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 lawyer post a question or comment about a current matter to a listserv or online lawyer discussion group without the client's consent?
Not if there is a reasonable likelihood the post would let a reader identify the client or the situation. A lawyer may join general discussions of legal news and developments, but posting case-specifi…
Does a lawyer who used to work at a Legal Aid office have a conflict against a party another Legal Aid lawyer represented while she was there?
Only if she personally acquired confidential information material to the new matter and the matters are substantially related. Without both, there is no conflict under Rule 1.9(b).
May a Texas lawyer offer legal services under a monthly subscription model, and how must the lawyer treat the fee in trust and on cancellation?
Per the Committee, a subscription fee model is permitted if the fee is not unconscionable under Rule 1.04(a); the unearned portion of a prepaid subscription fee must be retained in trust until the end…
When an Illinois lawyer moves from partner to a continuing relationship with the firm, may the firm use 'senior counsel,' 'special counsel,' or 'counsel' instead of 'of counsel' to describe the lawyer?
The opinion concludes yes. Illinois Rule 7.5(a) (read with Rule 7.1) permits any of those terms to describe a lawyer who has a close, regular, and continuing relationship with the firm. The opinion wa…
Can a lawyer pass the credit card merchant processing fee on to a client who pays legal fees by credit card?
Yes. The opinion concludes a lawyer may pass a merchant processing fee on to a client as an expense if both the legal fee and the processing fee are reasonable and the lawyer explained the charge and …
Can a New York lawyer review or sign a client's litigation funding agreement, and what are the lawyer's duties on fee sharing, conflicts, confidentiality, and control of the case?
Client-directed litigation funding does not violate Rule 5.4 because the funder is repaid from the client's recovery, not the lawyer's fee. A lawyer reviewing such an agreement must watch for conflict…
A former criminal-defense client disputed a court-transcript vendor's credit-card charge, and the vendor wants me to sign an affidavit confirming I received the transcripts and the work was acceptable. Does giving that affidavit breach my duty of confidentiality to a former client?
The panel concluded the attorney may provide the affidavit. It would use information relating to the former representation to the client's disadvantage under Rule 1.9(c)(1), but the specific facts (th…
Can one law firm represent both the buyer and the seller in the same residential real estate sale if both sides consent, or is that a nonconsentable conflict of interest?
The panel held the described transactions violate the conflict rules. Representing both the buyer and the seller in the same real estate sale is a directly adverse concurrent conflict under Rule 1.7(a…
At real estate closings, the buyer's attorney is adding disbursement, discharge-tracking, wire, and courier fees to the settlement statement that my seller client must pay. Do those fee practices violate the ethics rules?
Yes. The panel held these closing fees violate Rule 1.5: they are unreasonable expense charges (a wire fee, for one, reflects a cost no institution actually charges on IOLTA transfers), and they viola…
Can an Ohio lawyer use a fee agreement that lets the lawyer choose, at settlement, whichever is larger between the hourly fee and a contingent percentage?
No. The Board concludes such an agreement is improper: it is largely illusory because the lawyer can collect the higher of two fees without bearing any real risk of no recovery, and it threatens the c…
Can a D.C. lawyer use generative AI like ChatGPT in client matters, and what ethics duties apply?
The opinion concludes that lawyers may use generative AI but must satisfy their existing duties: competence requires a current understanding of the tool and verification of its outputs (especially cit…
When a lawyer leaves one firm for another, can the lawyer tell clients before notifying the old firm, take the client files, and solicit those clients for the new firm?
The opinion concludes a departing lawyer may take the files of clients who request it (absent a valid firm lien) and may solicit former clients subject to the advertising and solicitation rules, but w…
Can an Oregon lawyer own an outside business that does deals with the lawyer's clients, and advise those clients on the deals?
Yes, qualified. The opinion concludes nothing bars a lawyer from owning other businesses, but advising a client on a transaction with the lawyer's own enterprise requires satisfying the personal-inter…
Can a Massachusetts lawyer list citations to published cases the lawyer handled on the firm website without client consent?
Not always. A published opinion can still contain confidential information under Rule 1.6, so if the case details are embarrassing or detrimental and not generally known, the lawyer must get the clien…
Can a Massachusetts lawyer draft a client's estate plan that leaves a gift to a charity where the lawyer is an officer or board member?
