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 Michigan judge set the 'bail' amount in a Jail-and-Bail or Lockup-for-Charity fundraising event?
No. Setting the target 'bail' amount a person must raise for charity is a direct solicitation of funds using the prestige of judicial office, which the Code does not permit.
Can one lawyer work as a city prosecutor and a county public defender at the same time when the jurisdictions overlap?
No. The opinion concluded the dual role created a non-consentable Rule 1.7 conflict, because a criminal defendant's interests are adverse to the law-enforcement authority and a disinterested lawyer wo…
If a lawyer takes a matrimonial case at a reduced rate through a bar referral service, can the lawyer still ask the court to award fees from the other spouse at the lawyer's full customary rate?
The opinion concluded that a lawyer who represents a low- or moderate-income matrimonial client at a reduced fee may include in the retainer a provision contemplating an application to the court for c…
Can a lawyer refer real estate clients to a title abstract company in which the lawyer's spouse has an ownership interest?
The opinion concluded that a lawyer may not refer a real estate client to a title abstract company owned in whole or part by the lawyer's spouse for anything beyond purely ministerial abstract work; w…
If a lawyer is both 'of counsel' to a firm and a solo practitioner, do fees the firm pays for clients the lawyer brings in count as a fee division requiring client consent?
No, for the of-counsel work. The opinion concludes a bona fide 'of counsel' lawyer is treated like a partner or associate, so sharing fees on firm clients the lawyer develops is not a fee division req…
Can an Ohio lawyer pay a commercial website that lists the lawyer's information for potential clients, and how is that different from paying for a referral?
The opinion concluded that an Ohio attorney must distinguish permitted payment for legal advertising under DR 2-101 from prohibited payment for a referral under DR 2-103(B): a fixed payment for a fixe…
Can a lawyer send a letter to the opposing party about the case if they copy the opposing lawyer on it?
The opinion concluded that a lawyer may not send a written communication to an opposing lawyer's client about the subject of the representation without that lawyer's consent, and simultaneously copyin…
If a third-party custodian tells a criminal defense lawyer that the client is violating release conditions, must the lawyer report it to the court?
The opinion concluded that the Alaska Rules of Professional Conduct did not require the attorney to report the custodian's information to the court, given the duty of loyalty to the client.
Can a plaintiff's lawyer contact represented defendants, by mail or at a deposition, to advise them of their right to separate counsel when their insurer-retained lawyer may have a conflict?
No. The opinion concludes Rule 4.2 bars a plaintiff's lawyer from communicating with represented defendants without their lawyer's consent, even to warn them of a possible conflict, and even in their …
Can a lawyer interview a former employee of an opposing corporation ex parte, and can the lawyer ask about that employee's privileged communications with the company's counsel?
Yes as to the contact, no as to privileged communications. The opinion concludes Rule 4.2 (with Comment 4) lets a lawyer contact an unrepresented former employee of an opposing corporation, but Rule 4…
Is it ethical for a lawyer to bring in co-counsel from a judge's former law firm for the purpose of forcing the judge to recuse from the case?
Depending on the facts, it may be professional misconduct. Associating a lawyer from a judge's prior firm for the primary purpose of provoking the judge's recusal, especially after the judge has issue…
Can an insurer demand information from defense counsel that it could use to deny the insured's coverage?
The Committee concluded that it is improper for a law firm retained by an insurer to defend a policyholder to give the insurer case information the insurer could use to deny the policyholder's coverag…
Can a lawyer disclose that a former or prospective client used the lawyer's advice to commit a fraud on a court?
The Committee concluded that where a former or prospective client used the attorney's advice to perpetrate a fraud on a court, the attorney may, at the attorney's discretion, disclose the information …
What does Virginia's compendium advertising opinion say about actors, 'no recovery, no fee,' case results, trade names, referral services, and calling yourself a 'specialist' or 'expert'?
This is Virginia's consolidated guidance on lawyer advertising under Rule 7.1. It treats as misleading: undisclosed actors posing as lawyers, 'no recovery, no fee' when the client may owe costs, unqua…
Does a lawyer listing practice areas in an online directory have to include Tennessee's specialization-certification disclosures?
