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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A website wants my firm to pay an annual membership fee to host a profile and get access to anonymous consumer requests for legal help, without the site ever recommending a specific attorney. Does that comply with the advertising and fee-sharing rules?
Yes. The panel held the flat annual membership fee is the reasonable cost of advertising permitted by Rule 7.2(c), the arrangement is not a referral service because the site never recommends a specifi…
Can a Michigan judicial candidate announce views on disputed legal and political issues during a campaign?
The opinion concluded that, after Republican Party of Minnesota v. White, judicial candidates may announce their views on disputed legal and political issues because the First Amendment protects that …
Which current and former employees of a represented corporation can an opposing lawyer contact without corporate counsel's consent?
The opinion concluded that counsel adverse to a corporation may, despite a blanket-representation assertion by corporate counsel, contact certain employees: DR 7-104(A)(1) bars contact with current em…
Can an association of court employees charge vendors for booths or let vendors sponsor meals at its educational conference?
The opinion concluded that an association of judicial employees may charge vendors a fee to set up a booth at its educational conference and may permit vendors to sponsor a meal, reception, or similar…
Does a lawyer who only does contract research and writing for other attorneys have to give clients the malpractice-insurance disclosure?
The opinion concluded that an attorney who performs research and writing on a contract basis for other attorneys, but who is not engaged by, does not meet with, and does not advise clients, is not eng…
If a lawyer sits on a municipal planning board, can the lawyer vote on applications brought by the firm's clients or by clients of the lawyer's partners?
No. The opinion concludes a lawyer holding public office may not participate in or vote on a planning board matter involving a current client of the lawyer or a firm colleague, on any side; the lawyer…
Can a law firm sue a company it did transactional work for years ago on behalf of a personal-injury plaintiff, when the firm also represents a bank that lent the company money?
The committee concluded the firm could treat the company as a former client because more than two years had passed with no contact, so Rule 1.9 did not bar a new, unrelated personal-injury suit agains…
Can a plaintiff's lawyer keep negotiating directly with an insurance company's claims adjuster after defense counsel says to stop?
Yes. The committee concludes that contacting the insurer's non-lawyer adjuster is not contact with the represented policyholder, so the plaintiff's lawyer may negotiate with the adjuster over assigned…
In a joint representation where one client agreed up front that the lawyer may share information, must the D.C. lawyer disclose that client's relevant confidences to the other jointly represented clients?
The opinion concludes that where one jointly represented client has consented to disclosure of confidential information (for example, through a retainer agreement stating information 'may be shared' w…
Which communications to prospective class members in a North Carolina class action must carry the 'This is an advertisement for legal services' disclaimer?
Only the ones that solicit employment. The opinion concludes that a court-issued class notice and informal litigation communications by counsel do not require the Rule 7.3(c) disclaimer, but a lawyer'…
Can two North Carolina lawyers each form a single-shareholder professional corporation and have the two corporations form a partnership to practice law?
Yes. The opinion concludes that two lawyers may each form their own professional corporation and have the corporations form a law partnership without violating Rule 5.4(b)'s ban on partnering with a n…
Is a North Carolina lawyer appointed only as a parent's guardian ad litem bound by the Rules of Professional Conduct, and what changes if the same lawyer is also the parent's counsel?
It depends on the role. The opinion concludes that a lawyer serving solely as a parent's guardian ad litem has no client-lawyer relationship and so is not governed by the Rules that impose client duti…
Can a Florida lawyer agree to a settlement clause that limits the lawyer's ability to represent other clients against the same opposing party?
No. A lawyer may not propose or agree to a settlement clause that directly or indirectly restricts the lawyer's right to practice. Confidentiality clauses limited to the settlement terms and general r…
Can a lawyer let an insurer deposit settlement funds directly into the client's own account instead of the lawyer's trust account?
Yes, but only for the client's own share. A lawyer may participate in a settlement where the insurer deposits directly into the client's account only the portion owed to the client, but not where thos…
Can a lawyer who is a principal in an entertainment management company also represent that company's clients through the law firm?
Yes, but only in some matters. The committee concludes there is no per se bar, but the law firm may not represent the client in transactions where the management company's interest in closing the deal…
If a client deliberately stops paying and the retainer says nothing about interest, can a lawyer require the client to agree to interest as a condition of continuing?
