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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What must lawyers do when they share office space, staff, and equipment with other lawyers or with nonlawyers?
The opinion concluded that the rules did not prohibit lawyers from sharing office space, staff, or equipment with other lawyers or nonlawyers, provided they protected client confidences, did not hold …
Can a lawyer draft a client's trust that directs the trustee to retain that same lawyer as counsel for the trust?
Yes, with disclosure. The opinion concluded the lawyer may include such a provision at the client's request only if the lawyer reasonably believes the representation will not be adversely affected and…
Can a lawyer take personal injury referrals from an accounting firm and let the firm collect its own contingent fee from the same client's recovery?
The opinion concluded the arrangement is prohibited: capping the legal fee so the accounting firm can take a separate contingent fee for unsought services gives the firm something of value for referra…
Can salaried lawyers employed by an insurance company to defend its policyholders call themselves a law firm on letterhead and business cards?
The opinion concluded they may hold themselves out as a law firm only if they actually take on the professional responsibilities the Code imposes on firms and they clearly disclose in their public com…
Can an assistant district attorney prosecute a case before a Town Justice who is the prosecutor's sibling, and can other lawyers in the office appear before that judge?
The opinion concluded the assistant DA may not appear before a sibling Town Justice and must take steps to secure the judge's recusal, but other lawyers in the DA's office may appear before that judge…
Can a law firm call another firm 'affiliated' on its letterhead, and does that force them to clear conflicts as one firm?
A firm may use 'affiliated' or 'affiliate' only if the relationship is close, regular, continuing, and semi-permanent (the equivalent of 'of counsel'); firms that do so must treat each other's clients…
Can a lawyer take stock or options in a startup client as payment for legal services instead of a cash fee?
The opinion concluded there is no per se bar on accepting securities as compensation for legal services, but the arrangement may trigger the business-transaction safeguards of DR 5-104(A), may present…
Can a lawyer charge a client interest on unpaid legal fees, and at what rate?
The opinion concluded a lawyer may charge interest on unpaid fees, whether or not the retainer agreement provides for it, if the client is informed of the charge and given a reasonable chance to pay b…
Can a lawyer submit bids for legal work that clients post on an internet comparison website without violating the advertising or referral rules?
The opinion concluded that responding to a client-initiated request for representation on an internet bidding site is not, by itself, advertising or solicitation, and the no-fee bid plan is not a proh…
Can a lawyer let clients fund trust-account retainer deposits by credit card, with the lawyer covering the processor's fee so the full amount lands in trust?
The committee concluded the proposal does not comport with the rules, because credit-card charge-backs can commingle one client's trust funds with another's and the lawyer's own funds in violation of …
When a lawyer is suspended or disbarred, can the firm keep using that lawyer's name in its firm name, letterhead, ads, or phone greeting?
The committee concluded that continuing to use a suspended or disbarred lawyer's name in the firm name, letterhead, correspondence, advertisements, contracts, phone and email communications, brochures…
Can a lawyer contact a former client, now represented by new counsel, to warn about the new lawyer's possible malpractice?
No. The committee concluded that, absent authorization by law, a lawyer may not make unilateral contact with a former client now represented by new counsel about the subject of the new representation;…
Can in-house counsel in Washington enter an agreement prospectively limiting their malpractice liability to the employer-client?
No. The committee concluded that RPC 1.8(h) applies to in-house counsel practicing in Washington under APR 8(f), that an attorney-client relationship exists in that setting, and that the prospective l…
Does a lawyer owe confidentiality to a caller who sought help, and must the lawyer report the caller's immigration status?
The committee said whether RPC 1.6(a) confidentiality applied depended on whether an attorney-client relationship existed, a fact question with subjective and objective components it could not resolve…
Can a lawyer who co-owns a construction consulting firm steer the firm's clients to his law practice and use his consulting partner as an expert witness?
