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 law firm advertise its move to new offices and an open house in the newspaper or by mailed invitations, or let its contractors and furniture suppliers do so?
The Committee concluded that a law firm may not, directly or indirectly through contractors and suppliers, advertise to the public by newspaper or mailed announcements that an open house will be…
Can an insurance company's salaried attorney also represent the insured for his deductible and his counterclaim in the same suit, and what conditions apply?
The Committee concluded that, on the bare facts, none of these arrangements is unethical per se, but the attorney must be candid with the court about whom he represents (Canon 19), may not use the…
If two lawyers share an office and use a joint 'Law Offices of A and B' letterhead, is one disqualified from a case because the other talked to and turned away the opposing party?
The Committee concluded that two lawyers who share an office and hold out under a joint 'Law Offices of A and B' letterhead are in a relationship so close that, even if they are not partners, the…
Can a law firm send mimeographed Christmas-party invitations on firm letterhead to its clients and their claims employees?
The Committee concluded that, although a firm may host an open house for clients and friends at Christmas, an invitation commercial in tone, here addressed to clients' (and possibly former clients')…
Can a lawyer write to a juror after the verdict to defend himself and explain that defendants in injury cases are insured?
The Committee concluded that a lawyer's letter to a discharged juror violated Canon 24 because it contained self-laudation and indirect advertising and solicitation, and violated Canon 29 because it…
Can a judge borrow money from lawyers who practice in his court, and can a lawyer lend money to a judge, under the Texas Canons?
The Committee concluded that a judge's borrowing from lawyers who practice before him, though it gives the appearance of impropriety, did not violate any Texas Canon because the ABA Judicial Canons…
Can a new attorney take over a client's civil case when the prior attorney, who filed nothing, refuses to sign a substitution of attorney over an unpaid fee?
Yes. The Committee concluded the new attorney may proceed to defend the client without a substitution, because the client's right to counsel of his own choice is paramount to any fee dispute, and…
Can a lawyer run a law office out of his home and list his home address and phone number on a business card?
Yes. The committee found no objection to a lawyer maintaining a law office in his home, using his home telephone for business, and listing his residence address and telephone number on a…
Can a trial lawyer flatter or compliment the jury, like thanking them for their attention?
The opinion concluded that it is improper and unprofessional for a lawyer to curry favor with juries by fawning, flattery, or pretended solicitude for jurors' comfort, such as complimenting them on…
Can a lawyer set up a family-owned holding company to take title to clients' property and hold their funds?
The committee found nothing unethical, on stated conditions, in a lawyer organizing a family holding company to take title to clients' real estate and hold their funds, so long as full disclosure is…
Can a lawyer charge an attorney fee for an estate when a partner or relative is the administrator, and can a firm have its secretary serve as personal representative?
The committee approved all four arrangements under the former Canons: firm partners could share both commissions and attorney fees, while an attorney could not share the commission allowed to a lay…
Can lawyers form a professional service corporation and give its employees a profit-sharing or retirement plan without improperly splitting fees?
Yes. The committee concluded lawyers may organize and operate a professional service corporation under KRS Chapter 274, so long as the Act is carefully observed, and that a profit-sharing or…
If a lawyer learns that his client (an estate administrator who is also a lawyer) diverted estate assets, may he disclose it to the court, heirs, or a successor attorney, and what must he do with the file when he withdraws?
The committee concluded the lawyer may not disclose the client's diversion of assets to anyone, including the court or a new attorney, without the client's consent; he need not state the reason for…
Can a lawyer suspended from practice take a job doing legal research for a law firm while his reinstatement is pending?
The committee could not agree and declined to resolve the question, concluding it was not a clear question of ethics and that the request to interpret the suspension order should go to the Committee…
May an attorney retained by a trade association committee accept a circular inviting individual members to call him for advice on their own problems and to remit his fees directly to him?
