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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What is the status under the State Bar Act of a non-resident attorney whose name was on the Supreme Court roll when the Act took effect?
The Board of Governors concluded that a person whose name appeared on the Supreme Court roll on June 22, 1929, became a member of the State Bar obligated to pay the required fees, but that the Board…
Can a corporation have a regular employee, who is not a lawyer, file and handle its cases in a justice-of-the-peace court?
The Board of Governors concluded no. While an individual plaintiff or defendant may appear in person before a justice of the peace, a corporation cannot appear through a non-lawyer employee; it can…
Can a lawyer pay to have his photograph and biographical description published in a newspaper feature?
The Board of Governors concluded no. Adopting ABA Opinion 43, it held that a lawyer's paid-for photograph with his name, address, and vocation was solicitation of business by advertising condemned…
Can a lawyer represent a salary or chattel loan company, including suing to collect notes that carry usurious interest?
The Board of Governors concluded a lawyer may represent such a company on retainer for advisory work, and may sue on indebtedness where usurious interest has been waived, but it is reprehensible to…
Can a county attorney accept compensation from a crime victim in connection with the prosecution of the alleged offender?
The Board of Governors concluded no. In counties where county attorneys were prohibited from private practice, demanding or accepting compensation for legal services or a reward for official acts…
Can a lawyer answer listeners' individual legal questions on a radio program?
The Board of Governors concluded that if the answers purported to advise listeners about their individual rights, the conduct violated the spirit of Rule 42, whether or not the lawyer was paid; a…
What counts as the practice of law under the State Bar Act's prohibition on unauthorized practice?
The Board of Governors defined the practice of law as any service involving legal knowledge, whether representation, counsel, or advocacy, in or out of court, rendered in respect of the rights,…
Can an Oklahoma lawyer who collects a commercial claim forwarded by a lay collection agency remit part of the contingent fee to that forwarder?
The Board of Governors concluded yes. Rule 36 contained an express exception allowing the established custom of sharing commissions at a commonly accepted rate on commercial-claim collections…
Does the lawyer-as-witness rule apply to a county attorney who testifies in a criminal case and then continues to prosecute it?
The Board of Governors concluded yes. Rule 21, which directed a lawyer-witness to leave the trial to other counsel, applied to county attorneys and their assistants in criminal cases with the same…
Does the lawyer-as-witness rule apply to a county attorney who testifies in a criminal case and then continues to prosecute it?
The Board of Governors concluded yes. Rule 21, which directed a lawyer-witness to leave the trial to other counsel, applied to county attorneys and their assistants in criminal cases with the same…
Can a lawyer use runners or touters to bring in business, or maintain a standing business association with a habitual usury violator?
The Board of Governors concluded no to both. Knowingly accepting the services of runners or touters to secure business violated the rules and could result in disbarment, and a standing business…
Can a lawyer who runs a collection service mail circular letters to merchants' associations soliciting accounts to collect?
The Board of Governors concluded no. Mailing such solicitation letters was solicitation of business by circular not warranted by professional relations under Rule 29, and using a collection-service…
Can a lawyer advertise or mail circulars to other lawyers offering to research and write briefs for them for a fee?
The Board of Governors concluded no. Soliciting business by circular or advertisement not warranted by personal relations was unprofessional under Rule 29, so a lawyer who advertised brief-writing…
Can a non-lawyer practice before a justice of the peace, and can a lawyer give a layman a power of attorney to sign pleadings and commence lawsuits in the lawyer's name?
The Board of Governors concluded no on both points. A non-member of the State Bar who practices before a justice of the peace commits a misdemeanor, and a lawyer who delegates authority to a layman…
Can a corporation set up an in-house legal department and advertise legal services to the public by employing licensed lawyers to do the work?
The Board of Governors concluded no. A corporation that furnishes legal services to its customers through employed lawyers is engaged in the unauthorized practice of law in violation of Section 48…
Can a lawyer use a collection agency to collect an unpaid legal fee from a client?
The opinion concluded that a lawyer whose reasonable efforts to collect a delinquent fee fail may use a reputable collection agency, provided the lawyer discloses no client details beyond what is…
Can a criminal defense lawyer charge a fee, paid in advance, that is refundable if the lawyer fails to obtain post-conviction relief?
The opinion concluded that such an arrangement is an improper contingent fee in a criminal case, because a fee that is refundable only if the lawyer is unsuccessful is predicated on success just as…
Can a Florida lawyer prepare pleadings for a party without signing them, and can the lawyer counsel both spouses to draft a settlement before representing one in the divorce?
The opinion concluded a lawyer who is not the attorney of record may prepare pleadings without signing them, but may not counsel both husband and wife to prepare a settlement agreement and then…
May a Florida lawyer list on the firm letterhead the other states in which the lawyer is admitted to practice?
Yes. The committee concluded that, after the Florida Supreme Court's 1980 amendments to the advertising rules, a lawyer admitted to practice in Florida may indicate on the letterhead the other…
May a legal services organization give information about its clients to a county funding agency?