No. The committee concluded that using the consulting business to refer legal clients to the law practice, or the law practice to feed the consulting business (including using the consulting partner a…
Can a lawyer co-own a nonlawyer-owned .com company that markets the firm's legal services online?
The committee identified multiple prohibitions: sharing fees with a nonlawyer is forbidden by RPC 5.4(a) and practicing law with nonlawyers by RPC 5.4(b); a nonlawyer directing the lawyer's judgment i…
Can a lawyer advance litigation costs for an indigent client who probably cannot repay them?
Yes. The committee concluded that the rules do not prohibit a lawyer from advancing costs for a pro bono client, even where repayment is unlikely, so long as the lawyer complies with RPC 1.8(e), under…
Can a dually licensed lawyer advise a client to buy life insurance and then sell that insurance to the client?
No. The committee concluded that a lawyer may not both advise a client about the need for insurance and sell the client that insurance, or take any commission on the purchase; that is a conflict under…
Can a lawyer defend insurance-pool members when a corporate pool administrator pays the lawyer's fees?
Yes, with conditions. The committee concluded that third-party payment by the pool administrator does not bar the defense, but the lawyer must tell each pool member of the assignment and the payer and…
Can a lawyer use client testimonials in advertising in Washington?
The committee concluded that client testimonials may be acceptable if they comply with RPC 7.1 and include an appropriate disclaimer that reasonably lets the reader understand past performance does no…
Does a government lawyer have a conflict of interest when their spouse works for the same agency the lawyer represents?
Not automatically. The committee concluded that a lawyer and a spouse working for the same employer, where the spouse may be involved in the matter, does not by itself create a conflict; only if some …
Can a law firm hire out its nonlawyer IT staff to other law firms for profit?
Yes. The committee concluded that a firm could provide its nonlawyer computer and IT employees to other firms for profit, provided it complies with RPC 5.4(a) and (b), 5.3, and 1.8(a), and puts measur…
What are a lawyer's duties when a client stops staying in contact or disappears?
The committee concluded that the lawyer may not settle the client's claim without specific authority from the client, should use due diligence to try to locate the client, and, if the client remains m…
Can a practicing lawyer also be employed as a police officer?
Yes. The committee concluded that the Rules of Professional Conduct do not preclude a lawyer from dual employment, and a lawyer may practice law while employed in another occupation, with care taken s…
May a lawyer be listed by name on the public website of an organization made up of lawyers and nonlawyers?
Yes. The committee concluded that a membership listing identifying the lawyers is advertising generally permitted by the rules, subject to each lawyer's duty of truthfulness, RPC 5.4's bar on fee-shar…
Does a lawyer's website that lets clients generate estate planning documents online satisfy the duty to protect client confidences?
The committee said the described safeguards (individual passwords and encryption) appeared to be appropriate steps under the circumstances, but that whether the specific software was adequate under RP…
Can an insurance company's staff lawyer deposit money recovered for an insured client into a corporate account instead of a trust account?
No. The committee concluded that subrogation recoveries collected for the insured are client funds that must go into an identifiable interest-bearing trust account, not the insurer's corporate account…
Can a lawyer charge a fee in a collection case that is partly a fixed amount and partly contingent on the recovery?
The committee concluded that a part-fixed, part-contingent fee is permitted in a collection matter under RPC 1.5 and RPC 1.8(j)(2). Whether the arrangement must be disclosed to a court depends on that…
When can a lawyer claim part of a former client's later settlement, and what must the client's current lawyer tell the client about that adverse claim?
The committee said whether a former attorney can recover a portion of a former client's later class action settlement depends on a fact-specific analysis of the original fee agreement and accounting, …
Can out-of-state lawyers establish a Washington law practice with a Washington lawyer, and how must the firm name and advertising handle their non-admission?
The committee concluded that the Rules do not preclude a Washington lawyer from joining a multistate firm, but RPC 5.5 bars assisting non-members in the unauthorized practice of law in Washington and …
Can a Washington lawyer agree that a client repays advanced litigation costs only if the case is won?
