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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A bankruptcy trustee accuses me of malpractice in a concluded case, but has filed no suit, and my client wants me to keep representing him. Do I have a personal-interest conflict that forces me to withdraw?
The panel concluded no conflict of interest exists under these facts. A bare malpractice allegation from a third party (the bankruptcy trustee), with no suit or action filed, does not create the kind …
My client claims my firm missed a filing deadline and wants to settle the malpractice claim for money plus finishing the other case for free. Can we accept that settlement under the ethics rules?
The panel concluded the proposed settlement comports with the Rules of Professional Conduct. Rule 1.8(h)(2) permits a lawyer to settle a malpractice claim with a client or former client only if the pe…
When an Illinois personal-injury lawyer is appointed under 11 U.S.C. § 327(e) as special counsel to a Chapter 13 trustee to prosecute the lawyer's former client's uninsured-motorist claim, and the former client then fires the lawyer, must the lawyer withdraw?
The opinion concludes no. Because the claim became property of the bankruptcy estate under 11 U.S.C. § 541(a), the former client's interests are not adverse to the estate under Rule 1.9(a), and the la…
Can a law firm agree to conditions a government demands that would limit or shape its practice, and what ethics rules does that implicate?
The opinion concludes that such agreements must be examined under the D.C. Rules for conflicts of interest in current or future matters adverse to that government (Rule 1.7), improper restrictions on …
Can a New York lawyer ask former clients to write Google reviews and offer them a small gift for doing so?
The committee concluded a lawyer may ask a former client to write a Google review and may offer a nominal gift, provided the lawyer does not draft the review or condition the gift on its content, and …
Can a lawyer at a firm that represents municipalities also take court appointments as assigned counsel for indigent criminal defendants?
The committee concluded the lawyer may accept assigned-counsel appointments if he complies with the conflict rules; where the firm represents a municipality that is or was a party to a potential assig…
Can a lawyer respond to a former client's negative online review using information about the representation, if that information is in public court filings or the client revealed it in the review?
No. The opinion concludes that information relating to a representation stays confidential under MRPC 1.6 even when it appears in public court filings or the client disclosed it in the review, and the…
Can New York lawyers pay a referral fee to a partner who is licensed only in a foreign country, and must they supervise that partner's New York-related conduct?
The committee concluded that lawyers associated in the same firm may divide fees with a foreign-licensed partner under Rule 1.5(g), but the New York-admitted lawyers must supervise that partner under …
When does a New York lawyer's strongly held personal, religious, political, or moral view create a Rule 1.7(a)(2) personal-interest conflict that requires the lawyer to decline or withdraw from a representation?
The opinion concludes such conflicts are rare; the Rules presume lawyers cultivate detachment and can subordinate personal views. A Rule 1.7(a)(2) conflict arises only when the lawyer subjectively con…
Can a New York lawyer who owns part of a title agency represent a client in a real estate deal while the agency also acts as title agent in the same deal?
The committee concluded the lawyer may not do both in the same transaction unless the lawyer's role at the title agency is purely ministerial and involves no negotiation for the underwriter; whether t…
Can a lawyer propose or agree to a settlement non-disparagement clause that binds opposing counsel from saying anything negative about the other side?
No. The opinion concludes that Rule 5.6(b) bars a lawyer from participating in offering, or from making, a settlement of a client controversy that includes a non-disparagement clause restricting a law…
I'm a real estate development expert who testifies before zoning and planning boards. Can I be both the expert witness and the advocate for clients in the same matters if I use separate LLCs?
The panel concluded the attorney may not serve as an expert witness in the same real estate development matters in which he or she represents clients as an advocate, nor vice versa. The zoning and pla…
Can a Utah lawyer pay referral fees to other lawyers or to non-lawyers, including clients, after the 2020 rule changes?
Yes, with conditions. The opinion concludes that after the 2020 repeal of former Rule 7.2(f) the Utah rules contain no per se prohibition on paying or receiving referral fees, including to clients or …
If a New York lawyer signs a contract (engagement letter, outside-counsel guideline, or employment policy) that purports to limit the lawyer's Rules-granted discretion, is the lawyer ethically bound by that contract?
The opinion concludes that lawyer and client cannot alter the Rules by agreement; a New York lawyer always retains the discretion the Rules grant, even where exercising it would breach a contract. Ent…
May a New York law firm's partnership or employment agreement impose forfeitable bonuses, conditional loan forgiveness, deferred compensation, or capital deductions that, in effect, discourage a departing lawyer from competing with the firm?
