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 criminal-defense lawyer take possession of stolen property to return it, accept a retainer that may be the fruits of a crime, or take custody of a client's murder weapon?
A lawyer may help return stolen property to its owner absent an unlawful purpose, and may accept a retainer unless the lawyer knows the funds are the fruits of a crime; but a lawyer may not accept phy…
Can a lawyer reveal confidential client information to defend against a former client's malpractice claim in a fee dispute or to answer a bar complaint about the representation?
Yes: RPC 1.6(b)(4) lets a lawyer reveal information relating to the representation to the extent reasonably necessary for self-defense, including to establish a claim or defense in a controversy with …
Can an Oregon lawyer stop working on a client's lawsuit until the client pays overdue legal fees?
Not unilaterally. The opinion concludes a lawyer may seek the court's leave to withdraw for nonpayment under Oregon RPC 1.16, but if the court refuses leave, the lawyer must continue to represent the …
What ethical duties apply when a California lawyer learns that a former client has been designated as an opposing party's expert witness in a current case?
Whether the lawyer can take or continue the representation depends on whether the lawyer holds confidential information from the former client that is material to the new matter. The opinion concludes…
Can a North Carolina lawyer threaten to report an opposing party or witness to immigration authorities to gain leverage in settling a civil case?
No. The opinion concludes that a lawyer may not threaten to report an opposing party or witness's undocumented immigration status to immigration authorities in order to gain an advantage in civil sett…
When a North Carolina lawyer represents the buyer in a residential closing, can the lawyer prepare the deed for an unrepresented seller without becoming the seller's lawyer?
Yes, with disclosures. The opinion concludes a buyer's lawyer may prepare the deed as an accommodation to her client without representing the seller, provided she first tells the seller that she repre…
As court-appointed defense counsel, can I give the court a detailed fee statement describing the records I reviewed, my research topics, and whom I contacted, to get paid?
Only with the defendant's informed consent. The Committee concludes the detailed statement reveals confidential information under Rule 1.05, so an appointed lawyer may submit a general description of …
Can a D.C. lawyer offer unbundled (limited-scope) legal services, such as drafting documents for a client who otherwise proceeds pro se?
The opinion concludes that unbundled (limited-scope) legal services are permissible under Rule 1.2(c), so long as the client is fully informed of the limits on the scope of the representation and thos…
Can a lawyer who represents one spouse in a settlement advise the other, non-client spouse about signing the release?
The opinion concludes that the lawyer may not give the non-client spouse legal advice about waiving rights in a release unless both the client and the spouse agree to joint representation and waive th…
Can a lawyer agree to handle only a discrete task for a client, and must the lawyer tell the court when it has ghostwritten or limited its help?
The opinion concludes a lawyer may agree to limit representation to a specific, discrete task under ER 1.2(c) if the limitation is reasonable and the client consents, provided the lawyer has enough kn…
What must a lawyer do after learning that false evidence was put before a tribunal because a client lied, in a civil case?
The opinion concludes that the duty of candor to the tribunal overrides the duty to protect a (former) client's confidences, so the lawyer must take reasonable remedial measures to undo the effect of …
What must a lawyer do to keep electronic client files confidential and safe from hacking, viruses, or loss?
The opinion concludes that ER 1.6 and ER 1.1 require a lawyer to act competently to safeguard client information. Storing client information electronically, on internet-connected systems or not, is no…
Can an Arizona lawyer advertise that the lawyer is listed in The Best Lawyers in America?
The opinion concludes that, under ER 7.1 as amended in 2003, it is ethical for an Arizona lawyer to advertise a listing in The Best Lawyers in America. The amendment deleted the prior flat ban on comp…
When a conflict is thrust upon a firm mid-representation (for example by a client's acquisition) and one client won't consent, must the firm drop both clients?
No. For a genuinely unforeseeable 'thrust upon' conflict that arose through no fault of the lawyer and does not risk material confidences, the firm is not always required to withdraw from both. It may…
What must a criminal defense lawyer do when the client insists on committing perjury?
The lawyer must first try to persuade the client to testify truthfully; if the client still insists, the lawyer must disclose the client's intent to commit perjury to the court and move to withdraw, b…
When a judge or prosecutor asks defense counsel whether a client is complying with a call-in bond condition, what should counsel say?
