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 who sues some state agencies also represent a different state agency, or is the whole state government one client for conflict purposes?
The state government is not a single client made up of every agency under the Governor; a lawyer may represent one state agency while representing a private party adverse to a different state agency, …
Can a lawyer serve on a legal-services organization's litigation advisory group when its clients have interests adverse to the lawyer's own clients?
Generally yes. The opinion concludes that under Rules 6.3 and 6.4, serving as a director, officer, or member of a legal-services or law-reform organization does not by itself create an attorney-client…
Is it an ethics violation for a lawyer to amend a real estate contract to inflate the purchase price with a matching seller's concession in order to enlarge the buyer's mortgage loan?
Yes. The Committee concludes a lawyer who participates in raising the stated purchase price with an offsetting seller's credit, to increase the buyer's mortgage, violates RPC 1.2(d), RPC 4.1(a), and R…
Can a Maine lawyer help a personal injury client get a non-recourse cash advance from a litigation funding company?
Not per se unethical, but the opinion flags serious concerns: a possible champerty-statute violation it cannot resolve, the duty to advise the client on the deal, protecting confidences against a broa…
I run an elder law practice and want to hire a nurse as a geriatric care manager to help identify clients' medical and care needs alongside the legal work. Can I employ this person, and what safeguards do I need?
Yes. The panel held the attorney may hire a nurse as a geriatric care manager employee, provided the attorney directly and effectively supervises the GCM, instructs the GCM on the Rules of Professiona…
Can a retainer or fee agreement give the lawyer full authority to settle the client's case without the client's approval?
The Committee concluded that no, a provision in a fee or retainer agreement delegating full and absolute settlement authority to the attorney violates NRPC 1.2(a). The decision whether to settle belon…
Can a criminal defense lawyer restrict a current or former client's access to their own client file?
A former client's access to the client file generally may not be restricted, absent prosecutorial or court-ordered limits on specific materials. For a current client, a lawyer may delay transmitting c…
Can a Utah lawyer set up or borrow from a lending company to finance a client's case or pay the lawyer's own fees?
No to both arrangements presented. A lawyer may not run a lending company that loans money to the lawyer's own clients to cover fees, because the lawyer's loyalty to the lender conflicts non-consentab…
Can a lawyer in a contingent fee case let a non-lawyer lending company fund litigation expenses in exchange for a funding fee that is a percentage of the recovery?
No. The Committee concludes the arrangement is fee sharing with a non-lawyer barred by Rule 5.04(a), because tying the lending company's funding fee to a percentage of the recovery lets the non-lawyer…
If lawyers in a small legal services corporation also keep private practices, can one of them privately represent a party opposing someone the corporation represents in the same case?
No. The committee treats the staff of a small legal services corporation as a law firm, so a conflict that would disqualify one lawyer is imputed to all, and consent cannot cure two same-'firm' lawyer…
Can a New York law firm run debt-collection services for clients in other states as a non-legal service where its lawyers are not licensed?
Yes, with conditions. The committee concludes a New York firm may provide out-of-state collection as a non-legal service if the other state's rules (including its unauthorized-practice law) permit it,…
Can one law firm serve as both bond counsel and the borrower's counsel in a tax-exempt municipal bond issuance?
Yes, with limits and consent. The committee concludes a firm may serve as both bond counsel and borrower's counsel if bond counsel's role is limited to opining on the transaction rather than negotiati…
Can a New York lawyer form a partnership with an attorney admitted only in another state who would work exclusively from a New York office on New York matters?
Not where the out-of-state attorney's New York work would be unauthorized practice. The committee concludes such a partnership violates DR 3-101(A); and if the out-of-state attorney instead limited he…
Can a West Virginia lawyer accept a referral fee from a financial services provider for sending clients to that firm?
No. The Lawyer Disciplinary Board concluded it is ethically improper for a lawyer to accept a referral fee from a financial services provider, and the conflict cannot be cured by client disclosure and…
Can a part-time prosecutor also serve as court-appointed counsel for indigent parties in a neighboring county's Family Court?
Sometimes, case by case. The committee concludes there is no per se bar, but the part-time prosecutor may not take delinquency, PINS, or any matter involving law enforcement personnel the prosecutor w…
Can a Texas lawyer secretly record a phone call with a client or a third party without telling them the call is being recorded?