No. The committee concluded that a circular inviting individual members to consult the association's counsel about their own affairs violates Canon 35, and that having members pay the attorney…
Does a lawyer who habitually offers legal services for less than the minimum fee schedule violate the Canons of Professional Ethics?
The committee concluded that a lawyer who habitually and notoriously underbids the minimum fee schedule violates Canons 7 and 12, because chronic underbidding amounts to soliciting business and…
May a lawyer publish a notice in a general-circulation legal newspaper announcing availability to serve other lawyers in a specialized field, and may the notice describe his past industry experience?
No on both counts. The committee concluded that Canon 46 permits such an announcement only in a true local legal journal sent to lawyers, not in a paper of general circulation like the Daily Legal…
Can a lawyer be made to give the IRS the name and address of a client for whom he obtained a tax ruling on a hypothetical question?
No. The committee unanimously concluded a lawyer is neither required to nor may ethically disclose to the IRS the name and address of a client at whose request the lawyer framed a hypothetical…
Can a lawyer be disciplined for refusing to pay a forwarding fee to a collection agency that referred a claim?
No. The committee concluded a lawyer cannot be subjected to disciplinary proceedings for refusing to pay a forwarding fee to a collection agency, because the applicable Canons prohibit paying a…
May a judge and two lawyers take part in a panel discussion before a medical association about medical testimony and negligence cases?
Yes. The committee saw no objection to a judge and two lawyers appearing in a panel discussion before the local medical association so long as no actual cases are discussed and the discussion stays…
Can a lawyer let a collection agency put the lawyer's name or signature on a summons the agency's lay staff prepared without the lawyer's involvement?
The opinion concluded that it is unethical for a lawyer to consent to an arrangement in which the lawyer's name or signature appears on a summons that is in fact prepared by the client collection…
May a lawyer take the state real estate broker examination and hold a non-active broker license in order to teach real estate law?
Yes. The committee found no objection to a lawyer taking the Florida Real Estate Commission examination and holding a non-active broker license in order to teach real estate law in a registered school.
Can a lawyer apply fees and costs from one settled case against settlement money held for a separate case?
The committee declined to approve charging fees and expenses from both cases against the proceeds of the one case the client closed, calling it more a question of law than of ethics and suggesting…
Can a lawyer who represented a crash victim's widow later represent one pilot against the other pilot and the plane owner?
The committee saw no conflict of interest in counsel who had represented the widow later representing the pilot of plane B against the pilot of plane A and the plane owner, where no claim would be…
Can a lawyer who is a corporation's general manager have his corporate salary reduced by his outside law-practice fees over a threshold?
The committee said the arrangement, reducing the manager's corporate salary by law-practice fees above a set amount, is subject to criticism and open to interpretation as dividing legal fees with a…
Can a law firm keep its offices inside the premises of a financial-institution client when a firm member is also an executive of the institution?
The opinion concluded that a firm may locate its offices in a financial-institution client's premises even when a firm member is an executive there, but the firm must take great care that the close…
Can an insurance company select and pay the lawyer who represents a minor's guardian in getting court approval of an injury settlement?
The opinion concluded that it is unethical for a lawyer to represent a minor's guardian in obtaining court approval of an injury settlement when the lawyer was selected or employed by the insurance…
May a lawyer write a regular newspaper legal column and answer readers' general questions?
Yes, within limits. The committee found it not improper for a lawyer to write articles for a weekly newspaper and answer general questions from subscribers, so long as the column deals only with…
May the law partner of a city commissioner who appoints the municipal judge practice before that municipal court?
No. The committee concluded it would be improper for the partner of a municipal officer who has power to appoint municipal judges to practice before those judges, applying the principle that a…
Can a Florida lawyer split a fee with an out-of-state lawyer who no longer practices and did no work on the case?
No. The committee concluded it would be highly improper for a Florida lawyer to divide any portion of a fee with an out-of-state lawyer (a former New Jersey lawyer now a minister) who was not in…
May a lawyer who has moved offices send invitations to an 'open house' along with the announcement of the new location?
