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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Can a furloughed government lawyer defend her own agency against other employees' furlough complaints, and may she do so if she is also pursuing her own furlough complaint?
She may defend the agency from furlough complaints if she reasonably believes she can provide competent and diligent representation under Rule 1.7(b)(1), even though her own furlough creates a waivabl…
In an Illinois adoption case, must a lawyer serving as guardian ad litem get the petitioners' lawyer's consent before contacting the petitioners or the children?
Yes. A guardian ad litem in an adoption proceeding is treated as representing a client for purposes of Rule 4.2, so the GAL must obtain the petitioners' attorney's consent before interviewing the repr…
Can a lawyer join a for-profit company's co-op TV ad campaign that rotates incoming calls among participating lawyers?
Yes, if carefully structured. A rotation-based group TV ad with a for-profit company is the reasonable cost of advertising under Rule 7.2(c)(1), not a prohibited for-profit referral service, provided …
What must an Illinois lawyer do after learning a client submitted false material evidence in an administrative hearing?
The lawyer must try to get the client to correct or withdraw the false evidence, explaining that the lawyer may have to disclose it. If the client refuses, the lawyer should seek to withdraw, but with…
When a nonprofit pays into a lawyer's trust account to fund a client's representation, who owns and controls the money, and what must the lawyer tell the client?
The payor and client must sort out ownership between themselves; the lawyer must not arbitrate disputed funds. The lawyer decides how to apply the funds to the matter and cannot let the third-party pa…
Can a lawyer who owns a stake in and chairs a bank serve as city attorney for a municipality that banks there?
No. The lawyer's ownership and board role trigger the Rule 1.8(a) business-transaction safeguards, and the representation is a Rule 1.7(a)(2) material-limitation conflict. The opinion concludes the co…
Can a law firm rent space from a real estate agency to become a 'preferred attorney,' and jointly own a title insurance agency that splits premiums with the agency?
Yes to both. Renting office space at fair market terms to be a preferred attorney does not violate Rule 7.2(c), and a law firm may co-own a title insurance agency LLC with a real estate agency and spl…
Is it the unauthorized practice of law in Illinois for a nonlawyer to represent a party in a FINRA arbitration, and what must a lawyer-arbitrator do about it?
Generally yes. A nonlawyer representing a party in a typical FINRA arbitration is engaged in the unauthorized practice of law in Illinois, because the work (pleadings, discovery, briefs, examining wit…
Must appointed defense counsel personally pay an investigator for work the indigent-defense commission refused to cover?
No. Where the lawyer incurred no contractual obligation, the Rules of Professional Conduct do not require appointed counsel to supplement what the Commission on Indigent Defense pays; In re Jackson ad…
When a lawyer has represented a partnership and all its partners together and one partner sues another, may the lawyer take a side?
The lawyer has a conflict and ordinarily must withdraw from the failed common representation absent informed consent. Whether the lawyer may then represent the defending partner in the arbitration dep…
If a lawyer learns that another lawyer altered an email and offered it as evidence, must the lawyer report that to disciplinary authorities?
Yes. On these facts, a lawyer who knows another lawyer altered a document and offered the altered version to a tribunal must report it under Rule 8.3(b), because altering and presenting evidence raise…
Can an Illinois lawyer for an estate's executor agree that the executor will personally pay fees a probate court disallowed as excessive?
No. Under Rule 1.5(a) a lawyer may not agree to or collect a fee a probate court found unreasonable. If the court disallows part of the estate-attorney's fee as excessive, that portion is unreasonable…
When are a California lawyer's posts on Facebook, Twitter, or other social media subject to the rules governing attorney advertising?
Per California Formal Opinion 2012-186, a social-media post is subject to former Rule 1-400 if it is a 'communication' concerning the lawyer's availability for professional employment; routine status …
In settling a fee or malpractice dispute with a former client, what kinds of representations or agreements about not filing a State Bar complaint can a California lawyer ask for, and what is foreclosed by Business and Professions Code section 6090.5?
Per California Formal Opinion 2012-185, section 6090.5 bars seeking any written or oral client agreement not to file a State Bar complaint, and may also bar settlement recitations of the client's past…
Can a lawyer who regularly represents a lender also represent the buyer at residential closings when the lender pays most of the buyer's legal fee as a promotion?