Per the opinion, no. The committee holds that Rule 5.6(a)(1) prohibits not only express anti-competition provisions but also facially neutral discretionary financial terms whose actual effect is to de…
When a lawyer's own prior work for a client becomes an issue in later litigation, can the lawyer keep representing that client or must the lawyer step aside?
The opinion concludes that a personal-interest conflict under Rule 1.7(b)(4) can arise when the lawyer's prior work is at issue; the lawyer may continue only on a reasonable belief that she can provid…
What are a volunteer lawyer's ethical duties when giving free legal help at a self-help center, Access to Justice Room, or Law Day table?
The opinion concludes that volunteer attorneys at self-help centers, Access to Justice Rooms, and Law Day events must follow the Hawaii Rules: tell people the scope is limited (HRPC 1.2(c) and 7.1), k…
Can North Carolina lawyers, or a lawyer serving as mediator, agree to a settlement term that prohibits the parties from filing a State Bar grievance against the lawyers?
No. A lawyer may not suggest, demand, or agree to a settlement term barring a grievance against the lawyers, and a lawyer serving as a mediator may not draft, transmit, or otherwise help include such …
I hold my client's settlement money in IOLTA, and a third party claims part of it under a promissory note my client says is forged. What must I do with the disputed funds?
The panel concluded the attorney must notify the claimant (the mother) that he or she holds the claimed amount but lacks the client's (the daughter's) authority to disburse it, then transfer the undis…
A mortgage broker I do real estate work for wants me to be its resident agent, endorsing and disbursing insurance checks. Do the ethics rules let me take that role?
The panel concluded the attorney may become the Broker's resident agent, subject to the Rules of Professional Conduct. Serving as resident agent (receiving and endorsing insurance checks and disbursin…
Does a lawyer violate the ethics rules by striking jurors based on race or another protected trait during jury selection?
When the strike is unlawful, yes. The opinion holds that exercising peremptory challenges the lawyer knows or reasonably should know are unlawfully discriminatory (a Batson violation) is not 'legitima…
Can a lawyer at a nonprofit immigration clinic share a client's intake information with the nonlawyer staff of an affiliated shelter?
Only on conditions. The opinion concludes a New York lawyer at an immigration clinic may not share information from the representation with a shelter's nonlawyer staff unless the information is not pr…
A law firm trains me and helps on my cases, though we share no office or letterhead. Can I put that firm on my nonprofit's conflict-referral list?
The panel concluded the inquiring attorney may not refer conflicted prospective clients to the Firm unless the training relationship is terminated or affected clients give informed written consent. Th…
Can a lawyer advise or represent a client about work the lawyer or the lawyer's firm did earlier for that client, such as a contract they drafted, and when does the lawyer's own interest create a conflict?
The committee concluded that a lawyer generally may advise and represent a client about the lawyer's or the firm's prior work, but the lawyer must be alert to the possibility that self-interest in avo…
May a New York lawyer who is, or whose client is, legally immune (judges, prosecutors, legislators, diplomats, the President) deviate from the New York Rules of Professional Conduct in conduct that is illegal or fraudulent?
Per the opinion, no. The committee concludes that the Rules make no exception for lawyers or clients with legal immunity. Acts that are 'illegal' or 'fraudulent' do not become innocent because the per…
Can a California lawyer charge a former client for the lawyer's own time and out-of-pocket attorney's fees spent collecting unpaid fees from that former client?
Only if a written, enforceable fee agreement contains a prevailing-party fee-shifting provision and the dispute is not in MFAA arbitration; otherwise the American rule and Trope v. Katz bar both items…
When a California client discharges a contingent-fee lawyer and successor counsel settles the case, what must the predecessor lawyer do to substantiate its quantum-meruit fee lien, and how must trust funds be handled while the lien is in dispute?
The opinion concludes that the predecessor lawyer owes a continuing fiduciary duty to the former client and must promptly quantify the quantum-meruit lien (with reconstructed time records or other rea…
I sit on the board of a nonprofit that is being sued, and I want to represent it in the litigation. Do the ethics rules let me serve as both director and its lawyer?
The panel concluded the inquiring attorney is not prohibited from representing the Entity, provided he or she reasonably believes the representation will not be materially limited by the dual role, or…
I moved firms and want to sue a school district that is my old firm's client, but I never worked on its matters there. Does Rule 1.9 disqualify me?
The panel concluded the inquiring attorney may represent the client without the former firm's consent. Rule 1.9(b) disqualifies a migrating lawyer only when the matter is the same or substantially rel…
May a Texas lawyer agree to be personally bound by a non-disparagement clause or a marketing-use non-disclosure clause in a client's settlement agreement?
