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 keep required business records electronically instead of on paper?
Yes. The opinion concludes lawyers may keep electronic copies of the business records required under Rules 1.4, 1.15, and 7.2, but may not destroy or alter original client documents entrusted for…
May a judge remain on the board and become president of a charity likely to appear in the judge’s court?
No. The Committee concludes that the charity’s expected appearances in that court, public identification of the judge with it, and the president’s fundraising and public-facing duties make the…
Must a lawyer who ghostwrites pleadings or provides unbundled, limited-scope help to a pro se litigant disclose that assistance to the court?
It depends. The Committee concludes limited-scope assistance is permitted under RPC 1.2(c) with informed consent, and disclosure is required when the help is a tactic to exploit pro se leniency or…
Can a lawyer take a flat fee from an insurer to defend its insured, and can the lawyer agree to keep that fee arrangement secret from the insured?
The opinion concludes a fixed-fee insurance-defense arrangement is permissible so long as it does not impair the lawyer's independent judgment, competence, or diligence. Disclosure of the fee basis…
Could a Colorado judge privately meet an advocacy group about domestic-violence rulings?
Yes, at the judge's discretion. The Board said a meeting could occur with clear limits against special influence and discussion of pending or impending cases.
Can a criminal defense lawyer who is an elected city councilor or county commissioner cross-examine police officers in the same district?
Yes, where the lawyer holds office in a council-manager or county-manager form of government in which the governing board has no direct control over a law enforcement officer's salary or employment.…
Can a lawyer bill a client for both the time spent writing an intra-office email and the time a colleague spends reading and answering it?
Yes. The opinion concludes a lawyer may bill for intra-office communications about a client's matter, including charging for both the sender's and the recipient's time, just as participants in a…
Can a school board's in-house lawyer also serve as the hearing officer in student suspension and expulsion hearings?
Yes, with the board's informed consent. The opinion concludes a lawyer employed by a school board may serve as the administrative hearing officer in student discipline hearings if she reasonably…
Can a Florida law firm outsource legal support work to overseas attorneys or paralegals?
Yes. A lawyer may engage an overseas provider for paralegal-type assistance if the lawyer adequately addresses assisting the unlicensed practice of law, supervision of nonlawyers, conflicts,…
Can a lawyer hire teenagers to leave Spanish-language legal-services flyers on doorsteps in a neighborhood without violating Washington's anti-solicitation rules?
The committee concluded that simply leaving a brochure on a porch, in a mailbox, or in a newspaper does not by itself violate RPC 7.3, but any direct in-person contact by the lawyer or the lawyer's…
Can a Washington lawyer pay or receive a fee from another lawyer purely for referring a client, where the referring lawyer does no work and takes no responsibility?
No. The committee concluded that paying or receiving a pure referral fee between lawyers is prohibited by RPC 7.2(b) and RPC 1.5(e), because it is not proportioned to services and involves no shared…
When a client dies leaving a fee deposit in the lawyer's trust account, to whom does the lawyer pay it, what fees can be taken, and what can the lawyer reveal?
The committee concluded the lawyer must take reasonable steps to identify who is entitled to the funds and hold or interplead them if there is a dispute, may charge only reasonable fees that were…
Can public defender attorneys give their funding agency the names, case numbers, and outcomes of sealed dependency cases without violating client confidentiality?
The committee concluded that RPC 1.6(a) bars revealing dependency-case disposition information whose disclosure would be embarrassing or detrimental to the client, but that information not tied to a…
Can an assistant city attorney who supervises the city's mental health court prosecutions also serve as a pro tem judge in the county's district mental health court?
The committee concluded that nothing in the Rules of Professional Conduct bars an assistant city attorney from serving as a pro tempore judge in an unrelated jurisdiction, so long as the attorney…
Can a lawyer who built a reputation under her professional name keep using that name in practice after legally changing her name for personal reasons?
Yes. The committee concluded the lawyer may continue using her current professional name after a personal legal name change, provided it does not mislead the public and she gives the WSBA the…
Can an elder-law lawyer make an attorney fee agreement irrevocable and non-refundable so the prepaid fee counts as a Medicaid spend-down?