No. The committee concluded that coupling an 'open house' invitation with an office-move announcement goes beyond the truthful, dignified announcement Canon 27 allows and is personal publicity that…
Must a lawyer who sells a client title insurance and keeps part of the premium disclose his interest?
Yes. The committee said a lawyer who sells his client title insurance through the Lawyers' Title Guaranty Fund and retains a portion of the premium should disclose to the client both his interest in…
Can a lawyer charge a workers' compensation claimant more than the fee fixed by statute?
No. The committee concluded that where a statute fixes the attorney fee for claims before the Workmen's Compensation Board and bars the Board from denying or reducing it except for solicitation, the…
Can a lawyer who serves as both administrator and attorney settle a wrongful-death claim the heirs have rejected because he thinks the case cannot be won?
No. The committee concluded that where a lawyer acting as both administrator and attorney believes a wrongful-death case cannot be proven but the heirs reject the settlement, he should, after due…
Can a lawyer who drafted and witnessed a will later represent heirs trying to defeat that will in probate?
No. The committee concluded under Canon 6 that a lawyer who prepared and witnessed a will may not represent the next of kin in opposing its probate, because a lawyer should not attempt to nullify…
May a lawyer sign and allow publication of a petition endorsing an incumbent judge for reelection?
Yes. The committee found no impropriety in a lawyer signing and allowing publication of a petition, circulated by lawyers, endorsing an incumbent judge for reelection, but said a lawyer should not…
May a lawyer write a series of general legal-information articles for a local free newspaper?
Yes. The committee concluded a lawyer may write articles giving general information on the law, so long as he does not answer questions of a specific nature or attempt to advise individuals about…
Can a lawyer disputing his fee with a subrogated insurer tender the funds into court for the judge to set the fee?
Yes. The committee said a lawyer who disputes a subrogated insurer's view of his fee acts ethically by tendering the money into the registry of the court and asking for a judicial determination, and…
Can the bar or a lawyers' association set up a revolving fund to lend money to needy personal injury plaintiffs during their cases?
The committee did not reach a single conclusion. Members aired competing views, including that financing plaintiffs could tend toward champerty, that a lawyer forced to contribute would hold a…
Can a Wisconsin law firm incorporate as a service corporation, and how must its name and any profit-sharing plan be handled?
Pending ABA Opinion 303, the committee gave informal thoughts: lawyers in a law corporation must stay personally responsible to clients, the firm name must add a corporate designation (S.C.,…
Can a lawyer's radio announcement promoting a charity event mention that he will not be practicing law that day?
The Committee concluded that a lawyer who made a radio announcement urging the public to attend a charity golf tournament could not properly include the statement that 'We will not be practicing law…
Can a lawyer who co-owns an office building call it the 'Lawyers Building' when it is built for only a limited number of lawyers?
The Committee concluded that calling a building the 'Lawyers Building,' where it was designed for only thirty to thirty-five lawyers and treated as a limited number, did not violate the minimum…
Can a lawyer who is president of an abstract company let it issue certified 'Property Reports' on land titles without aiding the unauthorized practice of law?
The Committee concluded that an abstract company's use of a certified 'Property Report' form does not necessarily mean it is practicing law, but the form is so conducive to the unauthorized practice…
Can the same lawyers represent both individual county commissioners and the county itself when a taxpayer sues to stop illegal expenditures?
The Committee concluded that, where a taxpayer sought to enjoin county commissioners from making illegal expenditures and the county was added as a defendant, the potential conflict between the…
Can a lawyer act as surety on a client's criminal bond without violating the rules against advertising and solicitation?
The Committee concluded that it is not unethical for a lawyer to act as surety on a client's criminal bond when there is no element of advertising, solicitation, touting, or serving as a 'feeder'…
Can a lawyer admitted in both Texas and New York send an announcement card about opening a New York office in association with a New York lawyer?