Yes. The committee concludes a lawyer may condition continued representation of a deliberately delinquent client on the client's agreement to pay reasonable interest prospectively on the past-due bala…
Can a law firm share confidential client information with a collection agency's employees if they sign on as 'borrowed employees' of the firm to collect the firm's past-due fees?
No, not without each affected client's prior informed consent. The Committee concludes that labeling collection-agency employees 'borrowed employees' does not make them firm employees under Rule 1.05(…
Does a lawyer who drafted a will have a conflict in representing one heir against another in a dispute over the estate?
The committee concluded that the lawyer who drafted the will does not necessarily have a conflict requiring withdrawal where the will's validity, the testator's competency, and confidential communicat…
Can a lawyer use a web-based payment service where client credit-card payments first land in the lawyer's account with the service before going to trust?
The committee concluded that funds belonging to the client must go into a trust account meeting RPC 1.14 and may not pass through the lawyer's account with the service, but that using the service to c…
Can a lawyer disclose that someone was a former client, and represent a new client adverse to that former client, when the former client won't consent?
The committee concluded the lawyer needs no consent to disclose the existence and subject of the prior representation, because a client's identity and the nature of the matter are usually not confiden…
If a settlement offer the client wants to accept requires the lawyer to waive statutory attorney's fees, what must the lawyer do?
The committee concluded the lawyer must promptly convey the offer and abide by the client's decision to accept or reject it, and must satisfy RPC 1.7 if the lawyer's own interest in the fees may mater…
Does a non-compete clause in a lawyer's employment agreement violate RPC 5.6 if it expressly carves out the practice of law?
The committee concluded that the non-compete clause did not violate RPC 5.6(a) because, by its own terms, it reached only post-employment activities not related to the practice of law: it stated that …
If a public defender must tell the court she doubts her client's competency, can she disclose the confidential conversations that prompted the concern?
The committee concluded that even assuming the lawyer must raise a competency concern with the court, RPC 1.6 still bars disclosing the attorney-client conversations that gave rise to it, to the court…
Can a lawyer arrange for a CPA to take over, or buy, the lawyer's tax-return practice if the lawyer becomes disabled or retires?
The committee said a lawyer cannot share fees with or form a partnership with the accountant, must avoid facilitating the unauthorized practice of law, and must get each client's informed consent befo…
How far back does a law firm have to check its former clients when running a conflict-of-interest check?
The committee said that under RPC 1.9 a conflict continues indefinitely once it arises, and under RPC 1.10 a firm must check for conflicts as far back as each of its attorneys has been in practice; th…
Can a contingent fee be calculated on both the client's recovery and the statutory attorney-fee award in a fee-shifting case?
The committee said that so long as the contingency fee agreement is reasonable, a fee structured on both the principal recovery and the statutory fee award does not appear to violate the RPCs, and the…
Can a lawyer refer injury clients to a chiropractor who waives report and testimony fees in return?
The committee said this limited, non-exclusive quid pro quo is not per se unethical, but the lawyer has a mandatory duty under RPC 1.4(b) to explain the arrangement to the client, including the cost s…
Can a retired judge now at a legal aid office represent a client who once appeared before him on the bench?
The committee said that if the retired judge had no personal and substantial participation, while on the bench, in the matter he now wishes to handle, representation does not appear to violate RPC 1.1…
Can a solo lawyer use her nickname as the name of her law firm, like 'XY Law Firm'?
The committee said using an attorney's nickname as a trade name is not ethically improper under RPC 7.1, 7.4, or 7.5, as long as the nickname does not create public confusion about the services provid…
Can a firm advertise under a short version of its name, like 'The Smith Law Firm,' when its real name is longer?
The committee said a firm may use an abbreviated designation such as 'The Smith Law Firm' in advertising, complying with RPC 7.5 and 7.1, as long as the short name is coupled directly with the full fi…
Can a lawyer draft a will for a family member that leaves substantial gifts to the lawyer or the lawyer's relatives?
The committee said RPC 1.8(c) bars a lawyer from preparing an instrument giving the lawyer or the lawyer's parent, child, sibling, or spouse a substantial gift unless the client is related to that rec…
Can a public defense agency give a county funder information from client files to verify billing or run a performance audit?
