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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Are the Minnesota Lawyers Professional Responsibility Board's advisory ethics opinions binding on lawyers and the courts?
Not on the court. The opinion states the Board's advisory opinions are rule interpretations that guide lawyers' conduct, but they are not binding on the Minnesota Supreme Court and may change over tim…
Can a North Carolina lawyer for a publicly traded company disclose confidential information to the SEC under SEC Rule 205, even when the state confidentiality rule would not permit it?
Yes. The opinion concludes that a North Carolina lawyer who appears and practices before the SEC may 'report out' confidential information as permitted by SEC Rule 205 without violating the North Caro…
Can a North Carolina law firm use a website URL, like Asbestos-Mesothelioma.com, that does not identify the site as belonging to a law firm?
Yes, with a condition. The opinion concludes a firm may use a URL that does not include words identifying it as a law firm's website, so long as the URL is not otherwise false or misleading and the we…
When a North Carolina lawyer charges a 'minimum fee' billed against an hourly rate and then leaves the firm, must the firm refund the unearned portion to the clients?
Yes. The opinion concludes that a minimum fee billed against the lawyer's hourly rate is client money that belongs in the trust account until earned, not a true retainer or flat fee that may be deposi…
When a third party pays a North Carolina lawyer's fee for a client, who owns the unearned funds and what must the lawyer do if the payor demands them back?
It depends on the source and the fee type. The opinion concludes a lawyer generally follows the client's directive for funds belonging to the client and owes no duty to a stranger merely claiming an i…
Can a North Carolina real estate firm hold recording and courier costs in a separate non-trust account and keep the markup if actual costs come in lower?
Only with safeguards. The opinion concludes that funds collected at a closing to pay recording and courier costs remain client funds until disbursed, so a 'Recording Account' holding them must be a tr…
Can a North Carolina lawyer run an internet-only virtual law firm and offer clients unbundled, limited-scope legal services?
Yes to both. The opinion concludes a lawyer may operate a virtual practice delivered entirely over the internet so long as the lawyer avoids unauthorized practice and out-of-state advertising violatio…
Can a trial lawyer ask the judge to instruct jurors that they may talk to the lawyers after the verdict?
Only if the requested instruction states the Rule 3.5(d) limits completely, including that the lawyer may never ask about the jury's deliberations. If the lawyer's purpose is to get jurors talking abo…
Can a lawyer draft a client's will that names the lawyer as executor and then hire herself as counsel to the estate?
There is no per se bar, but the lawyer's personal interest in the fiduciary and counsel fees creates a Rule 1.7 conflict. The lawyer must exercise independent judgment under Rule 2.1 and may take thes…
Is it a conflict of interest for a lawyer to sue a corporation whose board of directors includes the lawyer's partner, and can screening, the partner's resignation, or withdrawal cure it?
Yes. The opinion concludes the partner-director's fiduciary duty to the corporation creates a Rule 1.7(a)(2) conflict that imputes to the suing partner under Rule 1.10; it can be cured by client conse…
Does an attorney appointed Commissioner in Chancery have a conflict of interest under Rule 1.11 because of prior representations handled by the attorney or the attorney's law partner?
No. The opinion concludes Rule 1.11 disqualifies a public-officer attorney only where the attorney personally and substantially participated in the same matter while in private practice; because this …
In Virginia, can a criminal defense lawyer choose a bench trial, waiving the client's right to a jury, without the client's authorization, and is failing to tell the court the client never consented a misrepresentation?
No on both points. The opinion concludes waiving a jury trial is a decision reserved to the client under Rule 1.2(a), so the lawyer's unilateral election violated that rule; and electing a bench trial…
When a lawyer leaves a firm, must the departing lawyer tell the old firm which clients he contacted and what his departure letters said, and was a notice letter that mentioned Bar Ethics Counsel misleading?
No. The opinion concludes the Rules impose no duty to give the former firm the client list or the letters (Rule 1.16(d) protects clients, not the firm's oversight), and the quoted notice letter, inclu…
Can a local government attorney represent the Zoning Administrator suing the Board of Zoning Appeals in one case while representing the BZA in an unrelated appeal?
The opinion concludes this is a direct-adversity concurrent conflict under Rule 1.7(a)(1), because the lawyer would be advocating against a current client (the BZA) even on an unrelated matter; it can…
If a client files grievances and pro se motions against me but not about the issue still on appeal, do I have to keep representing the client on that appeal?
