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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If a client signs a letter of protection promising a medical provider payment from a settlement, can the lawyer pay the client all the proceeds anyway?
No. Once a client signs a letter of protection, the provider has a lawful interest in part of the proceeds, so the lawyer may decline a client's instruction to pay everything to the client and must ho…
Can a lawyer for the tortfeasor prepare the probate application to settle an unrepresented minor's injury claim?
Yes, with disclosures. The lawyer may prepare and file the application, but must tell the minor and parents in writing that the lawyer represents the tortfeasor, does not represent them, and that they…
Can an Alaska lawyer accept a client's pre-authorization to charge a credit card for fees as part of the engagement agreement?
The opinion withdraws the part of Ethics Opinion 85-5 that prohibited pre-authorizing credit card payments, so a lawyer may obtain a client's advance authorization to charge a credit card; the rest of…
Does New Mexico require every practicing lawyer to have a written succession plan, and what must it contain?
Yes. Rule 16-119 NMRA requires every lawyer practicing in New Mexico to keep a written succession plan naming an assisting lawyer and locating client and trust-account information, to notify clients o…
Can a lawyer give a deceased client's will, trust, or estate-planning work product to the heirs or beneficiaries when the trustee or executor will not?
Yes, within limits. The opinion concludes a lawyer may provide a deceased client's estate planning documents, and related work product, to beneficiaries or heirs when the trustee or executor has not, …
Can a Tennessee lawyer accept credit cards or payment apps like Venmo and PayPal for legal fees, including unearned retainers?
Yes. Tennessee Formal Ethics Opinion 2023-F-170 permits lawyers to accept credit cards and payment-processing services for fees, including unearned fees, if they protect client confidentiality, treat …
When a Tennessee lawyer leaves a law firm, who must notify the clients, and what choices does the client have?
Tennessee Formal Ethics Opinion 2023-F-169 holds that both the departing lawyer and the firm must notify affected clients under RPC 1.4 of the lawyer's departure and the client's options (stay with th…
Where is the ethical line between legitimately preparing a witness to testify and improperly coaching the witness, including over video?
Preparing a witness is proper and often ethically required, but it becomes misconduct when the lawyer counsels or assists false testimony or obstructs evidence. The same limits apply to remote proceed…
Can a law firm require a departing lawyer to pay a percentage of fees on transferred cases to repay the firm's advertising costs?
No. The Board concludes that requiring a departing lawyer to pay the firm 25% of fee recoveries on transferred cases, on top of quantum meruit, is an impermissible restriction on the right to practice…
Can a lawyer who was fired by a client keep contacting that client to win the matter back after the client hired a new lawyer?
With rare exception, no. Once the discharged lawyer knows the former client has retained new counsel in the matter, contacting the client to resume the representation is barred by the no-contact rule …
Can a lawyer keep representing a current criminal client who will testify before a grand jury against the lawyer's former client?
Only if the former client gives informed written consent and the disclosure needed to get it would not prejudice the current client. Because withdrawal would avoid the need for consent, the opinion sa…
In Minnesota, does the no-contact rule (Rule 4.2) apply to a lawyer who is representing themselves and wants to contact a represented opposing party?
The Board adopts the dissent in ABA Formal Opinion 502: because Rule 4.2 begins 'In representing a client,' and a self-represented lawyer is not representing a client, the Board declines to extend Min…
Can a North Carolina settlement agreement include a confidentiality clause that bars the lawyer from using or disclosing publicly available information about the case, like court opinions and the parties' names?
No. Under Rule 5.6(b), a settlement clause restricting a lawyer's use or disclosure of publicly available case information is an impermissible restriction on the lawyer's right to practice; clauses ke…
My firm is the Town Solicitor and also counsel to a municipal agency. Is representing both a conflict of interest?
The panel concluded there is no concurrent conflict under Rule 1.7 on these facts, because the Agency and the Town do not have adverse interests. The Town Council merely took a position on a type of d…
Is a lawyer who works as a confidential assistant to a government attorney, doing clerical and document-preparation work, bound by the Rules of Professional Conduct?
Yes. The opinion concludes that a lawyer employed to provide both legal and nonlegal support to a supervising lawyer's client is subject to the Rules, because the assistant's nonlegal work is part of …
Can lawyers who are not in the same firm share office space, and what do they have to do to protect client confidences and avoid conflicts?
