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 real estate lawyer privately finance the purchase and construction of a home for a contractor client the lawyer regularly represents?
Yes, if the lawyer satisfies Rule 1.8(a): the transaction must be fair and reasonable, fully disclosed in writing the client can understand, the client must have a reasonable chance to consult indepen…
Can a former prosecutor work on a civil case against an institution they investigated as a public official, and can the new firm still take the case?
No, not without the government agency's consent: a former deputy solicitor who personally and substantially investigated a boys' home while prosecuting an abuse case is barred by Rule 1.11(a) from wor…
Can a lawyer represent a client against a witness who is the lawyer's former client from an unrelated matter, and cross-examine that former client?
Yes to the representation, with limits on cross-examination. The opinion concludes the lawyer may represent the new client in an unrelated matter, but may cross-examine the former client only without …
Can a lawyer who mediated a divorce draft the dissolution documents for both unrepresented spouses to file pro se?
No. The opinion concludes a lawyer-mediator who drafts the judgment of dissolution and related agreements for two unrepresented spouses ends up representing both adverse parties in violation of Rule 1…
Is a Virginia lawyer disqualified from serving as guardian ad litem because opposing counsel is a former law partner?
No. The opinion concludes a lawyer serving as guardian ad litem has no conflict of interest merely because opposing counsel was once a partner, where the lawyer never worked on or learned confidential…
When a client hands a lawyer documents taken from an employer without authorization, must the lawyer return them, notify the other side, and can the lawyer use the information?
The opinion concludes there is no single answer; the lawyer's duties turn on the documents' nature, how the client got them, whether they contain privileged material, and whether other law or a court …
Does a lawyer who emails a document containing metadata that reveals client confidences violate the duty of confidentiality?
Lawyers must exercise reasonable care when transmitting documents by email to prevent disclosure of confidences and secrets contained in metadata. What reasonable care requires varies with the circums…
A matrimonial lawyer certified a client's financial statement to family court and later learns it omitted substantial assets through the client's fraud. Must the lawyer withdraw the statement?
Yes. The lawyer must call on the client to correct the fraud, and if the client refuses, must withdraw the false financial statement and disclose confidences to the extent implicit in that withdrawal.…
When representation ends, can a lawyer keep copies of the client's file even if the client objects, and can the lawyer demand a malpractice release in exchange for not keeping copies?
Yes to both. A lawyer may generally retain copies of the file at the lawyer's own expense, even over the client's objection. As a condition of giving up that right, the lawyer may seek a release from …
Can a lawyer who represents a liability insurer also represent a plaintiff suing one of that insurer's policyholders?
Usually, unless the insurer is a party or information is at stake. The opinion concludes the simultaneous representation is not directly adverse to the insurer unless the insurer is a named party, but…
Can a lawyer draft a will disinheriting someone the lawyer represents on other, unrelated matters?
Usually yes. The opinion concludes there is ordinarily no conflict in drafting an instrument disinheriting a beneficiary the lawyer represents elsewhere, because a beneficiary has only an expectancy a…
Can a judge ask local businesses to donate items used as rewards for defendants in a mental health court?
The opinion concluded that under Canon 1, 2, and 3(C)(1) a municipal court judge may not prepare and sign a letter asking local businesses to donate small items for use as rewards and incentives for m…
Can corporate counsel block opposing counsel from interviewing employee fact-witnesses by asserting that counsel represents all of them?
Only where counsel has actually formed an attorney-client relationship with each employee-witness in compliance with Rule 1.7 (informed consent to joint representation, with notice of possible withdra…
Can a lawyer refer clients to a cooperative the lawyer co-owns that provides non-legal, law-related services, and share in its profits?
It is not per se unethical. The opinion permits a lawyer to refer clients to a lawyer-formed cooperative offering non-legal, law-related services (such as trust administration) and to share in its pro…
Can a Texas lawyer co-own a chiropractor's practice, refer injury clients to that chiropractor, and share in the profits, including profits from the referred clients?
No. The Committee concludes the arrangement violates Rule 2.01 because it would prevent the lawyer from exercising independent professional judgment and giving candid advice about the client's medical…
If a D.C. lawyer is approached by someone who wants to sue an existing client and the lawyer declines, may the lawyer refer that person to another lawyer?
