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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May a Nebraska lawyer serve simultaneously as part-time county attorney in one county and chair of another county's mental health board?
Yes. Both roles act on behalf of Nebraska and do not create a concurrent conflict when performed in separate counties for different individuals, but the lawyer may not prosecute a petition before…
Can lawyers who share an office but keep separate finances, staff, and trust accounts call themselves an LLP 'law firm' partnership?
No. Holding out largely independent practices that do not share profits as a partnership or LLP is misleading to the public under Rules 7.1 and 7.5(d); a firm name may state or imply a partnership…
Can an Illinois lawyer keep representing a school district when a partner in the same firm has brought a proceeding against the district?
Only with informed consent. The partner's proceeding is directly adverse to a current firm client, creating a Rule 1.7 conflict imputed to the whole firm under Rule 1.10; recusing from the matter…
May a Nebraska lawyer disclose client information to defend against a federal agency's civil fraud claim involving the lawyer and clients?
Yes, to the extent the lawyer reasonably believes disclosure is necessary for the defense. The lawyer must limit adverse information to what is needed and seek protective orders or other practical…
Can a lawyer treat an ACH transfer into the trust account as 'collected funds' that may be disbursed for a real estate closing?
No, not right away. Because ACH deposits can be reversed, they may not be treated as collected funds under Rule 1.15 at least until five banking days after receipt, when the window to reverse an…
Can a discharged Illinois lawyer enforce a fee-division agreement with the client's new lawyer without the client's written consent?
No. Rule 1.5(e) requires the client's written agreement to any fee division between lawyers not in the same firm, so a discharged-lawyer/successor split without it is unenforceable. The discharged…
May a Nebraska lawyer sue a former developer client over subdivision covenants the lawyer previously advised on, and does a settlement-only waiver permit the representation?
No. The covenant advice and later enforcement suit are substantially related, and the former client's counsel's email was not informed written consent. A limited waiver also cannot be expanded…
When a deceased client's file is demanded by the estate's personal representative, who was the client's adversary in life, must the lawyer turn it over?
Not without authorization. Confidentiality survives the client's death, so the lawyer may release file items only to the extent the deceased client or the probate court specifically authorized;…
Can an Illinois lawyer withdraw from a divorce when an irrational client refuses to sign a favorable settlement, and can the lawyer ask the court to consider a guardian?
Yes on both. Rule 1.16(b) permits withdrawal where the client makes the representation unreasonably difficult or insists on action the lawyer fundamentally disagrees with. Under Rule 1.14(b)-(c), a…
May a Nebraska lawyer with a contractual retaining lien refuse to release a former client's file until unpaid fees are paid?
A retaining lien may exist under law or agreement, but the lawyer must promptly provide file materials the client is entitled to when withholding them would jeopardize continued representation.…
Must a law firm's billboard advertising in South Carolina name a South Carolina-licensed lawyer, and may the billboard show the likenesses of firm members not licensed in South Carolina?
An out-of-state firm may advertise on billboards in South Carolina and include images of firm members not licensed in South Carolina, if the billboard meets all South Carolina advertising rules.…
Can a lawyer licensed only in another state primarily practice in Illinois if an Illinois-licensed partner supervises the Illinois matters?
No. Rule 5.5(b) bars a lawyer not admitted in Illinois from establishing a systematic and continuous presence in Illinois for the practice of law, even with an Illinois-licensed partner supervising…
May a Nebraska lawyer represent trustees who are also beneficiaries in a dispute with another beneficiary over a trust amendment?
Yes. The lawyer represents the trustees, not the contesting beneficiary, and no adversity or material limitation among the lawyer's own clients was shown. The trustees' personal beneficial interests…
Does letting a title insurance company's third-party auditor conduct an off-site desk review of a lawyer's trust account violate the duty of confidentiality?
It depends on how the audit is conducted. A properly conducted off-site audit does not violate Rule 1.6. The lawyer may share overall account balances and basic reconciliation (no client-identifying…
Must an Illinois lawyer reveal a client's confidential information to prevent a threatened child sexual abuse by a third party?