Yes, but only with the client's informed consent confirmed in writing. The lawyer's leadership role at the charity is a personal-interest conflict under Rule 1.7(a)(2), and the lawyer should tell the …
A lawyer talked to a prospective client but did not take the case; can the lawyer's firm still represent someone adverse to that prospective client without disqualifying the whole firm?
Yes, if the lawyer took reasonable measures to avoid learning more disqualifying information than necessary to decide whether to take the matter, is timely screened, shares no fee, and the firm gives …
May a Kentucky lawyer disburse client funds when a third party claims a lien or other interest in the money?
Kentucky's current Rule 1.15 does not impose an ethical duty to resolve a third party's claim before paying a client, but it permits the lawyer to hold disputed funds while legal rights are determined…
What ethical duties apply when a Kentucky lawyer uses artificial intelligence in client work?
A Kentucky lawyer using AI must maintain technological competence, protect client information, charge reasonable fees, verify AI-assisted filings, and supervise the firm's use of AI. Routine AI resear…
Does RPC 4.2's no-contact rule bar a lawyer who is representing himself (pro se) from communicating directly with a represented opposing party?
The Committee concludes RPC 4.2 does not apply to a lawyer proceeding pro se, because the rule opens with 'in representing a client' and self-representation is not representing a client. Other rules (…
What ethical rules does a Colorado lawyer have to satisfy to practice virtually or work remotely?
The same rules that apply in a brick-and-mortar office. The opinion concludes virtual practice does not change a lawyer's duties of competence, diligence, communication, confidentiality, and supervisi…
Can a New Jersey certified attorney pay a referral fee to an out-of-state lawyer who is not licensed in New Jersey?
The opinion concluded no: certified attorneys generally could not pay referral fees to out-of-state lawyers not eligible to practice in New Jersey. The New Jersey Supreme Court vacated Opinion 745 on …
Can a New York lawyer use 'J.D.' on letterhead and business cards while working in a nonlegal job, such as a university development officer?
Yes. The opinion concludes a lawyer who earned a juris doctor may use the 'J.D.' designation while working in a nonlegal capacity, as long as the lawyer takes care that the relevant audience is not mi…
What are the ethical duties of an Illinois lawyer who serves as local counsel for an out-of-state lawyer in an Illinois state-court criminal matter, and may local counsel limit attendance at court proceedings?
The opinion concludes local counsel owes the client the same duties as lead counsel under the Illinois Rules. Local counsel and the client may agree in writing to limit scope under Rule 1.2(c), but Il…
If a lawyer learned confidential government information while in public service, when does Model Rule 1.11(c) bar the lawyer from representing a private client against the person that information concerns?
Rule 1.11(c) applies whether the lawyer has left government or still serves (including part-time private practice), and the disqualification reaches any client the lawyer represents in private practic…
Can a part-time town attorney with no prosecutorial duties represent criminal defendants at arraignment in a centralized arraignment part where a justice of his town sometimes presides?
Yes. The opinion concludes that a part-time town attorney who has no prosecutorial responsibilities may, as a part-time public defender, represent criminal defendants at arraignments in a county's cen…
Can I help organize and moderate a public civic panel on local housing as a private citizen, when many attendees could be potential clients of my elder-law firm, without violating the solicitation rules?
Yes. The panel concluded the attorney may organize and moderate the panel because two facts remove the concern Rule 7.3(a) targets: the attorney would act as a private citizen with no pecuniary motive…
Can a Wisconsin lawyer record a conversation without telling the other person, when the recording is legal under one-party-consent law?
It depends on who is recorded. The opinion concludes that recording clients, judges, or court personnel without their knowledge and consent violates the disciplinary rules, but recording opposing coun…
Can a lawyer serving as both a child's attorney and guardian ad litem contact a represented party without that party's lawyer's consent?
No, not about the subject of the representation. The dual-role lawyer is bound by the no-contact rule, except to communicate as authorized by law or court order, or solely to arrange contact with the …
Can a corporation's in-house lawyer privately represent the company's customers in legal matters related to the company's services?
In most circumstances the lawyer should avoid it. The dual representation creates a material-limitation conflict and risks fee-sharing with a nonlawyer and assisting the corporation in the unauthorize…
When a client follows a departing Texas lawyer to a new practice, must the lawyer enter a new fee agreement, and what must the lawyer disclose about possible continuing obligations to the prior firm?