The opinion concludes that a lawyer who declines to take on a person seeking representation adverse to an existing client may refer that person to another lawyer. Recommending competent counsel does n…
Can a North Dakota lawyer keep a fee-splitting agreement with another lawyer who has since been suspended, and pay that lawyer a share of the fee?
Under Rule 1.5(e), the lawyer may pay a now-suspended lawyer only for services that lawyer actually performed before the suspension, and only in an amount proportionate to that work; paying for post-s…
I withdrew from a case and I'm holding a former client's arbitration award in an interest-bearing account in the client's name. The client keeps refusing the check based on a mistaken belief about a collateral matter. What am I supposed to do with the money?
Keep holding it in trust. The panel held the attorney is doing everything Rule 1.15 requires by holding the undisputed funds in a separate interest-bearing account for the client's benefit, and if the…
Can a lawyer pay a marketing company a flat fee for a bundle of pre-screened client leads, here for federal tax-relief clients?
No. Paying a marketing organization for leads to potential clients is compensation to obtain employment, which DR 2-103(B) prohibits, and neither of that rule's narrow exceptions applies.
When a Maine client asks for the file, must the lawyer turn over everything, including the lawyer's notes and internal memos?
Not everything. The opinion concludes the lawyer must deliver client property plus any material of value to the client not otherwise available, but generally need not turn over time records, internal …
Should a solo lawyer arrange in advance for someone to administer the client trust account if the lawyer dies or becomes disabled, and how?
The opinion concludes that, consistent with the fiduciary duty under ER 1.15 to safeguard client funds, it is prudent for a lawyer to arrange in advance for the trust account to be administered if the…
I used to represent a husband and wife together on the wife's immigration status. The applications were withdrawn and the marriage has now broken down. The wife wants me to represent her in a new application where she'll claim the husband subjected her to extreme cruelty. Can I take that case?
No, and the conflict can't be waived. The panel held Rule 1.9 bars the representation because the wife's new application is substantially related to the prior joint immigration applications and materi…
Can a North Carolina solo lawyer name or trade-name his firm 'North Star Law Office' when it leases space from and takes referrals from North Star Financial Group?
No to both. The opinion concludes the firm's official corporate name must contain a shareholder's surname under the State Bar's professional-entity regulations, so 'North Star Law Office' cannot be th…
Can a North Carolina lawyer advertise 'no fee unless you recover' in a contingent-fee case without mentioning that the client may still owe litigation costs?
It depends on the wording. The opinion concludes that 'no recovery, no fee' style statements are misleading under Rule 7.1 unless the lawyer always makes repayment of advanced court costs and litigati…
Can a prosecutor handle a habitual-felon case against a former client whose prior conviction the prosecutor once defended, or a defense lawyer handle a case built on a conviction he once prosecuted?
The opinion concludes a prosecutor may not try a habitual-felon case against a former client if effective cross-examination would require confidential information from the prior representation, and a …
Can an insurance defense lawyer who represents both the insured and the insurer give the insurer a full settlement-value evaluation, and recommend whether to settle?
The opinion concludes the lawyer may give both the insured and the insurer a full, candid evaluation of liability, verdict range, and likely settlement, but may not recommend that the insurer decline …
Can an Oklahoma lawyer advertise specific jury verdict or settlement amounts they have obtained?
Yes, with conditions. The committee concluded a lawyer may list specific verdict or settlement amounts in advertising if the statement does not breach the duty of confidentiality, is factually accurat…
What rules apply to an Ohio lawyer's advertising in telephone directories?
The opinion concluded that telephone-directory advertising is governed by DR 2-101(B)(2) and generally by the publicity rules in DR 2-101 to DR 2-105: among other limits, no trade names, no misleading…
Can an Ohio lawyer be 'of counsel' to an out-of-state firm, or an out-of-state lawyer 'of counsel' to an Ohio firm?
The opinion concluded that an Ohio attorney in an Ohio firm may become 'of counsel' to a lawyer or firm in another state if the relationship does not violate that state's rules or laws, and an out-of-…
Can a part-time municipal court judge appoint their own son or daughter to serve as acting judge during a vacation?