Yes, where the Rule 1.6(c) test is met. Child sex abuse is 'substantial bodily harm,' so an Illinois lawyer must reveal information relating to the representation to the extent reasonably believed…
How long must a Nebraska successor trustee retain a deceased lawyer's client files, and what efforts are required to locate clients before destruction?
The opinion says client files may be destroyed after five years. It urges consideration of the earlier guidance on client property, future use, and confidentiality; efforts to contact clients should…
If a lawyer holds a mortgage on the property in dispute to secure unpaid fees, does advising the client on a settlement that would make that mortgage more valuable create a conflict of interest?
Not automatically. A mortgage securing the fee is permitted if Rules 1.8 and 1.5 are met; a settlement decision that affects the lawyer's fee does not create a conflict unless the lawyer reasonably…
Does an Illinois lawyer have to tell the court that an unrepresented opponent has a defense the lawyer believes is unenforceable?
No. Rule 3.3's candor duty requires disclosing controlling adverse legal authority, not adverse facts. The lawyer need not alert the court to an agreement that could give the unrepresented opponent…
When may a Nebraska bankruptcy lawyer disclose a client's or former prospective client's concealed inheritance or asset, and when does candor require disclosure?
Rule 1.6 permits necessary disclosure to prevent a future crime or comply with other law, but not merely to reveal a completed crime. Rule 3.3 requires remediation only for counsel in the proceeding…
Can a lawyer form a for-profit mediation firm with non-lawyer mediators and share in its profits?
Yes. Rules 5.4 and 7.2(c) do not bar a lawyer from joining a for-profit mediation firm with non-lawyers and sharing its profits, so long as the firm does no legal work and clients understand it is…
How long must an Illinois lawyer keep client files, trust-account records, and conflict records, and when can routine case files be destroyed?
Client-identity records under Supreme Court Rule 769(1) must be kept indefinitely; trust-account records (Rule 1.15) and financial records (SCR 769(2)) for at least seven years. Routine case-file…
May a Nebraska court staff attorney communicate with represented litigants about court information, settlement paperwork, scheduling, or mediation without their lawyers' consent?
Yes, when the staff attorney is serving the court as a neutral and is not representing a client in the matter. Rule 4.2 applies only in representing a client; the answer reverses if the lawyer…
Can an out-of-state partner who is not licensed in South Carolina be the sole signatory on the firm's South Carolina IOLTA trust account?
No. The arrangement satisfies Rule 1.15 and Rule 412, SCACR, but it violates Rule 417, SCACR, as amended in 2011, which lets only a lawyer admitted in South Carolina, or someone under that lawyer's…
Can an Illinois lawyer who consulted with one spouse about a divorce later represent the other spouse in the same divorce?
Generally no. Under Rule 1.18, the first spouse is a prospective client; if the lawyer received information that could be significantly harmful in the same matter, the lawyer (and the firm) is…
May Nebraska lawyers use client testimonials in advertising, including anonymous or subjective statements?
Yes, if the advertisement is not false or inherently misleading and complies with every applicable Rule. Potentially misleading content may require accurate disclosures or disclaimers, while…
Can an Illinois lawyer label a soliciting mailing 'promotional materials' instead of 'Advertising Material' to satisfy Rule 7.3(c)?
No. Rule 7.3(c) requires the specific words 'Advertising Material'; labeling a solicitation 'promotional materials' does not comply. The labeling requirement applies only to direct solicitations of…
May a Nebraska lawyer sell discounted prepaid legal services through Groupon when the website retains a percentage of the purchase price?
Yes, if the percentage is reasonable advertising compensation and the offer is clear and labeled advertising. Advance funds stay in trust, no relationship forms before conflicts review, and the full…
Can a South Carolina lawyer answer legal questions for pay on a site like JustAnswer.com?
Not on a site like JustAnswer.com. Its use of 'expert,' testimonials and endorsements without required disclaimers, and buried disclaimers that try to deny an attorney-client relationship while…
Can an Illinois lawyer join a business networking group that trades client referrals between members, including nonlawyer professionals?
Yes, with conditions: the reciprocal referrals must be non-exclusive, the client must consent before the lawyer shares the client's name and be told the referral arrangement exists, and the…
May a Nebraska lawyer serving on a county board defend criminal cases against that county attorney, and may other lawyers in the firm do so?
