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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May a Florida lawyer hold a share of stock in a professional service corporation formed by a group of accountants?
No. The committee concluded that the professional service corporation statute (F.S. 621.01 et seq.) permits stock to be issued only to individuals licensed to render the same professional service as…
Can a lawyer keep a client's trust funds based on a casual note saying he is 'welcome to' them?
No. The committee said a client's statement in a Christmas card that the lawyer 'is welcome to' funds he holds for her is not sufficient justification for accepting them; the lawyer should determine…
May a lawyer write directly to a town board that is represented by counsel to criticize its decision to appeal his case?
No. The committee concluded that writing directly to the represented town board violated Canon 9; once litigation has begun, contact with the adversary must go through its counsel, and the fact that…
May an attorney's name appear in a newspaper notice of an estate or bankruptcy sale without violating the advertising canon?
It depends on degree. The committee concluded that an attorney's name in such a notice is proper if it serves a real purpose and is not in oversized type or a prominent spot, but it violates Canon…
May a finance company's lawyer arrange and pay for its debtor's bankruptcy so the debt survives, and may the debtor's own lawyer take that payment?
No. The committee concluded the arrangement indicates a Canon 6 violation; the finance company's lawyer cannot also represent the debtor, the debtor's lawyer accepting the company's payment cannot…
May a lawyer write past will clients suggesting they bring their wills up to date with codicils or new wills?
Qualified yes. The committee concluded a lawyer may remind a former will client of legal or factual changes that may require a review, but he must not ask the client to come in or confer, and must…
May a Florida firm list on its letterhead out-of-state lawyers not yet admitted in Florida, noting they are not Florida members?
No (majority view). The committee concluded that under the Integration Rule prohibiting practice in Florida by out-of-state lawyers, listing an out-of-state lawyer not admitted in Florida on the…
May a lawyer hold an interest in a corporation he sets up to act as fiscal agent for cities on bond issues if he also represents municipalities that hire the corporation?
A lawyer may set up such a corporation, but the committee advised that he should not hold any interest in it if he also represents municipalities that employ the corporation, because of the risk of…
May a lawyer share office space, a secretary, and possibly a telephone with a CPA in the same building?
Yes. The committee found no impropriety in a lawyer and a CPA sharing a building, a secretary, and possibly a telephone, provided the offices, files, and clients are kept separate and the…
May an attorney retained by an employees' association also represent the individual members on their personal legal problems?
The lawyer may represent the association as an entity, but the majority concluded that representing the members individually is precluded by Canon 35 unless the traditional attorney-client…
Can a lawyer sue a client or use a collection agency to recover an agreed, unpaid legal fee?
The opinion concluded that, although lawsuits and controversies over fees should be avoided, a lawyer may ethically recover an agreed, unpaid fee either by suing the client in the lawyer's own name…
May a lawyer prepare all the closing documents for a real estate transaction at a broker's request, charging the broker, with no contact with the buyer or seller?
No (majority view). The committee concluded that preparing the deed, note, mortgage, and other closing instruments at a real estate broker's request, charging the broker, and having no contact with…
May a patent lawyer lease desk space for a branch office in a suite occupied by an insurance and real estate broker?
Yes (majority view). The committee found no impropriety in a lawyer whose practice is limited to patent, trademark, copyright, and unfair competition matters leasing space in a broker's suite for a…
May a lawyer foreclose a mortgage for client A against a corporation wholly owned by B, where the lawyer's partner and firm have represented B?
No, except by express consent of all concerned after full disclosure. The committee concluded that, because the lawyer's partner had represented B and the firm had also represented B, the firm could…
May a lawyer on a yearly retainer collect the statutory attorney's fees awarded in an eminent domain case and pay them over to the client?
It depends. The committee identified several factors, including whether the condemnation was contemplated when the retainer was set and whether the lawyer-client fee arrangement is fully disclosed…
May a lawyer holding funds for a client tell the client's creditors he holds the funds so they can garnish them?
No. The committee concluded it is improper for an attorney to advise his client's creditors that he holds funds due to the client so the creditor may proceed against them; the lawyer's duty is to…
May a lawyer who is also a CPA practice law while holding himself out as an accountant on his door, letterhead, or elsewhere?
No. The committee concluded a lawyer-accountant must choose one profession to hold himself out in; practicing law while advertising as an accountant would indirectly solicit law business in…
May a lawyer accept a referral fee from a savings institution for recommending that a client invest there?
Yes, but only with full disclosure and the client's written consent, after the lawyer makes an independent investigation and concludes the investment is sound, and without abusing the client's…
Can a lawyer prepare deeds and closing documents for a non-broker firm that sells home-selling services to property owners?
The opinion concluded that it is improper for a lawyer to prepare legal documents for the sale of real property at the request of a firm that sells home-selling services but does not act as a true…
May a former government lawyer take private employment on a matter he did not investigate or pass upon while in government service?