No. The lawyer's regular lender relationship and the lender's payment of most of the buyer's fee create a Rule 1.7 conflict that is nonconsentable, because the lawyer cannot reasonably believe he coul…
Can a lawyer sell a flat-fee online letter-writing service, advertising that the letters are written by an attorney, without it being treated as legal services?
Only narrowly. A lawyer may offer such a service only if the letters' subject matter does not implicate legal rights, no legal services are rendered, and the website prominently disclaims any client-l…
Can a law firm scan incoming mail, destroy the paper originals, and keep only electronic copies?
Yes, with safeguards. A firm may destroy paper mail and keep electronic copies if it uses a reliable method to identify and retain the items that must be kept in original form, and protects confidenti…
What ethical duties does a lawyer appointed as standby counsel owe to a pro se party, and can the lawyer limit how much the pro se party can demand?
The duties scale with the role. An inactive standby lawyer treats the pro se party like a prospective client under Rule 1.18; if invited to participate, the lawyer may limit the scope under Rule 1.2(c…
What does an Ohio lawyer have to do when a client takes a non-recourse litigation cash advance from a litigation-finance company?
The opinion concluded that Ohio lawyers may inform clients of non-recourse civil litigation advances offered by alternative litigation finance (ALF) providers and regulated by R.C. 1349.55. If a clien…
How may a California lawyer publicly respond to a former client's online review accusing the lawyer of incompetence or overcharging, when no confidential information has been disclosed and no litigation is pending?
The lawyer may publicly respond if the rebuttal discloses no confidential information, does not injure the former client in matters relating to the prior representation, and is proportionate and restr…
Can a New York lawyer use a firm name built from her conjoined initials plus a phrase like 'The Business Dispute Clinic'?
No. A firm name made by conjoining the lawyer's initials with an abbreviation of her surname is a prohibited trade name, and 'The Business Dispute Clinic' cannot be part of the firm name, though it ma…
Does a lawyer have a duty to scrub confidential metadata from electronic documents, and is it unethical to mine metadata from a document received from another lawyer?
The opinion concludes a lawyer has an affirmative duty under MRPC 1.6 to take reasonable precautions so confidential metadata is not inadvertently disclosed, and that actively mining for confidential …
In Kentucky, can a criminal defense lawyer advise a client to accept a plea deal that waives the right to claim ineffective assistance of counsel, and can a prosecutor offer one?
No to both. The opinion concluded that advising a client on a plea waiver of ineffective-assistance claims creates a non-waivable conflict of interest for defense counsel, and that a prosecutor who pr…
Can a Kentucky lawyer look at or access the Facebook or other social media account of an opposing party, witness, or juror to gather information for a client's case?
Yes, as long as the conduct does not break the existing rules. The opinion concluded a lawyer may use a third person's social network site to benefit a client, but may not use deception to gain access…
What must a Virginia lawyer do with settlement funds when a third party such as a medical provider or insurer claims a lien on them?
The lawyer must safeguard funds a third party is actually entitled to (by statute, lien, court order, or a client-signed assignment) and cannot unilaterally release disputed funds to the client. A mer…
Can a Virginia prosecutor dismiss criminal charges in exchange for the defendant releasing civil claims arising from the arrest or prosecution?
Yes, there is no per se ban, but only while probable cause supports the charge. A prosecutor may not maintain a charge that lacks probable cause to extract a release, and may not bring or trump up cha…
Can a New York law firm buy a mailing list to offer recipients a free educational newsletter and seminars?
Yes. Buying a list to email an opt-in offer for an educational newsletter and seminars is permissible, because educational programs not primarily about the firm are neither advertising nor solicitatio…
Can two solo New York lawyers, each practicing as a PLLC, form a law firm by creating a joint venture of their PLLCs?
Yes, on the facts given. Two PLLCs may create a joint venture that functions as a law firm, using a name that discloses the joint-venture relationship; the venture is a 'firm,' which matters for confl…
Can a New York lawyer pay settlement proceeds to a third party at the client's request instead of to the client directly?
Yes. Rule 1.15(c)(4) does not prevent a lawyer from distributing settlement funds to a third person when the client clearly directs it; the lawyer should tell the client the third party will then cont…
Must a New York lawyer disclose that the client has been secretly reading the opposing party's privileged emails?
