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 family-law attorney serve both sides as a neutral 'settlement lawyer' or intermediary to help pro se parties reach a resolution?
The committee said a lawyer acting as a true intermediary does not appear to violate RPC 2.2 if she strictly follows that rule: she must tell both parties she is acting only as an intermediary, advise…
After a name change from divorce, can a lawyer keep using her prior name professionally and in the firm name while using a different name personally?
The committee said a lawyer who takes a new name on a change of marital status is not prohibited from continuing to use her prior name in her professional capacity, including in the firm name, as long…
Can a lawyer be disciplined for committing a crime, like illegally re-importing prescription drugs, that has nothing to do with practicing law?
The committee said re-importing prescription drugs from Canada violates federal law, but a criminal act violates RPC 8.4(b) only if it reflects adversely on the lawyer's honesty, trustworthiness, or f…
Can a firm represent a new client against a former client when the new matter involves a different property and unrelated facts?
The committee said RPC 1.9 did not bar the representation, because the former construction-defect matter and the new encroachment claim were not the same or substantially related. The firm remained ba…
Can a lawyer sign a newspaper contract committing to a volume of legal advertising in exchange for lower rates or free firm advertising?
The committee said both a volume-commitment discount and a 'value added' free-advertising program implicate RPC 1.7(b) and 1.8(a), because the lawyer's pecuniary interest in placing legal notices can …
Does a prosecutor have to disclose a romantic relationship with a law enforcement officer who may be a witness in the prosecutor's cases?
The committee said disclosure is not required while the officer is not involved in any of the prosecutor's cases, but once the officer may be an arresting or investigating witness, the prosecutor must…
Can a Washington lawyer cite an unpublished Court of Appeals opinion to a trial court as precedential authority?
The committee said citing an unpublished opinion does not appear to be a per se violation of the Rules of Professional Conduct, but such citations should be made only after considering RPC 3.1 (merito…
Can a law firm put a link on its website to an independent lawyer-rating company's ratings of the firm?
The committee said a link to an independent lawyer-rating company's ratings does not appear to violate RPC 7.1, as long as the ratings are not false or misleading and the lawyer ensures all website co…
Can a lawyer go in-house at a marketing company and be paid a salary plus company shares to serve the company's customers?
The committee said no. Being paid a salary plus shares (or share options) by a marketing company to provide legal services to that company's customers would share the lawyer's fees with a nonlawyer in…
Can a lawyer with a religious objection to interest-bearing accounts hold client funds in a non-interest-bearing account instead?
The committee said no. RPC 1.14 contains no exception for lawyers with a religious objection to using interest-bearing accounts, so a lawyer may not place client funds in a non-interest-bearing accoun…
Can a lawyer assert an attorney's lien on bail money the client's father posted?
The committee said it does not decide whether an attorney's lien may properly be asserted against the bail funds, because it does not opine on questions of law. It did say that the false assertion of …
Are advance (blanket) conflict-waiver clauses in a fee agreement effective in Washington?
The committee said the Board of Governors has taken no position on promulgating an advance-waiver form, and it offered no opinion on what to include in a fee agreement. On the merits it said an advanc…
Can a lawyer accept regular client referrals from a financial-services company without sharing fees with it?
The committee said yes. Accepting frequent estate-planning referrals from a financial-services company that is an occasional client does not by itself violate RPC 1.4(b) or 1.7(b) where there is no fe…
Can a prosecutor's office keep employing a lawyer who is being suspended or disbarred, even in a non-lawyer position?
The committee said no. RPC 5.5(d) prohibits a lawyer from maintaining a law office shared with, or practicing under any compensation arrangement or in cooperation with, a person who is disbarred, susp…
Can a lawyer advertise that they serve as a 'Judge Pro Tem'?
The committee said yes, as long as the 'Judge Pro Tem' designation is accurate. Using an accurate 'Judge Pro Tem' title in advertising does not violate the Rules of Professional Conduct, and the adver…
Can an estate-planning law firm set up a separate company to sell investment products to its own clients?
