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 cross-examine a former client as an adverse witness while representing a current client?
Generally yes, if the prior and current matters are not substantially factually related and the lawyer does not use or disclose the former client's confidential information to that client's disadvanta…
A lawyer in my firm handled the closing and will testify at trial about what a disputed letter agreement meant. Can I still act as trial counsel for the same client in that case?
Yes, in most circumstances. The panel held Rule 3.7(b) lets the inquiring attorney continue as trial counsel while a law partner testifies, unless that partner's testimony is likely to substantially c…
A client fired me, hired new counsel, and asked me not to contact them, but I want to talk to them about the discharge and the file transfer. Does Rule 4.2 stop me?
Yes. The panel held Rule 4.2 prohibits the discharged attorney from communicating with the client about the discharge or the file transfer without successor counsel's consent, once the client's author…
When does a former government lawyer's prior work count as 'personal and substantial' participation that bars later private representation in the same matter under Rule 1.11?
The opinion concludes that a former EPA lawyer who only drafted status reports and discussed the timing of an ongoing rulemaking did not participate 'personally and substantially' in the related litig…
Can a nonlawyer union employee supervise a union's lawyer, both when the lawyer represents the union and when the lawyer represents an individual union member?
The opinion concludes that a nonlawyer union employee may supervise a union attorney who represents the union itself, because the union is the client and acts through its authorized agents (Rule 1.13)…
Can a former government lawyer, such as a military JAG defense counsel, keep representing the same client in the same matter after leaving government service, or does Rule 1.11 bar it?
The opinion concludes that when a government lawyer lawfully formed an attorney-client relationship with an individual client (as a JAG defense counsel or public defender does), continuing to represen…
Can a lawyer take a mortgage or other security interest in a client's property to make sure the fee gets paid?
Yes, with safeguards. The opinion concludes a lawyer may take a contractual security interest in a client's property to secure a fee if the lawyer complies with Rule 1.8(a)'s business-transaction prot…
Can a lawyer who drafts a client's will or trust serve as the executor or trustee, hire their own firm as the estate's counsel, and be paid for both roles?
Yes, with conditions. The opinion concluded that a lawyer may accept appointment as a personal representative or trustee named in an instrument the lawyer prepares and may appoint himself or his firm …
Can a lawyer let a finance company front the client's fee in exchange for keeping a discounted portion of that fee?
The opinion concludes no. An arrangement in which a finance company advances the lawyer a discounted lump sum and keeps the discount as its share of the legal fee is impermissible fee-sharing with a n…
In Kentucky, may prosecutors meet with judges to develop informal policies or shared understandings on issues likely to influence outcomes in pending or future criminal cases?
No. The opinion concluded that such meetings are improper ex parte communications under KRPC 3.5, because they address issues likely to influence case outcomes; inviting the defense bar does not cure …
Can a North Carolina lawyer take part in collaborative family law and agree in advance to withdraw before any court proceeding?
The opinion concludes a lawyer may represent a spouse in a collaborative family law process, even when the other spouse is represented by a member of the same collaborative organization, if both lawye…
Can a New York lawyer refer clients to the lawyer's own non-legal business, and can that business refer customers back by phone or in person?
The opinion concludes that if the lawyer gives the DR 1-106 notice that the non-legal services are not covered by the attorney-client relationship, the lawyer may refer clients to the business without…
Can a judge publicly explain and comment on a proposed state constitutional amendment?
The opinion concluded that under Canon 2(A)(1) a judge may communicate to the public about a proposed state constitutional amendment, explaining it, comparing it to current law, and describing its pot…
Can a lawyer refer clients to lenders recommended by a consulting company that the firm pays and that earns referral fees from those lenders?
The opinion concluded that it is improper, absent full disclosure and informed consent, for a lawyer to provide loan applications and refer clients to lenders recommended by a consulting company that …
If I serve on a city council, can I discuss and vote on a matter involving a client of my former law firm when I never worked on that client's matter?
Yes, with conditions. The Committee concludes a lawyer on a city council may participate and vote on a matter where the former firm represents a client, provided the lawyer did not personally represen…
Can a Texas lawyer who is in-house counsel to a healthcare provider agree to represent the provider's injured patients at low cost in exchange for the provider referring those patients?