The opinion concluded that a legal services organization may furnish client information to a county funding agency only with the affected clients' consent, because legal aid lawyers must protect…
Can a Florida lawyer hold a real estate broker's license with a real estate firm while also running an active real estate law practice?
The opinion concluded a lawyer may keep a real estate broker's license registered with a real estate firm and maintain a real estate law practice, provided the lawyer accepts no referrals from the…
Can a Florida lawyer state on an office sign, letterhead, or business card that he is also a registered real estate broker?
The opinion concluded that after the 1979 deletion of DR 2-102(E), a lawyer may indicate on a sign, letterhead, or business card that he is a registered real estate broker, though the committee…
Can a lawyer represent a sheriff in civil matters when a partner in the same firm handles criminal defense in the same county?
The opinion concluded that recurring representation of a sheriff in civil and administrative matters is improper, absent emergency or hardship found by a court, when a partner or associate does…
Can a lawyer who is a municipality's retained police legal advisor also defend criminal cases in the county that do not involve that municipality's officers?
The opinion concluded that a retained municipal police legal advisor may represent criminal defendants in county cases that do not involve police officers or other municipal personnel, and it…
When is a party 'represented' for the no-contact rule, and which corporate employees count as the represented party?
The opinion concluded representation begins when an attorney-client relationship is established for the matter, regardless of litigation; for a corporation, officers, directors, and managing agents…
Can a lawyer hired by an insurer represent the insured in a contribution counterclaim when the insured might do better by being held liable and recovering under an employer's policy?
The opinion concluded the lawyer may not continue the multiple representation, because the insured's best interest in being held liable to recover under an employer's policy conflicts with the…
Can a supervising attorney at a legal services clinic direct another clinic lawyer's decision about whether to withdraw from a case?
The opinion concluded it is not improper for a supervising attorney in a legal services clinic to influence another clinic attorney's professional judgment on withdrawal, because the…
Can a Florida lawyer practice law and real estate from the same office?
The opinion concluded that, after the 1979 deletion of DR 2-102(E), a lawyer may engage in the practice of law and real estate from the same office, though the committee cautioned against a feeder…
Can an insurance company's lawyer draft the plaintiff's pleadings in a friendly suit settling a minor's claim, even with full disclosure?
The opinion concluded an insurance company's attorney may not draft pleadings for the plaintiffs in friendly suits settling minors' claims, because once the lawyer drafts the document he represents…
In New Jersey, can a lawyer who is a State Police officer also serve as a municipal prosecutor?
No. The Committee concluded that serving simultaneously as a New Jersey State Police officer and as a municipal prosecutor created an appearance of impropriety under the then-existing RPC 1.7(c)(2)…
Can a New Jersey law firm hire a second firm to do legal work for its clients, and must it tell the client about the arrangement?
Yes, a firm may retain a second firm to perform legal services much as it would use a temporary or contract lawyer, provided there are no conflicts of interest and no improper exposure of one firm's…
Can a professional corporation made up of lawyers be a partner in a Colorado law partnership, and how must the firm describe it?
The opinion concluded that it is ethically proper for a professional corporation consisting of one or more lawyers to practice law in partnership with individual lawyers or other professional…
How much can a Colorado lawyer charge for a foreclosure, and can the fee be higher because a non-client debtor or purchaser pays it?
The opinion concluded that a lawyer may not agree to, charge, or collect an illegal or clearly excessive fee for handling a foreclosure, that a fee amount specified in the note or security…
If a lawyer accepts an unpaid county appointment (planning board, park commission, county college), how is it decided which client matters the firm must then decline?
The opinion concluded the Committee would not create a formula and that whether the appointment is paid is irrelevant; under the Supreme Court's Perillo standard, the lawyer must decide, case by…
Can a California attorney draft or amend a will that leaves the attorney a substantial gift, and what must the attorney do if the client will not get independent advice?
The committee concluded that an attorney who drafts or amends a will giving the attorney a substantial gift may be subject to discipline for undue influence unless the client has received…
Can a property management firm recoup the cost of a law office it provides free to a lawyer by charging its client partnerships per hour the lawyer works for them, without it being unlawful fee splitting with a non-lawyer?
The committee concluded that recouping the firm's office costs from the clients, apportioned by the lawyer's hours, is not by itself prohibited fee splitting under former Rule 1-320 as long as the…
Can a lawyer publish a law-journal article arguing a position on an issue that is pending before a court in the lawyer's own client's related case?
The committee concluded that an attorney may publish a law-journal article related to the subject matter of a client's case where the article does not take a position adverse to the client and does…
Can a municipal court judge share a law practice with a municipal prosecutor from another town, and may the judge's firm handle a criminal appeal arising from his own court's county?
The supplement concluded a municipal court judge may associate with a municipal prosecutor of another municipality only if the other lawyers refrain from all criminal-defense work within the county…
Can a D.C. lawyer charge a reverse contingent fee based on how much money the lawyer saves the client from a claim against the client?
The opinion concludes that the D.C. Rules do not prohibit reverse contingent fees, where the fee is based on the difference between the amount a third party demands from the client and the amount…
Can a lawyer who serves on a city council represent private clients in that city's municipal courts?