Generally yes. The Committee concludes the rules do not bar a lawyer from making an undisclosed recording of a call the lawyer is on, provided recordings involving a client serve a legitimate purpose,…
Can a former judge running for office reference their prior judicial service in campaign materials?
Yes, in a limited way. The opinion concludes a lawyer who is a former judge may use campaign materials that describe them only as a 'former' judicial officer and identify the specific position, the le…
Can a nonlawyer, such as an architect or land-use planner, represent a party at a quasi-judicial zoning or variance hearing?
No, not in a representative advocacy role. The committee concludes that appearing on behalf of another person, firm, or corporation at a quasi-judicial proceeding (a hearing on a special-use permit or…
Can a lawyer join a for-profit networking and referral organization that encourages members to trade business referrals?
Yes, but only on conditions. The opinion concludes a lawyer may belong to a for-profit networking organization only if making referrals to other members is not a condition of membership and the lawyer…
Can a lawyer have a paralegal sign the lawyer's name to a court pleading when the lawyer is unavailable?
Only in limited circumstances. The opinion concludes a lawyer should ordinarily sign court documents herself and may delegate signing her name to a nonlawyer only when she and any other firm lawyer ar…
Can a lawyer borrow from a litigation funding company to cover the costs of a contingency case, and pass the financing cost to the client?
Yes, within limits. The opinion concludes a lawyer may finance litigation costs through a litigation funding company if the company's practices are lawful and the loan does not tie repayment to a perc…
Can a lawyer who also serves as a municipal police officer represent criminal defendants in private practice?
Not without limits. The Committee concludes that under RPC 1.8(k) and State v. Clark, a lawyer who is also a municipal police officer may not represent criminal defendants in matters arising in his mu…
What are a Colorado court-appointed attorney's ethical duties to a respondent parent in a dependency and neglect case who stops appearing or communicating, and must the lawyer appeal a termination of parental rights on request?
The opinion concludes that an appointed lawyer must give the client a writing explaining the no-cost appointment and the nature of the representation, must keep advocating competently even if the clie…
I know a colleague delayed filing final judgments in several divorce cases, sometimes for well over a year past the ninety-day waiting period. Do I have to report that lawyer to the bar under Rule 8.3?
Not by itself. The panel held that failing to promptly file final divorce judgments does not, standing alone, raise the 'substantial question' about the lawyer's honesty, trustworthiness, or fitness t…
My client's ex-spouse is shortchanging her on stock options owed under their marital settlement agreement, and she wants me to sue him on a contingency-fee basis. Can I take that case on contingency, and does it matter if she also wants to reopen the divorce over concealment?
A contingent fee is proper for the post-divorce contract dispute over the stock option value under the settlement agreement, but not if the divorce action itself is reopened based on the claim that th…
Can a New Mexico lawyer publicly comment on or criticize a judge or candidate for legal office?
The opinion concluded that lawyers are encouraged to give honest, candid opinions about judges and candidates for legal office, but must not make statements they know to be false or that are made with…
Can a New York lawyer pay to participate in a website that analyzes a prospective client's problem, picks lawyers to respond, and lets them contact the client?
Not as described. The committee concludes a lawyer may not participate in a paid website that analyzes the prospect's problem and selects lawyers (an improper referral), and may not phone the prospect…
Can a lawyer who serves on a county legislature defend criminal cases in that county when the legislature controls the police or DA budget, and are the lawyer's firm colleagues disqualified too?
No to the lawyer, even for plea bargaining and regardless of county size. The committee concludes the lawyer/legislator may not handle criminal cases involving police or prosecutors the legislature fu…
What are a Florida lawyer's duties regarding metadata in electronic documents sent to or received from another lawyer?
A sending lawyer must take reasonable steps to protect confidential information, including metadata; a receiving lawyer must not mine metadata the lawyer knows or should know was not intended for them…
Can a law firm condition a partner's retirement benefits on the partner agreeing not to keep practicing law?
Yes, but only for genuine retirement benefits. The opinion concludes Rule 5.6(a) permits a non-compete restriction tied to retirement benefits only where the benefit is available solely to a lawyer wh…
Can a Virginia lawyer disburse funds from a client trust account before the deposited items have irrevocably cleared, even when the account holds funds for only one client?