No. The Committee concludes the arrangement is prohibited: the low-cost services are a thing of value given for referrals under Rule 7.03(b), the agreement to drop patients who dispute the provider im…
Can I defend criminal cases in the same county where my spouse works as an assistant district attorney?
Only with consent. The Committee concludes a lawyer's representation of criminal defendants in the county where the lawyer's spouse is an assistant DA is adversely limited under Rule 1.06(b)(2); the d…
When a lawyer moves to a new firm, what client information can the lawyer reveal so the new firm can run a conflicts check without the former client's consent?
The opinion concludes that, without client consent, a moving lawyer may reveal only information that is neither a 'confidence' (privileged) nor a 'secret' under Rule 1.6, but that in most cases the ge…
Can an Alabama law firm form a partnership or affiliation with foreign (non-U.S.) lawyers?
Yes. A foreign lawyer who is a member of a recognized legal profession in the foreign jurisdiction is not a 'nonlawyer' under Rule 5.4, so an Alabama firm may affiliate, form a partnership, or practic…
Does a government lawyer violate Rule 8.4(c) by supervising or taking part in a lawful undercover operation that uses deception?
Not without more. The opinion concludes that a governmental lawyer who participates in a lawful covert government operation employing dishonesty, deceit, or misrepresentation to gather information doe…
Can a lawyer refer a personal injury client to a non-recourse litigation funding company and share case information with it?
Only in limited circumstances and in the client's interest. The lawyer may tell the client such companies exist after discussing the costs versus benefits, but may not recommend the case to a funder, …
Can a Tennessee firm employ a lawyer licensed in another state who is awaiting Tennessee admission, and list that lawyer on its letterhead?
Vacated. As originally issued, Formal Ethics Opinion 2002-F-91(a) concluded that a firm could employ a lawyer admitted elsewhere while the lawyer's Tennessee admission application was pending; the law…
Can a part-time assistant district attorney who prosecutes state crimes also defend criminal defendants in the same county's courts?
Formal Ethics Opinion 2002-F-146 concluded that part-time assistant district attorneys who prosecute state criminal matters in a county's municipal courts may not also represent criminal defendants in…
How are conflicts of interest involving government attorneys decided in Tennessee, and what happened to the rule on prosecutors defending criminal cases?
Formal Ethics Opinion 2002-F-107(b) restated that, in matters involving governmental interests and differing interests, a conflict of interest is a factual question decided case-by-case, and it modifi…
How long must a West Virginia lawyer keep a former client's closed file, and how can the lawyer destroy it without violating the duty to safeguard client property?
The file is the client's property. The opinion concludes a lawyer should either return a closed file to the client or keep it at least five years after the representation ends (longer for some matters…
Can a disbarred or suspended lawyer sell their law practice to another attorney in Maine?
Yes. The opinion concludes nothing in the Bar Rules prohibits a disbarred or suspended lawyer from selling the practice to a Maine-licensed attorney, because such a lawyer has 'ceased to engage in the…
Can an insurance defense lawyer in Utah agree to an insurer's litigation guidelines and accept flat-fee defense work?
Neither is per se unethical, but the lawyer may not let an insurer's guidelines or a flat fee impair independent professional judgment or competent, diligent representation of the insured. If complian…
Can a New York lawyer who owns a mortgage brokerage and a title abstract company also act as the lawyer for the buyer, seller, or lender in the same real estate deal?
The opinion concludes the lawyer may not be the buyer's or seller's lawyer while also acting as mortgage broker or as a non-ministerial title abstract company in the same deal, but may, with informed …
Can a New York lawyer pass on to a contingent-fee client the interest the lawyer pays on money borrowed to fund litigation expenses?
The opinion concludes that a lawyer may borrow to advance litigation expenses in a contingent-fee matter and pass the interest cost on to the client, provided the client remains ultimately liable for …
May a California plaintiff's lawyer contact the defendant's liability insurer directly when the defendant has said it will not tender the claim to the insurer?
Yes, on the facts presented. Per the opinion, former Rule 2-100(A) reaches only persons the lawyer actually knows are represented; where the defendant has not tendered the matter and the lawyer does n…
After New York adopted DR 1-106 on non-legal services, can a lawyer who owns an ancillary business provide both legal and non-legal services in the same transaction with the client's consent?
