Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try a different search term or clear the filters.
Can a Washington lawyer who has been suspended work as a paralegal, including in another state that allows suspended lawyers to do paralegal work?
The committee concluded the answer is no: a suspended Washington lawyer may not work as a paralegal anywhere at all, even in a state (here, Oregon) that allows suspended lawyers to do paralegal work. …
If a client decides on her own to contact the represented opposing party, can her lawyer advise her on what to say?
Yes. Where the client conceives the idea of contacting a represented party, the no-contact rule does not bar the lawyer from advising on the substance, so long as the lawyer does not use the client to…
If a lawyer puts client escrow funds in an interest-bearing account and the retainer is silent on interest, can the lawyer keep the interest?
No. Interest earned on client escrow funds belongs to the client and must be paid to the client; if the client cannot be found, the lawyer deposits the funds with the Lawyers' Fund for Client Protecti…
What may a California lawyer do for a missing client who already authorized settlement of claims within a defined range, and how must the lawyer handle settlement proceeds and fees?
Per California Formal Opinion 2002-160, an attorney who has been given express authority to settle claims at or above a specified percentage of face value retains independent ethical duties (competenc…
Can a California lawyer refer a prospective client to an independent broker for a real-estate loan to pay legal fees, with the loan proceeds going into a third-party escrow from which the lawyer is paid?
Per California Formal Opinion 2002-159, the lawyer may make the referral and use the escrow arrangement so long as the lawyer receives no compensation for the referral, has no undisclosed business or …
Can a public defender's office set up a physically separate alternate defender unit so the two operate as separate firms for conflict purposes?
Per California Formal Opinion 2002-158, a Public Defender (PD) and a physically separated Alternate Defender Office (ADO) following the People v. Christian (1996) model can be treated as separate firm…
When can a lawyer reveal a client's confidences to stop a crime, and does possessing stolen property count as an intent to commit a future crime?
A lawyer may disclose only to prevent a not-yet-completed crime, and only on a reasonable (not merely suspected) belief the client intends it; a client's continuing possession of stolen property, when…
When a third party pays a client's legal fees, can the lawyer send the payer an itemized bill of the work performed?
The committee concluded that a lawyer whose fee is paid by a third party has the same obligations as one paid by the client, and may submit a billing statement to the payer provided it does not requir…
Can a law firm's employment agreement bar a departing partner from soliciting, hiring, or recruiting the firm's other lawyers?
The committee concluded that an employment agreement preventing a departing partner or shareholder from soliciting, hiring, or recruiting other lawyers at the firm violates RPC 5.6(a). It restricts th…
Can a Washington lawyer practice in a firm owned by a lawyer licensed only in another state, and can the out-of-state lawyer handle federal matters for Washington clients?
The committee concluded that, in general, nothing in the Rules of Professional Conduct prohibits lawyers licensed in different jurisdictions from associating or maintaining a regional or national law …
Can a law firm keep a named partner's name (with a 'retired in 2002' note) after he leaves to practice in another state?
The committee concluded that once a named partner ceases to practice with the Washington firm and begins practice in another jurisdiction and is no longer associated with the firm, the firm may no lon…
Can a Washington law firm organized as a professional limited liability company call itself an 'LLC,' or must it use 'PLLC' in the firm name?
The committee concluded that a professional limited liability company must include one of the terms 'Professional Limited Liability Company,' 'Professional Limited Liability Co.,' 'P.L.L.C.,' or 'PLLC…
Can a lawyer work as a 'risk management consultant' for an insurance broker, reviewing the broker's insureds and advising them, without violating the ethics rules?
The committee concluded it may be ethically possible but the risk of running afoul of the rules is high. Whether the work is the practice of law is a substantive-law question outside the committee's p…
Can a lawyer contact the opposing party directly after the other side's lawyer dies and no new lawyer has appeared?
The committee concluded that RPC 4.3 governs because, after opposing counsel's death, the lawyer has a reasonable basis to believe the other party is no longer represented. The lawyer may directly ask…
Will the Washington bar's ethics committee tell a lawyer in advance whether a proposed advertisement is permissible?
The committee said that, as a matter of policy, it cannot approve specific advertisements; it is the lawyer's responsibility to ensure that any advertisement complies with the Rules of Professional Co…
Can a prosecutor's office let its nonlawyer staff member run an unsupervised jail program where represented detainees discuss their cases?