No. The committee concluded fee agreements may not be irrevocable, because that would violate the reasonable-fee requirement of RPC 1.5 and the client's right under RPC 1.16(d) to a refund of…
Can a lawyer have a client sign a stipulated judgment or promissory note for estimated fees before the representation begins, to secure payment from the marital home?
No. The committee concluded that obtaining a pre-representation stipulated judgment to secure fees is unreasonable per se under RPC 1.5(a), a nonconsentable conflict under RPC 1.7, and an…
Can a lawyer withdraw earned hourly fees from the client trust account at the moment of sending the billing statement, before the client has time to review it?
The committee declined to bless specific contract language, but explained that RPC 1.15A(h)(3) requires reasonable notice before withdrawing earned fees, so the lawyer should not withdraw until the…
Can a client enter into a fee agreement by email, and must a lawyer encrypt fee agreements or case information sent over the internet?
The committee concluded that a client may enter a fee agreement by email and that no additional security measures are required absent special circumstances, because email carries a reasonable…
Can a real estate brokerage's general counsel provide limited-scope legal services to the brokerage's customers as part of the brokerage's package, paid by salary?
No. The committee concluded the arrangement violates RPC 5.4(a) and (b), which bar fee splitting and partnership with a non-lawyer whenever any part of the activity is the practice of law, even…
Can a lawyer take a revolving credit line from a financing company using the value of the firm's contingent cases as collateral?
The committee declined to approve the specific venture but said any third-party firm financing must observe three principles: the financier may not direct the lawyer's professional judgment or…
Must a criminal-defense lawyer continue representation when the client fires the lawyer but the judge denies withdrawal?
Yes. The opinion applies Rule 4-1.16(c): the lawyer must continue when the tribunal orders it, unless the specified limited-appearance termination notice applies, or seek review of the judge’s decision.
Does Rule 4-7.3 apply when a lawyer writes an unrepresented business to advise that it has been sued?
Yes. The opinion applies Rule 4-7.3 to businesses as well as individuals when a lawyer who does not represent the recipient writes to advise of a filed suit.
When a California client tells her new lawyer not to notify her prior lawyer (who has a valid charging lien on the recovery) of a settlement, what may and must the successor lawyer do with the disputed fees held in her trust account?
Per California Formal Opinion 2008-175, the successor lawyer must first counsel the client on the adverse consequences of concealing the settlement, then, if the client persists, must nonetheless…
When in-house counsel represent a parent and its corporate affiliates, when is joint representation a conflict and can it be waived in advance?
For wholly owned affiliates, the parent's interests control and there is no conflict between separate clients. For affiliates the parent controls but does not wholly own, inside counsel must treat…
Must a juvenile judge recuse when a witness is married to another judge of the same court?
Nebraska Judicial Ethics Opinion 08-3 rejected automatic recusal solely because a witness is a judicial colleague’s spouse, while requiring an objective assessment of impartiality.
May a South Carolina lawyer file affidavits containing hearsay or statements not based on the witness's personal knowledge in support of ex parte requests or temporary hearings?
Yes, so long as the hearsay or other non-personal-knowledge information is clearly identified as such; admissibility is a question of substantive law. Rule 3.3(a)(3) bars tendering false…
May a South Carolina lawyer who is a party to her own divorce, not acting as counsel, secretly tape record telephone calls with her estranged spouse without consent?
The committee advised that surreptitious recording by a lawyer is ethically permissible only when the lawyer is not acting as a lawyer, public official, or other position of trust and the recording…
A lawyer drafts a custody-modification agreement for two divorced parents; before filing, one parent revokes consent while the other (who paid) insists on filing. May the lawyer file the pleadings?
No. Whether the lawyer has a conflict depends on whether an attorney-client relationship formed with the paying party, but either way the lawyer should not file the pleadings: if both are clients…
May a South Carolina lawyer represent a client against an opposing party whose lawyer shares office space, a receptionist, and equipment with the lawyer?
It is not a per se violation, but on these facts (shared receptionist, lobby, conference rooms, fax and copy machines, thin walls) the arrangement carries a high risk of breaching confidentiality…
Must a South Carolina lawyer obtain extra insurance for client trust funds that exceed the FDIC coverage limit, or place them across multiple banks?