The committee said that on the facts presented the arrangement would be prohibited. A firm could establish a separate investment-advisory business only by fully complying with RPC 1.5, 1.6, 1.7, 1.8, …
After serving as an elected mayor, when can a lawyer represent clients in matters involving the same municipality?
The committee said RPC 1.11 governs. Under 1.11(a) the lawyer is disqualified (absent the government employer's consent) from a matter in which the lawyer participated personally and substantially whi…
Can a lawyer own and run an escrow business alongside a law practice?
The committee said yes. A lawyer may provide non-legal services, such as operating an escrow business, in the course of a law practice, but those services remain subject to the Rules of Professional C…
Can a lawyer join a commercial networking group that requires members to give each other referrals?
The committee declined to reconsider Informal Opinion 1975 and reaffirmed that joining a commercial networking organization with mandatory referral requirements violates RPC 7.2, because requiring mem…
Can a law firm put a membership organization's logo on its letterhead?
The committee said yes. A firm may use a membership organization's logo on its letterhead as long as the use is truthful and not misleading; RPC 7.1 bars false or misleading communications and RPC 7.2…
Are non-refundable fees subject to the reasonableness requirement, and when is reasonableness measured?
The committee concluded that non-refundable fees are subject to both the reasonableness requirement of RPC 1.5 and the refund requirements of the termination rule (then RPC 1.15, now RPC 1.16). Reason…
Can a California private law firm use a trade name (like 'Workers' Compensation Relief Center') or a current/former governmental title in its name, letterhead, or business cards?
Per California Formal Opinion 2004-167, an attorney may not use a firm trade name or professional designation that implies, or tends to confuse the public into believing, a connection with a governmen…
Can a California lawyer post in an Internet chat room dedicated to victims of a recent mass disaster to offer her services?
Per California Formal Opinion 2004-166, the attorney's communication is not a prohibited 'solicitation' under former Rule 1-400(B) because the rule's 'in person or by telephone' bright-line does not e…
What ethical duties does a California lawyer owe when hiring an outside contract attorney to make court appearances, and what duties does the contract attorney owe to the hiring lawyer's client?
Per California Formal Opinion 2004-165, the hiring lawyer must disclose the contract attorney's involvement when it is a significant development under former Rule 3-500 and Business and Professions Co…
When may a lawyer represent both a corporation and its officers or employees in a government investigation?
There is no per se bar, but the joint representation is permissible only if a disinterested lawyer would conclude it serves both the company's and the constituent's interests under DR 5-105(C), both c…
What ethical duties does a lawyer owe when representing a plaintiff class in a class action?
The lawyer needs individual clients' informed consent to assert class claims; owes competence, diligence, and confidentiality to absent class members; needs the class lawyer's or court's consent befor…
Can a South Carolina law office be staffed only by SC-licensed associates who report to partners not licensed in South Carolina?
Yes. A South Carolina lawyer may practice under the supervision of a partner not licensed in South Carolina, but the associate must comply fully with the South Carolina Rules; Rule 5.2's safe harbor d…
What must a public defender do when assigned a caseload far larger than national standards recommend?
A public defender may not carry a caseload that forces violations of the duties of competence, diligence, and communication; national caseload numbers are a factor but not determinative, and a lawyer …
Can a lawyer run a law office and a separate non-law business the lawyer owns from the same office, sharing a receptionist and open-cubicle staff space?
Yes, a lawyer may run a law practice and a separately owned business from the same location, but the lawyer remains bound by the Rules of Professional Conduct; the opinion warns that a shared receptio…
Can a firm defend a workers' comp claim when one of its associates already helped the claimant plan the same claim, and would screening or consent cure it?
No. Where an associate had an ongoing personal relationship with the claimant and actively helped plan the claimant's strategy on the same matter, the resulting conflict is imputed to the whole firm u…
Can a multi-state firm's South Carolina office display business cards of firm lawyers not licensed in South Carolina that show the South Carolina address?
No, not without a disclaimer. The South Carolina office may not display the cards of its non-South Carolina lawyers showing the South Carolina address unless the cards state the lawyer is not admitted…
Can a lawyer who served as guardian ad litem in a child-custody case later represent one side in a new custody dispute over a sibling?