The committee concluded that RPC 4.2, 5.3, 1.7, and 3.8 are all potentially violated when a nonlawyer employee of the prosecuting attorney's office runs an unsupervised jail Bible study with represent…
Can a plaintiffs' firm put a clause in its retainer agreement committing clients to oppose confidentiality provisions in any settlement?
The committee concluded that the proposed retainer clause violates RPC 1.2(c) and RPC 1.7(b) because it discloses none of the potential adverse consequences to the client or the nature of the conflict…
Can a Washington lawyer or the lawyer's staff hand out law-firm brochures in person to people at a courthouse, a fair, or an arena?
The committee concluded that RPC 7.3 prohibits direct, in-person, face-to-face solicitation by the lawyer or the lawyer's agent where there is no pre-existing relationship and the motive is pecuniary …
Does the no-contact rule (RPC 4.2) apply to a bar member who works only as a lobbyist or policy analyst, not as an attorney, when communicating with a represented office?
The committee concluded that RPC 4.2 applies only to a lawyer who is representing a client, so it depends on the existence of an attorney-client relationship and a communication in the context of repr…
Does an in-house lawyer who is also a corporate officer have to disclose on his business card that he is a lawyer, and when must he tell third parties he is an attorney?
The committee concluded the rules do not require the business card to state he is a lawyer when the card's use does not involve representing a client before a third party; but Title 4 of the RPCs requ…
Can a lawyer who referred a contingent-fee case and was then disbarred before settlement still collect a share of the fee from the lawyer who handled the case?
The committee concluded that although the facts pit RPC 5.4(a) (no fee sharing with nonlawyers) against RPC 1.5(e)(2) (fee splitting), RPC 1.5(e)(2) prevails: assuming Attorney #1 performed services b…
Can a Washington lawyer use her middle name instead of her last name in the firm name while still signing legal documents with her last name?
The committee concluded that using a name in the firm name other than the name the lawyer uses in the practice of law is misleading, and directed the inquirer to the name-change procedure in Admission…
Can a lawyer who receives a client through a county bar referral service make the first phone call or in-person contact if the caller said they want the lawyer to call them?
The committee concluded RPC 7.3(a) bars a referral-service lawyer from initiating in-person or telephone contact to solicit employment from a referred prospective client, even where the caller indicat…
When does an attorney-client relationship form under a prepaid legal services plan, and can the plan's Washington lawyer initiate contact with plan purchasers about plan benefits?
The committee declined to fix the moment the relationship forms, calling it a mixed question of law and fact, but said it is unlikely to exist after purchase and before the subscriber contacts the law…
Can a volunteer legal clinic open a file and offer a consultation to a second person whose interests may conflict with an existing clinic client?
It turns on whether an attorney-client relationship formed with the first person. The committee concluded the clinic must screen for conflicts and warn that intake information is not confidential unti…
Can a Washington lawyer join a networking or business referral group that requires members to refer business to each other to keep their membership?
The committee concluded that a networking and business referral association whose membership requires referrals (with potential loss of membership if no referrals occur) gives 'something of value' in …
Does a lawyer have to convey a creditor's bankruptcy reaffirmation offer to the client?
It depends. The committee concluded that RPC 1.4 does not require transmitting all correspondence but does require keeping the client reasonably informed, and that RPC 1.2(a) requires informing the cl…
Can a law firm write off an unpaid client bill and file an IRS Form 1099 naming the client and reporting the write-off as income?
No. The committee concluded that filing an IRS Form 1099 disclosing the client's identity would likely be detrimental to the client and is therefore barred by RPC 1.6, that the issue persists even if …
Can a lawyer set up a booth at a street fair offering to answer legal questions or give referrals?
Yes. The committee concluded that RPC 7.3 does not prohibit a lawyer from setting up a booth at a public event, because opening a booth is not direct solicitation (the lawyer waits for the client to a…
Must a lawyer give a former client, now in prison, a copy of the client's own incriminating written statement on request?
