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 Texas lawyer report an opposing party's or witness's possible crime that the lawyer learned about while representing a client, and must the lawyer do so?
The rules do not require it. The Committee concludes a lawyer may report such activity, assuming it is not contrary to the client's interests and does not misuse client confidences, unless the only su…
In a Texas DTPA case, can a lawyer use a normal contingent fee agreement even when the client ends up keeping part of the statutory attorneys' fee award?
Yes. The Committee concludes that because a DTPA attorneys' fee award belongs to the client, not the lawyer, a contingent fee that leaves the client part of that award is not improper fee-sharing with…
Does a lawyer's past participation in a joint defense group disqualify the lawyer (or the firm) from later taking a matter adverse to a group member?
The opinion concludes that a joint defense agreement does not make other group members the lawyer's clients, so it creates no former-client conflict under Rule 1.9. But the lawyer may take on contract…
If a client committed fraud on a court before New York's new Rules took effect on April 1, 2009, does the lawyer's duty to disclose follow the old Code or the new Rule 3.3?
The old Code. The committee concludes that when the client's fraud occurred before April 1, 2009, the lawyer's disclosure obligation is governed by former DR 7-102(B)(1), which did not permit disclosu…
Could an Ohio judicial candidate say 'Democratic Party Endorsed' or 'Republican Party Endorsed' on campaign billboards and yard signs?
The opinion concluded that throughout a campaign a judicial candidate could truthfully state in person or in advertising that he or she was endorsed by or a nominee of a political party, provided the …
Can a newly appointed magistrate keep serving out a term as an elected city council member?
The opinion concluded that it was improper under the Ohio Code of Judicial Conduct for a newly appointed full-time or part-time domestic relations magistrate to continue serving out a term as an elect…
Can an Ohio lawyer outsource legal or support services to lawyers or nonlawyers, domestically or abroad, and what does the lawyer owe the client?
The opinion concluded that the Ohio Rules of Professional Conduct do not prohibit outsourcing legal or support services, directly or through a service provider, but require the lawyer to disclose the …
Can a Utah lawyer represent a homeowners association against a property manager who refers business to the lawyer?
Representing an association in matters not adverse to the manager raises no conflict and needs no disclosure, but suing or negotiating against the manager creates a personal-interest conflict under Ru…
In a medical malpractice case, can I run a newspaper ad asking the defendant physician's other patients to contact me about whether they filled out a patient-history questionnaire, without complying with the lawyer-advertising rules?
Yes. The panel held that a newspaper advertisement seeking factual information from other patients about the physician's use of patient-history questionnaires is neither a solicitation of professional…
A group of lawyers and mental health professionals want to form a not-for-profit together offering psychological services, co-parenting mediation, and guardian ad litem representation in family cases. Does Rule 5.4 allow this?
No. The panel held that serving as a guardian ad litem is the practice of law, and a multidisciplinary business combining that practice with mental-health and mediation services provided jointly with …
Can a real estate lawyer let a title insurer audit the lawyer's trust account, and can the lawyer use an outside reconciliation service?
Yes, within limits. The opinion concludes a lawyer may voluntarily permit a title insurer to audit a trust account used solely for real estate closings, but only for transactions the insurer insured, …
Can a lawyer who serves as a bankruptcy trustee contact a debtor who has a lawyer, without going through that lawyer?
It depends on the lawyer's role. The committee concluded that Rule 4.2 applies only when a lawyer is representing a client, so a lawyer acting solely as a bankruptcy trustee (not as legal counsel for …
Must a lawyer share information about a criminal client's case with the client's court-appointed guardian when the client objects?
The committee concluded that, because a court had given the guardian full authority over the client's legal matters, the lawyer does have an obligation to communicate with the guardian even over the c…
Can a New Jersey lawyer partner with, share fees with, or take referrals from a for-profit loan or mortgage modification company?
No to partnering or fee-sharing. The Committee concludes a New Jersey lawyer may not pay referral fees to, share fees with, work as in-house counsel for, or partner with a for-profit loan modification…
Can a Florida lawyer who is a retired or former judge use the title 'Judge' on letterhead, business cards, or in advertising?
