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 lawyer take a security interest in a client's real property to secure payment of the lawyer's fees?
The Committee concluded that yes, but only if the lawyer satisfies the business-transaction safeguards of SCR 158(1) (now NRPC 1.8(a)): the transaction must be fair and reasonable, fully disclosed in …
Can a lawyer advertise that they are a certified specialist in a field of law in Nevada?
The Committee concluded that a lawyer certified as a specialist may list the certification on advertisements, letterhead, and business cards if the certifying organization is approved by the State Bar…
Can a lawyer be 'of counsel' to a firm bearing his name while also being a partner in a different firm that also uses his name?
The opinion concludes that a lawyer may be 'of counsel' to one firm and a partner in another, so long as the 'of counsel' association is regular and continuing and the lawyer is generally available pe…
Does a lawyer who serves as an expert witness for a party form an attorney-client relationship that creates a former-client conflict?
The opinion concludes that a lawyer who serves solely as an expert witness for a party does not thereby form an attorney-client relationship with that party. As a result, Rule 1.9's bar on adversity t…
Can a part-time associate at a law firm represent the buyer through her own separate practice while the firm represents the seller in the same real estate deal, with both clients' consent?
No. The committee concludes a part-time associate is 'associated' with the firm for conflict imputation, and the buyer and seller of residential real estate may not be represented by lawyers in the sa…
Can a New York firm split fees with a foreign law firm that refers it a New York matter and stays involved as a consultant?
Yes, with conditions. The committee concludes a New York firm may share a percentage of its fees with a foreign law firm on referred matters where the foreign firm's lawyers are bona fide lawyers with…
Does a guardian ad litem need the consent of a represented person's lawyer before interviewing that person?
No. The opinion concludes Rule 4.2's bar on contacting a represented person applies only during a lawyer's representation of a client, so it does not reach a nonlawyer guardian ad litem, who may inter…
Can a discharged lawyer hold a client's deposition transcript until the client repays the cost the lawyer advanced for it?
No. The opinion concludes a discharged lawyer must surrender the deposition transcript (and other file materials useful to the client) unconditionally under Rule 1.16(d) and may not condition release …
Can a lawyer autodial potential clients with a recorded message and let them press a button to be connected to the firm?
The opinion concludes a lawyer may autodial potential clients and play a recorded advertising message that is truthful and not misleading, but may not include a means for the recipient to be immediate…
When can a lawyer move disputed fees out of the trust account if the client objects but takes no legal action?
The opinion concludes a lawyer holding disputed fees in trust may transfer them to the operating account once a fee-dispute petition is dismissed (or the program closes for impasse) and the lawyer has…
Can a lawyer charge a dormancy fee against a client's unclaimed funds left in the trust account?
Yes, with conditions. The opinion concludes a lawyer may charge a dormancy fee against unclaimed trust funds if the client received prior notice of the fee and gave written consent, the amount is appr…
Can a retainer agreement get a client to agree in advance that the lawyer may withdraw if the client fails to pay fees?
No advance assent. The committee concludes a retainer may not secure a client's advance consent to withdrawal for nonpayment, but it may accurately advise the client that the lawyer may withdraw, subj…
Can a lawyer take out a loan from a bank to pay a client's litigation costs and have the client reimburse the loan and its interest?
The Committee concluded that yes, a lawyer may borrow from a third-party lender to fund a client's litigation costs if it is a recourse loan the lawyer is obligated to repay regardless of the case out…
Can a full-time public defender give personal money to an indigent death-row client's prison account?
Yes, on these narrow facts. The committee concluded a salaried public defender may make personal gifts (not loans) to an indigent capital client's prison account when there is no expectation of repaym…
Can a fee contract set the lawyer's contingent percentage on the combined total of the damages award and a statutory attorney's fee award?
Yes, within limits. The committee concluded a lawyer may contract for a contingent percentage of the aggregate of damages and statutory attorney's fees if the agreement meets the 50% statutory cap and…
Can a contingent-fee agreement base the lawyer's percentage on the combined total of the damages award and statutory attorney's fees?
Yes, within limits. The committee concluded a lawyer may contract for a contingent percentage of the aggregate of damages and statutory attorney's fees if the agreement meets the 50% statutory cap and…
Can a plaintiff's lawyer agree in advance to indemnify the client against attorney's fees and costs the client would owe if the defendant prevails?
