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 advance a client's living expenses as 'expenses of litigation' under Washington RPC 1.8(e)?
No. The committee recommended that the phrase 'expenses of litigation' in RPC 1.8(e) not be modified or expanded to include a client's 'living expenses.'
Can a lawyer refer a client to another lawyer with whom the referring lawyer shares a business interest, such as a co-owned office corporation?
Yes, with conditions. The committee concluded the Rules of Professional Conduct do not prohibit referring a client to a lawyer with whom the referring lawyer has a common business interest, but the re…
Do the ethics rules apply to a government lawyer in a job that does not require a law license, and what governs when a matter cannot be pursued in good faith?
Yes. The committee concluded the RPCs apply to all Washington-licensed lawyers regardless of how the employer characterizes the position; RPC 3.1 governs the lawyer's responsibilities when a matter ca…
Does Washington RPC 7.4 require board-certification disclaimers on a lawyer's business cards and letterhead?
Yes. The committee concluded that RPC 7.4 applies to business cards and letterhead, and that stating board certification there without the disclaimers RPC 7.4(b) mandates would violate RPC 7.1(a), 7.4…
Can a lawyer's website link to other sites and use search-engine keywords, and what records must the lawyer keep?
Yes. The committee concluded that a lawyer's website may link to other sites providing educational or practice-related information if it carries the disclaimer described and complies with RPC 7.1 and …
Can a lawyer who did collections and eviction work for a hospital later sue that hospital for malpractice on behalf of a new client?
Yes, if the matters are not substantially related. Assuming a former attorney-client relationship with the hospital, the committee concluded RPC 1.7 and 1.8 did not apply (the hospital was not a curre…
Can a lawyer mail advertising brochures to a recently incarcerated person?
Yes. The committee concluded that the rules do not prohibit a lawyer from soliciting a prospective client by mailing truthful, non-misleading advertisements, even to a recently incarcerated individual…
Can a lawyer advertise under a name different from the one they are licensed under?
No. The committee concluded that advertising under a name other than the lawyer's licensed name (here, adding a maternal surname) is false and inherently misleading in violation of RPC 7.1(a) and 7.5(…
Can a lawyer bill costs as a flat percentage of the fee instead of itemizing them?
Yes. The committee concluded that a lawyer may add a flat percentage to a client's bill (for example, 2% or 3%) in lieu of itemizing costs such as long-distance calls, postage, copying, and faxes, if …
Can a lawyer pay administrative fees to a for-profit lawyer referral service in Washington?
No. The committee concluded that, unlike a not-for-profit referral service, RPC 7.2(c) bars a lawyer from an agreement with a for-profit lawyer referral service that requires the lawyer to pay the ser…
Can a lawyer break client confidentiality to alert family or authorities when a client threatens suicide?
The committee concluded a lawyer could notify family, protective agencies, police, or the client's doctors to prevent a threatened suicide if she reasonably believed the threat was real and the client…
Can a lawyer be 'of counsel' to two different law firms at the same time?
The committee concluded a lawyer could be of counsel to two firms if he did regular, continuous legal work for both, but the relationship made the two firms one for conflict-checking and required disc…
If a lawyer in a firm is a part-time municipal judge, can the firm's other lawyers practice in that same court, as long as they never appear before the part-time judge?
The committee concluded that an associate or partner of a part-time municipal judge is not ethically barred from practicing in the court where the judge presides, so long as that lawyer does not appea…
When a personal-injury lawyer's spouse co-owns a chiropractic clinic and they share its profits, can the lawyer cross-refer with the clinic and represent its patients?
The committee concluded the lawyer may refer clients to the clinic only if the referrals are not a quid pro quo for referrals received (Rule 7.2(c)) and the lawyer discloses his financial interest; be…
Can a South Carolina lawyer put a mandatory arbitration clause in a fee agreement with a client?
The committee found no hard South Carolina rule and noted other states are split; it concluded the preferable course is to reference the Bar's Resolution of Fee Disputes Board rather than a mandatory …
Can a prosecutor use evidence a colleague obtained through a criminal subpoena issued before any arrest warrant or indictment?