Vacated. As originally issued, Formal Ethics Opinion 2001-F-144(b) concluded that lawyers listing areas of practice on the Internet, including law directories and other public websites, had to comply …
What specialization-certification disclosures did a Tennessee lawyer advertisement have to include, and for which practice areas?
Vacated. As originally issued, Formal Ethics Opinion 2001-F-137(b) explained that under DR 2-101(C) a lawyer advertising a practice area had to include the precise certified, not-certified, or not-ava…
I share office space with two attorneys who are solicitors for a municipality. Can I appear before that municipality's zoning board even though their conflict would normally be imputed to a law firm?
Yes, on these facts. The panel held that because the three attorneys maintained separate, independent practices with no indicia of a joint firm, their office-sharing arrangement was not a 'firm' under…
Can I send direct-mail advertising for my employment-law practice to companies that have had discrimination complaints filed against them with a human rights agency?
The panel held direct-mail solicitation is barred only toward employers currently represented by counsel on a pending agency complaint; employers with past complaints, or pending but unrepresented emp…
In Kentucky, may an insurance-defense lawyer agree to follow an insurer's case-handling guidelines (such as prior approval of discovery or research, billing caps, and reporting deadlines) when representing the insured?
The opinion concluded a lawyer may agree to insurer guidelines only if they do not interfere with the lawyer's independent professional judgment, the lawyer discloses them and obtains the insured's in…
Can a lawyer who is also a licensed insurance broker sell insurance products to the public and to her own legal clients?
The opinion concluded that a lawyer who is also a licensed insurance broker may sell insurance to the general public and to her own clients, but when selling to a client she enters a business transact…
Must a defense lawyer hired by an insurer follow the insurer's litigation guidelines, and can the lawyer send the insured's billing details to the insurer or an outside auditor?
The opinion concluded that a lawyer must not let an insurer's guidelines materially impair independent professional judgment for the insured, may disclose billing and work information to the insurer w…
Can an Ohio judge appear in a spouse's campaign literature or allow the spouse's campaign signs on jointly owned property?
The opinion concluded that under the former Ohio Code of Judicial Conduct a judge whose spouse is running for office may appear in the family picture and be listed by name (with or without the title '…
Can a lawyer write a check from the attorney escrow account against a bank or certified check that has been delivered but not yet deposited or cleared?
The opinion concluded that a lawyer may not issue an escrow check drawn against an undeposited or uncleared bank or certified check, because doing so uses one client's cleared funds to cover another c…
Can a law firm outsource its human resources and payroll to an outside employee-management company (a PEO or ASO) that becomes the staff's co-employer?
The opinion concluded that a law firm may contract out its human resources functions to an outside employee-management company, even one that becomes a co-employer of the firm's lawyers and staff, but…
Can unaffiliated lawyers share office space and staff without forming a firm, and what ethics rules must they follow?
The opinion concluded that unaffiliated lawyers may share office space, staff, and equipment without forming a firm, but they must protect each client's confidences, preserve each lawyer's independenc…
Can a lawyer accept a fee or commission for recommending a nonlawyer service provider to a client?
The opinion concluded that the rules did not flatly prohibit a lawyer from receiving consideration for recommending a nonlawyer's services to a client, but that a referral fee which in substance incre…
Can a divorce lawyer assert a statutory attorney's lien against property the client was awarded in the divorce, and does Rule 1.8(a) apply?
Asserting a statutory attorney's lien does not require satisfying Rule 1.8(a)'s business-transaction conditions, because the lien is a right granted by statute and is expressly allowed by Rule 1.8(j).…
Can a North Carolina lawyer who is also a CPA run a combined law and accounting practice from one office and cross-refer clients?
Yes, within limits. The opinion concluded an attorney-CPA may offer both services and cross-refer with disclosure, but may not share legal fees with a CPA firm, must protect client confidences and con…
Can a North Carolina lawyer notarize a document without witnessing the signers sign it or taking their acknowledgment, if the lawyer knows their signatures?
No. The opinion concluded that a lawyer acting as a notary must follow the legal requirements for acknowledgment; notarizing without a proper acknowledgment violates Rule 8.4(a) and (d), and directing…
Can a North Carolina lawyer sign a statement acknowledging a finance company's assignment of part of a personal injury client's recovery and agreeing to pay it from the proceeds?