No. Rule 1.15 requires only reasonable steps to safeguard client funds. It does not require a lawyer to insure trust funds above the FDIC limit or to spread deposits across several banks; whether to…
When relatives consult a lawyer about a mentally incapacitated cousin and appear to want to transfer his property against his interests, may the lawyer report the matter to protective services, and who is the client?
The lawyer is not prohibited from reporting suspected exploitation of the incapacitated cousin to the Department of Social Services or an appropriate protective service entity. Who the client is is…
Can a lawyer who settled an injured passenger's insurance claim later represent the driver in a felony DUI prosecution arising from the same accident, after the former client's written waiver?
Yes. The driver's interests likely are not materially adverse to the former client's, since the former client opposes the prosecution; and even assuming adversity, Rule 1.9(a) lets the former client…
Can a plaintiff's lawyer agree, as a condition of settlement, to personally indemnify the defendant and defense counsel against Medicare or Medicaid subrogation lien claims on the settlement proceeds?
No. A lawyer may not agree to serve as an indemnitor for the released parties against third-party lien claims on settlement proceeds. The demand creates a Rule 1.7 conflict between the lawyer and…
What are a lawyer's ethical duties when the lawyer suspects or knows a client is in the country illegally, and must the lawyer ask about a client's immigration status?
The duties are the same as for any client engaged in ongoing criminal activity. Rule 1.6 protects the client's confidential information, and because illegal entry is a past act and unlawful presence…
Can a criminal defendant's firm pay the legal fees of a separately represented government witness for the witness's lawyer to attend a pretrial interview?
To the extent the payment is legally permissible, the committee found no ethical prohibition on a defendant's firm paying a government witness's lawyer's fees for a pretrial interview, provided…
In a South Carolina abuse and neglect case, can one lawyer serve as the child's guardian ad litem, as counsel for the GAL, and also as the child's lawyer?
No. A lawyer may serve as both the child's guardian ad litem and counsel for the GAL (a self-representation parallel), but may not also represent the child. Representing the child while serving as…
Can a Vermont trial lawyer continue when another current client is called as an adverse witness whose confidential information matters to cross-examination?
The opinion says the firm cannot continue representing the trial client if the current client testifies adversely and the firm possesses confidential information it would need to use in…
What should a Nebraska lawyer do when a client disappears shortly before the limitations period expires on an unfiled claim?
On the facts presented, the lawyer should continue a diligent search and file a nonfrivolous suit before limitations runs because withdrawal could materially harm the client. A fee agreement…
Can a law firm act as escrow agent for a developer client's real estate deals (for which the firm is not closing counsel) and hold large earnest-money deposits in a non-IOLTA interest-bearing account, and may it charge a percentage holding fee?
Yes. Because the large deposits will be held for months to two years and can earn income for the client exceeding the cost of securing it, they are not 'nominal or short-term,' so under Rule 412(d)…
May a Vermont lawyer share mortgage-relief fees with a broker or form an LLC with the broker?
Opinion 2008-3 rejected both the proposed fee split and the LLC with a nonlawyer minority owner. The lawyer could engage the broker as an employee or contractor only with close supervision and no…
Can a North Dakota lawyer advertise being named a 'Super Lawyer'?
This opinion has been withdrawn and superseded by SBAND Opinion 09-08. As issued, the committee expressed concern that advertising a 'Super Lawyers' designation without explaining the entity behind…
Is an unsolicited substantive letter to a Nebraska judge an improper ex parte communication when opposing counsel receives it simultaneously?
No, under the facts presented. Because opposing counsel received the same letter and could respond, the communication was not ex parte, and the judge had not invited or initiated it.
Can a lawyer use a trade-credit account processor to finance non-consumer clients' fees, and sell existing receivables to it, the way lawyers accept credit cards?
Yes to both, with informed client consent. The committee treated a trade-credit account processor like a credit-card arrangement (approved in Opinions 81-01 and 96-06): a lawyer may finance fees…
May an Arizona lawyer agree with a client on a file-retention period shorter or longer than five years?
Opinion 08-02 permits client-approved retention periods tailored to the matter; five years is a default recommendation, not a fixed rule for every file. It also addresses final review, notice before…
What conflicts govern a Nebraska county attorney, the attorney's spouse or firm, and a former county attorney entering private practice?