The committee concluded that if procedural law does not allow a criminal subpoena duces tecum before an arrest warrant or true-billed indictment, the prosecutor who obtained it would violate Rule 8.4(…
After a firm unknowingly represented both sides in unrelated matters, can the firm keep suing the contractor for the church when the contractor uses the old conflict as settlement leverage?
The committee concluded no former-client consent was needed under Rule 1.9 because the church's construction suit was unrelated to the firm's prior workers'-comp defense of the contractor; but if the …
Can a lawyer pay an Internet service for leads, whether a flat monthly fee or a charge per click or referral, without violating the rule against paying for recommendations?
The committee concluded a lawyer may pay an open-to-all Internet service either a flat advertising fee or a per-hit charge, treating per-hit pricing as a measure of advertising effectiveness rather th…
If a doctor sends a form letter claiming Rule 1.15 gives him a lien on a client's settlement, must the lawyer pay the doctor's bill out of the recovery?
The committee concluded Rule 1.15 does not itself create a lien for the physician; the Rules of Professional Conduct do not create substantive rights, so without a valid lien or assignment the lawyer …
Can a lawyer withdraw when a client stops paying and then discard the client's files if the client does not pick them up?
Withdrawal yes, discarding no. The opinion concluded the lawyer may terminate for a client's nonpayment or failure to communicate, but must take reasonable steps to avoid foreseeable prejudice, and di…
Can a lawyer contact a former employee of a represented company ex parte to investigate a claim before suit, and get an affidavit?
The committee concluded Rule 4.2 does not bar ex parte contact with a former employee of a represented corporation, because a former employee is not a party and the company is not bound by what the fo…
Must a law firm download a former client's electronic file from its computer system when the client asks for it?
Yes. The opinion concluded that when a client is entitled to file materials, the firm may not refuse to download them to disk if that can be done easily and without disclosing other clients' confidenc…
Can an Oklahoma-licensed lawyer who is board certified in Texas advertise that Texas certification in Oklahoma directories?
Probably yes. The committee concluded that Oklahoma's Rule 7.4 (which bars most specialty designations) likely would not survive a First Amendment challenge under Peel and related Supreme Court cases,…
Can an insurance defense lawyer represent an insured when the insurer sends the lawyer's bills to an outside auditor?
No. The committee concluded that defense counsel may not agree to represent an insured knowing the insurer will send counsel's invoices to an outside auditor, because seeking the client's informed con…
Can an Ohio law firm put client testimonials, client names, or links to its case opinions on the firm's website?
The opinion concluded that it was improper for a law firm website to include client testimonial quotations describing the firm's services, even with client consent, but that the firm could list a clie…
Can an Ohio lawyer pay an online lawyer referral service a registration fee plus a percentage of the legal fees earned from referred clients?
The opinion concluded that an Ohio attorney may pay an online lawyer referral service a membership or registration fee and a fee calculated as a percentage of the legal fee earned, provided the servic…
Can an Ohio lawyer offer financial planning services through the law firm to estate and business clients, and charge a percentage of assets managed?
The opinion concluded that the former Ohio Code of Professional Responsibility did not prohibit an attorney from providing financial planning services through the law firm to business and estate plann…
Can a plaintiff's lawyer make a settlement offer letting the plaintiff take an assignment of the defendant's bad-faith claim against the insurer in exchange for a covenant not to execute beyond policy limits?
Yes, as long as the offer is communicated in compliance with Rules 4.1 and 4.2. The plaintiff's lawyer does not act unethically just because the offer may create a conflict of interest for the defenda…
Can a lawyer charge the client more for a contract lawyer's work than the lawyer paid for it?
It depends on how it is billed. The opinion concluded a lawyer could add a surcharge (profit) when a contract lawyer's work was billed as legal services, so long as the total fee was reasonable under …
Can lawyers use websites to recruit class-action plaintiffs or bid on legal projects posted by clients, and what does D.C. require?
The opinion concluded that lawyers may use websites to seek class-action plaintiffs and to obtain work through legal-bidding sites, because D.C. has no special solicitation rules and treats all such c…
Must a Mississippi lawyer report another lawyer's misconduct under Rule 8.3 even if the client objects, the other lawyer denies it, and it was already reported in another state?