Yes, with conditions. The opinion concluded a lawyer may acknowledge a valid assignment if it does not compromise independent judgment, the acknowledgment preserves the client's instructions where the…
After a lawyer jointly represented spouses in a Chapter 13 bankruptcy and one disappears, can the lawyer keep representing the remaining spouse?
Often yes, but not always. The opinion concluded continued representation is not an actual conflict by itself, but becomes one if the spouses' debts conflict or the absent spouse's confidences would b…
Can a former in-house lawyer who discovered company fraud disclose the company's confidential documents to prosecutors or use them in his own wrongful-termination suit?
Partly. The opinion concluded the lawyer may reveal confidences to prevent a future crime, but not for past conduct, and may use confidences in his own claims only as needed to give notice, and otherw…
Does a lawyer who represents a trade association also represent its individual members, and when can the lawyer take a matter adverse to a member?
The opinion concluded that representing a trade association does not, by itself, create an attorney-client relationship with each member, so the lawyer is usually free to act adverse to a member; but …
How long must a New Jersey lawyer keep a client's file after a matter is over, and when may the file be destroyed?
The opinion concluded that, absent an agreement fixing an earlier date, a client may assume the file will remain available for seven years after the matter is closed, after which it may be destroyed. …
In a civil case, can a lawyer interview an independent contractor working for the opposing corporate party without the consent of the corporation's counsel?
The opinion concluded that a lawyer may communicate with an adverse corporate party's independent contractor without opposing counsel's consent unless the contractor has personally retained counsel in…
After mediating a divorce, can the lawyer-mediator draft and file the separation agreement and divorce papers for both spouses as joint clients?
The opinion concluded that a lawyer-mediator may draft and file the separation agreement and divorce papers for both spouses only when the mediation has fully succeeded, the parties are fully informed…
When a California lawyer learns material information during an unsuccessful initial consultation with a prospective client that would be useful to an existing client in an unrelated matter, must the lawyer disclose it to the existing client?
Per the opinion, no. The lawyer owes the prospective client a duty to preserve the confidentiality of information disclosed in an initial consultation, even when no engagement results. The lawyer's du…
Can a lawyer narrow the scope of a representation to carve out the part that would conflict with another current or former client?
Yes. A lawyer may limit a representation to eliminate the adverse portion and avoid a conflict, if the client consents after full disclosure and the limited representation is still adequate; the lawye…
Can one law firm represent clients with differing interests in a corporate deal, or a client adverse to another firm client in a separate matter?
Yes, with disclosure and informed consent, if a disinterested lawyer would believe the firm can competently represent each client; the transactional context is judged more flexibly than litigation, we…
How long must a California lawyer keep a former client's closed file, and when may the lawyer destroy it?
Per California Formal Opinion 2001-157, original papers and property the client gave the lawyer (including documents delivered under Probate Code section 710) are governed by the law of deposits or th…
When a city attorney advises both the city council and the mayor on the same matter and they take antagonistic positions, does that representation create a Rule 3-310(C) conflict of interest?
Per California Formal Opinion 2001-156, ordinarily no, because the city attorney has only one client (the city itself, acting through its constituent sub-entities and officials under former Rule 3-600…
Is a California law firm's public Internet website (describing the firm and offering email contact) a regulated 'communication' or 'solicitation' under former Rule 1-400, and what cross-jurisdictional considerations apply?
Per California Formal Opinion 2001-155, the website is a 'communication' under former Rule 1-400(A) and an 'advertisement' under Business and Professions Code sections 6157-6158.3, so all rules agains…
If someone emails confidential information to a firm through its website, can the firm still represent the opposing existing client, and can it use the information?
Receiving an unsolicited email does not by itself disqualify the firm from representing an existing client in the same matter; but absent an adequate website warning that the information will not be c…
Can a lawyer answer legal questions and post articles on an online listserve or message board without violating the confidentiality, conflict, and advertising rules?
The committee concluded there is no single answer: answering general legal questions usually does not create representation, but answering specific questions can create an attorney-client relationship…
Can a lawyer join a barter and referral club where members trade services and refer clients to each other?
Yes, with a condition. The opinion concluded a lawyer may join a barter club like BNI or TBI without violating Rules 7.2(c) or 7.3, but the lawyer must make a good faith determination, for each client…
Are flat fees allowed in Washington, where should a flat fee be deposited, and what if the work isn't finished?