No. The committee concluded that an advance agreement to indemnify a client against attorney's fees and costs awarded to a prevailing defendant is not an 'advance' permitted by Rule 1.8(e), and is bar…
Can a paralegal use the title 'Paralegal Advocate' on business cards, and what is the supervising lawyer's duty about it?
The committee concluded that 'Paralegal Advocate' is misleading and violates RPC 7.1 because 'advocate' has become synonymous with 'lawyer,' and that under RPC 5.3 the supervising lawyer must ensure t…
Does a contract city attorney who prosecutes for the city have a conflict of interest in a criminal charging decision when the subject has ties to city council members?
The committee concluded the city attorney represents the city itself, and that there is no inherent conflict in making a charging decision, though a conflict can arise under RPC 1.7(a)(2) where a pers…
Can a bar association run an online lawyer referral database, and must participating lawyers certify that they carry malpractice insurance?
The committee concluded that a lawyer referral database is not per se prohibited if the service ensures its activities are compatible with the participating lawyers' obligations, that requiring insura…
May a Washington family-law lawyer enter a four-way collaborative-law agreement in which the lawyers limit their representation to negotiation and agree to withdraw if the case turns to litigation?
The committee concluded that collaborative law is permissible because it is a limitation on the scope of representation under RPC 1.2(c), allowed if the limitation is reasonable under the circumstance…
Can a part-time elected county commissioner represent a criminal defendant in a city municipal court before a judge who is also the county's elected district court judge?
The committee concluded yes, because no rule bars a lawyer who is also a public official from representing clients in criminal matters in another jurisdiction; RPC 1.11 did not apply since the commiss…
Does using the phrases 'special expertise' or 'areas of expertise' in a law firm's marketing brochure violate the rule on communicating fields of practice?
The committee declined as a matter of policy to pass on the content of a particular ad, but said that using 'special expertise' and 'areas of expertise' may not violate RPC 7.4(d) in these circumstanc…
When a third party such as an insurer claims part of a client's settlement held in trust, may the lawyer disburse the funds to the client after giving 30 days' notice if no suit is filed?
The committee concluded that the 30-day-notice-then-disburse plan was not reasonable, because RPC 1.15A(g) requires the lawyer to keep funds subject to a third-party claim in trust until the dispute i…
Can a two-name law firm keep using a departed lawyer's name after he sells his interest but continues working in the office without being fully retired?
The committee concluded that on these facts neither lawyer may keep using the original name, because a firm name may not imply a partnership that no longer exists and the departed lawyer had sold his …
Can a two-lawyer firm, where the second lawyer is 'of counsel' or an associate, use the word 'Group' in its firm name?
The opinion concludes that, assuming an 'of counsel' lawyer meets the standard for being treated as part of the firm, a firm of two licensed lawyers, one of whom is 'of counsel,' could use the term 'G…
Can a lawyer run a closing or escrow department under a trade name (d/b/a), and must the lawyer disclose that the d/b/a is part of the law firm?
On the first question, the opinion concludes that under RPC 7.5(a) a lawyer may use a trade name as long as it does not imply a connection with a government agency or a charitable legal-services organ…
Must a lawyer provide a client the electronic version of the client's documents, or can the engagement letter limit the client to paper copies?
The committee declined as a matter of policy to comment on specific contract language, but said that providing the client the signed originals and one paper copy of the estate-planning documents compl…
When a firm pays an independent contract attorney a bonus tied to how a case turns out, is that a division of fees governed by RPC 1.5(e)?
The opinion concludes that any compensation directly tied to or dependent on the client's payment of a gross fee may be a division of fees under RPC 1.5(e)(1), so a bonus that ties the right to and am…
Must a lawyer who holds money as a guardian, trustee, personal representative, or executor (not as the client's counsel) deposit it in the RPC 1.15A trust account?
The opinion concludes that Informal Opinion 1202 still controls: funds a lawyer holds purely in a fiduciary capacity other than as an attorney, for example as a court-appointed guardian, trustee, or p…
Can a Limited Practice Officer (LPO) sign checks drawn on a law firm's trust account, given that RPC 1.15A(h)(9) says only a lawyer may be an authorized signatory?
Yes, under limited circumstances. The opinion concludes an LPO may sign trust-account checks, but only for transactions for which the LPO is licensed; the authority does not extend further. Because an…
Can a lawyer who represented a now-deceased client probate that client's estate for the personal representative, who is the client's spouse and sole heir?