Generally no. The lawyer's knowledge is confidential under Rule 1.6, and absent an exception (the client is committing a crime or fraud that only disclosure can prevent, or other law requires it) the …
Must a Michigan judge recuse when one of the lawyers in a case is running for the judge's own seat in the upcoming election?
No, the judge is not per se disqualified, but should disclose that the advocate is a candidate for the judge's seat and may proceed unless a timely disqualification motion is granted; no disclosure is…
Can a law firm's non-attorney employee put a J.D. degree or the title 'Legal Project Manager' on a firm business card?
Only if the card makes clear the employee is not admitted to practice law. Listing a J.D. or a title like 'Legal Project Manager' may imply the person is a lawyer, so the card must expressly disclose …
Can a New York lawyer take client referrals from a non-lawyer firm and be paid an undisclosed cut of the flat fee the client pays that firm?
No. A lawyer may not accept referrals where the legal fee, in an amount never disclosed to the client, is taken from the fee the client pays a non-lawyer firm; that violates the duty to communicate fe…
Can a lawyer refer clients to a third-party lender that auto-debits the client's account to pay the lawyer's fees and waives the client's defenses?
The opinion concluded that a lawyer may not participate in such a lending scheme: it is the provision of financial assistance to a client barred by MRPC 1.8(e), it is a business transaction giving the…
Can a lawyer for a closely held company also represent the majority owners against a minority owner?
It depends on the facts. The opinion concludes representing the organization does not by itself mean representing its owners, but a conflict arises if the lawyer's prior dealings made an owner reasona…
Can a North Carolina lawyer accept or request a client recommendation on a professional networking site like LinkedIn?
Yes, with limits. The opinion concludes a lawyer who controls his profile may accept a client recommendation only if it complies with the advertising rules and 2012 FEO 1: it must avoid creating unjus…
Can a North Carolina lawyer use a leased shared-office address or a P.O. box as the office address on letterhead and advertising?
Yes, within limits. The opinion concludes a lawyer may put a leased time-shared office address on letterhead and ads so long as the communication is not misleading about the firm's actual presence in …
Must a North Carolina lawyer avoid emailing a client through the client's employer's system, and may the employer's lawyer read employee-counsel emails the employer recovered?
A lawyer must avoid communicating with a client over the client's employer's email system if the employer might find and read the messages, because confidentiality is broader than privilege. The emplo…
In Colorado, can a lawyer act as trial advocate when the lawyer or a lawyer in the same firm is likely to be a witness, and can a party subpoena opposing counsel as a witness?
The opinion concludes that a lawyer who is likely to be a necessary witness generally may not also act as advocate at trial unless a Rule 3.7(a) exception applies (uncontested issue, value of legal se…
Can a lawyer serve as attorney for a child when the lawyer's spouse, a public defender, represents another party in the case?
Yes, unless the circumstances create a Rule 1.7(a)(2) personal-interest or Rule 1.10(h) spousal conflict and the child has no representative who can consent to it. A child cannot consent to the confli…
Can a New York lawyer store client data on off-site backup tapes, and can electronic copies satisfy the record-retention rules?
Yes to off-site backup tapes if the lawyer takes reasonable care to protect confidentiality. Whether electronic copies suffice depends on the record: some items (such as bank statements and canceled c…
Can solo lawyers who share office space also share one computer for confidential client information if they have separate passwords?
Yes, if they take reasonable care. Office-sharing solo lawyers may use a shared computer for client confidences only if the actual security measures, including password systems and their use, reasonab…
My client is indigent, has moved out of state, and can't afford to travel back for court dates in her D.C.Y.F. and divorce cases. Can I pay for her transportation without violating the rules on giving clients money?
Yes, if the client is indigent. The panel held that Rule 1.8(e) permits the inquiring attorney to pay an indigent out-of-state client's transportation costs to attend court hearings in her D.C.Y.F. ma…
Can lawyers who own a separate nonlegal business buy marketing leads for that business, even though their law firm could not buy leads for itself?
Yes, if the nonlegal entity has no lawyers, operates wholly separately from the firm, and discloses in writing that it provides no legal services. The firm is then not subject to the rules for that en…
Can a law firm put logo-branded promotional gifts in a hospital's welcome package for all patients?