The opinion concluded that if the information meets Rule 8.3's knowledge and substantial-question standard, the Mississippi lawyer must report Mississippi misconduct to The Mississippi Bar; the client…
I'm suing a state agency and its employee. Can I contact other state agencies and employees directly, or does Rule 4.2 require me to go through the state's counsel?
The panel held the lawyer could directly contact non-managerial employees of unrelated state agencies to gather records, but could not directly contact managerial employees or officials of the specifi…
Does a lawyer, including a legal aid organization, have to tell the client about a significant error that could support a malpractice claim, and might the lawyer have to withdraw?
The opinion concluded that a legal services organization is held to the same ethical standards as any other law office, so it must report to the client a significant error or omission that may give ri…
Can a lawyer elected to a full-time constitutional regulatory office keep practicing law on the side, keep the firm name, or share post-election fees?
The committee concluded the answer to all three was no: the lawyer may not continue private practice, the office holder's name may not be used in the firm name (and a family member cannot be made 'of …
When a lawyer is elected to a full-time constitutional public office, must the lawyer dissolve the law partnership, and what happens to fees and a shared office building?
The committee concluded the lawyer must dissolve the firm under an appearance-of-impropriety standard, may still collect a share of receivables earned before leaving (disentangling contingent cases at…
Can a lawyer use a collection agency to pursue unpaid legal fees, and can the lawyer report the non-paying former client to a credit bureau?
The opinion concluded a lawyer may use a collection agency for unpaid fees after exhausting other reasonable efforts and revealing no more than necessary under Rule 1.6, but may not report a non-payin…
If a client dies before signing a will I drafted, can I testify at a deposition about who the client intended to name as beneficiaries?
No. The panel held the duty of confidentiality under Rule 1.6 survives the client's death, so the lawyer must invoke the attorney-client privilege and the confidentiality obligation rather than disclo…
If a lawyer once served as city attorney and now defends city officials in suits the city or its insurer may have to pay, can the lawyer take a new client against the city in an unrelated matter?
It depends on capacity and who pays. The opinion concluded that if the officials are sued in their official capacity, or in their individual capacity but the city or its insurer would pay any judgment…
Can a Maine lawyer join an online legal-services matching website that advertises the network, sets flat fees, and requires a no-withdrawal promise?
Yes, with limits. The opinion concludes a member lawyer is accountable for the website's false advertising and must treat its member-related ads as paid advertising, the listing is not a prohibited pa…
Can a law firm pay a non-lawyer employee a percentage of the fees from matters the employee referred, now that the rule allows profit-sharing compensation?
The opinion concluded that the 1999 amendment letting a firm compensate non-lawyer employees on a profit-sharing basis does not allow paying an employee a percentage of fees attributable to matters th…
What must a lawyer do when a client unexpectedly lies to or misleads the court, whether or not the client is under oath?
Counsel who knows a client has materially misled the court may not stay silent and keep representing the client; that is assisting a fraud on the court under Rule 3.3(a)(2). Counsel must first remonst…
Can a lawyer whose firm has several associates practice under a name like 'The [Surname] Group'?
The opinion concluded that a lawyer named X whose firm includes a number of associates may practice as 'The X Group,' because the word 'group' simply signals that the named lawyer practices with other…
Can a lawyer in an eminent domain case give the court-appointed commissioners ex parte material to influence their valuation while withholding it from opposing counsel?
No. The committee concluded that improperly influencing the commissioners' valuation, and concealing or contradicting evidence between the commissioners and opposing counsel, is unethical and violates…
Can an insurance company require the defense lawyer it hires for an insured to always appeal, demand a jury, or refuse mediation, even against the insured's interest?
Formal Ethics Opinion 2000-F-145 concluded that a defense lawyer retained by an insurer to represent an insured may not accept conditions directing trial strategy (always appealing adverse General Ses…
Can I volunteer as the court's 'attorney of the day' if I am paid only when the defendant pleads guilty that day?