No. The committee concluded that a lawyer who sits on the city council may not practice before that city's municipal courts, because the council selects, budgets for, and can remove the municipal…
Can a disbarred or suspended lawyer working as a 'legal assistant' question a witness at a deposition if a licensed attorney supervises?
No. The committee concluded that a suspended or disbarred lawyer who conducts the questioning of a witness at a deposition, even under a licensed attorney's supervision, engages in the unauthorized…
When may a Vermont magistrate formerly employed by the Office of Child Support hear its cases and continue nonprofit service?
Vermont Judicial Ethics Opinion 2728-19 REVISED recommends that a former OCS attorney of record not sit on the affected cases indefinitely, disclose the prior employment in OCS cases for two years,…
May a bar association operate a lawyer referral service, and may it advertise that service to the public without violating the rules against advertising and stirring up litigation?
Yes, within limits. The committee concluded that a bar association may sponsor a lawyer referral service that meets stated minimum requirements, and that advertising aimed at educating the public…
May a bar association operate a lawyer referral service and advertise it without violating the canons against solicitation?
Yes, within limits. The committee concluded that a bar association may sponsor a properly organized lawyer referral service meeting stated minimum requirements, and that Canon 27 does not bar the…
What must a Missouri lawyer do when a flood destroys unsalvageable closed client files and items of intrinsic value?
The lawyer must identify the affected files, notify current and former clients, assist them as reasonably practicable, and dispose of ruined material confidentially. Electronic storage is allowed…
How may a Missouri lawyer replace a trust account after someone creates a fraudulent check on it while client checks remain outstanding?
The lawyer may secure the existing account for only authorized outstanding checks or transfer all funds, stop payment, notify clients, and reissue checks. Any approach must protect funds, preserve…
May a Missouri lawyer deposit a check into a trust account by sending a photograph through the bank's website or app?
Yes, if the bank provides reasonable transmission security and the lawyer keeps the detailed deposit and check records required by Rule 4-1.15.
What must a Missouri lawyer do when an assistant sends a client email to the wrong address at the lawyer's direction?
The lawyer must assess what confidential information was exposed, take reasonable remedial action, and disclose enough to the client for informed decisions. The contents may also trigger duties…
May Missouri lawyers form a law firm with a physician as a partner?
No. Rules 4-5.4(b) and (d) prohibit a nonlawyer partner, owner, director, equivalent officer, or controller of professional judgment in a for-profit law practice, although the physician may work as…
Must a Missouri lawyer withdraw when a current client files a disciplinary complaint against the lawyer?
Not automatically. The lawyer must assess whether the personal interest in refuting the complaint materially limits professional judgment; if so, withdrawal is required, but otherwise the…
May a Missouri lawyer submit a publicly filed client motion as a job-application writing sample?
Not without informed consent or effective removal of identifying information. Public filing does not remove Rule 4-1.6 protection; even with consent, the opinion calls for considering redactions,…
May a Missouri lawyer suspended for failing to file returns or pay taxes keep practicing while seeking reinstatement?
No. Even when Rule 5.28 makes a later reinstatement retroactive, the lawyer must follow Rule 5.27 after the suspension order and may not practice while suspended.
What Missouri license status must a retiring lawyer keep to represent family, friends, or pro bono clients?
The opinion requires active Category 1 status to represent family, friends, or pro bono clients. Inactive status permits none of that work; Rule 6.01(o) concerns an enrollment-fee waiver for…
When is former-client information generally known so a Missouri lawyer may use it to impeach the former client?
Public records and open-court disclosure alone are insufficient. The information must be recognizable to the public in the community or the former client's industry; even then it may be used…
What duties do Missouri lawyers have when sending or receiving electronic-document metadata?
A recipient who knows or reasonably should know metadata was sent inadvertently must promptly notify the sender. A sender must use reasonable care against revealing client information, but scrubbing…
Can a New Hampshire lawyer settling a fee or malpractice dispute require the client to promise not to file a professional conduct complaint?
No. The opinion concludes a lawyer may not condition settlement of a dispute with a client on the client's agreement not to file a professional conduct complaint, because the disciplinary rules…
Can a New Hampshire lawyer settling a case demand that opposing counsel not disclose publicly available information about the case?
No, where the term would restrict counsel's right to practice or the public's ability to find qualified counsel; Rule 5.6(b) bars both direct and indirect practice restrictions, though narrow…
What must a New Hampshire lawyer do after learning that a client gave false testimony to a court?
The lawyer must take reasonable remedial measures: first try to get the client to correct the false testimony, and if that fails, disclose the falsity to the tribunal, even over the confidentiality…
May D.C. judicial clerks publicly take sides on controversial issues or attend protests?
The D.C. Advisory Committee's memorandum says law clerks and interns may publicly affirm equality and nondiscrimination, but may not publicly take sides in controversies in ways that reasonably call…
If a lawyer also serves as a court clerk, what legal work can he do, and can he split fees with another lawyer on court matters?
The Committee held unanimously (7-0) that a lawyer who is the clerk of a court of record may do only office practice with no connection, direct or indirect, to court proceedings, and that dividing…
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.