On the limited facts presented, the opinion concludes the Rules of Professional Conduct do not prohibit it. But the opinion lists situations that could obligate the lawyer to withdraw, including learn…
Can a lawyer keep referring probate-estate clients to a real estate broker that now employs the lawyer's spouse, and what must the lawyer disclose?
The opinion concludes the referral is not prohibited so long as the lawyer fully discloses, in writing, that the spouse is employed by the broker and the client gives informed consent confirmed in wri…
Can a lawyer provide 'prepaid legal services' bundled into a for-profit real estate company's flat-fee package, where the company collects the fee and pays the lawyer a set amount?
The committee was strongly concerned the arrangement violates the RPCs. The lawyer must still ensure the flat fee is reasonable (RPC 1.5(a)) and run a conflict check before representing each seller (R…
Can limited practice officers in a law firm's escrow department be signatories on the accounts used to sign escrow disbursement checks for real estate closings?
The opinion sets out the governing rules rather than a one-line answer: under RPC 1.15A(h)(9) only a lawyer admitted to practice may be an authorized signatory on a trust account, and a lawyer must ho…
When part of a workers' comp (L&I) claim is in litigation, can the injured worker's lawyer contact the third-party administrator handling the claim for a self-insured employer?
The committee answered that a third-party administrator (or employee/adjuster) with discretion and authority to bind a self-insured employer in claims-management decisions is treated as part of the re…
Can a lawyer pay the litigation costs for a nonprofit it represents pro bono because the nonprofit's wards are indigent?
No. The committee concluded that RPC 1.8(e)(2)'s indigent-client exception lets a lawyer pay court costs and litigation expenses only for an indigent client, and a nonprofit guardianship corporation, …
Can a contingent-fee agreement make the client repay advanced litigation costs if the client rejects a settlement the lawyer considers fair?
No. The committee concluded that conditioning the client's obligation to repay advanced costs on the client's acceptance of the lawyer's settlement advice imposes adverse financial consequences that i…
Can a nonprofit run a lawyer referral service for its member attorneys, and how must those lawyers describe their practice areas?
Yes. The committee concluded the proposed not-for-profit referral service satisfies the RPCs: under RPC 7.2(b) a lawyer may pay the usual charges of a not-for-profit lawyer referral service, and the c…
Can a lawyer use a facsimile signature stamp on trust-account checks, or let staff sign them?
The committee concluded that under RPC 1.15A(h)(9) only a lawyer may be an authorized signatory on a trust account, so a lawyer may not give a nonlawyer discretion over disbursements; a lawyer may use…
Can a lawyer refer clients to a relative who is a realtor and discount the clients' legal fees if they use that relative?
The committee concluded no RPC per se prohibits either the referral or the fee discount, but it flagged concerns under RPC 1.6 (client confidences, heightened between family members), RPC 1.7 and 1.8 …
Can a family law deputy prosecutor also serve part-time as a substitute family law court facilitator without a conflict of interest?
The committee concluded the situation is governed by RPC 1.7 and 1.12 and that, because people the lawyer helps as a substitute court facilitator might later become adverse to her when she represents …
Can a lawyer sign a medical provider's agreement guaranteeing the provider will be paid from the client's settlement proceeds?
The committee did not analyze the question anew; it concluded the issues were already addressed in WSBA Formal Opinion No. 185, which the inquirer should review and follow, and it updated the governin…
Can a Washington law firm registered as a PLLC use a trade name that drops the PLLC designation?
Yes. The committee concluded that under RPC 7.5(a) a PLLC law firm may use a trade name as long as it is not misleading, and it found the proposed name not misleading on its face; because the name cou…
Can a lawyer represent a Guantanamo Bay detainee and agree to a court protective order that bars sharing classified material with the client?
The opinion concludes the lawyer may sign the memorandum of understanding and protective order, but only if the lawyer intends to abide by it and the client consents, after full disclosure, to the lim…
When a California attorney's employment terminates and the client demands electronic versions of e-mail, pleadings, discovery, the deposition and exhibit database, and transactional documents, must the attorney release them, and may the attorney refuse on the ground that they contain other-client metadata?