No. The board's budget authority over the county attorney creates a nonwaivable conflict for criminal defense in that county, and Rule 1.10 imputes it to the lawyer's firm. The restriction does not…
Can a lawyer take a contingent fee in a quiet-title action that is paid as a partial ownership interest in the very land being litigated?
Yes, it may be permissible. A contingent fee paid as a partial ownership interest in the disputed real property is allowed under the Rule 1.8(i)(2) contingent-fee exception, but it must comply with…
Can a lawyer practice under a name different from the one on file with the bar, or use a pen name for writing unrelated to law?
Practicing law under a name materially different from the one on the State Bar's records can be misleading under ER 7.1, so a name change must be made on the bar's records first. For activities that…
Could a Utah court refer defendants to service providers from a preapproved roster?
Yes. The Committee allowed an open roster with reasonable, unbiased criteria tied to court needs, followed by neutral referrals through rotation or defendant choice; departures from rotation needed…
Can an Illinois estate planning lawyer charge a fee based solely on a percentage of the value of the client's estate?
No. The opinion concludes that charging a fee calculated solely as a percentage of the estate's value, without regard to time expended and the other Rule 1.5(a) factors, is unreasonable and improper.
May one Nebraska law firm use different trade names and different lawyer listings for offices in separate cities?
Yes, if each name accurately identifies lawyers associated with the firm and the firm clearly explains that the differently named locations are offices of one firm. Both names and office-specific…
Can a lawyer apply a client's unearned retainer surplus left in trust on one matter to cover the client's unpaid fees on a different matter?
No. Unearned fees in a client trust account may be withdrawn only as fees are earned on the matter for which they were advanced or refunded to the client; a lawyer may not move them to offset an…
May an Arizona firm list nonemployee of counsel lawyers on its letterhead and advertising, and how must it identify them?
The opinion permits listing nonemployee of counsel lawyers when the actual relationship supports that designation. It requires conspicuous of counsel identification and says further limits on the…
May a Vermont lawyer split advertising costs with a realtor and lender without paying for referrals?
Opinion 12-01 permits payment for actual shared marketing costs if the lawyer controls compliant content, keeps the businesses distinct, and does not pay for referrals; it separately addresses any…
Can an Illinois lawyer collecting on a bounced check refer it to the state's attorney for criminal prosecution to pressure the debtor in the civil suit?
No. The lawyer may return the check and tell the client the client may pursue criminal charges on the client's own, but the lawyer may not present or participate in presenting criminal charges to…
Can a lawyer who has represented an individual officer or shareholder also represent the closely held corporation, and vice versa?
Yes, if any conflicts are consentable. Representing both a corporation and its director, officer, or shareholder can create conflicts under Rules 1.7 and 1.9, but consentable conflicts can be cured…
Can an Assistant County Attorney serve as a mediator in a case where another lawyer from the same office represents the agency, and what conflicts arise?
Yes, with disclosure. An ACA may mediate a Child Permanency Mediation in which another ACA represents the county DSS, but must disclose his office connection; the ACA representing DSS has a personal…
May a judge volunteer as an auxiliary coach for a child’s school team after board approval?
West Virginia JIC Opinion 2011-23 permits the unpaid coaching role but bars the judge from presiding over cases involving the approving county board of education.
May a mental hygiene commissioner or the commissioner’s partners represent guardianship petitioners in the counties served?
West Virginia JIC Opinion 2011-22 bars the commissioner’s own representation but permits partners under a narrow necessity exception when a circuit judge finds facts and the commissioner has not…
How should judges handle vouchers and recusal after learning of alleged misconduct by a frequent courtroom attorney?
West Virginia JIC Opinion 2011-21 says to refuse vouchers whose validity is doubted, scrutinize charges, and recuse if likely a material witness or if impartiality is reasonably in question.
Can a lawyer answer legal questions in chat rooms or on social media and offer to take the person as a client?
A lawyer may give general answers (not individual advice) to legal questions on real-time or interactive sites like chat rooms, but may not solicit there. If a person specifically asks to retain the…
May a magistrate judicial campaign accept offered endorsements from a county bar association and a police union?