Generally yes. The Committee concludes the lawyer must continue the appeal on the remaining matter unless permitted to withdraw under Rule 1.15(b) and the court does not order continued representation…
Can a lawyer accept payment from the media for the rights to the lawyer's own story about an ongoing case?
The opinion concludes that Rule 1.8(c), which bars a lawyer from acquiring literary or media rights to an account based on the representation before it concludes, does not apply where the media (not t…
Can a law firm keep its office in the same building as a lawyer who resigned in lieu of disbarment, and does a locked connecting door cure the problem?
The committee said RPC 5.8(b)(2) prohibits a lawyer from maintaining a law office in a room or office occupied or used, in whole or in part, by a person who resigned in lieu of disbarment; if that per…
Can a Washington lawyer advertise a discount coupon for legal services?
Yes, with a caveat. The committee concluded there is nothing inherently unethical about a discount coupon for legal services as long as the discount is honored according to its terms (RPC 8.4(c)); to …
Can a Washington lawyer pay an annual fee to be listed in a for-profit online and telephone legal directory that lets the public search by location and practice area?
Yes, as described. The committee concluded that, provided the listing fee is reasonable and not a disguise for indirectly sharing fees with the for-profit publisher, participating in the directory und…
Can a lawyer who is also a shareholder address the represented corporation's board of directors at a shareholders' meeting about a dispute?
Yes, within limits. The committee concluded that, assuming the lawyer speaks only as an individual, about matters common to all shareholders, and not about a current individual dispute, RPC 4.2 does n…
Is it unethical for a lawyer to file a bankruptcy adversary proceeding pro se to discharge their own student loans as an undue hardship?
Not per se. The committee concluded that a lawyer representing himself must still follow the Rules of Professional Conduct as if representing another, so it is not inherently unethical to file the adv…
Does RPC 1.10(a) impute a part-time or of-counsel lawyer's conflicts to a firm, even for clients that lawyer represents outside the firm?
Yes. The committee concluded that a part-time or of-counsel lawyer is 'associated' with the firm under RPC 1.10(a), so the firm cannot represent a client where that representation would conflict with …
Can a Washington lawyer employed by one state agency open a private practice representing employees of other state agencies in civil actions against the state?
It depends on the facts. The committee concluded that, assuming the lawyer has no attorney-client relationship with his own agency, RPC 1.7(a)(2) could bar the outside representation if it would be ma…
Is paying a contract or temporary lawyer only for the hours the hiring lawyer bills to and collects from the client a 'division of fee' governed by RPC 1.5(e)?
No. The committee concluded that the arrangement does not implicate RPC 1.5(e), which applies to a division of fee between lawyers not in the same firm, because the gross fee the client pays the hirin…
Can a personal injury lawyer pay a nonlawyer marketing and settlement employee a bonus based on a percentage of the settlements that person brings in or negotiates?
No. The committee concluded that compensating a nonlawyer based on a percentage of negotiated settlements is improper fee-splitting under RPC 5.4. The rule's profit-sharing exception (RPC 5.4(a)(3)) a…
Can a settlement agreement bar the plaintiff's lawyer from filing future unrelated suits against the same defendant on behalf of other, currently unidentified plaintiffs?
No. The committee concluded that such a clause violates RPC 5.6(b), which bars a lawyer from making an agreement that restricts the lawyer's right to practice as part of settling a client's controvers…
Can a Washington lawyer join a commercial networking and referral organization without violating RPC 7.2 if the organization drops mandatory referral requirements and adds safeguards?
The committee concluded that if the organization adopts and enforces the described reforms, no mandatory member referrals, posted guidance against misleading claims and requiring a prospective client …
Can a Washington sole practitioner call the firm a 'Law Group' when only one licensed lawyer practices there?
No. The committee concluded that using the word 'group' in a firm name where only one licensed attorney practices violates RPC 7.5(a) and (d) because it implies more than one lawyer practices in the f…
Can a law firm bill a client for 'costs' (copying, computer research, messenger, interest) at amounts higher than what the firm actually pays?
Only within the bounds of reasonableness and disclosure. The committee concluded that under RPC 1.5 a lawyer's expenses must be reasonable; a large markup on copying or vendor costs is unreasonable wh…
Do non-compete, no-client-contact, and liquidated-damages clauses in a lawyer's employment agreement with a law firm violate RPC 5.6(a)?
Yes. The committee concluded that the three provisions, barring the lawyer from contacting firm clients during and after employment, a two-year non-compete, and a liquidated-damages clause backing it,…
Can a Washington criminal defense lawyer charge a client for copying the case file or discovery, and does the answer change for an indigent appointed client?
