other members of the firm represent clients before the city's corporation court whose judge the city commission appoints and can remove at will?
The Committee concluded that no member of the firm may represent clients before the city's corporation court, because the mayor's disqualification under Canon 6 is imputed to the whole firm where…
Can a lawyer file a lis pendens against a parcel of land when he knows the client has no lien on or valid claim to it, in a suit asserting no lien?
The Committee concluded that, if the lawyer knows the client has no lien on or valid claim to the land, filing a lis pendens merely to cloud title is improper; on that assumption it amounts to abuse…
Can a lawyer rent space in a shared-office building where non-lawyer tenants use the same receptionist, secretarial pool, and library?
The Committee concluded that renting such shared offices is not unethical, provided nothing on shingles or door signs improperly suggests the individual practitioners are a firm or that a lawyer and…
Can a lawyer who serves as executor collect both executor's commissions and a separate attorney's fee for legal services to the estate?
The Committee concluded that, if Texas law permits it, collecting both a commission and an attorney's fee for services outside the executor's duties is not unethical, but it is unethical for the…
Can a full-time corporate staff lawyer who also does private practice put the corporation's name on his 'Attorney at Law' calling card?
The Committee concluded that he may not; when the card naming him as an attorney at law is used in his private practice, the corporation's name is extraneous self-laudation rather than a substitute…
Can a lawyer put the designation 'Proctor in Admiralty' on his letterhead?
The Committee concluded that he may not; the Texas Canons prohibit listing specialties on letterheads, and the ABA's 1961 amendment allowing a proctor-in-admiralty designation was an exception Texas…
Can a lawyer buy, sell, or advertise the sale of a law practice that includes good will and an established clientele?
The Committee concluded that buying, selling, or advertising the sale of a law practice with established clientele is unethical under Canons 24 and 34, though advertising the library, office…
Can a lawyer solicit real estate business for a friend who is a realtor, hoping to be hired to prepare the real estate papers?
The Committee concluded that soliciting business for a friend out of pure friendship does not violate the canons, but doing so in the hope of obtaining the legal work for himself is indirect…
Can a lawyer accept a fee from an insurance company in exchange for advising and encouraging his clients and friends to adopt the company's tax-saving insurance plan?
The Committee concluded that accepting and carrying out such an arrangement as submitted would violate one or all of Canons 6, 24, and 35; the plan is calculated to make the lawyer serve the…
Can lawyers who only share office expenses practice under a joint firm name like 'A, B and C, Attorneys at Law' if they are not actually partners?
The Committee concluded that it is unethical; a firm name on the door, stationery, cards, and phone listing indicates a partnership, and using it when no true partnership exists is a misleading firm…
Can a lawyer employed full time as a bank's trust officer and vice president handle probate and other legal matters for the bank's customers?
The Committee concluded that he may not; doing so would be a clear violation of Canon 24 and would be certain or likely to violate Canons 32 and 6, especially in drafting wills and handling probate…
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.