No. The new representation is substantially related to the lawyer's prior guardian ad litem role, so Rule 1.9 bars it, and the lawyer would also be a necessary witness, which Rule 3.7 prohibits.
Can a lawyer send a client to consult an opposing professional just to create a conflict and get that person disqualified from the case?
No. A lawyer may not advise a client to consult with another lawyer for the purpose of creating a conflict of interest. The committee viewed engineering a disqualification through a sham consultation …
Can a law firm use a descriptive website address that names its field of practice, like bankruptcylawyer.com?
Yes, as long as the address is not false or misleading. A descriptive URL controlled by South Carolina lawyers is permissible if it complies with the trade-name and advertising rules (7.5, 7.1, 7.4) a…
When out-of-state co-counsel runs ads that may refer cases to a South Carolina firm, must the South Carolina firm be named in the ads?
Yes. If the ads may result in a referral to the South Carolina firm, the firm should be identified. An ad omitting its involvement can be materially misleading under Rule 7.1, and Rule 7.2(e) and 7.2(…
Can a lawyer represent two divorce clients at once and use evidence learned from one client in the other's case?
Yes. The lawyer is not barred from representing both clients merely because crucial evidence came from one of them, as long as neither client objects to using the information, so there is no Rule 1.7 …
Can a lawyer prepare estate documents for donors referred by a nonprofit and be paid by the nonprofit a percentage of the donors' gifts?
The donor is the lawyer's client. The lawyer can take the work and be paid by the nonprofit only if the fee is not a percentage of the gift, is reasonable under Rule 1.5(a), and the lawyer discloses t…
May a South Carolina lawyer report a lender client's intention to keep conducting illegal 'witness only' real estate closings, and is the lawyer required to?
The lawyer may disclose the lender's intention to conduct closings in violation of South Carolina law to the appropriate authorities under Rule 1.6(b)(1), but is not required to. Disclosure is permiss…
Can a South Carolina lawyer who represents the lender close a real estate transaction using documents prepared by another South Carolina attorney?
Yes. The Rules of Professional Conduct do not prohibit it, but the opinion cautions the lawyer to watch for Rule 1.7 conflicts where the lawyer has a business relationship with the lender, and to ensu…
Can one firm represent a creditor pursuing a debtor's property and also a buyer trying to purchase that same property?
No. The opinion concludes a firm cannot represent both a judgment-creditor client trying to reach a debtor's property and a buyer trying to acquire that property; their interests are directly antagoni…
Is a lawyer responsible for a sign-language interpreter's conduct, and do client communications stay confidential when an interpreter is present?
Yes to both. The opinion concludes a lawyer's Rule 5.3 duties over nonlawyer assistants extend to interpreters retained to communicate with a hearing-impaired client, and that communications made in t…
Can a firm pay a former partner who became a prosecutor a share of a contingent fee earned after he left the firm?
Yes. The opinion concludes a firm may pay a former partner who became a State's Attorney a share of a contingent fee earned after he withdrew, if paid under a separation agreement governed by Rule 1.5…
Can a lawyer list a non-legal professional certification, like a Certified Trust Financial Advisor designation, on a business card?
Yes. The opinion concludes a lawyer may list a non-legal accreditation such as CTFA on a business card, because it is not a subspecialty of law within Rule 7.4 and, given the credential's bona fide re…
Must a lawyer file suit for a missing, unreachable client to beat the statute of limitations before closing the file?
Generally no. The opinion concludes a firm has no duty to file suit for a missing client it cannot reach, unless the client gave specific authorization to file before disappearing and the firm has eno…
Can an Illinois lawyer list a Supreme Court Capital Litigation Trial Bar certification on letterhead without the no-specialty disclaimer?
Yes. The opinion concludes that Supreme Court Rule 714, which has the Court itself certify Capital Litigation Trial Bar members, is the more recent and controlling rule, so a lawyer may list that cert…
Can a law firm keep a departed, retired, or of-counsel lawyer's name in the firm name, or name non-shareholders in a PC?