The Committee concluded a lawyer may not volunteer for a court 'attorney of the day' program in which the lawyer earns a more-than-nominal flat fee only if the defendant pleads guilty that day, becaus…
If my client's lawyer prepared a defective QDRO and won't fix it after I flag it, do I have to report them to the bar?
The Committee concluded the divorce lawyer must prepare the QDRO competently and correct material defects once flagged (Rule 1.01); the employer's reviewing lawyer must report the failure under Rule 8…
Can I follow my insurance-company client's litigation and billing guidelines when I am defending the insured?
The Committee concluded that defense counsel retained by an insurer may not agree to insurer litigation or billing guidelines that direct or regulate the lawyer's independent professional judgment in …
Can my insurance-company payer require me to send my fee statements to its third-party auditor without my client's consent?
The Committee concluded that a lawyer retained by an insurer to defend an insured may not, without the insured's informed consent, submit fee statements describing the legal services rendered to the i…
May a California lawyer use an initial engagement agreement that waives the lawyer's fee if the client agrees not to accept any settlement confidentiality clause, but provides for the lawyer's full reasonable fee if the client does accept one?
Yes. Per the opinion, the arrangement does not unlawfully restrain settlement because the client retains the right to settle on any terms and, if a confidentiality clause is accepted, owes only the re…
Can a lawyer put a mandatory binding-arbitration clause in a retainer agreement covering fee, malpractice, and other disputes?
Yes, with conditions. The committee concluded that nothing in the Rules prohibits a mandatory arbitration clause covering fee disputes, malpractice, and other claims under the retainer, provided the l…
Can a lawyer report a client or former client to a credit bureau to collect an unpaid legal fee?
The opinion concluded that an Alaska attorney may not refer information about a present or former client to a credit bureau without the client's knowing consent, reaffirming Ethics Opinion 86-3.
When a former client asks for a complete copy of the file, can the lawyer charge for the search and copying costs?
The lawyer may charge reasonable costs to search for and reproduce information the client is entitled to access; the client's right is generally one of access, not ownership, and who owns the file is …
When a lawyer jointly represented a married couple who are now divorcing, who is entitled to the joint client file?
Both former joint clients are entitled to the joint file. The panel held the lawyer should give each spouse a copy (withholding the lawyer's own work product) and hold the original in escrow until the…
Can a lawyer who represents lenders or borrowers in real estate deals pay the firm's employees to steer those clients to a title insurance agency the lawyer owns?
The opinion concluded that a lawyer may not compensate the firm's employees for soliciting clients or other parties to engage a title insurance agency the lawyer owns, because the lawyer could not eth…
Can a plaintiff's lawyer agree, as part of a settlement, to broad confidentiality terms that would effectively keep the lawyer from representing other clients against the same employer?
The opinion concluded that a lawyer may not agree to settlement confidentiality terms so broad that they would restrict the lawyer from representing future clients by barring use of information not pr…
Can a lawyer take an ownership stake in a client company instead of charging fees, and what does D.C. require?
The opinion concluded that taking equity in a client as compensation is permissible if the fee is reasonable under Rule 1.5(a), and if the lawyer satisfies Rule 1.8(a) (the deal is fair, fully disclos…
Can a North Carolina lawyer let a paralegal conduct a residential real estate closing without the lawyer present?
No. The opinion held a non-lawyer may not close a residential transaction because the closing conference involves giving legal advice, though a paralegal may oversee execution of documents with the la…
Can a government lawyer's investigator interview lower-level employees of a represented company without the company lawyer's consent?
Yes. The opinion concluded the no-contact rule did not bar informal interviews of non-managerial employees who could not bind the represented organization or make admissions for it, even without the c…
Can a North Carolina lawyer charge a flat fee in advance and call it nonrefundable, keeping it even if the representation ends early?
No fee is truly nonrefundable. The opinion concluded a lawyer may take a flat fee into the operating account if the client agrees it is earned when paid, but must refund any portion that is clearly ex…
Can a North Carolina lawyer answer legal questions posted by the public on a company's website message board?
Yes. The opinion concluded a lawyer may respond to inquiries on an Internet message board if the lawyer clarifies the nature of the relationship and the limits of the information provided, states wher…
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.