Counsel should treat the information as confidential under Rule 1.6 and respond that it is protected attorney-client information, unless the client has consented to disclosure or a judge specifically …
Can a legal aid clinic lawyer give Tennessee pro se litigants limited 'unbundled' help without becoming their counsel of record?
Formal Ethics Opinion 2005-F-151 concludes that a Pro Se Clinic lawyer may provide limited, unbundled assistance (advice and document preparation) to a self-represented litigant if the limitation is r…
Can a former magistrate, now in private practice, represent someone in post-decree matters from a divorce the magistrate heard?
The opinion concluded that under DR 9-101(A) it is improper for a former magistrate, now practicing law, to represent a person in post-decree matters (such as custody, parenting time, child support, o…
A lawyer represents a wife on a personal injury claim and her husband on a loss of consortium claim, and the husband has vanished. Can the lawyer settle the wife's claim?
Not without both clients' informed consent, because settling the wife's claim would bar the missing husband's derivative claim, creating differing interests. The lawyer must take all reasonable steps …
As a former assistant public defender, I once represented a murder defendant who later testified against a co-defendant under a plea deal. My future law partner currently represents that co-defendant. The co-defendant is willing to waive any conflict and have me screened. If I join the new firm, will my old conflict spread to the whole firm, and does screening fix it?
The conflict does impute to the new firm, and screening alone does not fix it. The panel held Rule 1.10(b) imputes the inquiring attorney's conflict to the new firm because the two defendants' interes…
My workers' comp client was convicted of a crime and served time, including home confinement, while collecting weekly benefits he wasn't entitled to during that period. He won't let me tell the employer or insurer. Do I have to disclose it myself, and can I keep representing him?
You can't disclose without consent, but you can't keep helping him either. The panel held Rule 1.6 bars disclosing the client's imprisonment to the employer or insurer absent consent, but if the clien…
Can a Kentucky lawyer participate in a collaborative law process, including a four-way full-disclosure agreement and a clause disqualifying both lawyers from litigation if no settlement is reached?
Qualified yes. The opinion concluded a lawyer may participate in collaborative law, including full-disclosure and disqualification provisions, so long as the agreement does not override the lawyer's e…
Can a non-profit recoup the cost of a lawyer's retainer from the contingent fees the lawyer earns on referred cases?
The opinion concludes that a non-profit's arrangement to pay an attorney a $10,000 annual retainer for handling small day-laborer compensation claims on a contingent-fee basis, and then receive back t…
Does a New Mexico lawyer have to report another lawyer's unreasonable fee?
The opinion concluded that charging an unreasonable fee is misconduct, and that a lawyer with knowledge of it has a mandatory duty under Rule 16-803 to report it to the appropriate authority; a lawyer…
Can a lawyer for the opposing party interview a represented corporation's lower-level employees without going through the company's counsel?
The Committee concluded that yes, within limits. Following the Nevada Supreme Court's decision in Palmer v. Pioneer Inn Associates, the no-contact rule (SCR 182, now NRPC 4.2) bars ex parte contact wi…
Can a lawyer tell the police that a client's business partner is the suspect in a crime against the lawyer?
It depends on the source. If the lawyer's suspicion comes from confidential client information, disclosure requires the client's consent after consultation. If it comes from the lawyer's own direct ob…
Can a lawyer represent a client's son in a guardianship petition against that same long-time client?
No, on these facts. The lawyer would be adverse to a current or former client and could not satisfy the consent requirements of Rules 1.7 and 1.9, and she is also likely to be a necessary witness, whi…
Can a lawyer get a client to consent in advance to future conflicts of interest, and when does that waiver actually hold up?
Yes, more broadly than before. The opinion concludes amended Rule 1.7 lets a lawyer obtain informed consent to a wider range of future conflicts, and that open-ended consent is most likely effective f…
If a criminal client tells the lawyer he will commit suicide rather than go to jail if convicted, may the lawyer disclose that threat to the court or others?
Yes, but only as a matter of discretion. The opinion concludes that under Alaska RPC 1.14(b) the lawyer may disclose a client's stated intent to commit suicide to appropriate authorities, but is not r…
In New Jersey, can a lawyer who represents an estate's executor (or who is the executor) list the estate's real estate with a brokerage that employs the lawyer's spouse, if the spouse earns no commission on the sale?