The opinion bars a county attorney's spouse or associated lawyer from Nebraska criminal defense, restricts child-support and probate work, and requires screening and notice when a former county…
When a lawyer and client have signed a discharge agreement but the court has not yet relieved the lawyer, must the lawyer still respond to discovery, depositions, and hearings?
Yes. Under Rule 1.16(c), a lawyer must have the tribunal's permission before terminating a representation, so until the court grants the motion to be relieved the lawyer must continue to provide…
May an Arizona lawyer accept credit-card payments for advance fees and costs?
Under the card-provider arrangements assumed in Opinion 08-01, credit-card payments are permissible for earned fees, earned-on-receipt fees, and reimbursed costs, but not advance fees or costs that…
May a Vermont real estate lawyer help a town locate ancient public roads while representing landowners in that town?
The opinion warns that town research may conflict with duties to former and current landowner clients whose property may be affected. It says the lawyer should avoid work on land involved in a…
May a judge appoint the judge’s secretary’s son-in-law to cases?
West Virginia JIC Opinion 2007-31 permits the appointments if the judge uses an impartial system that avoids favoritism among appointees.
Must a judicial candidate create a campaign committee when the campaign uses only the candidate’s money and accepts no outside contributions?
West Virginia JIC Opinion 2007-30 says no committee is necessary for a campaign funded solely from the candidate’s personal money or assets with no contributions from any other source.
May a judge consult probation officers without a hearing, and must attorney campaign committee roles be disclosed when those lawyers appear?
West Virginia JIC Opinion 2007-29 permits the described probation-officer consultations under former Canon 3B(7)(c) and requires disclosure when the campaign committee chair or treasurer appears…
What happens to mental hygiene commissioner service when one law partner runs for prosecutor, and may the other partner remain a commissioner?
West Virginia JIC Opinion 2007-28 requires the commissioner candidate to resign on becoming a prosecutor candidate, but permits the law partner to continue as commissioner and to serve as campaign…
May an incumbent family court judge use the title “Judge” while campaigning for circuit court?
West Virginia JIC Opinion 2007-27 permits the title if the candidate clearly identifies the judicial position currently held.
May a Louisiana lawyer give a client a thank-you gift after the client refers new business?
The rules do not specifically prohibit client gifts, but the opinion limits them to modest expressions of thanks that are not portrayed or perceived as payment or an incentive for referrals.
Can a divorce lawyer settle with the client for less than a court-awarded fee and promise to repay the client anything the opposing party later pays toward that award?
Yes. The committee concludes settling with one's own client for less than a Domestic Relations Law section 237 fee award, and reimbursing the client for amounts later collected from the adverse…
May a judge write a college recommendation for a student personally known to the judge?
Nebraska Judicial Ethics Opinion 07-4 allowed a recommendation grounded in the judge’s firsthand knowledge, subject to limits on character testimony and use of judicial-office prestige.
Can a Maine lawyer take a non-recourse loan from a litigation finance company to fund a contingency-fee case, repayable only if the case wins?
No. The opinion concludes a non-recourse litigation loan, repayable only if the lawyer recovers a fee and carrying a risk-based interest premium, amounts to sharing legal fees with a nonlawyer in…
When must a lawyer hold settlement funds because a third party, such as a medical lienholder, claims them under Rule 1.15?
The opinion concluded that a lawyer's safekeeping duty under Rule 1.15 runs to third persons as well as clients, but only a lawful, non-frivolous claim to specific funds that the lawyer actually…
Can a law firm represent the underwriters in a securities offering when the issuer picks and pays the firm, and can it also represent the issuer?
Yes, with consent. The committee concludes designated underwriters' counsel may represent the underwriters even though the issuer selects and pays the firm, given disclosure and underwriter consent,…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Weight varies by state: Most bar opinions are advisory, not binding like court discipline decisions, though formal opinions carry substantial weight. Some states go further: Georgia and Virginia opinions approved by the state supreme court bind lawyers there, New Jersey's bind the ethics committees that decide grievances, Rhode Island and Alabama protect the lawyer who asked for an opinion and followed it, and Utah and North Dakota protect lawyers who rely on one. Each opinion page says how much weight its opinion carries.
- 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.