Yes. Office sharing is generally permitted if the lawyers protect client information, do not hold themselves out as one firm, supervise shared staff, and run conflict checks. They are not automaticall…
Can a Wisconsin lawyer reveal client information to respond to a negative online review or social-media criticism?
No. The opinion concludes that a lawyer may not reveal information relating to the representation in response to online criticism without the affected client's informed consent, and that the self-defe…
Can a Child Support Enforcement Agency staff attorney represent the state in a CSEA matter the same attorney decided as an administrative hearing officer?
Not without informed consent confirmed in writing from all parties, because the attorney participated personally and substantially as an adjudicative officer; other law may bar it even with consent. T…
Must an Ohio judge recuse when a lawyer employed by, associated with, or in partnership with the judge's spouse appears before the judge?
Not automatically. Disqualification depends case-by-case on whether the judge's impartiality might reasonably be questioned and whether the spouse has more than a de minimis interest that could be sub…
What are an Ohio lawyer's duties when served with a subpoena duces tecum for a former client's entire file?
The lawyer must promptly notify the former client and seek informed consent before disclosing. If the client objects, or cannot be located, the lawyer must assert all reasonable claims to limit disclo…
Is an Ohio mayor's court magistrate bound by the Code of Judicial Conduct, and can the magistrate run for partisan office or lead a political party?
No. The Board concludes that a mayor's court magistrate does not perform judicial functions 'within a court' as the Code's Application section uses that phrase, so the Code of Judicial Conduct does no…
A board member filed an open-meetings complaint against the agency I represent. Can I defend the agency, given the complainant sits on its board?
Yes. The panel concluded the attorney may represent the Agency against the OMA complaint. Under Rule 1.13(a) the client is the organization, not its individual constituents, so the complaining Board m…
Can a New York lawyer enter a collaboration agreement with an independent paralegal who refers clients to the lawyer and prepares forms, and how may the lawyer pay the paralegal?
Yes, subject to several rules. The opinion concludes a lawyer may enter a non-exclusive arrangement with an independent paralegal who refers clients and completes forms, but may not split legal fees w…
What client-intake tasks can a lawyer delegate to a nonlawyer assistant, and which questions from a prospective client must the lawyer answer?
A lawyer may train and supervise a nonlawyer to gather intake information, run an initial conflict check, answer general questions about fees and process, and obtain a signature, as long as the prospe…
Can a county public defender's office hire the county's former district attorney, and how are conflicts handled?
Yes. The opinion concludes a former DA may work as an assistant public defender in the same county but may not personally handle a matter in which he was personally and substantially involved as DA or…
Can a lawyer use a company he owns to buy a client's litigation claim and then have a law firm prosecute it?
The opinion concludes a lawyer may not buy the claims of his own firm's clients and then retain that firm to litigate them, because Rule 1.8(i) bars acquiring a proprietary interest in litigation the …
May a Texas lawyer-defendant settle a malpractice case by assigning future contingent fees to a non-lawyer plaintiff, and does the plaintiff's lawyer violate the Rules by proposing such a settlement that is rejected?
Per the Committee, no on the first: the proposed assignment of future contingent fees to a non-lawyer is impermissible fee sharing under Rule 5.04(a) and the lawyer-defendant properly rejected it. On …
May a Texas lawyer turn over a deceased client's closed litigation file to the executor of the decedent's estate when the file does not relate to the estate or its administration?
Per the Committee, the lawyer has discretion (but is not required) to reveal a deceased client's confidential information to the executor under Rule 1.05(c)(3) (representative-disclosure exception), p…
Can a criminal defense lawyer represent a client in a case where her romantic partner, a deputy sheriff, was an investigating or supporting officer?
It depends on the facts. The opinion concludes the lawyer must assess under Rule 1.7(a)(2) whether the relationship creates a significant risk to her independent judgment; the conflict may be consenta…
Can my firm place a lien on a client's property to secure unpaid attorney's fees?
Yes. The panel concluded a firm may place a lien on a client's property for the fees owed, but because acquiring a security interest adverse to a client is a business transaction, the firm must comply…
Can a lawyer call a flat fee or retainer paid up front 'nonrefundable' or 'earned on receipt,' and keep it out of the trust account?