Yes. The committee concluded that RPC 1.15(d) requires a lawyer to surrender papers and property to which the client is entitled when representation ends, and that, absent a guardianship or other cour…
When a law firm winds down and its members start a new firm with a nearly identical name (keeping a deceased partner's name), can both firms use that name at once, and how are fees split?
The committee concluded a successor firm may keep a deceased or retired partner's name under Rule 7.5 only if it is a bona fide continuation and the public is not misled; running two firms with confus…
Can a South Carolina law firm hire a nonlawyer lobbyist as an employee, list the lobbyist on its letterhead, and pay the lobbyist a share of the lobbying profits?
The committee concluded the firm may hire a nonlawyer lobbyist on the facts presented: the lobbyist is not engaged in unauthorized practice if confined to lobbying (Rule 5.5(b)), has no control over l…
Can a lawyer employed by a nonprofit run by nonlawyers represent the people it serves, and how do letterhead, the trust account, file custody, and conflicts work in that setup?
The committee concluded a lawyer may, as an employee of a nonlawyer nonprofit, represent third parties on its behalf: the corporation's name and logo may appear on letterhead under Rules 7.1 and 7.5 i…
Can a lawyer who co-owns the builder selling a home explain the closing documents to the buyer and hold the closing funds, if the lawyer tells the buyer he is not their lawyer?
The committee concluded the practice is risky: explaining closing documents and escrowing the buyer's funds may create an attorney-client relationship with the buyer despite a disclaimer, and because …
If a lawyer learns that opposing counsel got confidential help from the lawyer's own firm and breached a prior settlement's confidentiality clause, must the lawyer tell the client and report the other lawyers?
The committee concluded the lawyer must inform her client of the breach under Rule 1.4, and must report the firm lawyer who fed opposing counsel inside information (a Rule 1.6 and 1.8(b) violation) un…
When one lawyer winds down a practice, what does the remaining lawyer owe the founder's former clients, and how long must client files be kept?
It depends on the transaction. The committee concluded that if the remaining lawyer buys the practice under Rule 1.17, the selling lawyer keeps the inactive-client files and the buyer owes those clien…
If a lawyer learns that another lawyer he refers clients to is medically impaired and can no longer competently practice, must he report it and warn the referred clients?
Yes to both, with a confidentiality limit. The committee concluded that if the impaired lawyer's medical condition causes violations of Rules 1.1 and 1.16(a)(2) that raise a substantial question of fi…
Can a paralegal alone interview clients for Health Care Powers of Attorney and Living Wills and help them execute those documents?
Partly. Declining the unauthorized-practice question (reserved to the SC Supreme Court), the committee concluded that under Rule 5.3 a paralegal may, under the supervising lawyer's direction, intervie…
Can a lawyer hold a former client's file, including research and meeting notes, until an unpaid bill is paid?
Not if it would prejudice the client. The committee concluded that under Rule 1.16(d) an attorney may not withhold a former client's file over an unpaid invoice where doing so would substantially and …
Can a lawyer in a civil case pay a fact witness the expense money another lawyer promised her for testifying in an earlier, concluded criminal case?
No. The committee concluded that paying a fact witness for testimony in a concluded criminal case is the payment of an antecedent debt unrelated to the present civil litigation, which is improper unde…
Can a lawyer who is a member of a church sue that church on behalf of other clients?
Yes, if the conditions of Rule 1.7(b) are met. The committee concluded the lawyer may represent clients suing his own church so long as he reasonably believes his church membership will not adversely …
When a contingency-fee client fires the lawyer, can the lawyer hold the file until paid and bill hourly for the work done, including travel?
The committee concluded the lawyer should not withhold the file but should promptly deliver it to the client, because the retaining-lien factors recognized in South Carolina case law do not favor a li…
When a relative pays a lawyer's flat fee for a client who then fires the lawyer and demands a refund, who gets the unearned portion, the client or the relative who paid?
The committee concluded the lawyer must not unilaterally decide whether the client or the third-party payor is entitled to the unearned fee; because both may have a claim (depending on whether the pay…
Can a lawyer own a majority of a mortgage brokerage and then close loans for, and take referrals from, that business?
The committee concluded there is no per se bar to a lawyer owning a mortgage brokerage while practicing law, but the lawyer must disclose the interest and any Rule 1.7/1.8 conflicts to customers who b…
How can a lawyer close an old escrow account that still holds funds for stale, uncashed checks to clients who can't be located?