For a retained client, the lawyer may shift copying costs only if the original fee agreement contains an express term to that effect entered at the start of the representation; otherwise the file belo…
Can a Washington lawyer join a nationwide, internet-based bankruptcy lawyer referral service when the per-client fee and listing fee are paid to a for-profit company, not the nonprofit?
No, as the program was structured. The committee concluded that Consumer Legal Referrals was not a not-for-profit lawyer referral service under RPC 7.2(b)(2), because the $100 per-converted-client fee…
If a lawyer waives part of a contingent fee for the client after settlement, must the lawyer tell the client's PIP carrier, whose reimbursement was reduced by a pro rata share of that fee?
Yes. The committee concluded that while waiving part of the fee is itself fine, the actual fee charged is a material fact in calculating what the lawyer keeps from the PIP carrier's reimbursement, so …
Can a Washington lawyer who took a referred wrongful death case share the contingent fee with the referring lawyer, who is licensed in Canada and not subject to Washington's rules?
Yes, the committee concluded the fee may be shared, on condition that RPC 1.5(e)(2) is met: the division is in proportion to each lawyer's services or, by written agreement, each lawyer assumes joint …
Can a retired founding member who is an honorary bar member be listed as 'Honorary Member' on a law firm's letterhead?
Not without clarification. The committee concluded that 'Honorary Member' alone violates RPC 7.1 and 7.5 because it implies the retired lawyer is a partner and still practicing; listing the lawyer as …
In a workers' comp claim against a self-insured employer, can the injured worker's lawyer directly contact the employer's claims adjuster or third-party administrator who can bind the employer?
No, where that person is represented by counsel or is an employee with authority to bind the employer in an evidentiary sense. The committee concluded RPC 4.2 forbids contacting a represented party, o…
Can a Washington lawyer pay a nonlawyer nonprofit a 'donation' in exchange for case referrals that produce a recovery?
No. The committee concluded that both the lawyer who pays a donation tied to a referral and a lawyer working for the nonprofit who requests it violate RPC 7.2, unless the nonprofit qualifies as a not-…
Can a lawyer who is the guardian of an incapacitated person also appoint himself trustee of that person's special needs trust?
The committee concluded he cannot: because establishing the special needs trust does not necessarily end the guardianship and the guardian's and trustee's duties do not necessarily coincide, holding b…
Can a Washington lawyer join an online attorney-client 'matching' service that charges a flat fee and ranks 'verified' lawyers higher?
The committee concluded the service apparently operates as an impermissible for-profit referral service in violation of RPC 7.2(c) because it makes subjective judgments and does more than ministerial …
Does a county prosecutor have a conflict prosecuting someone who briefly worked on the prosecutor's spouse's political campaign, and is the whole office disqualified?
The committee concluded the elected prosecutor's possible personal-interest conflict is analyzed under RPC 1.7(b), and that even if he is personally disqualified the conflict is not necessarily impute…
Does a law firm owe confidentiality to someone who submits case details through the firm's website, and can it still represent the opposing party?
The committee concluded that lawyers owe a duty of confidentiality to prospective clients even without the then-proposed RPC 1.18, so a firm that solicits information through its website and receives …
After a law firm pitches a prospective client in a 'beauty contest' but isn't hired, can it later represent the opposing party in that matter?
Yes, unless a lawyer learned confidences from the prospective client that could be significantly harmful in the matter. Even then, the firm may proceed if it got an advance conflict waiver, if the inf…
Once an attorney has properly withdrawn a fee from the Client Trust Account at the earliest reasonable time after the interest became fixed, does the attorney have to redeposit the fee if the client later disputes it?
Per California Formal Opinion 2006-171, no. Once a fee has been properly withdrawn from a CTA under former Rule 4-100(A)(2), the funds cease to have trust account status; a later client dispute is a m…
Does the inclusion of a charging lien in a contingency fee agreement require California compliance with former Rule 3-300, including written advice to consult independent counsel and written client consent?
Per California Formal Opinion 2006-170, no. A charging lien is a natural corollary of a contingency fee agreement and does not create an 'adverse interest' under former Rule 3-300, distinguishing *Fle…
Can a lawyer contribute to a memorial fund for a deceased judge organized by a local group that is not a bar association or law school?