Per the Committee, the departing lawyer must enter into a new legal services agreement with the followed client; the lawyer cannot rely on the prior firm's contract as the basis for the new representa…
What employment-agreement restrictions on a Texas lawyer's departure from a law firm are impermissible under Rule 5.06(a), and what notice and file-copying obligations apply?
Per the Committee, Rule 5.06(a) bars employment-agreement provisions that impose an unreasonable minimum departure notice period (two to four weeks is ordinarily defensible), blanket prohibitions on a…
Can a Maine lawyer accept client payments through apps like Venmo, PayPal, Zelle, or LawPay, and what trust-accounting rules apply?
Yes. Maine lawyers may accept payments through online payment apps as long as the app does not commingle client funds with the lawyer's own funds and unearned fees reach a client trust account (within…
Can a tax lawyer buy a nonlawyer's tax preparation business, and what solicitation and conflict limits apply afterward?
Yes: nothing in the rules or ORS chapter 9 bars a lawyer from buying a business, but the lawyer may not use the acquisition for improper solicitation (such as conditioning the purchase on the consulta…
Can a Florida lawyer use generative AI like ChatGPT in their practice, and what ethics rules apply?
Yes. Florida lawyers may use generative AI, but must protect client confidentiality, verify the AI's work, bill honestly, and label any client-facing AI chatbot as an AI rather than a lawyer.
Can a lawyer buy a competing law firm's trade name as a search-engine keyword to trigger its own ads?
It depends on the trade name. The opinion concludes a lawyer may not buy a competitor's unique trade name as an advertising keyword (that is dishonest under Rule 8.4(c)), but may buy a generic, geogra…
Can a New Hampshire partner sell their firm or a practice area to an associate while continuing to practice law, without retiring?
The opinion concludes that under New Hampshire's Rule 1.17 a partner who is not retiring cannot sell their firm or practice area to an associate, because the rule requires the selling lawyer to cease …
Does a Colorado lawyer have an ethical duty to create a succession plan, and what should the plan cover?
The Rules do not formally require a succession plan, but the opinion concludes that the duty of diligence in Colo. RPC 1.3 (and Comment [5] for sole practitioners) supports having one. The opinion map…
Can a New Mexico lawyer practice New Mexico law remotely while physically located in another state?
Yes. A New Mexico lawyer may practice New Mexico law through technology from another state or country, provided they do not violate the rules of the place where they are physically located, do not hol…
Can a New York lawyer or law firm represent two or more clients bidding against each other for the same asset?
Representing competing bidders for the same asset generally creates a conflict of interest, but the conflict is often waivable in a firm setting using separate teams and information walls, or by a law…
When a D.C. lawyer serves as local counsel for an out-of-state lead attorney litigating in a D.C. court, what ethics duties does the local counsel keep?
The opinion concludes that the D.C. Rules draw no distinction between 'local' and 'lead' counsel: a lawyer serving as local counsel keeps full duties of communication, written fee disclosure, conflict…
Can a Massachusetts lawyer accept a fee from a software vendor for referring clients to the vendor's service?
Only with the client's informed consent in writing, and sometimes not at all. The payment triggers the lawyer's duties under Rules 1.8(a), 1.7, and 1.6, and where the conflict is too strong the consen…
Can a Massachusetts lawyer let a client use the lawyer's letterhead to send demand letters to the client's delinquent customers?
No. Letting a non-lawyer client use the firm's letterhead is a false and misleading communication under Rule 7.1. A lawyer may send such letters only after a conflicts check, a competence-based inquir…
When a personal-injury client dies before suit is filed and the family declines to open an estate, what must the lawyer do, and must the lawyer tell the insurance adjuster the client died?
The representation ends at the client's death, so the lawyer has no authority to act. Under Rule 1.16(d) the lawyer should take reasonable steps to protect the client's interest, such as notifying pot…
Can a personal-injury lawyer refer clients to a pre-settlement litigation-funding company owned by the lawyer's spouse?
Rarely. Only in unusual circumstances where the lawyer's finances are not significantly intertwined with the spouse's may a lawyer refer clients to a spouse's litigation-funding business; if the lawye…
To guard against a real estate sale scam, can a buyer's lawyer mail a notice directly to the represented seller (or the owner of record) when the seller's lawyer refuses consent?