The committee concluded the lawyer may close the old account but may never keep the funds; after meeting Rule 1.15 (records and notice, including notice by publication) and waiting at least a year for…
Can a lawyer work as a salaried employee of a nonprofit run entirely by nonlawyers and represent the people the nonprofit serves?
The committee concluded a lawyer may be employed by a nonlawyer-run nonprofit to represent its beneficiaries, so long as the organization sets only general case-selection policies and never directs th…
Can a former deputy solicitor who prosecuted a defendant for arson later represent that same person in an insurance claim arising from the same fire, and can his new firm continue the matter?
The committee concluded the former prosecutor may not represent the client in the civil insurance matter arising from the same facts he prosecuted, because doing so would exploit his former public off…
Can a lawyer take a contingent fee to pursue a divorced client's marital property claim after the other spouse has died?
Yes. The opinion concludes that a contingent fee is permissible in post-judgment proceedings to determine marital property rights where one former spouse has died, because reconciliation is irreversib…
If one partner becomes a part-time juvenile solicitor, is his law partner barred from defending criminal clients in General Sessions Court?
The committee concluded the part-time juvenile solicitor has no Rule 1.7 conflict, because his separate office, distinct juvenile caseload, and different court make the juvenile solicitor's office a s…
Can a firm pay its unpaid fees out of trust funds left by a corporate client that has since been dissolved?
Only with consent or a court order. The opinion concludes the firm may transfer the trust funds to satisfy its fee claim if it obtains written consent from the dissolved client through a former office…
If an insurer's automated software (no human reviewer) processes a defense firm's legal bills, does the firm need the insured's consent under the confidentiality rule?
The committee concluded that consent is still required: even though an automated program with no human intervention compiles and transmits the billing data, confidential client information is revealed…
Can a lawyer sit on a reinsurer's board while representing the primary insurers whose policies it reinsures?
Only with consent. The opinion concludes that serving on the reinsurer's board while representing a primary insurer on a reinsured claim creates a Rule 1.7(b) conflict, usually waivable by the client'…
Can two lawyers in the same firm separately represent a city and a park district located within it?
Yes, on these facts. The opinion concludes the two units are separate clients with no current direct adversity, so there is no Rule 1.7 conflict, though the lawyers may have to disclose the limits tha…
Can a collection lawyer overstate a judgment amount and pressure third parties to advance the client's interests?
No. The opinion concludes that serving citations stating a judgment amount the lawyer knew was wrong, and refusing to correct it, violated Rules 4.1(a), 3.3(a), and 8.4(a)(4), and that threats and sta…
Can a lawyer-only mediation firm pay a nonlawyer accounting firm a referral fee for sending it mediation clients?
No. The opinion concludes that a mediation firm made up entirely of lawyers may not pay a nonlawyer a referral fee for mediation clients; the arrangement violates Illinois Rules 5.4(a) and 7.2(b) and …
Must a lawyer report another lawyer for failing to segregate disputed funds a third party claims under a lien?
No. The opinion concludes there is no duty to report a lawyer who fails to segregate a referral fee subject to a good-faith lien challenge, even after a court rules the funds belong to the claimant, u…
If a lawyer is admitted in New York and another state, whose ethics rules govern conduct that happens in the other state?
The opinion concluded that a New York-admitted lawyer is always subject to New York's disciplinary authority, but the rules actually applied may be another jurisdiction's: for work outside a court pro…
Can a lawyer use software to pull hidden data and prior drafts out of an electronic document an opposing lawyer sent?
The opinion concluded that lawyers may not ethically use available technology to surreptitiously examine and trace e-mail and other electronic documents to uncover information the sender did not inten…
Can an estate-planning lawyer sell financial products like insurance to a client, or refer the client to a business the lawyer profits from?
Yes, with conditions. The committee concluded that a lawyer may sell ancillary financial products to a client or refer the client to a business the lawyer profits from if the transaction is fair and r…
Could a Maine lawyer use a bank line of credit to advance litigation costs and pass the interest on to the client?
Yes, with safeguards. The opinion concluded a lawyer could finance advanced litigation costs and pass the interest to the client when the cost is tied to the specific case, the client gives informed c…
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.