No. The opinion concludes a lawyer must wait until deposited funds are irrevocably credited and cleared, with no chance of bank recall, before disbursing, and that the answer is the same whether the t…
Can a Virginia criminal defense lawyer give an indigent jailed client small amounts of money for jail commissary purchases without violating Rule 1.8(e)?
The opinion concludes that occasional de minimis humanitarian gifts unrelated to the litigation (small sums for items like toothpaste or gum) are not barred by Rule 1.8(e), so long as the lawyer's ind…
From whom may a court-appointed guardian ad litem for a minor accept payment of her fee, and can the insurer that is settling the minor's claim also pay the guardian ad litem?
The opinion concludes a guardian ad litem may accept fee payment from a third party such as the insurer only if Rule 1.8(f)'s conditions are met; because a minor cannot consent and the guardian cannot…
After leaving a Texas regulatory agency, can a lawyer represent a client before that agency on a matter that started while the lawyer worked there but that the lawyer never worked on?
Yes. The Committee concludes Rule 1.10(a) bars a former agency lawyer only from matters in which the lawyer participated personally and substantially as a public employee; mere employment when a matte…
What are a lawyer's candor duties when serving as a court-appointed guardian and the ward's identity turns out to be false?
The opinion concludes that a lawyer appointed as guardian of an incapacitated individual (and not acting as that person's attorney) is still bound by the rules that apply to all members of the bar reg…
Can a lawyer contact an opposing organization's in-house counsel directly when outside counsel represents the organization in the matter?
Generally yes. The opinion concludes Rule 4.2 does not bar a lawyer from communicating with an organization's inside counsel about the matter without the consent of its outside counsel, because inside…
Can a lawyer ethically search for and use the metadata hidden in electronic documents sent by opposing counsel?
Yes. The opinion concludes the Model Rules contain no specific prohibition against reviewing and using metadata embedded in documents received from an opposing party or counsel, and that a sending law…
May a judge sit on the board of a nonprofit that contracts with the court and whose services defendants use to satisfy probation?
The opinion concluded that under the Ohio Code of Judicial Conduct (Canons 1 and 2(B)(1)) and Ohio Ethics Law (R.C. 2921.42(A)(4) and 102.03), a municipal court judge may not serve on the board of a n…
Can a New York lawyer outsource legal support work (research, document review, drafting) to a non-lawyer or foreign lawyer overseas?
Yes, if the New York lawyer rigorously supervises the overseas non-lawyer to avoid aiding the unauthorized practice of law and ensure competence, preserves client confidences (with informed consent be…
Can a lawyer who serves on a city council defend criminal cases in which the police, whose pay the council controls, exercise charging discretion?
It depends. Under Georgia FAO 05-12, such representation implicates Rule 3.5(a)'s bar on improperly influencing officials, and a lawyer should not take the case where an inference of improper influenc…
What must a lawyer do when a guardian ad litem insists on pursuing a claim the lawyer believes is frivolous and against the minor's interests?
The opinion concludes that the lawyer owes confidentiality to both the minor (the real party in interest) and the guardian ad litem in her official capacity, and that if the lawyer believes the claim …
Can a lawyer disburse settlement funds from the trust account against an insurance check before confirming it has been collected?
Only with reasonable due diligence and a backstop. The opinion concludes that a lawyer may disburse immediately against cash, wired funds, or instruments listed in the Good Funds Settlement Act, but f…
Can a lawyer provide services through a prepaid legal services plan, and what must the plan do to qualify?
Only if the plan satisfies Rule 7.3(d). The opinion concludes a lawyer may participate in a prepaid legal services plan only if the conditions of Rule 7.3(d)(2) are met, including that the plan is not…
When a lawyer is asked by one person to prepare a will, trust, or power of attorney for someone else, who is the client and what must the lawyer do?
The opinion concludes that 2003 FEO 7 applies to the preparation of any legal document that purports to speak solely for a principal, such as a will, advance directive, trust, or power of attorney, wh…
How must a lawyer safeguard the confidential health information of clients and opposing parties, given HIPAA?