The committee concluded that the proposed agreement would violate RPC 1.8(e). A lawyer may advance the expenses of litigation, but may not make repayment of those advances contingent on the outcome of…
Does a full-time court bailiff who is also a lawyer create a conflict of interest by doing pro bono work for claimants before a federal agency?
The committee concluded that, on the facts presented, a full-time lawyer-bailiff's pro bono representation of claimants in matters heard exclusively by federal agencies and courts does not create a co…
Can a lawyer pay a client's treating physician to testify at trial as a fact witness rather than an expert?
The committee concluded it is not unethical to pay a treating physician testifying as a fact witness the reasonable expenses of testifying and the reasonable value of the witness's time. A lawyer may …
Can a lawyer file an IRS Form 1099 reporting settlement money disbursed to a client without violating client confidentiality?
The committee concluded that RPC 1.6 does not prohibit filing a Form 1099 reporting money disbursed to a client, unless the client asked the lawyer to keep the client's identity confidential or asked …
Can a lawyer who investigated a liability claim for a reinsurer later represent a third party against the insured in an unrelated matter without the insured's consent?
The committee concluded the Rules did not prevent the representation, assuming the lawyer learned no confidential information from the insured that would benefit the new client or harm the insured. Be…
If a capital defendant insists on pleading guilty and being sentenced to death, what are defense counsel's duties when counsel doubts the client's competence?
The committee concluded the lawyer must abide by the client's decisions under RPC 1.2(a) and maintain a normal relationship under RPC 1.13(a); if the client cannot adequately act in his own interest, …
Does a lawyer's website advertising qualifications and experience have to comply with the lawyer advertising rules?
Yes. The committee concluded that the contents of a website posted by a lawyer or law firm must comply with RPC 7.1, and that the lawyer must maintain a copy of the website and the changes made to it …
Can a lawyer run two offices, one under the lawyer's own name and one under a trade name?
The committee concluded that nothing prohibits a lawyer from having a law office and another business office, but that operating both creates significant potential for conflicts of interest in violati…
Is an 'of counsel' lawyer treated as a member of the firm for fee-splitting under RPC 1.5(e)?
The committee concluded that to use the 'of counsel' designation a lawyer must have a regular, frequent, and continuing relationship with the firm such that the lawyer is in fact a member; if so, a fe…
Can a Washington lawyer charge a contingent fee to divide property of two people who lived together but were never married?
The committee concluded that RPC 1.5(d), which bars contingent fees in certain domestic relations matters, does not prohibit a contingent fee in a property dispute between parties who were never marri…
Can a law firm keep a suspended or disbarred lawyer's name in the firm name and communications?
No. Adopted as Formal Opinion 196, the opinion concluded that using a suspended or disbarred attorney's name in a firm's name or business communications is prohibited as false or misleading under RPC …
Must defense counsel follow an insurer's litigation guidelines that mandate paralegal tasks and require billing records to go to an outside auditor?
The committee concluded counsel had to independently judge each task and could not delegate work a paralegal could not do competently, and could not send invoices containing the insured's confidential…
Can a lawyer report a client's unpaid legal bills to credit reporting agencies to pressure the client to pay?
No. The committee concluded a client's indebtedness for legal fees is confidential information, and the fee-dispute exception permits disclosure only to prove the claim in an action to collect, not in…
Can a lawyer subpoenaed by one former joint client to testify against the other accept witness payments for his time and trial preparation?
No. The committee concluded that although Rule 3.4(g) generally allows witness payments, a lawyer who jointly represented both former clients may not accept them from one against the other, because eq…
When a former prosecutor now works for a prosecutor-training nonprofit and takes criminal-defense appointments, does he have to disclose that history or check old employers for conflicts?