The committee said the campaign committee could receive the offered organizational endorsements under the Code then in force and the revised Code scheduled for January 2012. The opinion addressed…
Does a debt-collection lawyer give prohibited legal advice to an unrepresented debtor by including a legally mandated statute-of-limitations notice in a collection letter?
No. Including a notice whose exact wording is prescribed by law, such as New York City's required statement that the limitations period on a debt has expired, is not 'legal advice' to an…
May a Maryland trial judge serve on a Public Defender Regional Advisory Board?
Yes, but only in board work concerning law, the legal system, or administration of justice. The Committee excluded executive functions such as employee management and funding or budget decisions.
Can a New Hampshire lawyer outsource litigation support like document review, including to a company overseas, and must the client be told?
Yes. Outsourcing does not itself violate the rules, but the New Hampshire lawyer must protect confidentiality, avoid conflicts and improper fee sharing, supervise the work competently, avoid…
Can a lawyer the insurer hired and pays to defend an insured later represent that insured against the same insurer for breach of contract or bad faith?
The committee concluded the answer is no, because there is a significant risk the representation would be materially limited by the lawyer's responsibilities to the insurer and by the lawyer's own…
Can a New York lawyer sell discounted legal services through a 'deal of the day' or group-coupon website like Groupon?
Yes, if the ad is not misleading and discloses that no lawyer-client relationship forms until the lawyer checks for conflicts and competence. The lawyer must fully refund a coupon buyer who cannot…
Can a law firm provide or subcontract lien-search services for its clients, and what can it charge?
Yes, but a firm may not bill clients more than its actual cost for a third-party search, and when it performs lien searches itself or through an affiliate the conduct rules apply to the nonlegal…
In Colorado, when may one lawyer represent both sides of a deal, such as buyer and seller or a husband and wife?
The opinion concludes there is no per se bar to representing multiple parties in a transaction, but the lawyer must first reasonably believe the lawyer can adequately represent each client and then…
May a Utah judge privately advise siblings about an estate claim, negotiate for them, or recommend counsel?
The Committee allowed private legal advice to siblings with a close familial relationship, but not negotiations on their behalf. It allowed retaining or recommending counsel and distinguished…
Can a lawyer oppose a lawyer from the firm where the lawyer's spouse is a partner, and is that conflict imputed to the spouse's whole firm?
Only with the client's informed written consent. A lawyer opposing a five-lawyer firm in which her spouse is senior partner has a personal-interest conflict under Rule 1.7(a)(2); the opposing lawyer…
Can a lawyer personally serve legal process on a party the lawyer knows is represented by counsel?
Yes. Service of process is authorized by law, so the no-contact rule does not bar it; the lawyer may confirm identity and ask for an acknowledgment of receipt, but may not go beyond service to…
Can a full-time prosecutor accept appointment to a court referee panel and oversee foreclosure proceedings?
Yes. No per se rule bars a full-time Assistant District Attorney from serving as a foreclosure referee, but Rule 1.7(a)(2) conflicts must be avoided case by case, and Rule 1.12 restrictions may…
Can an insurance defense lawyer send a settlement-payment notice directly to a represented claimant, without opposing counsel's consent, when a Texas Department of Insurance bulletin encourages it?
Per the Committee, no. The notice is a communication about the subject of the representation with a represented person, barred by Rule 4.02(a) absent the other lawyer's consent or authorization by…
When a paralegal moves to a firm on the opposing side of a matter she worked on at her old firm, is the new firm disqualified, or can screening cure the conflict?
The opinion concludes that a nonlawyer's disqualification is not imputed to the new firm so long as the nonlawyer is screened from information about, and participation in, the matters she worked on…
Can an Ohio judge recommend or endorse a lawyer who is running for an elected office in a bar association?
The opinion concluded that a judge may not recommend or endorse a candidate for a bar association elective office. By providing such recommendations or endorsements, a judge abuses the prestige of…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Weight varies by state: Most bar opinions are advisory, not binding like court discipline decisions, though formal opinions carry substantial weight. Some states go further: Georgia and Virginia opinions approved by the state supreme court bind lawyers there, New Jersey's bind the ethics committees that decide grievances, Rhode Island and Alabama protect the lawyer who asked for an opinion and followed it, and Utah and North Dakota protect lawyers who rely on one. Each opinion page says how much weight its opinion carries.
- 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.