The Committee concludes that under Texas Disciplinary Rule 5.06(b) a lawyer may not be a party to a non-disparagement clause that restricts statements the lawyer might make in the practice of law, and…
May in-house counsel for a for-profit company owned by nonlawyers provide legal services to the company's customers if the customers pay only the company's 'actual cost' of employing the lawyer?
The Committee concludes the arrangement is prohibited because the company would be engaging in the unauthorized practice of law and its in-house counsel would be assisting it in violation of Rule 5.05…
When a North Carolina lawyer leaves a firm, must affected clients be notified, and can the firm withhold the clients' contact information from the departing lawyer?
Yes, clients affected by the departure must be notified, and the departing lawyer and firm share that duty. The firm may not restrict the departing lawyer's access to affected clients' contact informa…
What must an Alaska lawyer do to protect a client trust account from fake-check and wire-fraud scams before disbursing funds?
The opinion concludes that the duties of competence, diligence, and safekeeping require a lawyer to recognize the red flags of trust-account scams and to take all reasonable steps to confirm that fund…
Can an Alaska lawyer use generative AI tools like ChatGPT in a law practice, and what ethics rules apply?
Yes. The opinion concludes that Alaska lawyers may use generative AI, but only if they understand the tool's limits, verify its output, protect client confidences and secrets, keep fees reasonable, an…
When a lawyer leaves a Wisconsin law firm, what do the lawyer and the firm owe to the clients the lawyer was handling?
The opinion concludes that when a lawyer leaves a firm both the lawyer and the firm must protect affected clients, principally the client's right to choose counsel and to receive competent, diligent r…
Can a lawyer make a payment from the client trust account through an online portal like Pay.gov instead of by check?
Yes, with the client's prior written approval. The opinion concludes that an online payment through Pay.gov is a 'bank transfer' within Rule 1.15(e), so a lawyer may make an otherwise-proper trust-acc…
Can a Wisconsin lawyer who will be a necessary witness also serve as the advocate at the same trial?
Generally no. The opinion concludes that under SCR 20:3.7 a lawyer who is likely to be a necessary witness may not act as advocate at the same trial unless an exception applies, and because the rule p…
Must a New York-admitted government lawyer (DOJ or other federal, state, or local agency) comply with the New York Rules of Professional Conduct even when doing so requires disobeying a superior's directive?
Per the opinion, yes. The committee concludes that the Rules apply to all New York lawyers, including government lawyers. A government lawyer's discretion to refuse a superior's directive that would r…
Can an Ohio lawyer take a mortgage on a client's home to secure payment of legal fees?
Yes. A lawyer may secure unpaid fees with a mortgage on a client's real property, but only if the arrangement satisfies Prof.Cond.R. 1.8(a): fair and reasonable terms, written notice of the chance to …
Can a lawyer reveal in an affidavit of disqualification that a disciplinary grievance was filed against the judge?
No. Under Ohio Gov.Bar R. V(8) a lawyer may not disclose in an affidavit of disqualification that the lawyer or client filed a grievance against the judge unless the Board has certified it as a formal…
Can a lawyer be both the named plaintiff (class representative) and class counsel in a class action?
The Rules do not bar a lawyer from proceeding pro se while representing aligned co-parties, but whether a lawyer may be both class representative and class counsel is governed by class action law, not…
When can a lawyer voluntarily withdraw from a client's matter for the lawyer's own reasons without violating the ethics rules?
Under Rule 1.16(b)(1) a lawyer may withdraw for any reason, even to take on an adverse client, so long as withdrawal causes no material adverse effect on the client's interests in the matter. The opin…
When a Tennessee lawyer provides limited scope (unbundled) representation to a self-represented client in a court case, must the lawyer file a notice of the limited representation with the court?
Formal Ethics Opinion 2025-F-172, since withdrawn by the Board, stated that a Tennessee lawyer providing limited scope representation to an otherwise unrepresented party before a tribunal must file an…
Can a Tennessee lawyer agree to a settlement non-disparagement clause that makes the lawyer a party and limits future use of information learned in the case?
No. Tennessee Formal Ethics Opinion 2025-F-171 concludes it is improper for a lawyer to propose or accept a settlement provision that makes the lawyer a party bound by a non-disparagement clause restr…
One of the lawyers who shares my letterhead is a part-time assistant town solicitor who prosecutes for the town. Can I still defend a client charged by that town's police if that lawyer is screened off?
The panel concluded the inquiring attorney is not precluded from representing the client. Because the lawyers shared letterhead, address, and email domain, they were a firm under Rule 1.0(c), so the a…
My firm wants to distribute a publication advertising our services that also carries ads for our non-lawyer business partners (financial planners, realtors, in-home care, and the like). Does including those partner ads violate the advertising rules?