The committee said RPC 1.6 bars disclosing client confidences or secrets to a funding authority, and a lawyer cannot have the client waive that protection, but the rule does not preclude submitting ti…
Can an Oregon lawyer contact jurors after a trial has ended?
This opinion no longer states current guidance. Oregon State Bar Formal Opinion 2005-9 has been superseded and replaced by OSB Formal Opinion 2005-143, which is the operative opinion on communicating …
Does a law-firm website disclaimer that an 'attorney-client relationship' or 'confidential relationship' is not formed defeat a visitor's reasonable expectation that information typed into the firm's intake form will be kept confidential?
Per California Formal Opinion 2005-168, no. A bare disclaimer that no attorney-client or 'confidential relationship' is formed does not defeat the visitor's reasonable belief that the consultation is …
In New York, can a retired attorney who still does unpaid legal work use 'attorney-at-law' letterhead, and must they disclose that they are retired?
Yes. A New York attorney who is retired (and so may practice without charging a fee) may use professional letterhead identifying as an attorney-at-law, and may but need not state that they are retired…
When an insurance company is a party and represented by counsel, can the opposing lawyer talk directly to its claims adjuster about settlement?
No, not without the actual prior consent of the insurer's lawyer. DR 7-104(A)(1) bars the contact even when the adjuster initiates it, even though the adjuster is sophisticated, and even to speed sett…
Can a lawyer voluntarily testify or give an affidavit about a former client without being subpoenaed?
There is no per se bar, but the lawyer may not voluntarily reveal a former client's confidence or secret unless the client consents, another DR 4-101(C) exception applies, or the information is genera…
If a lawyer holds confidential information from one client that would help another client, does that alone create a conflict barring the second representation?
No, not by itself. Merely possessing embargoed confidential information does not create a conflict; the question is whether either representation would be impaired, namely whether the lawyer cannot av…
Can a West Virginia lawyer hired and paid by a liability insurer to defend an insured agree to follow the insurer's litigation-management or billing guidelines that require approval before discovery, research, or motions?
No, not the restrictive kind. The opinion concludes a lawyer paid by an insurer to defend an insured cannot ethically agree to guidelines that dictate how defense work is allocated, require prior appr…
Can a volunteer lawyer give pro bono help on a consumer Chapter 7 bankruptcy while the lawyer's firm represents some of the debtor's creditors in unrelated matters?
Yes, typically. Representing a Chapter 7 debtor while the firm represents the debtor's creditors in unrelated matters usually creates no DR 5-105 conflict, so the volunteer can rely on an initial-inte…
Can a lawyer for an injured servicemember sign the Army's agreement to protect the government's medical-cost recovery out of any personal injury settlement?
Signing the Army's agreement would create a Rule 1.7(a)(2) conflict where liability is questionable and coverage is limited, because the government's independent claim would lower the client's net rec…
Does a lawyer's partnership or fiduciary relationship with another lawyer reduce the duty to report that lawyer's misconduct, and does telling a prosecutor satisfy the duty?
No on both counts. The opinion concludes a professional or fiduciary relationship does not lessen the Rule 8.3 duty to report a known violation that raises a substantial question of a lawyer's honesty…
When co-counsel agree to split a contingent fee and one lawyer later leaves the case, can the fee still be divided 50/50, or must it track each lawyer's hours?
It depends on when the split was agreed. Under former Rule 1.5(e), an equal split needs the client's written agreement to joint responsibility; absent that, the split is in proportion to services perf…
Can a solo lawyer who only does lobbying name his firm 'John Doe and Associates' and list nonlawyer employees on the letterhead?
No to the name: with only one lawyer, 'and Associates' is misleading and violates Rules 7.5(a) and 7.1. The letterhead is acceptable if 'and Associates' is deleted and the nonlawyer employees are clea…
Can a South Carolina lawyer handle only the closing-table portion of a real estate closing for another firm, leaving the pre- and post-closing work to that firm?
The opinion concludes a lawyer may limit representation to part of a closing if the limitation is reasonable and the client gives informed consent under Rule 1.2(c), but the arrangement carries elevat…
Can a prosecutor offer to dismiss criminal charges in exchange for the defendant releasing civil claims against the police?