Flat fees are allowed if reasonable. The committee concluded a flat fee does not violate the RPCs but must be reasonable under RPC 1.5 (and may be unreasonable if the relationship ends before the work…
When a lawyer holds a minor's blocked settlement account, must the lawyer share account information with the child's mother and report concerns to the court?
The committee concluded that RPC 1.4(a) requires complying with reasonable requests for information (for a minor, typically through a guardian), that the account records are client property the lawyer…
Can an estate-planning lawyer who is also a licensed insurance agent split an insurance commission on a product recommended to the client?
No. The committee concluded that a lawyer providing non-legal services for profit in conjunction with legal representation, such as splitting an insurance commission on a life-insurance trust recommen…
Can a lawyer send a solicitation by email if the same content would be allowed in a solicitation letter under RPC 7.3(b)?
Yes, on the same terms as a letter. The committee concluded that if a single email's content could be sent in letter form in compliance with RPC 7.3(b), sending it by email also complies, provided the…
Can a lawyer charge a contingency-fee client interest on litigation costs the lawyer advances?
Yes, with conditions. The committee concluded that a lawyer may provide in the written fee agreement, at the start of a contingency-fee representation, that advanced costs accrue interest after a stat…
Can a lawyer give a client in litigation money for an emergency, or lend it, under RPC 1.8(e)?
A gift yes, a loan no. The committee concluded that a lawyer may make a bona fide gift with true donative intent without violating RPC 1.8(e), but may not make a loan to a client under RPC 1.8(e); the…
Can a law firm let a prepaid legal plan link to the firm's website and publish 'success stories' about the firm's lawyers?
Yes, with limits. The committee concluded that allowing a prepaid legal plan to link from its website to the firm's site is not restricted by the RPCs, and that 'editorials' or 'success stories' may b…
Can a Washington lawyer place client trust funds in a higher-interest uninsured account with client consent, and must funds over the FDIC limit be split across banks?
No to both. The committee concluded RPC 1.14's requirement that trust funds sit in insured 'qualified public depositories' is mandatory and cannot be waived by client consent, and that RPC 1.14 does n…
Can a lawyer in a county bar referral service call a referred prospective client first, before the client contacts the lawyer?
No. The committee concluded that RPC 7.3(a) does not permit participating attorneys to initiate telephone or personal contact with prospective clients referred by a county bar lawyer referral service,…
Can a Washington lawyer pay for a listing in an out-of-state Internet legal directory like Martindale-Hubbell?
Yes, subject to the advertising rules. The committee concluded that web-based legal directories fall under RPC 7.2 just as print directories do, and that RPC 7.1 applies through RPC 7.2(a); the lawyer…
Can a lawyer who is also a CPA sign a CPA firm's noncompete that bars providing tax-related legal services to the firm's clients after leaving?
No, as drafted. The committee concluded the noncompete would violate RPC 5.6 because it restricted the lawyer's right to practice after termination, and that a damages-only remedy was still a restrict…
Can a law firm pay a non-lawyer lobbyist based on the fees the firm collects from clients the lobbyist refers?
No. The committee concluded that RPC 5.4 bars sharing legal fees with non-lawyers and RPC 7.2 bars paying referral fees for channeling work; any profit-sharing that includes non-lawyers must be based …
Can a lawyer jointly represent civil co-defendants where one defers control to the paying client, and take an advance waiver of future conflicts?
Yes, within limits. The committee concluded the RPCs do not bar joint representation of civil co-defendants; RPC 1.7 requires written consent after consultation and disclosure, RPC 1.2(c) lets a lawye…
Can a retired, inactive lawyer's retirement agreement with the former firm include a percentage 'referral fee' on fees generated?
No as to the referral fee. The committee concluded that the agreement's percentage 'referral fee' violates RPC 7.2, but retirement payments and compensation for future non-lawyer services that do not …
May a Washington lawyer join a for-profit website that lists lawyers offering fixed-fee or reduced-rate services?
Yes. The committee concluded that, under RPC 5.4(a) and 7.2(a), a lawyer is not prohibited from joining a for-profit Internet site giving users access to lawyers willing to work for fixed fees or lowe…
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.