No. A fee paid in advance for future work must go into a client trust account and may be withdrawn only as earned; any unearned part must be refunded if the representation ends. Labeling it nonrefunda…
When a North Carolina lawyer sells or closes a law practice, who must be notified, what happens to old client files and original documents, and when can files be destroyed?
Under Rule 1.17, the seller must notify current clients and former clients whose files transfer, return or safeguard original documents of legal significance regardless of age, may destroy ordinary fi…
Our of-counsel attorney is a town solicitor. Can other lawyers in our firm appear before that town's zoning board and council?
The panel concluded it is a concurrent conflict under Rule 1.7(a), imputed to the whole firm under Rule 1.10(a), for other firm attorneys to appear before the municipality's planning board, zoning boa…
Can a New Hampshire public prosecutor accept a referral fee from a private lawyer for a matter that grew out of the prosecutor's work as a prosecutor?
The opinion concludes a New Hampshire public prosecutor may not enter a referral-fee agreement with an active lawyer for matters arising from the prosecutor's work, because the prosecutor's personal i…
Can a New York lawyer affiliate and share fees with a lawyer admitted only out of state who lives in New York and practices immigration law from a New York office?
Only conditionally. The opinion concludes the affiliation is permitted only if neither lawyer nor the firm is engaged in the unauthorized practice of law (a question of law the committee cannot answer…
When a lawyer practices across states with different ethics rules, which state's rules of professional conduct apply to the lawyer's conduct?
Under Model Rule 8.5(b), conduct connected to a pending tribunal matter follows the rules of the jurisdiction where the tribunal sits; all other conduct follows the rules where the conduct occurs, or …
May an Illinois law firm's shareholder agreement require a departing partner (or that partner's new firm) to share 15% of fees generated at the new firm from clients originated by a retired partner of the old firm?
The opinion concludes no. Such a provision would violate both Rule 1.5(e) (the conditions for fee-sharing across firms cannot be met because the retired partner is providing no legal services and ther…
May a Florida-admitted lawyer with no Illinois bar admission send a demand letter to an Illinois business on behalf of an Illinois-resident friend in an employment matter?
Per the opinion, no on these facts. The committee concludes that sending a demand letter to resolve an Illinois dispute is the practice of law in Illinois, and none of the temporary-practice exception…
Can a lawyer encourage a client to talk directly to a represented opposing party, and how much can the lawyer help prepare for that conversation?
The opinion concludes that a lawyer may advise and even encourage a client to communicate directly with a represented opponent and may help the client prepare (objectives, talking points, draft corres…
Can a lawyer represent the executor of an estate and also represent a beneficiary of that estate, including jointly defending them in litigation?
The opinion concludes that representing the executor and a beneficiary in an unrelated matter is not a concurrent conflict, but jointly representing the executor and a co-beneficiary as co-defendants …
How long must an Alaska criminal-defense lawyer retain a former client's file, and may the lawyer use electronic storage?
The rules set no fixed retention period. The opinion concludes criminal files must be kept for a period tied to their likely future use, sometimes indefinitely, and permits secure, complete, retrievab…
Can a nonprofit legal aid lawyer solicit clients in person or by direct mail without the usual solicitation restrictions?
Yes, when the lawyer will receive no fee or remuneration. A nonprofit legal aid lawyer may solicit in person and may send direct mail to a served defendant without the pecuniary-solicitation restricti…
Can a judge solicit local businesses to donate items used as rewards for a specialized-docket program?
No. A judge may not sign a letter soliciting businesses to donate items for a specialized docket, and may not direct court staff to solicit them, because a judge may not solicit contributions for a go…
May Texas staff counsel employed by an insurance carrier represent an insured when the carrier weighs post-representation client and adjuster performance surveys in setting the lawyer's compensation and continued employment?
Per the Committee, yes: the Rules do not categorically prohibit such surveys. But the staff lawyer may not allow the survey system to interfere with the exercise of independent professional judgment o…
Can a Nevada lawyer require a client or prospective client to sign a non-disclosure agreement before giving legal advice?