Only with strict RPC 1.8(a) compliance. The Committee assumes that any referral to a real-estate agency in which the lawyer or the lawyer's spouse has a business interest benefits the lawyer, even whe…
After successfully mediating a divorce, can a Utah lawyer-mediator draft the settlement agreement and court pleadings for both parties?
The majority concludes no: drafting the settlement and divorce pleadings is the practice of law, and a lawyer may not represent both opposing parties in litigation under Rule 1.7(a). The lawyer-mediat…
Can I borrow money for case expenses from a finance company and agree to pay the lender a percentage of my contingency fee in the case?
No. The Committee concludes that agreeing to pay a finance company or other lender a percentage of the lawyer's contingency fee is sharing legal fees with a non-lawyer in violation of Rule 5.04(a), an…
Can I keep representing a client who disagreed with my settlement recommendation and then consulted a malpractice lawyer about my handling of the case?
Only conditionally. The Committee concludes that once a client has consulted a malpractice lawyer about the representation, the lawyer's personal interest in a possible malpractice claim creates a Rul…
Do the rules of professional conduct apply to an inactive lawyer, and can an inactive lawyer running a side business pay referral fees?
The opinion concludes that an inactive Arizona lawyer who is not practicing law must still comply with the Rules of Professional Conduct. Such a lawyer may pay a referral fee to a third party for a no…
Can a lawyer who also runs a separate investment advisory business accept referral fees for sending people to an investment firm?
Under ER 5.7 (adopted in 2003), the opinion concludes a lawyer running a separate investment advisory business may refer non-clients to an investment firm that pays the lawyer a referral fee, if the l…
When a lawyer represents a legal services nonprofit pro bono, can the lawyer pay litigation expenses without the organization remaining liable for them?
Only if the organization itself is indigent. The committee holds that a legal services provider is not indigent merely because it serves the poor or wants to spend its money on its mission; indigence …
At sentencing, if the judge asks defense counsel about the client's prior convictions, can the lawyer answer?
Only with the client's informed consent. Otherwise, defense counsel must respectfully decline to answer in a way that does not mislead the court, because information about the client's prior convictio…
If a former client claims the lawyer's advice confused him, can the subpoenaed lawyer testify about their privileged discussions to prevent a fraud on the court or clear the lawyer's name?
No. Absent a court order, a subpoenaed lawyer may not divulge any attorney-client information, either to the prosecution or in open court, even though the former client has attacked the lawyer's advic…
Can a Virginia lawyer disclose a former client's file to a third party because a private agreement seems to require it?
No. The opinion concludes a contract is not 'law' under Rule 1.6(b)(1)'s disclosure exception, so a lawyer holding a former client's confidential file may not turn it over based on a private agreement…
Does a Mississippi law firm have to submit its website to the Bar before using it, and does pointing readers to the site count as solicitation?
The opinion concludes a law firm website is an advertisement but is exempt from pre-dissemination submission under Rule 7.5(b)(8) when reached through a browser search the viewer initiates; including …
In a county with more than one county court judge, can the law partners of a part-time judge appear before another county court judge?
The opinion concluded that in counties having more than one county court judge, it is proper for the law partners and associates of a county court judge to appear in county court before another county…
If a North Carolina law firm uses a nonlawyer to represent Social Security claimants, must it disclose that in its advertising and to the client, and is the nonlawyer bound by the ethics rules?
Yes on all counts. The opinion concludes that a firm advertising Social Security representation must disclose when a nonlawyer will provide it, because omitting that fact is materially misleading unde…
An insurer assigned me to defend its insured in a car-accident lawsuit. The insured has refused to meet with me and now can't be located, even after hiring investigators here and abroad. Do I have to enter an appearance and answer the complaint anyway?
No, and you may not. The panel held no attorney-client relationship was ever established because the insured refused to meet with the lawyer and cannot be located, so the Rules neither require nor per…
My insurance-company client assigned me to defend Physician A in a malpractice suit; Physician A was later dismissed. Now the same insurer wants me to represent Physician C, a non-party witness in the same case who's worried about being added as a defendant, at a deposition. Can I represent Physician C when my former client Physician A was a co-defendant in the same lawsuit?
It depends on whether the two physicians' interests are actually adverse. The panel held the attorney must first determine whether Physician C's interests, or testimony, are materially adverse to form…
Can a lawyer report a client who fails to pay legal bills to a credit reporting agency?