No. The opinion concludes a solicitor cannot use the criminal process to obtain a favorable result for a third party in a civil action; conditioning a dismissal on the defendant's release of civil cla…
Can a South Carolina lawyer conduct a real estate closing by mail without the client physically present?
Yes. The opinion concludes a lawyer may conduct a closing by mail if the attorney provides competent representation, keeps every aspect of the closing under attorney supervision, and gives the client …
What should a lawyer do with trust-account funds for a settlement check that an insurer never cashed years ago?
The lawyer must safeguard the funds under Rule 1.15, take all notification steps in Rule 1.15 and Opinion 02-05 (including notice by publication), and then, because an uncashed mailed check is unclaim…
Must a foreclosure lawyer get consent when a title search shows the property also has liens held by other clients the lawyer represents in separate foreclosures?
Yes. Foreclosing against lienholders the lawyer represents in other foreclosures is direct adversity between current clients under Rule 1.7(a), requiring each client's consent after consultation. Unde…
Can a former associate represent a client suing the lawyer's old firm over a matter the associate worked on while employed there?
No, not without consent. Because the associate advised the firm (her client under Rule 1.13) on the very dispute, representing the complaining party against the former firm in that same matter would v…
Can a South Carolina lawyer team with an out-of-state law firm to jointly market entity-formation services where the SC lawyer provides all legal advice?
Yes, if the advertising rules are followed. The South Carolina lawyer must provide all legal advice and supervise the out-of-state firm's fact-gathering. The arrangement is not a referral service beca…
When an estate-planning client has become incapacitated and has a conservator, to whom may the lawyer release the client's file after being discharged?
On withdrawal under Rule 1.16, the lawyer must return the file within a reasonable time, but because the client (not the conservator) is the client, the lawyer must assess the client's capacity under …
Can a lawyer who also owns a title insurance agency advertise that affiliation on the law firm's website, letterhead, and business cards?
Yes, if the advertising complies with Rules 7.1 and 7.5. The current rules no longer bar listing an ancillary business, but the lawyer must observe the conflict rules (1.7 and 1.8) when the law practi…
After a client dies, can the lawyer give a copy of the client's will to another lawyer checking title, and can the client's son waive confidentiality?
The lawyer may decline to provide the will and that decision is not reexaminable, but may provide a copy if the lawyer believes disclosure furthers the deceased client's intent and the client did not …
If a health insurer asserts a subrogation claim on settlement funds and the client tells the lawyer not to pay it, what must the lawyer do?
Because the lawyer has actual knowledge of the subrogation claim, Rule 1.15 requires holding the disputed funds in trust until the dispute between the client and the carrier is resolved, and the lawye…
Can a lawyer hold a client's alimony checks to collect unpaid process-server costs the client incurred during the case?
The lawyer may assert an equitable charging lien and hold only the disputed amount until the dispute is resolved, but the opinion warns the approach is risky here because the checks are payable to the…
If a criminal defense lawyer becomes a necessary witness, must the lawyer withdraw, can the lawyer still help with pretrial work, and can a partner take over the trial?
Rule 3.7 may require the lawyer to withdraw from trying the case, but the lawyer may still handle pretrial matters and preparation. A member of the same firm may serve as trial counsel, because Rule 3…
Can a firm that handled a client's home purchase later represent the homeowners' association in placing a lien on that same home for unpaid dues?
No, not without the former client's consent after consultation. The firm's earlier representation of the buyer at the home purchase is substantially related to filing a lien on that home, and the firm…
Does a lawyer have to report another lawyer for suspected double-billing, and can the lawyer warn the suspected biller's client who is also her firm's client?
No. A mere suspicion of double-billing is not the actual knowledge Rule 8.3 requires, so no report is mandatory, even if the other lawyer brags about billing 15 hours; and Rule 4.2 does not bar contac…
Must a lawyer report opposing counsel who knowingly lied to the lawyer's client about what a court order required?
Yes. Opposing counsel's intentional misrepresentation of a material fact (falsely telling the client a divorce decree required a drug test) violated Rules 4.1 and 8.4, and because it raised a substant…
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.