No. The Committee concludes a Nevada lawyer may not require a current or prospective client to sign an NDA as a condition for receiving legal advice, because the confidentiality duty exists for the cl…
Can a New York lawyer who works only as a real estate broker, and provides no legal services, accept referral fees from an investment advisor?
Yes. The opinion concludes that a New York lawyer who provides only nonlegal real estate broker services, and gives the client a Rule 5.7(a)(4) written notice that the services are not legal services,…
Does a lawyer's YouTube channel offering general legal information count as attorney advertising in New York?
Not necessarily. The opinion concludes a lawyer may run a revenue-producing YouTube channel offering general legal information; it is not advertising unless its content is primarily about the lawyer's…
Can a New York lawyer form a law partnership with an Italian law firm whose lawyers are not admitted in the United States?
Yes. The opinion concludes a New York lawyer may partner with the Italian firm if, on independent inquiry, the lawyer is satisfied the Italian lawyers' training and ethical standards are comparable to…
When a joint representation ends, must a New York lawyer give each co-client the other co-client's communications and documents from the file?
Yes for material from the joint representation, because co-clients are presumed to share it; but not for confidential information the lawyer received from one client before the joint representation be…
Can an elder-law lawyer hire a social worker to help with cases, given that social workers may be mandated reporters of abuse?
Yes. A lawyer may employ a social worker if the lawyer instructs and supervises the worker on the lawyer's ethical duties, but if the worker is a mandated abuse reporter the lawyer must inform the cli…
Can an Illinois corporation ask its in-house lawyer to sign an employment agreement with a non-compete as a condition of employment?
No. Offering or making an in-house employment agreement that restricts a lawyer's right to practice law after termination, such as a non-compete, does not comply with Illinois Rule 5.6. Restrictions l…
A lawyer drafted wills for a married couple years ago; now the husband wants new documents disinheriting the wife, who has dementia. Is that a Rule 1.9 conflict?
No, on these facts. Drafting the husband's new documents is not 'substantially related' to the prior joint representation, requires no confidential information from it, and disinheriting a non-spouse-…
Can a self-represented lawyer contact an opposing party who is represented in the case but unrepresented in one role within it?
No. Rule 4.2's no-contact rule applies to a lawyer appearing pro se, and once a party is represented in a matter the lawyer may not contact them about anything in that matter, including a role for whi…
Does a very short radio-dashboard or online ad showing only a firm name, the word 'Call,' and a phone number have to include the lawyer's full name and office address?
No. Because the proposed text contains no substantive advertising statements, only the firm name, the word 'Call,' and the firm's phone number, it does not trigger Rule 7.2(d)'s name-and-address requi…
Can a lawyer take a referral fee from an investment advisor for sending the lawyer's clients to that advisor?
Not per se prohibited, but it creates a Rule 1.7 personal-interest conflict and is a business transaction with a client under Rule 1.8(a). The lawyer may proceed only after a case-by-case conflict ana…
Can a South Carolina lawyer have an out-of-state-only associate work on South Carolina cases without assisting the unauthorized practice of law?
Yes, within limits. An out-of-state associate may do temporary, non-court work on South Carolina matters if the SC lawyer actively participates and supervises, and may appear in court only via pro hac…
Can a lawyer's fee agreement provide for the lawyer's hourly rate to be paid for time later spent testifying as a fact witness about the representation?
Yes. A lawyer may charge a reasonable hourly rate for future time spent responding to discovery or testifying as a fact witness about the representation, and so may include such a provision in the eng…
What are a California lawyer's ethical duties when working remotely or in a hybrid law-firm setting?
Remote practice does not change a California lawyer's ethical duties. Managerial lawyers must implement reasonable measures, policies, and practices to ensure compliance with the rules in a remote env…
What must an Oregon lawyer do when staff or a bookkeeper steals client funds from the trust account?
The opinion concludes the lawyer must tell the affected clients under RPC 1.4, must obtain a conflict waiver under RPC 1.7 to keep representing them, and may restore the funds but cannot unilaterally …
Can one lawyer represent both a corporation and its director defendants in a shareholder derivative suit?
Only sometimes. The opinion concludes joint representation is permitted when the claims amount to mere mismanagement and a disinterested corporate official consents, but is barred when there are serio…
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.