The opinion concludes that the prior bars on a lawyer acting in dual roles (such as lawyer and broker) in the same transaction survive DR 1-106, because those bars came from applying DR 5-101(A) to th…
Can a lawyer put a binding-arbitration clause for fee disputes and malpractice claims in a retainer agreement?
Yes, with informed consent. The opinion concludes a retainer may require binding arbitration of fee disputes and malpractice claims if the client is fully told the advantages and disadvantages and con…
I used to represent a school committee at a termination hearing. Now the committee is being sued over that termination and two individual members who voted against it want me to represent them personally. Can I, or can someone else at my firm?
No. The panel held the school committee is the attorney's former client under Rule 1.9, the pending lawsuit is the same or substantially related to the termination hearing, and the conflict is imputed…
If a paralegal or other nonlawyer employee moves from one firm to an opposing firm during pending litigation, can a screen ('Chinese wall') keep the new firm from being disqualified?
No, not on the firm's own say-so. The opinion overrules its earlier screening opinions and holds a nonlawyer is judged by the same standard as a lawyer: a firm that hires a nonlawyer who acquired conf…
Do a law firm's newsletters, legal alerts, seminar brochures, logo giveaways, and website have to carry an 'Advertising Material' label under the lawyer-solicitation rule?
Only the items that solicit employment do. A newsletter, alert, or brochure that offers the firm's services to a prospective client with no family, professional, or close-personal tie must carry the '…
Can a Utah lawyer finance a client's litigation costs with a loan from a third-party lender and pass the interest on to the client?
Yes. A recourse loan that finances litigation costs is permitted if the lawyer (not the client) is the obligor on the loan, the lawyer discloses the loan's terms, and the client consents. Because the …
Can a lawyer who settled a mother's accident case then represent her child's injury claim from the same accident, when the mother may be a potential defendant?
The opinion concludes it depends. The mother as next friend is not a current client, so Rule 1.7 does not apply, but she is a former client in a substantially related matter, so Rule 1.9 bars the chil…
Can a Texas lawyer agree to defend an insurer's insureds for a fixed fee set by stage of the case?
Yes. The Committee concludes a lawyer may take a fixed fee from a liability insurer for defined stages of defending an insured, but the lawyer must still render the professional representation the rul…
If I serve as a municipal court judge, can I also defend criminal cases where the city's police may be witnesses?
Only with consent. The Committee concludes a municipal court judge may not defend a criminal case where the city's police may be witnesses (or in a matter he adjudicated, or in his own court) unless b…
If I'm a lawyer serving as a county judge, can I represent private clients in the justice, county, and district courts of my own county?
Only with consent. The Committee concludes it is a conflict under Rule 1.06(b)(2) for a county judge, who presides over the commissioners court and is the county's chief budget officer, to represent p…
Can a law firm pay a real estate agency an annual fee and offer the agency's customers discounted legal services in exchange for the agency promoting the firm?
The opinion concluded that it is improper for a law firm to pay an annual fee to a real estate agency and offer discounted legal services to the agency's customers in exchange for the agency promoting…
Can a government agency lawyer be required to take on more cases than the lawyer can competently handle?
The opinion concludes that a lawyer who represents a government agency may not accept more matters than the lawyer can competently handle, and may not consent away the duty of competence; the lawyer m…
Can a government law department let the agency's general IT department maintain a network holding confidential client files?
The opinion concludes a government law department may use the governmental unit's technical support staff to service a network containing client confidences without violating MRPC 1.6, provided the la…
Can a part-time Michigan family court referee represent private clients before the judges who appoint and supervise the referee, or before other referees in the same circuit?
A part-time referee may not appear in domestic-relations matters before the appointing or supervising judges (absent waiver or a visiting judge) or before other referees in the same circuit, but may t…
Can a lawyer who represents a husband and wife as co-executors of an estate also represent the wife in her divorce against the husband, and can the lawyer fix the conflict by dropping the husband?
Not over the husband's objection, because the co-executors are also substantial beneficiaries, so the lawyer is treated as representing the husband individually. With consent it depends on an objectiv…
Can a Colorado lawyer give a second opinion to someone already represented by another lawyer, without first getting that lawyer's consent?
Yes. The opinion concludes that Rule 4.2 does not require the second lawyer to obtain the first lawyer's consent when the client initiates contact for a second opinion, because Rule 4.2 protects the o…
When can a Colorado lawyer assert a charging lien for unpaid fees, and what must the lawyer do to take a security interest in a client's property?