No. Even with a good-faith fraud-prevention purpose, contacting the represented seller without the seller's lawyer's consent violates Rule 4.2. The lawyer must still investigate ownership under Rules …
Can a legal aid lawyer report anonymized client data to a funder, and what does RPC 1.6 require to prevent reidentification?
A lawyer may not rely on anonymization alone; reporting must be reasonably calculated to prevent reidentification, weighing the number of fields, the specificity requested, and the client population, …
When representation ends, which documents in the file must a Washington lawyer turn over to the client under RPC 1.16(d)?
The lawyer must surrender documents needed to protect the client's interests, including the client's documents, external communications, filings, transactional and corporate records, and substantive i…
Can a Pennsylvania lawyer interview an opposing party's former employee who signed a confidentiality agreement?
Yes. The opinion concludes a lawyer may interview an adverse party's former employee for factual information and has no duty to ask whether a confidentiality agreement exists, but on learning of one m…
Are California lawyers required to have a succession plan, and what duties does an assisting attorney take on?
California has no rule that expressly mandates a succession plan, but the combined duties of competence, diligence, communication, withdrawal, safekeeping client property, and supervision require ever…
Does a Pennsylvania lawyer need a signed confidentiality agreement from every vendor who can see client data?
No. The opinion concludes a lawyer need not get a signed agreement from every vendor, but must make reasonable efforts under Rule 5.3 to ensure the vendor has adequate procedures to safeguard confiden…
Can a lawyer pay a nonprofit to be listed on its website as a sponsor or as a legal resource for victims?
A lawyer may buy ads on the site and may be listed as a 'sponsor' for a donation, but may not pay to be listed on a page that recommends lawyers to victims, which is a prohibited payment for a recomme…
I switched to the firm that represents the estate I was adverse to for a former client. Can I work on the related trust matter, or does my firm have to screen me?
The panel concluded the attorney is personally disqualified under Rule 1.9(a) from the trust matter, but the former client can remove the disqualification with written informed consent; absent that co…
Can I pass my credit card processing fees on to clients, and what do I have to tell them first?
The panel concluded a lawyer may pass credit card processing fees to clients in flat fee and hourly matters, and when the client pays for issuance of payment to a third party, so long as the charge is…
Can a lawyer agree to a settlement term barring the lawyer from disclosing information that is a public record?
No. A settlement term barring a lawyer from disclosing a publicly accessible government record is an impermissible restriction on the right to practice under Rule 5.6(b); the lawyer cannot offer or ac…
Can an Ohio lawyer write a contingent fee agreement giving the lawyer a charging lien on a percentage of the highest settlement offer made before the lawyer is discharged?
No. The Board concludes such a lien improperly burdens the client's right to settle and to discharge counsel and can produce an excessive fee; the lawyer's recourse is a lien based on what the client …
A prosecutor wants me to testify about a former client. Does confidentiality still apply, and must I testify if a court orders it?
The panel concluded confidentiality under Rule 1.6 applies to a former representation and continues under Rule 1.9(c). The client may waive it by informed consent. Absent waiver, the lawyer should ass…
Can I hold my law firm equity in a revocable trust for succession planning without violating the no-nonlawyer-ownership rule?
The panel concluded a lawyer may transfer law firm equity into a revocable trust, but only if the sole trustee, any successor trustee, and all beneficiaries are licensed Rhode Island attorneys in good…
When a lawyer represents multiple clients and settles their claims together, what does each client have to be told and agree to?
The opinion concludes that under Rule 1.8(f) a lawyer may make an aggregate settlement for multiple clients only if each client gives informed consent in a signed writing after full disclosure of all …
Can a North Carolina lawyer who serves several clients at once, like a single calendar call or working for one client while traveling for another, bill each client for the same overlapping time?
The lawyer may serve multiple clients at once but may not bill each full hourly rates for the same overlapping time; the lawyer must prorate the actual time, or use a flat or unit fee, and pass the ef…
Can an Ohio lawyer pay a staff member a bonus for being named in a positive online review?
No. The Board concludes a bonus tied solely to a positive online review impermissibly ties nonlawyer pay to a particular client or matter and raises a risk of overreaching; bonuses based on revenue, p…
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.