Yes. The committee concluded that a lawyer retiring from government service may accept employment in connection with a matter he did not investigate or pass upon while in that service; here the…
May a lawyer act as next friend for a hospitalized ward in restoring her civil rights and then serve as her counsel in a later proceeding?
Yes. The committee found no impropriety in a lawyer acting as next friend for a female ward of a state mental hospital in proceedings to reestablish her civil rights and then later acting as her…
Can a lawyer take suits referred by a lay collection agency where the agency pays the lawyer, uses his name, and controls the litigation?
The opinion concluded the lawyer cannot. An attorney may not accept employment from a lay collection agency to litigate the agency's customers' claims where the agency pays or divides fees, controls…
Can a lawyer deposit client funds in his general account instead of a trust account if records are kept and the client is paid promptly?
The Committee concluded that strict compliance with Canon 10 and the better practice is to deposit any check or money in which a client has an interest into a trust account; depositing client funds…
Can a lawyer represent an employee's workers' compensation claim and also represent both the employee and the employer against the third party who caused the same accident?
The Committee concluded that, provided the lawyer makes full disclosure of the facts bearing on possible conflicting interests, it is not improper under Canon 6 to represent an employee in his…
Can a former assistant county attorney, and his law partner, defend a person the lawyer had handled as a prosecutor while in office?
The Committee concluded that no member of a law firm may represent a criminal defendant if one of the firm's members, while previously serving as an assistant county attorney, had handled or worked…
Can a group of lawyers name the office building they own and occupy a 'Legal Clinic'?
The Committee concluded that the name 'Legal Clinic' may not properly be given to a building built and used by a group of attorneys as their office, because the name is close enough to advertising…
Can a lawyer list in the yellow pages of a telephone directory for another town where he has no office, even if that town has no lawyers?
The Committee concluded that attorneys may not list in the commercial or yellow pages of a telephone directory of another town where they have no office, even if that town is in the same county, has…
Can a lawyer volunteer, without pay, to represent a prisoner he believes was wrongly convicted, when he has no relationship with the prisoner?
The Committee concluded that it would be ethical for a lawyer to volunteer to represent a convicted person to show that he was unjustly convicted, provided the convicted person authorizes the…
Can a county bar association have its members mail State Bar educational pamphlets to their own clients in unmarked envelopes?
The Committee concluded that a county bar association may properly distribute educational pamphlets prepared by the State Bar of Texas, and lawyers acting under its direction may mail them to their…
Can a Texas lawyer split a fee on a percentage basis with an out-of-state lawyer who forwarded the matter but is not licensed in Texas?
The Committee concluded that a forwarding fee may ethically be paid to an attorney not licensed in Texas, provided he is authorized to act as a forwarding attorney where he is acting; if his…
Can a lawyer belong to a Chamber of Commerce that lists members by occupation in its membership directory, including an 'Attorneys' section?
The Committee concluded that it is not unethical for a lawyer to belong to a Chamber of Commerce that lists its members by occupational classification in its membership directory, where the listing…
Can a lawyer buy a paid professional-card listing in a college alumni magazine's business and professional directory?
The Committee concluded that it is unethical for a lawyer to publish any paid professional advertisement in an alumni magazine or newspaper, even in a section labeled 'Alumni Business and…
Can a defense lawyer write directly to a represented plaintiff, copying the plaintiff's attorney, to request that the plaintiff submit to a physical examination?
The Committee concluded that defense counsel did not violate Canon 9 by writing a letter to the plaintiff with a copy to the plaintiff's attorney when the letter dealt only with the defendant's…
Can a lawyer try a case when a partner in the same firm, who drafted the disputed instruments, will be a material witness?
A majority of the Committee concluded that a lawyer may not ethically represent a client in a litigated matter in which the lawyer's law partner will appear as a material witness, because one firm…
May a lawyer who serves as county prosecutor defend people accused of crimes in other counties or circuits?
No (majority view). The committee concluded it is improper for a lawyer who is county prosecutor to defend those accused of crimes, even in counties or circuits other than the one in which he prosecutes.
May a partner or associate of a public body's attorney appear before that public body for a private client?
No. The committee concluded it is improper for a partner or associate of an attorney who represents a public body to appear before that body for a private client, even where the matter is outside…
May one attorney represent both spouses in a divorce, or switch to representing the wife after representing the husband?
No. The committee concluded that an attorney cannot with propriety represent more than one party in a divorce proceeding, and that having represented the husband and possibly obtained his…
May a lawyer let a life insurance company run an ad naming him a special representative and touting his legal specialties?
No. The committee concluded the ad flagrantly violates Canon 27 if the lawyer keeps a private practice, and that being paid by the insurer to serve its customers violates Canon 35's bar on a lay…
May a lawyer send Christmas or greeting cards that show 'attorney,' his office address, or images referring to his profession?
No. The committee concluded such cards violate Canon 27's bar on indirect advertising; a lawyer may still send personal Christmas cards to friends and close clients so long as they carry no…
May a lawyer run a classified newspaper ad offering to prepare income tax returns and purchase refund claims?