The opinion concludes that a lawyer may assert a statutory charging lien (Rule 1.8(j); C.R.S. section 12-5-119) for fees against property the lawyer helped obtain, but only with strict compliance with…
Does a bank-supplied CD-ROM of digital check images satisfy a North Carolina lawyer's trust-account record-keeping requirement?
The opinion concludes that a CD-ROM containing digital images of the fronts and backs of canceled checks satisfies Rule 1.15-3(a)(2), because the images can be retrieved and printed when needed; it al…
If a personal injury client tells the lawyer to pay her all the settlement money but a medical provider has a letter of protection or an assignment, must the lawyer pay the client?
Only if there is no valid lien or assignment. If the lawyer gave the provider an authorized letter of protection and the client later disputes payment, the lawyer holds the contested portion in trust …
Can a law firm cut a departing shareholder's deferred compensation by 75% if the lawyer practices law within 50 miles of the firm?
No. The opinion concludes that a deferred-compensation provision reducing a departing lawyer's pay by 75% for practicing law within a 50-mile radius is a financial disincentive to compete that violate…
In a non-judicial matter outside D.C. such as a mediation or arbitration, whose rules of professional conduct govern a D.C. lawyer, and what happens when co-counsel is bound by different rules?
The opinion concludes that under Rule 8.5(b)(2) a lawyer licensed only in D.C. is governed by D.C.'s rules for non-judicial conduct anywhere; a lawyer licensed in D.C. and elsewhere is governed by the…
Can a Florida lawyer pay a paralegal or legal assistant a bonus based on the number of hours they billed?
No. Rule 4-5.4(a)(4) lets a lawyer pay a nonlawyer employee a bonus for extraordinary efforts on a case or over a set period, but a bonus calculated solely on the hours the nonlawyer worked treats eve…
I'm town counsel and the council changed its billing procedure. Can an individual council member who disagrees with that decision demand my unredacted, itemized billing statements from before the change?
No, not without the council's consent. The panel held the municipality, acting through its council, is the lawyer's client, so the lawyer must follow the council's direction on redaction and has no ob…
My former client retained a malpractice lawyer to sue me over a missed statute of limitations and told me not to contact them directly. Do I still owe them a duty to flag a separate viable claim, and can I reach out about it anyway?
No continuing duty and no direct contact. The panel held the attorney-client relationship ended once the client retained malpractice counsel, so Rule 1.3 and 1.4 no longer apply, and contacting the cl…
Can a law firm represent a client before a local governing body when one of the firm's lawyers sits on that body, even if the lawyer discloses the tie and abstains from voting?
The opinion concludes no. A firm may not represent a client before a governing body on which one of its lawyers serves, and the board-member's recusal does not cure the conflict, because withdrawing f…
Can a legal aid office give blank legal forms to pro se litigants it does not represent, without violating the rules on candor to a tribunal?
The opinion concludes yes. Handing out blank legal forms, with no help completing them and no advice, is not the practice of law and is not undisclosed ghost-writing, so it does not violate Rule 3.4(d…
Can a New York lawyer's advertisement give only a website or email address, or must it include a physical street address?
The opinion concludes a legal-services advertisement may not list a website or email address as the sole address; DR 2-101(K) requires the lawyer's physical street office address as well.
Does a lawyer's family relationship with a material witness and an alleged co-conspirator create a conflict that bars representing another party in the same case?
The committee concluded that the family relationship gives rise to an RPC 1.7(b) conflict because the representation may be materially limited by the lawyer's own interests and responsibilities to fam…
Can a Washington lawyer form a partnership with a foreign lawyer who is licensed in Washington as a foreign legal consultant?
The committee concluded that a partnership with a foreign attorney does not violate RPC 5.4(b) because a foreign attorney is not a 'nonlawyer' for purposes of that rule. The lawyer should comply with …
If a lawyer learns a client committed a past felony related to the case, can the lawyer reveal it, and can a settlement require both sides to keep incriminating evidence secret?
On the assumed facts (past, non-ongoing conduct, no legal duty to report, no evidence destruction, no required tribunal disclosure, no assisting a crime or fraud), the committee concluded RPC 1.6(a) b…
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.