The committee concluded the lawyer's current training-organization job and his bare status as a former prosecutor did not, by themselves, require disclosure to defense clients; a conflict arises under…
At a real estate closing, can a lawyer represent only the seller (who pays the fee) and tell the buyer in writing that the lawyer is not the buyer's lawyer?
The committee concluded a lawyer may represent only the seller at a closing if the lawyer complies with Rule 4.3, disclosing that the lawyer represents the seller alone and that the buyer should get s…
Can a South Carolina lawyer take a fee from an out-of-state debt-management firm for steering people who are not good bankruptcy candidates to that firm, and act as the firm's local of counsel?
The committee concluded the lawyer may take a fee for referring clients to the firm if the lawyer satisfies Rule 1.7(b) and the firm's debt-management work is not the unauthorized practice of law, and…
Can a South Carolina lawyer send a letter to former jurors after a trial, for example to ask about the lawyer's own performance?
The committee concluded there is no strict ethical prohibition against contacting jurors after they have been dismissed, but the practice is strongly discouraged; a letter that could be read as curryi…
Can a lawyer hire an investigator to watch prospective jurors' homes and cars without contacting them?
The committee concluded that, technically, visual observation of a prospective juror's home or car is not an ethical violation provided absolutely no contact is made with the juror or family and the o…
Do two lawyers on opposite sides of a will probate have a conflict when their firms are negotiating a merger?
The committee concluded that once merger discussions reach a formal stage, the lawyers' interests in the merger may materially limit their representation, so each must avoid letting that interest soft…
If a lawyer mistakenly signed up two drivers from the same crash, can the lawyer keep representing one after dropping the other?
Assuming an attorney-client relationship formed with both drivers when each signed a representation contract, the committee concluded the lawyer could withdraw from representing the second driver unde…
Can a corporation make its in-house lawyer sign a non-compete agreement to protect trade secrets?
The committee concluded that the described non-compete agreement, barring the in-house lawyer from working for a similar corporation for two years, would violate Rule 5.6(a)'s prohibition on agreement…
Can a lawyer join a free online service that matches consumers with attorneys and emails the lawyer about cases?
On a limited review, the committee concluded that participation in the free online attorney-matching service appeared ethically permissible because the consumer (not the lawyer) initiates the contact,…
Can a lawyer use unencrypted email to communicate confidential information with a client?
The committee concluded that in usual circumstances using unencrypted internet email did not violate Rule 1.6, because lawyer and client have a reasonable expectation of privacy, subject to caveats ab…
Is Georgia Formal Advisory Opinion 00-1 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 00-1, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Can a lawyer hold a free public seminar on a legal topic, with a Q&A session and individual consultations afterward?
The committee concluded that an attorney generally may conduct a free public seminar on a legal topic and provide general legal information to the public, subject to Rule 7.1 (no false or misleading c…
When a lawyer closes a loan for both borrower and lender, must the lawyer warn the borrower about a bad interest rate or a high broker fee?
The committee concluded a lawyer generally has no duty to investigate a client's business affairs or to advise that a commercial transaction is unfavorable, so absent undertaking such advice the lawye…
Does a lawyer who sits on a quasi-governmental board have a conflict suing a company when others have sued that board over the same facts?
The committee concluded that participating in a joint deposition did not by itself create a conflict, but because the lawyer's representation of the client could be materially limited by the lawyer's …
Can a lawyer issue a subpoena duces tecum in Magistrate's Court if the lawyer believes the court has no authority to issue it?
The committee concluded no: under Rule 3.1 a lawyer may not issue a subpoena absent a non-frivolous, good-faith argument that it is lawful, and under Rule 3.3 a lawyer may not represent to the court t…
Can a lawyer who handled a couple's past real estate closings later represent the wife in a divorce against the husband?
The committee concluded there was no conflict of interest: the divorce was not the same or a substantially related matter to the earlier closings, and the facts revealed no confidential information fr…
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.