A firm name may not imply a partnership or shareholder status that does not exist, and a partner who leaves to join another firm must be dropped; a retired or of-counsel lawyer's name may stay if the …
Can a Virginia lawyer represent clients competently using only email, fax, and telephone, without ever meeting them face-to-face?
The opinion concludes there is no per se requirement that a lawyer meet a client in person; competence (Rule 1.1) and communication (Rule 1.4) turn on the content of what is reviewed and conveyed, not…
Can a lawyer contract with an unrepresented expert witness to keep work-product confidential and to alert the lawyer before responding to a subpoena for it?
The opinion concludes that a lawyer who properly discloses work product to a retained expert may, under Rule 5.3, take reasonable measures to ensure the expert protects that confidentiality, including…
When a note sets attorney's fees at a percentage of the debt, can the lawyer pay the client lender the part of the collected fee that exceeds the lawyer's actual hourly charges?
The opinion concludes that returning the excess of a contractual percentage attorney's-fee award over the lawyer's actual fee to the client lender does not violate Rule 5.4(a)'s bar on sharing legal f…
May a California lawyer serve as a partner of one law firm and simultaneously as a partner or employee of a second firm and share in the fees generated by both without the disclosure and written-consent process required by former Rule 2-200?
Per the opinion, only if a true common-law partnership or employer-employee relationship exists between the lawyer and the second firm. Following Chambers v. Kay (2002), a joint venture or label-only …
May a California estate-planning lawyer be a salaried employee of a financial-planning company that bills its customers a percentage of their estate covering both the legal work and the company's financial advice?
No. The opinion concludes that the arrangement violates former Rule 1-320 because a portion of the customer's bundled fee is a legal fee shared with non-lawyers, and may also violate Rules 1-310 (part…
Can a common pleas judge serve on the judicial corrections board of a community-based correctional facility?
The opinion concluded that under Canon 4(C)(2), Canon 2(B), and Canon 2(A) of the Ohio Code of Judicial Conduct, common pleas court judges should not serve on judicial corrections boards for community…
Can a magistrate running for judge use a robe photo and the title 'magistrate' in campaign materials, and how may campaign funds be used at political events?
The opinion concluded that a magistrate who is a judicial candidate may appear in a robe in campaign photos if accurately labeled, may use the title 'magistrate' as a listed contributor in a party din…
Can a lawyer who represents criminal defendants also serve as a special prosecutor in the same court?
The opinion concluded that a judge may appoint an attorney as a special prosecutor in the same county and even the same court where the attorney represents criminal defendants, if the appointment is o…
Can a judge be paid to referee youth soccer games, and does the judge have to report the fees?
The opinion concluded that it is proper for a judge to referee soccer games for a non-profit soccer organization and receive compensation, and that the judge must report referee fees as income on the …
Does answering legal questions live on a radio call-in show create an attorney-client relationship with the caller?
Per California Formal Opinion 2003-164, the call-in radio show context, with screening, on-air confidentiality disclaimers, generalized answers, and referrals to local counsel, does not provide a basi…
When outside corporate counsel also represents an officer personally on unrelated matters, what does she do if she learns the officer may have harmed the corporation?
Per California Formal Opinion 2003-163, when outside counsel represents both the corporation and an officer-constituent (on unrelated matters) and learns information that creates a conflict, the analy…
In a civil dispute, can a lawyer threaten or file criminal charges, or threaten or file administrative or disciplinary charges, against the opposing party to gain leverage?
DR 7-105(A) bars threatening or presenting criminal charges solely to gain an advantage in a civil matter, so a threat to file criminal charges unless funds are returned violates the rule. It does not…
If a law firm's website uses client testimonials or reports of past results, must it post a disclaimer that past results don't guarantee future outcomes?
Not automatically. Testimonials and past results are permitted unless they create unjustified expectations or are false, deceptive, or misleading. No disclaimer is required per se; where they are mere…
Can a county attorney sue the Board of Zoning Appeals on behalf of the Board of Supervisors when the same attorney has advised the BZA on the very variance at issue?
The opinion concludes the county attorney has a conflict either way: if the BZA is a former client, Rule 1.9 bars suing it on a substantially related matter (the variance and the public notice for it)…
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.