No. The panel held that including non-lawyer business-partner advertisements in the firm's publication does not violate Rules 7.1 through 7.5, because the partner ads contained no false or misleading …
Can a lawyer report a client to the police when the client commits a crime against the lawyer, even though the lawyer owes the client a duty of confidentiality?
Yes. The opinion finds an implicit exception to Rule 1.6 that lets a lawyer who is the victim of a client's crime, or who witnesses a client's crime against the lawyer's staff or family, disclose info…
Does a Nevada-licensed attorney who serves as a company's CEO, not its lawyer, violate Rule 4.2 by contacting a represented opposing party?
No, on these facts. The Committee concludes that a Nevada-licensed attorney who serves only as an organization's CEO, and does not represent it or any client in the matter, is not 'representing a clie…
I've been referred a client to appear before a Supreme Court board, but my law partner is a sitting member of that board. If my partner recuses from the matter, is screened off, and takes no fee, can I still take the representation?
Yes. The panel held that although the partner's board membership creates a nonconsentable Rule 1.7 conflict that would ordinarily be imputed to the inquiring attorney under Rule 1.10(a), the partner's…
Can a lawyer pay people who refer clients a flat fee for 'administrative' work, like filling out and filing forms, on each referred matter?
No. The opinion concludes that promising a nonlawyer referrer paid administrative work for each referred matter is a thing of 'value' given as compensation or a reward for the referral, which violates…
What must a Colorado criminal defense lawyer do when a client hands over a gun, money, a phone, or other incriminating physical or digital evidence?
The opinion concludes that a lawyer who takes possession of incriminating physical or digital evidence has an affirmative duty under Rule 3.4(a) and Colorado criminal law to surrender it to the author…
Must a prosecutor disclose a past romantic relationship with a police witness who may testify in one of her cases?
Yes, when the relationship could be used to impeach the witness. The opinion concludes Rule 3.8(b) requires a prosecutor to timely disclose a past romantic relationship with a law enforcement witness …
May a Texas lawyer pay a nonlawyer-owned support services vendor based on a percentage of the lawyer's or firm's revenues, and may the lawyer own equity in that vendor?
Per the Committee, paying a vendor a percentage of the firm's revenues is impermissible fee sharing under Rule 5.04(a); equity investment in a nonlawyer-owned vendor that does not itself engage in the…
What ethical duties under the Texas Disciplinary Rules of Professional Conduct does a lawyer carry when using generative AI in practice?
Per the Committee, a Texas lawyer using generative AI must satisfy technological-competence duties under Rule 1.01, protect confidential client information under Rule 1.05 (which may require client co…
May a Texas lawyer practicing in Texas join a D.C. law firm partnership that includes a nonlawyer partner permitted under D.C. Rule 5.4(b)?
The Committee concludes the Texas lawyer may not join such a firm: Texas Rule 5.04(b) and 5.04(d) prohibit a Texas-licensed lawyer practicing in Texas from being part of a firm that includes a nonlawy…
May an Illinois lawyer affiliate with a for-profit client referral service that charges clients a fixed fee, splits the fee with the lawyer, offers a money-back guarantee, uses non-attorney actors in ads, and requires lawyer-client communications on its monitored online platform?
The opinion concludes no. The money-back guarantee is a prohibited paid recommendation (Rule 7.2(a)) and misleads about the lawyer's services (Rule 7.1); the lawyer-service fee split violates Rule 5.4…
Can a lawyer not licensed in Illinois represent an Illinois business on transactional and IP matters, and does associating with an Illinois lawyer cure any UPL concern?
The opinion concludes that a non-Illinois lawyer may advise an Illinois business under Rule 5.5(c) if one of its temporary-practice exceptions applies (notably 5.5(c)(1)'s association with an actively…
Can a North Carolina estate planning lawyer put a clause in the engagement agreement requiring the client's estate to pay the lawyer's fees for responding to subpoenas, discovery, or testimony about the estate plan?
Not as drafted. A broad clause billing the estate for any future testimony is too vague and clearly excessive, but a narrow, capped, clearly disclosed, and consented version is permitted.
Can a Georgia lawyer supervise a real estate closing by video conference instead of attending in person?
Yes. A lawyer may close a real estate transaction by video conference so long as the lawyer controls the closing process from beginning to end and does not use remote attendance to delegate the lawyer…
How do conflict-of-interest and confidentiality rules apply to a Wisconsin guardian ad litem who represents a ward's best interests rather than the ward personally?
The opinion concludes that a guardian ad litem (who must be a lawyer in Wisconsin) has a client for disciplinary purposes, the 'best interests' of the ward, and analyzes conflicts under SCRs 20:1.7, 1…
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.