Yes. A firm may include logo-branded items like pens or calendars in a hospital welcome package for all patients; gifts marked only with the firm's name and contact information are not advertising, so…
Can a Texas lawyer help a client pay the client's former lawyer to testify as a fact or expert witness in a civil case?
Per the Committee, yes. Rule 3.04(b)(2) lets the lawyer cooperate in paying the former lawyer reasonable compensation for loss of time as a fact witness, and Rule 3.04(b)(3) allows a reasonable fee fo…
Can an in-house lawyer use the company's confidential information to support her own discrimination or retaliatory-discharge claim against the employer?
The opinion concludes that an in-house lawyer may not disclose or use the employer/client's confidences or secrets offensively to support her own claim for employment discrimination or retaliatory dis…
Can a plaintiff's lawyer contact the insurance adjuster directly when the defendant is represented by a lawyer the insurer hired?
Yes, unless the plaintiff's lawyer knows that the defense lawyer also represents the insurer. Rule 4.2 bars contact only with a represented person, and the insurer is not presumed to be a client of th…
Can a firm list a departing former name partner as 'Special Counsel' on its letterhead, and what does that title do to conflicts?
Only if the departing lawyer is actually available to the firm for consultation on a regular and continuing basis. If the title fits, the lawyer is 'associated' with the firm and his conflicts are imp…
Can a district attorney prepare an expungement petition for a person, as a statute requires, without creating a conflict of interest with the State?
Formal Ethics Opinion 2012-F-155 concludes that a district attorney may prepare expungement petitions as the statute requires only by avoiding the formation of an attorney-client relationship with the…
Can a Florida lawyer let a paralegal use the lawyer's e-filing portal log-in to file court documents?
Yes. A lawyer may give E-Portal credentials to a trusted, supervised nonlawyer to file documents the lawyer has reviewed and approved; the lawyer stays responsible for the filing, should monitor porta…
Can a public defender or assistant public defender keep a separate private practice in the same Criminal Court where they appear for the office?
Yes. A public defender or assistant public defender may represent private clients in a separate practice in the same Criminal Court where they appear in their public capacity, provided conflict-of-int…
Can a West Virginia lawyer store client files electronically, including with an off-site or cloud provider, and what must the lawyer do to protect them?
Yes. The Board concludes electronic storage of client files is permissible under the Rules of Professional Conduct, provided the lawyer uses due diligence to protect the client's confidentiality, the …
I used to supervise other legal-services attorneys, and now that I'm in private practice, am I automatically conflicted out of any case involving a client one of my former subordinates once represented?
Not automatically. The panel held Rule 1.9(b) bars representing a person in the same or a substantially related matter in which a supervised attorney represented a materially adverse client only where…
Can a New York law firm pay an of-counsel lawyer's compensation to a Subchapter S corporation that a non-lawyer spouse partly owns?
Not as compensation for legal services, because a professional service corporation organized to practice law cannot have non-lawyer shareholders. The firm may pay that corporation as a third party at …
Can a New York lawyer run a law practice and a real estate brokerage from the same office and market them together?
Yes; the lawyer may operate both from one office and send joint mailings as long as the marketing is truthful and not misleading, but may not serve as both lawyer and broker in the same real estate tr…
Can a New York lawyer put a photo on a business card and list recommended plumbers, realtors, or accountants on it?
Yes; a photo of the lawyer is permitted (an actor portraying a lawyer must be disclosed), and the lawyer may list recommended service providers if a disclaimer makes clear there is no affiliation or r…
Can a New York solo practitioner who employs a paralegal name the firm 'Smith and Associates'?
No. Because the solo has no other lawyers, 'and Associates' would falsely suggest the firm includes additional lawyers; the opinion finds it misleading under Rules 7.5(b) and (c) and 8.4(c).
Can a nonprofit legal services organization use 'Project' or 'Law Center' in its name under the New York rules?
Yes; a qualified legal assistance organization may use 'Law Center,' and may use 'Project' if the name otherwise signals the group's law-related work and is not otherwise misleading.
Can a New York lawyer team up with an insurance agency to offer clients a combined legal-and-nonlegal service package?
No, not as an exclusive ongoing arrangement. The opinion holds Rule 5.8 bars a systematic cooperative legal/non-legal venture with a provider whose profession is not on the Appellate Divisions' approv…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Persuasive authority: Not binding like court discipline decisions, but state bar formal opinions carry substantial weight.
- 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.