The opinion concludes the fact and amount of an unpaid legal bill is a client secret under MRPC 1.6, so a lawyer may report it to a credit agency only with the client's prior written consent, after a …
When a D.C. lawyer represents an organization's officer or director personally (not the entity), how should the lawyer handle the role and later conflicts adverse to the organization?
The opinion concludes that a lawyer who personally represents a constituent of an organization (a board member, officer, or special-committee member) should make clear at the outset that the lawyer do…
Does a would-be client create an attorney-client relationship, or a duty of confidentiality, just by sending a lawyer unsolicited information, including through the lawyer's website?
The Committee concluded that a prospective client's unilateral act, such as sending an unsolicited letter, generally does not by itself create an attorney-client relationship, though one can arise by …
When a third party (such as a medical-lien holder) claims part of a client's settlement, what must the lawyer holding the funds do, especially if the client says don't pay?
The Committee concluded that under SCR 165 (now NRPC 1.15) a lawyer owes duties to a third party only when that party 'has' an actual interest in the specific funds (an assignment, statutory or contra…
If a lawyer learns a child has been abused, does the duty of confidentiality or Nevada's mandatory child-abuse reporting statute control?
The Committee concluded, under the rules then in force, that SCR 156 (the predecessor to NRPC 1.6) required the lawyer and the lawyer's legal assistants and law-student attorneys to keep child-abuse i…
If a client secretly makes a side deal that renders a signed court stipulation false, must the lawyer tell the court, and can the lawyer reveal it?
Under the version of Rule 3.3 the committee applied, because the false stipulation amounted to the client's own offer of false evidence, the lawyer's duty was to seek to withdraw without disclosure, n…
How long must a New Mexico lawyer keep a closed client file, and what must the lawyer do before destroying it?
The opinion concluded that a lawyer generally must keep a client's file for five years after the representation ends, must review the file and return original or client-property documents before destr…
Does a deputy county attorney who signs and swears to a charging affidavit become a witness in the case, in violation of the lawyer-as-witness rule?
No. The opinion concludes that signing a charging affidavit does not make a prosecutor a necessary witness under Rule 3.7, because the affidavit supports the court's probable-cause finding rather than…
Can two law firms describe themselves as 'affiliated' or 'associated' on their letterhead, and what conflict and confidentiality duties follow?
The opinion concludes two firms may use 'affiliated' or 'associated' if the label truthfully describes a close, ongoing relationship and is not misleading under Rules 7.1 and 7.5. But once they hold t…
When does a Virginia prison attorney who helps inmates with filings form an attorney-client relationship, and must he disclose his help to the court?
The opinion concludes a prison attorney who merely types an inmate's own words is not in an attorney-client relationship and need not disclose his role, but once he provides legal advice or actually d…
Can a law firm let a software vendor access client files on its system for technical support?
Yes. Clients are deemed to impliedly authorize the access under Rule 1.6(a), as with a billing service, but the firm must make reasonable efforts under Rule 5.3(b) to ensure the vendor protects the co…
What can a lawyer do when a depressed client won't help prepare for trial and forbids a continuance?
Under Rule 1.14 the lawyer may enlist the client's family and a close friend to persuade him to cooperate, while keeping his depression confidential. If that fails, the lawyer must weigh the harm of g…
Can a lawyer keep a valuable gift from a client and prepare the gift tax return for it?
A lawyer should not accept a substantial gift without first advising the client to get independent counsel, and may not prepare the gift tax return or any instrument that effects the transfer to the l…
Can a lawyer contact a represented opposing party just to get their lawyer's contact information?
Yes. A communication intended solely to learn the identity of and contact information for the other person's lawyer is not a communication 'about the subject of the representation,' so it does not vio…
When a Kentucky lawyer leaves a law firm, who has to notify the clients, can the departing lawyer contact former and firm clients, and can the lawyer take client files to the new practice?
Current clients must be notified (by the departing lawyer, the firm, or both) and decide who represents them going forward; the departing lawyer may contact former and firm clients only within the adv…
Years ago, before I became town solicitor, two residents consulted me about the town's plan to close a landfill and monitor groundwater there. I never took on their representation. Now, as solicitor, I'm handling a dispute over siting a new municipal facility on an adjacent lot, and those same two residents are opposing it as part of a citizens group. Do I have a conflict?
No. The panel held the current facility-siting controversy is not the same or substantially related to the earlier landfill-closure and groundwater consultation, so Rule 1.9 does not bar representing …
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.