No. A retired judge who is actively practicing law may not use 'Judge' as a title, even when paired with 'former' or 'retired,' because it is misleading and may imply improper influence; the lawyer ma…
Can a lawyer collect a client's auto med-pay insurance proceeds, hold them in trust, and negotiate down the medical provider's bill before paying it?
The Committee concluded that yes, the Nevada rules do not prohibit a lawyer from obtaining a client's medical-payment coverage monies under an auto policy, holding them in trust until the end of the c…
What kinds of client information does Rule 1.6 stop a lawyer from disclosing?
The Committee concluded that Rule 1.6(a) protects ALL information relating to the representation of a client, not just secrets, confidences, or privileged communications. The duty applies whatever the…
Can a lawyer draft pleadings or otherwise substantially help a litigant who appears 'pro se' without telling the court the lawyer is involved?
The Committee concluded that 'ghost-lawyering', giving substantial legal assistance to a party who appears pro se while knowing the help will not be disclosed, is unethical unless the ghost-lawyer's a…
Can a bar's ethics counsel direct an investigator to pose as a client in a sting to catch someone engaged in the unauthorized practice of law?
The committee concludes that bar staff counsel may direct an investigator or volunteer to use covert, deceptive tactics to investigate the unauthorized practice of law where no other reasonable means …
May a California lawyer and client agree to a contingency fee calculated as a percentage of the combined damages plus court-awarded statutory attorney's fees in a fee-shifting case?
Yes. A retainer that defines gross recovery to include statutory fees and then takes a percentage of the whole is not fee splitting with a non-lawyer under former Rule 1-320(A), because the statutory …
What are a California lawyer's ethical duties when serving as outside counsel for a corporate debt-collection business whose nonlawyer staff drafts the pleadings and processes the collection cases?
The lawyer must actively supervise rather than rubber-stamp; failure to do so aids unauthorized practice of law under former Rule 1-300, and seeking attorney's fees for nonlawyer work without truthful…
Can a lawyer be listed as 'General Counsel' on a client company's letterhead and sign letters that way?
The opinion concluded that a lawyer or law firm may be listed as 'General Counsel' on a client organization's letterhead, and may sign correspondence that way, if the lawyer represents the organizatio…
After mediating a divorce, can the lawyer-mediator draft the petitions and decree for the parties to file?
The opinion concluded that after a domestic relations mediation, a lawyer-mediator may not, under Prof. Cond. R. 1.7(c)(2), prepare the legal documents for both parties, but may prepare them for one p…
Can a county prosecutor represent two county officials or entities at once when they disagree, or when one sues the other?
The opinion concluded that a county prosecuting attorney may represent multiple statutory clients in negotiating a contract or memorandum of understanding unless a Rule 1.7(a) conflict exists that can…
Can a New York lawyer contact lay organizations to offer to speak to them about legal topics, and do the advertising and solicitation rules apply?
Yes, a lawyer may contact lay organizations to offer to speak on legal topics. But if the communication is made expressly to encourage the audience to retain the lawyer or firm, it becomes an advertis…
I represent clients in a real estate lawsuit against a couple. Separately, I'm being asked to represent other individuals who may end up bringing a class action over legislation, and that couple would be unnamed members of that class. Is that a conflict?
No. The panel held it is not a Rule 1.7 conflict of interest to represent individuals who may become plaintiffs in an eventual class action where two unnamed members of that class are adverse parties …
Can a West Virginia law firm organize another law firm as its wholly-owned subsidiary, and how must the two firms hold themselves out and check conflicts?
Yes. The opinion concludes the Rules of Professional Conduct accommodate a wholly-owned subsidiary law firm, provided the firm complies with Rule 5.7 and West Virginia statutes; both firms must disclo…
What must a Florida criminal defense lawyer do when a client is proceeding under a false name?
If the lawyer learns before agreeing to represent the defendant that the client is using a false name and cannot persuade the client to correct it, the lawyer must decline. If the lawyer learns it aft…
If a Maine lawyer sits on the board of a nonprofit that helps domestic violence victims, can the lawyer represent a client whose adversary is getting services from that nonprofit?
Yes, in the situations described. The opinion concludes the lawyer is not disqualified merely because the adverse party receives services from the nonprofit, but the lawyer must disclose the board mem…
What are a New Hampshire lawyer's duties regarding metadata in electronic documents sent to or received from opposing counsel?