The Committee concluded that an announcement card by a lawyer admitted in both Texas and New York, listing his Texas office and the New York address of his new association with a New York lawyer,…
Can a lawyer who also works as a marriage counselor advertise his bar membership and legal training in ads for the counseling business?
The Committee concluded that when a lawyer is engaged in an independent activity that by its nature probably results in counseling another person on legal matters, for pay, he may not refer to being…
Can a lawyer who does not practice criminal law serve as attorney-in-fact for a surety company that writes criminal bail bonds?
The Committee concluded that it is not per se unethical for a lawyer who does not practice criminal law to act as attorney-in-fact for a surety company that writes bail bonds, but it would violate…
Can a lawyer use his law-office letterhead for correspondence on behalf of a civic or non-profit organization he serves?
The Committee concluded that a lawyer may use his professional letterhead for correspondence relating to a non-profit or non-business association, and the line between proper and improper use is…
Can a lawyer serve as chairman or a member of a church's Committee on Wills and Legacies without violating the rules on solicitation?
The Committee concluded that there is nothing unethical per se about a lawyer serving as chairman or member of a church's Committee on Wills and Legacies, and that such service is commendable; it…
May a lawyer's wife testify for the lawyer's client when no other witness is available?
Yes. The committee concluded that where no other witnesses to a mother's fitness for custody are available, the lawyer's wife may testify for the client, because Canon 19 limits only the lawyer's…
May a lawyer let his name appear on a government agency's list of 'qualified examiners,' and may a lay company advertise 'Bonded-Lawyers' on a form it gives its customers?
No to both. The committee concluded that letting one's name appear on the FAA's list of qualified examiners amounts to soliciting business in violation of Canon 27, and that a lay company's use of…
May a lawyer write jurors to compliment their service, thank them for a verdict, or question them after discharge about their deliberations?
No. The committee concluded that writing jurors offends the spirit of Canon 23 and is indirect advertising under Canon 27, that thanking jurors for a verdict curries favor and embarrasses them, and…
May a lawyer appointed Acting County Attorney keep a separate law office and a private practice?
Yes. The committee concluded an Acting County Attorney appointed under 19 O.S.A. § 187 may, and indeed should, maintain a separate office for private practice, but must avoid any employment in which…
May a lawyer be on the FAA's distributed list of 'qualified examiners,' and may a lay company advertise 'Bonded-Lawyers' on its order forms?
No to both. The committee concluded that appearing on the FAA's distributed examiner list is soliciting business under Canon 27, and that a lay company's 'Bonded-Lawyers' advertising flagrantly…
May lawyers form a professional corporation under Oklahoma's Professional Corporation Act and practice law in that form?
Not yet, at the time. The committee concluded that practicing law as a professional corporation does not itself violate the canons, but because the canons do not affirmatively permit it and…
Can a foundation employ a house lawyer to prepare wills for its guests and constituents while the lawyer represents only the foundation?
No. The committee unanimously found it wholly improper for a foundation to provide a staff attorney, retained solely to represent the foundation, to advise and prepare wills for the foundation's…
Can a lawyer who handled a developer's loan closings later represent the bank foreclosing on those mortgages against the developer?
Yes, on these facts. The committee found no objection to a lawyer who previously handled a subdivision's loan and mortgage closings representing the banks in foreclosing those mortgages against the…
Can a lawyer who acted as coroner in an accident's criminal proceeding represent the victim's husband in the related civil suit?
No. With one member dissenting, the committee concluded a lawyer who, as coroner, investigated the accident, impaneled a jury, and issued a manslaughter warrant should immediately withdraw and sever…
Can a lawyer sue a party represented by another lawyer who is listed 'of counsel' on the suing lawyer's letterhead?
No. The committee found it improper for a lawyer to bring an action against a party represented by an attorney who appears 'of counsel' on the suing lawyer's letterhead, where the two are actually…
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.