The opinion concluded that it is improper under both the Ohio Code of Judicial Conduct and Ohio Ethics Law for a part-time municipal court judge to appoint a son or daughter as acting judge; the appoi…
Can a lawyer set up a mutual client-referral arrangement with a chiropractor?
The opinion concluded that an attorney may send a chiropractor a letter asking to meet about the attorney's services, but may not enter a mutual referral agreement, reward or compensate the chiropract…
Can a lawyer take a mortgage on a client's home to secure payment of a legal fee?
The opinion concluded that a lawyer may take a mortgage on a client's home to secure a legal fee as a business transaction under DR 5-104(A), requiring full disclosure and client consent; if the home …
If a Virginia firm hires the secretary or paralegal from opposing counsel's firm, must it withdraw from the shared case?
No. The opinion concludes the conflict rules (Rules 1.7 and 1.9) apply only to lawyers, so hiring opposing counsel's non-lawyer staff does not automatically disqualify the hiring firm; the firm may st…
When firms merge, can the old firm condition payouts of already-earned fees on each partner staying with the merged firm, or does Rule 5.6(a) bar that?
The opinion concludes that an agreement distributing a pre-merger firm's already-earned (but later-paid) profits only to partners who keep practicing with the post-merger firm violates Rule 5.6(a), be…
Can a municipal solicitor represent the city before a zoning board that the solicitor also represents?
Normally yes. Because the dual role is mandated by the municipal charter and is a common feature of government lawyering, the solicitor may appear before a client agency in unrelated matters. But Rule…
Can a lawyer for a joint venture sue one of its partners on behalf of a new client in an unrelated matter?
Only after checking several conflict questions. The lawyer must first decide whether representing the joint venture also created an attorney-client or fiduciary relationship with that partner, and whe…
Can a Virginia lawyer garnish a former client's unearned fees sitting in the new lawyer's trust account to collect unpaid fees?
The opinion concludes it is not a per se ethics violation to garnish a former client's advanced (unearned) fees held in successor counsel's trust account to collect a fee judgment, because those funds…
Does a Virginia lawyer have a former-client conflict when his firm partner once represented people who are now adverse parties, even years later and now suing as trustees?
The opinion concludes the scenario must be analyzed under Rule 1.9: none of the proffered escape hatches (a 19-year gap, a title company doing the title work, the clients now holding land as trustees,…
Must a Virginia lawyer disclose to opposing counsel that he sent a letter supporting a judge in a judicial-inquiry proceeding?
No. The opinion concludes a lawyer's letter of support to the Judicial Inquiry and Review Commission is citizen participation in a government process, not a 'thing of value' given to influence the jud…
What must a Tennessee lawyer do after receiving an opposing party's confidential or privileged documents that were clearly sent by mistake?
Formal Ethics Opinion 2004-F-150 concludes that a lawyer who receives an adversary's documents that on their face appear privileged or confidential, under circumstances making clear they were not inte…
What kinds of claims in Tennessee lawyer advertising count as false or misleading under RPC 7.1, including past results, testimonials, and 'best lawyer' claims?
Formal Ethics Opinion 2004-F-149 concludes that, under RPC 7.1, lawyer ads may not refer to prior results (damage awards, settlements, verdicts) unless they also state the specific factual and legal c…
When a government lawyer represents an agency, who is the client, and when can the lawyer also represent the agency's officials or employees in a civil case?
A government lawyer's client is ordinarily the agency, not the public at large or the individual official. The lawyer may also represent an employee personally only if a disinterested lawyer would fin…
If the statute of limitations is about to expire and the lawyer cannot reach the client to confirm authority, may the lawyer file the lawsuit anyway?
The opinion concludes the lawyer may file the complaint if she reasonably believes the client authorized the suit and is relying on her to file, or that failing to file would materially and adversely …
An insurer wants one lawyer to defend two insured co-defendants, one of whom can claim indemnification from the other and the claim exceeds the policy limits. Can the lawyer represent both?
Only if a disinterested lawyer would believe both can be competently represented, the defendant with the indemnification claim agrees not to assert it as a cross-claim, and both consent after full dis…
A lawyer already owns land that is the subject of an annexation dispute between two towns. Can the lawyer represent one of the towns in the litigation over that land?