Sending lawyers must take reasonable care to avoid disclosing confidential information hidden in metadata, and receiving lawyers may not search for, review, or use metadata from opposing counsel, beca…
Can a New Hampshire lawyer drafting a client's will or estate plan name themselves as executor, trustee, or other fiduciary?
Yes, at the client's request and after the disclosures Rule 1.4 requires, so long as the lawyer can still give independent advice on the choice of fiduciary. Naming oneself by default or requiring the…
Can a lawyer advertise a Super Lawyers or Best Lawyers ranking?
Yes, with context. The opinion concludes a lawyer may reference a commercial ranking like Super Lawyers or Best Lawyers in advertising if it states the publication name, the date, and the practice are…
Can a lawyer call a fee or retainer "nonrefundable"?
No. The opinion concludes it is misleading to describe any fee or retainer as nonrefundable, because every fee must be reasonable under Rule 1.5 and any unearned advance must be refunded under Rule 1.…
Before filing a matter with a state agency that will decide it, can a Texas lawyer contact the agency to influence the outcome?
Only in limited ways. The Committee concludes Rule 3.05 bars ex parte communications with the agency's decision maker meant to influence a matter, even before filing, once an agency decision is reason…
After New York required conflict consents to be 'confirmed in writing' on April 1, 2009, does a lawyer need to re-obtain consents that clients validly gave before that date?
No. The committee concludes that the new requirement that conflict consents be 'confirmed in writing' applies only to consents given on or after April 1, 2009; consents validly given before that date …
Can a lawyer use a credit card account that splits client payments into trust and operating accounts at deposit?
The opinion concludes a lawyer may use a credit card account that routes unearned fees to the trust account and earned fees to the operating account at deposit, because the funds are separated before …
What must a closing lawyer do when a title company appears to be preparing deeds in the unauthorized practice of law?
The opinion concludes the lawyer must raise the concern with the supervising attorney, and report that attorney to the State Bar only if the lawyer reasonably believes the attorney is knowingly assist…
Can a lawyer foreclose on a current client's property to collect an unpaid fee while still representing the client?
No. The opinion concludes that enforcing a security interest by foreclosing on a current client's property to collect a legal fee, even in a matter unrelated to the representation, creates a conflict …
Can a Virginia lawyer pass credit-card merchant fees on to the client, and how should those fees and chargebacks be handled with the trust account?
A lawyer may pass merchant fees on to a client who pays by credit card if the fee is disclosed and the client consents; the committee cautions against letting the bank debit the trust account and says…
I was a part-time assistant solicitor prosecuting misdemeanors and housing matters for a municipality. Now that I'm in private practice, can I represent people the municipality's police department charges, or people cited in housing court?
Yes, generally. The panel held the attorney may represent clients before the municipal court on housing matters and clients charged by the municipality's police department, provided the specific matte…
Can a licensed lawyer who works as a clerk of court take pro bono cases through a volunteer lawyer program, especially defending child-support cases in her own district?
No. The committee concluded that the lawyer's position as clerk of court, her statutory duties to the district judges, her access to the state child-support computer system, and her prior work for the…
Does tying an insurance staff lawyer's bonus to a minimum number of jury trials create UPL or a conflict of interest, and must the lawyer tell the insured?
The committee concluded that an insurer's plan rewarding staff counsel for a minimum number of jury trials is not the unauthorized practice of law, but a staff lawyer who tries a case solely to qualif…
Are a state agency's staff attorneys responsible for a non-lawyer investigator's contact with a represented licensee when the investigators are not supervised by the lawyers?
No, not on these facts. The committee concludes a non-lawyer investigator's conduct is not imputed to agency staff attorneys unless the lawyers have supervisory authority over the investigators; absen…
Can a D.C. lawyer accept credit cards to pay legal fees, including advance or unearned fees, and what does the trust-account rule require?
The opinion concludes that a lawyer may accept credit cards for payment of legal fees, including unearned (advance) fees, so long as the lawyer complies with the D.C. Rules and does not enter a mercha…
Can a firm that represents a city in civil matters also take a contract to defend indigent defendants the city is prosecuting?