No. The committee concluded the classified ad was a clear violation of Canon 27; that laymen offer the same service does not matter, because when an attorney performs it the work is the practice of…
May a lawyer's professional card use the title 'Judge' and describe him as an 'Experienced Receiver'?
No. The committee concluded both are improper under Canon 27; a simple professional card may carry only the lawyer's name, address, telephone, associates or firm, and a plain designation of his…
May a lawyer form an association with or for a credit collection agency?
Yes, with conditions. The committee found no objection to a lawyer forming an association for a credit collection agency so long as his law practice is entirely disassociated from the separate…
May a lawyer sue over an accident at a hotel that an insurance-company client of his had previously insured?
Yes, with conditions. The committee found no impropriety in an attorney representing a client injured at a hotel after the policy period during which the hotel had been insured by a client of the…
Can a lawyer or his firm be hired to attack the validity of a contract that the lawyer or one of his partners drafted?
As a general rule, no. The committee concluded that a lawyer may not accept employment to attack the validity of an instrument he drew, and that a firm cannot accept any employment one of its…
Can an attorney who sits on a city council represent defendants charged with city-ordinance violations in that city's municipal court?
The opinion concluded that it is improper for an attorney who is also a city councilman to appear for defendants prosecuted for city-ordinance violations in the municipal court, because the council…
Can a municipal judge and the city attorney who appears before that judge share the same suite of law offices for their private practices?
The opinion concluded that it is improper for a municipal judge and a city attorney to engage in private law practice in the same suite of offices, because the arrangement implies the city attorney…
Can a lawyer retained by a lending institution to give it a title opinion allow that opinion to be sold to the institution's borrower?
The opinion concluded that a lawyer retained by a lending institution to render a title opinion may not sell, or acquiesce in the sale of, a copy of that opinion to the institution's customer,…
May a claimant's lawyer write directly to the opposing party after the insurer refuses to settle, telling that party to retain counsel?
Yes. The committee found nothing improper in a claimant's attorney writing to the opposing insured, after the insurer's adjuster refused to settle, to give notice of intent to sue and advise the…
May a lawyer let an organization he represents publish his picture and biography in the organization's promotional pamphlet to the public?
The committee concluded it was improper for an attorney for an organization to permit his picture and biography to appear in the organization's advertisement to the general public, because it…
Can a lawyer who serves as special counsel to a city's personnel board appear before the city council or sue the city for private clients in unrelated matters?
No. The committee concluded that special counsel to a city personnel board could not appear before the city council or sue the city for private clients, even on matters unrelated to personnel,…
Must a lawyer keep a client's confidence when the client threatens a crime, and may he pay a forwarding fee to the lawyer who referred the case?
The duty to preserve a client's confidences outlasts the engagement, but the committee said the Canons both permit and require a lawyer to disclose a client's announced intention to commit a crime;…
When a guardian tells her lawyer she has misused her ward's funds, may the lawyer prepare an account that hides the misuse, or report the misuse to the court without her consent?
The committee concluded the lawyer may not prepare or file an account that conceals the misappropriation, is not obligated to report the misuse to the court absent the guardian's consent, and may…
Can a law firm own stock in a loan company that lends to its clients with pending claims and keep referring clients there?
The Committee concluded that a firm may invest in the stock of a loan company that lends to persons with pending damage-suit claims, and may continue referring clients who need to borrow to that…
May a Texas district judge publish a printed Christmas greeting in a local newspaper, and would the same be improper for a practicing lawyer?
The Committee concluded that district judges may publish printed Christmas greetings in their local newspapers, because a public official's recognized need to advertise permits it so long as it is…
Can a lawyer entering private practice note on his announcement cards that he was a former Assistant United States Attorney?
The Committee concluded that a former Assistant United States Attorney may not include his former official position on a professional announcement card announcing his entry into private practice,…
If a lawyer accepts a case and only later turns out to be a material witness on a disputed fact, may his firm still try the case?
The Committee concluded that where a lawyer accepts employment with no knowledge that he will be a material witness, and a dispute arises before trial about facts on which he may have to testify, it…
May a Texas district judge sign pleadings or act as counsel in a case, or solicit and refer business to the lawyer who took over his practice?
The Committee concluded that a district judge may not properly sign pleadings or act as counsel in a district court case (Article 319 bars a district judge from pleading as an attorney, and doing so…
Is it improper under the Texas Canons for an individual lawyer to host a party, such as a fish fry, honoring a judge?
The Committee concluded that whether an individual lawyer may properly give a party honoring a judge is an open question that turns entirely on the lawyer's intent and the circumstances of his…
Can a new bar group set up a members-only lawyer referral service and run radio ads touting a low consultation fee that undercuts an existing service?
The Committee concluded that a group of lawyers may organize a bar association, but it is improper to run that association's referral service for members only where an existing referral plan already…
Can a lawyer testify about what a client told him in confidence when the client was planning, and then committed, a crime?
The Committee concluded that when a client reveals an intention to commit a crime and then commits it, the lawyer is not bound to respect the client's confidences and may testify to those facts,…
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.