Per California Formal Opinion 2007-174, yes. Former Rule 3-700(D)(1) extends to existing electronic items, with no 'balancing test' for client need versus attorney burden, and applies because the item…
May a California attorney deposit a client's will with a private will depository or register a client's will with a private will registry without the client's express consent, where the attorney cannot locate the client?
Per California Formal Opinion 2007-173, no for a will depository, because Probate Code sections 700 et seq. provide the exclusive means for terminating a deposit; depositing the will with a private de…
Can a law firm second (loan) a lawyer to a client or host organization without the firm inheriting the host's conflicts and vice versa?
Yes, if during the secondment the lawyer is not 'associated' with the firm: the ongoing relationship is narrowly limited and the lawyer is securely screened from the firm's client confidences. A parti…
Can a lawyer contact the in-house counsel of a represented organization directly, without going through its outside counsel?
Yes, generally. The no-contact rule does not bar contacting an organization's in-house counsel, even when outside counsel is retained, so long as the contacting lawyer has a reasonable, good-faith bel…
Can a lawyer treat cashier's checks and certified checks drawn on credit unions and other non-bank institutions as 'collected funds' under Rule 1.15(f), which by its terms refers only to a 'bank'?
Yes. Subject to future clarification from the South Carolina Supreme Court, the committee reads 'bank' in Rule 1.15(f) to include credit unions and other financial institutions as defined in IOLTA Rul…
Can a South Carolina lawyer hand out fee-discount coupons to homebuyers through real estate agents and mortgage loan originators?
The committee concluded no: having a real estate agent or loan originator personally deliver the lawyer's fee-discount coupons to homebuyers known to need closing services was in-person solicitation b…
Can a lawyer appear in a 'team approach' radio advertisement paid for by a real estate company that refers closings to the lawyer's firm?
Yes, if the lawyer pays the reasonable cost of the advertisement and the ad complies with the advertising rules. Rule 7.2(c)(1) lets a lawyer pay the reasonable costs of advertisements, the ad must sa…
Can a lawyer keep representing a client and testify in support of an advice-of-counsel defense when the opposing party files a frivolous-proceedings counterclaim attacking the lawyer's advice?
Yes. Rule 3.7(a) does not bar the lawyer from continuing as advocate because the lawyer's testimony relates to the nature and value of legal services rendered in the case, and because disqualifying th…
Does a lawyer violate South Carolina Rule 4.5 by sending a bad-check collection notice that warns of possible criminal prosecution when state law requires that warning?
No. Although the statutory bad-check notice under S.C. Code 34-11-70 references possible criminal prosecution, the threat is not made solely to gain an advantage in a civil matter because the statute …
Can a lawyer use one professional name and a different married name in private life, and can her firm keep her former name in the firm name after she changes it?
Yes to both. A lawyer may use different professional and private names. A continuing firm may keep a member's former name as a trade name even after she changes her last name, so long as it is not mis…
Can lawyers in a firm buy charged-off debts from a client, former client, or non-client, and can an LLC owned by the firm's lawyers hire the firm to collect those debts?
Yes to both, with limits. Rule 1.8(i) bars buying a debt only when it is the subject of litigation the lawyer is conducting for a client, so lawyers may purchase charged-off debts they never handled a…
Does a defense lawyer's personal relationship with a county sheriff disqualify her from representing defendants charged by that sheriff's office?
Not categorically. The committee concluded the lawyer may represent clients charged by the sheriff's office as long as the sheriff is not expected to testify in the case, the lawyer discloses the pers…
Can a private-practice lawyer hire a non-lawyer who works full time for the local prosecutor's office to moonlight on the firm's immigration cases?
Yes, subject to strict screening, confidentiality, and supervision. The committee held the arrangement carries confidentiality and conflict risks under Rule 5.3 but is not prohibited if the assistant …
Can a lawyer sell his law practice to an associate and then keep practicing as 'of counsel' to the buyer's new firm in the same area?
No. Rule 1.17 lets a lawyer sell a practice only if he stops practicing on a fee basis in that geographic area; selling just the tangible assets and staying on as of counsel is allowed, with notice to…
Can a South Carolina lawyer who is also a licensed real estate agent and a mortgage broker act as mortgage broker, the buyer's real estate agent, and the closing attorney in the same transaction if the client consents in writing?
The committee advises against it. While the Rules do not impose a per se bar, a lawyer's belief that she can competently and diligently represent each affected client while also collecting agent and b…
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.