No. The opinion concludes that under Rule 3.5(e) a lawyer may not contribute to a memorial for a judge unless the soliciting entity is a law school or an established bar organization not formed primar…
Can a lawyer accept referrals from a trade association he belongs to if he offers the association's members discounted fees?
Yes. The opinion concludes a lawyer may receive referrals from a trade association he belongs to, provided he gives the association nothing of value in exchange for the referrals; the trade associatio…
Can a staff lawyer in an organization be supervised by a nonlawyer manager who reviews his substantive legal work and decides his raises and promotions?
Yes. The opinion concludes a lawyer may be employed by an organization where a nonlawyer is his immediate supervisor and reviews his legal work, so long as the lawyer does not let the nonlawyer direct…
Can a lawyer who represents only the seller conduct a mail-away residential closing in South Carolina when the buyer is unrepresented, and does a buyer's mortgage loan change the analysis?
Nothing in the Rules flatly prohibits a seller-only mail-away closing if the Opinion 05-16 conditions and the Rule 4.3 disclosures to the unrepresented buyer are met, but who the closing attorney repr…
A lawyer represents both a mother and her injured child; the mother (also the child's guardian ad litem) bars discovery of the at-fault grandmother's assets. What must the lawyer do?
The mother's instruction creates a conflict between her and the minor child the lawyer also represents. The opinion concludes that because the minor cannot consent and the mother's interest may be adv…
Can a lawyer be a certified police officer with arrest powers and also serve as the city prosecutor for cases made by that department?
The opinion finds no per se ethical prohibition, but the lawyer must adhere to Rules 3.7, 3.8, 5.2(a), and 5.4(c), and the prosecution of all cases must remain in the lawyer's full discretion. Problem…
When two LLC members both demand the company book after the lawyer who formed the LLC declined to represent either in their dispute, what must the lawyer do with it?
Absent a written engagement letter designating one member as the company's authorized representative, the lawyer must keep the company book until the dispute is resolved. Under Rule 1.15(e) property c…
Can a South Carolina lawyer hire an associate licensed only in another state to handle Social Security cases, and what must the letterhead disclose?
Hiring the out-of-state associate is not aiding the unauthorized practice of law, because handling only Social Security Administration matters falls within a Rule 5.5(d)(2) exception. But under Rules …
When a longtime client has dementia, can the firm represent his daughter in seeking to have her appointed his conservator and guardian ad litem?
The firm may take protective action for a client with diminished capacity under Rule 1.14. If the client's existing power of attorney makes the daughter his legal representative, the firm may represen…
Can a firm let a satellite-office bookkeeper be the only person on site with access to the IOLTA account, and can the associate rely on the owner to supervise?
Possibly, but only if a lawyer actually supervises the bookkeeper with real access to the books and the trust account. The opinion concludes the duties under Rules 1.15(f), 5.3, and 5.4(c) are not 'ar…
When a pro se plaintiff's former lawyer claims a charging lien on the settlement, must defense counsel hold the disputed funds in trust even though neither claimant is her client?
Yes. The opinion concludes defense counsel may not pay all settlement proceeds to the pro se plaintiff; under Rule 1.15(e) she must keep the disputed portion separate in trust until the lien dispute i…
Can a real estate closing lawyer disburse at the closing table up to the amount of collected funds already deposited, before depositing the remaining cash-equivalent funds?
Yes. The opinion concludes a closing lawyer may 'table fund' a transaction by disbursing up to the amount of collected funds (or collected-fund equivalents) that have been deposited, even though other…
Can a lawyer representing a seller accept the buyer's offer to hire her for a later resale of the same property?
Only if the lawyer reasonably perceives no conflict in the current representation and both parties consent after full disclosure; otherwise she should decline. The opinion treats even a pending offer …
Can a closing firm move marked-up recording fees into a non-trust 'Recording Account' before disbursement, and keep the overcharge as profit?
Until the funds are disbursed they remain client funds and must stay in the trust account; a 'Recording Account' holding only the firm's own money is fine and the firm may tender a trust check directl…
Can a law firm hire a marketing company to distribute ads, screen responses, and be paid a percentage of fees from clients it brings in?
The firm may have a marketing company distribute mailed, posted, and door-to-door ads, but the company may not make personal contact, may not screen responses for merit, and may not be paid a share of…
Must a real estate closing lawyer get the lender's or mortgage broker's written informed consent to represent multiple parties, and can the lawyer use an advance consent?
Only if the lender or broker is actually a client. If a client-attorney relationship exists, the lawyer must obtain the lender's informed consent confirmed in writing to multiple representation (or no…
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.