No. The committee concluded that a firm which represents the city (through contracts with the city attorney) cannot also serve as contract indigent-defense counsel against the city's own prosecutions.…
Can a lawyer use client testimonials, dramatizations, or fictional sketches in TV or website advertising in Utah, and when do they cross the line into false or misleading?
The opinion concludes testimonials, dramatizations, and fictional vignettes are permitted so long as they are not false or misleading; they become impermissible where a reasonable person would reach a…
Can a juvenile court judge accept travel expenses or a meal paid for by a private placement facility that gets court placements?
The opinion concluded that a juvenile court judge or court staff may not accept travel expenses (travel, meals, lodging) or a gratuitous non-conference meal from a private placement facility that rece…
Can a full-time magistrate or judge moonlight as an independent contractor doing legal research for a legal publisher?
The opinion concluded that Jud. Cond. R. 3.11(B) bars a full-time magistrate (and judge) from serving as an independent contractor for any business entity unless an exception applies, and that none ap…
Does a D.C. lawyer owe a duty of confidentiality to a prospective client whose information reached the lawyer only through another lawyer acting on that person's behalf?
The opinion concludes yes. When a prospective client consents to having one lawyer call a second lawyer about taking the case, the second lawyer must treat the information conveyed as confidential und…
Can a lawyer draft pleadings and advise a pro se litigant without telling the court about the help?
Yes. The opinion concludes a lawyer may give a pro se litigant behind-the-scenes assistance, including drafting pleadings and advising on courtroom strategy, without disclosing that help or ensuring t…
Can an appointed trial lawyer sign a notice of appeal for an indigent parent in a juvenile case even if the lawyer doubts the appeal has merit?
Yes. The opinion concludes it is not unethical under Rule 3.1 for an appointed trial lawyer to sign a notice of appeal to preserve an indigent parent's right to appeal in an abuse, neglect, dependency…
Can a lawyer negotiate a civil settlement that includes the plaintiff's promise not to report the defendant's conduct to law enforcement?
Yes, within limits. The opinion concludes a lawyer may participate in a civil settlement that includes a non-reporting condition, provided the condition does not amount to the crime of compounding (th…
Can the lawyer who handled a foreclosure also represent both the buyer and the bank when the bank resells the property?
Sometimes. The opinion concludes the foreclosure lawyer may represent both the buyer and the seller/bank at the resale closing only with full disclosure of the risks (including the lawyer's own prior …
Can a lawyer report an opposing party's immigration status to ICE to gain an advantage in a civil case?
No, unless the law requires it. The opinion concludes a lawyer may seek discovery of a party's citizenship status for a proper, relevant purpose, but may not report that party to ICE to gain an advant…
Can a New Mexico law firm organize as a limited liability company under the Rules of Professional Conduct?
The committee concluded it may be ethically possible for a New Mexico law firm to organize as an LLC, but only if doing so is otherwise lawful, and it could not resolve whether the law permits it beca…
Does a Florida lawyer owe confidentiality to someone who sends unsolicited information through the lawyer's website or by email?
No, where the information is sent unilaterally with no reasonable expectation of confidentiality; that person is not a prospective client, so the lawyer has no conflict and may use or disclose the inf…
Can a lawyer give social gifts to, or buy meals for, judges and court staff?
The opinion declines to give definitive advice. Because Rule 8.4(f) bars a lawyer from offering a judge anything the judge is forbidden to accept, the analysis runs through the Code of Judicial Conduc…
When a lawyer jointly represents an employer and a foreign worker, must the lawyer tell the employer the worker's work authorization was revoked even though the worker objects?
Yes. The opinion concludes that under the joint-client rules (Rule 1.7) and the duty to keep a client informed (Rule 1.4), the lawyer must tell the employer the work authorization was revoked, even ov…
Can a lawyer charge a contingent fee to collect past-due child support after the divorce is already final?
Yes. The opinion concludes Rule 1.5(d)(1)'s ban on contingent fees in domestic-relations matters does not reach collecting post-judgment support arrears once the divorce is final and the support amoun…
Can a lawyer take a second guardian ad litem appointment when the new role would require approving the lawyer's own prior GAL bills?
Not without a fix. The opinion concludes that reviewing one's own prior invoices is a non-waivable conflict under Rule 1.7(b) because the incompetent ward cannot consent, so the lawyer must decline un…
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.