The opinion concludes that health information a lawyer acquires during a representation is confidential under Rule 1.6, and that the standard of care is reasonable care under the circumstances rather …
Can a lawyer contact a county's officials or elected commissioners directly about a client's dispute when the county is represented by its attorney?
The opinion concludes that Rule 4.2(a)'s no-contact rule applies to communications with government employees when the communication concerns the negotiation or litigation of a specific claim, so a law…
Can an employer require its in-house counsel to sign a non-compete or other restrictive covenant as a condition of employment?
Largely no. The Committee concludes RPC 5.6 bars covenants that restrict a lawyer's right to practice and applies to in-house counsel; the agreement's non-compete and anti-raiding clauses violate RPC …
Can a lawyer serve as a member of an elected board of education and as the municipal attorney in the same township at the same time?
Yes, on the facts presented. With the appearance-of-impropriety standard eliminated in 2004, the Committee finds no per se conflict; because an elected board of education is largely autonomous from th…
Can an assistant county counsel also serve as a member of the governing council of a municipality in the same county?
It depends on the facts. After the 2004 elimination of the appearance-of-impropriety standard, there is no automatic bar, but the Committee warns that the two roles produce divided loyalty and recurri…
Can a Texas lawyer pay a fee to join a for-profit website that gathers potential clients' information and forwards it to participating lawyers?
Yes, but only if the service operates as advertising rather than a referral service. The Committee allows participation if lawyer selection is wholly automated with no discretion, the service makes no…
Can a settlement agreement require a lawyer to keep confidential public information about the case, like the defendant's name and the complaint?
The opinion concludes that a settlement agreement may not require counsel to keep confidential, or not disclose in promotional materials or on a firm website, public information about the case, such a…
Can an indigent-defense lawyer be required, even with a written waiver, to report a client's financial information to the funding commission when it could be disclosed in open court?
The committee concluded that disclosing a client's confidential financial information to the funding commission, knowing it would be filed in open court and could be used against the client, would vio…
If a prosecutor is conflicted out of a matter because it is adverse to a former client, are the other lawyers in the same state's attorney's office also disqualified?
The committee concluded that a state's attorney who formerly represented a party may not handle the office's same matter against that former client under Rule 1.9(a), and that because the lawyers in a…
Whom may an Alabama lawyer directly solicit in person or by telephone for legal business without violating the anti-solicitation rule?
Rule 7.3(a) lets a lawyer directly solicit, in person or by phone, family members (by blood or marriage) and current or former clients. Strangers known to need legal services remain off-limits when a …
Does a part-time state's attorney's earlier civil work for someone bar the attorney from later prosecuting that former client?
The committee concluded the question turns on whether the prior civil work is 'substantially related' to the criminal charges, or whether confidential information from it would be used against the for…
If a lawyer's law partner sits on the city council, can the lawyer still defend criminal cases in that city's court?
No. A lawyer who sits on a city council has a non-waivable conflict in defending criminal cases in that city (Opinion 05-06), and Rule 1.10 imputes that conflict to the partner's firm. The committee c…
When another state's disciplinary authority demands client trust-account information, must a lawyer produce it or does confidentiality bar disclosure?
Rule 8.1 requires a lawyer to respond to a disciplinary authority's lawful demand, but it does not require disclosing information protected by Rule 1.6. The committee concluded the lawyer cannot invok…
Can a California lawyer hire an out-of-state legal research and brief-writing company to draft a brief, and what does the lawyer have to do to comply with the ethics rules?
The committee concluded that an attorney charging an hourly rate in a civil case may contract with an out-of-state company to draft a brief, provided the attorney is competent to review the work, rema…
Is a joint television advertising program with exclusive geographic territories and a flat monthly fee a 'lawyer referral service' under Tennessee's rules?
Formal Ethics Opinion 2006-F-152 concludes that the R. W. Lynch (Injury Helpline) joint advertising program, in which participating lawyers pay a flat monthly fee, hold exclusive geographic territorie…
Can a child-support agency staff attorney represent the state in a matter where the same lawyer earlier issued the administrative order as the agency's hearing officer?
The opinion concluded that a CSEA staff attorney may not represent the state in any action (including a contempt action) involving a matter in which that same attorney, acting as the agency's administ…
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.