Yes, if the lawyer's interest is aligned with the client's, the client consents after full disclosure, and the lawyer is not likely to be a witness on a significant issue. DR 5-103(A) bars only acquir…
Is a public defender's office treated as a single firm for conflict-imputation purposes?
The opinion concluded that, for purposes of imputed disqualification resulting from a conflict, the Office of the Public Defender or Federal Public Defender is a firm within the meaning of HRPC 1.10(a…
Does a lawyer have to report another lawyer's misconduct when that other lawyer is licensed but does not practice law?
Yes. The opinion concludes that Rule 8.3 requires reporting a licensed lawyer's misconduct, even conduct entirely removed from law practice, when it raises a substantial question about honesty, trustw…
Can a lawyer contact a former employee of a represented corporate party without the company's lawyer's consent?
Yes. The opinion concludes Utah Rule 4.2 does not bar contacting an unrepresented former employee of a represented organization, because Rule 4.2(c) reaches only current control-group members and curr…
When an insurer or a court pays a lawyer to defend a client, must the lawyer get the client's written informed consent and explain the fee and scope in writing?
Yes. Under Montana's 2004 rules, a lawyer paid by an insurer to defend its insured must obtain the insured's written informed consent under Rule 1.8(f) and communicate the scope, fee rate, and the cli…
Can a law firm be named on a business client's website, and can it be called the company's 'preferred attorneys'?
The opinion concluded that a law firm may be identified by name and logo on a business client's website (not false or misleading), but may not be called the company's 'preferred attorneys' (misleading…
Can a judge start and chair a court arts committee, work with a nonprofit arts foundation, and accept donated artwork for the courthouse?
The opinion concluded that a municipal court judge may establish and chair an arts committee to commission an artist and choose artwork for the court's historic building, may collaborate on the commit…
Can a court accept a donation of firearms from a company for use in court security?
The opinion concluded that under the Ohio Code of Judicial Conduct a municipal court judge should not accept a donation of ten carbines to the court's probation department for court security, because …
Can a lawyer use a contingent fee to pursue assets an ex-spouse hid during a divorce, after the dissolution is already final?
Yes, on these facts. Once the dissolution and property settlement are final, the policy behind Rule 1.5(d)'s ban on domestic-relations contingent fees no longer applies, so a contingent fee to chase h…
If I'm a Texas lawyer serving as a state senator or representative, can I represent private clients in courts within my legislative district?
Yes. The Committee concludes that holding state legislative office does not by itself bar a lawyer from representing clients in city, county, and state courts in Texas, including courts in the lawyer'…
Can I call an expert witness whose employer has a contingent fee interest in the outcome of my client's case?
No. The Committee concludes Rule 3.04(b) bars a lawyer from using an expert witness employed by a business entity that holds a contingent fee interest in the case, because the rule prohibits compensat…
As insurance defense counsel, can I email my fee statements to the insurer's third-party auditor and pay the auditor a percentage of my fee?
Not without the insured's informed consent, and never the percentage payment. The Committee concludes the fee statement is confidential under Rule 1.05, so disclosing it to the auditor requires the in…
If a paralegal or secretary moves to a new firm carrying confidences from the old firm, can the new firm screen them instead of being disqualified?
Yes. The opinion concludes the imputed-disqualification rules apply only to lawyers, so a firm may screen a nonlawyer rather than be disqualified, by shielding them from the matter and barring disclos…
Can a North Carolina law firm advertise 'put our 30 years of experience to work for you' when that figure is the lawyers' combined experience and no single lawyer has practiced that long?
Not as worded. The opinion concludes that advertising '30 years of experience' is misleading under Rule 7.1 when it is the lawyers' combined experience and no single lawyer has practiced more than ten…
Can a North Carolina lawyer reveal a client's confidential information in a suit to collect an unpaid fee, including to support a claim to pierce the corporate veil?
Yes, within limits. The opinion concludes that Rule 1.6(b)(6)'s self-defense exception lets the lawyer disclose confidential information learned in the representation to establish a corporate-veil-pie…
Can a lawyer feed deposition questions to another lawyer to ask a represented opposing party who is testifying as an expert in an unrelated case?
It depends on the questions. The opinion concludes that submitting general questions about the medical procedure does not violate Rule 4.2, but if the questions probe the facts at issue in the lawyer'…
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.