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 retainer agreement get a client to agree in advance that the lawyer may withdraw if the client fails to pay fees?
No advance assent. The committee concludes a retainer may not secure a client's advance consent to withdrawal for nonpayment, but it may accurately advise the client that the lawyer may withdraw,…
Must a Colorado judge recuse when a lawyer who once represented the judge's adult daughter appears?
No automatic recusal was required on these facts. The Board recommended an impartiality assessment and a one-time disclosure to the district attorney's office about the daughter's former counsel.
Can a lawyer take out a loan from a bank to pay a client's litigation costs and have the client reimburse the loan and its interest?
The Committee concluded that yes, a lawyer may borrow from a third-party lender to fund a client's litigation costs if it is a recourse loan the lawyer is obligated to repay regardless of the case…
Can a full-time public defender give personal money to an indigent death-row client's prison account?
Yes, on these narrow facts. The committee concluded a salaried public defender may make personal gifts (not loans) to an indigent capital client's prison account when there is no expectation of…
Can a fee contract set the lawyer's contingent percentage on the combined total of the damages award and a statutory attorney's fee award?
Yes, within limits. The committee concluded a lawyer may contract for a contingent percentage of the aggregate of damages and statutory attorney's fees if the agreement meets the 50% statutory cap…
Can a contingent-fee agreement base the lawyer's percentage on the combined total of the damages award and statutory attorney's fees?
Yes, within limits. The committee concluded a lawyer may contract for a contingent percentage of the aggregate of damages and statutory attorney's fees if the agreement meets the 50% statutory cap…
Can a plaintiff's lawyer agree in advance to indemnify the client against attorney's fees and costs the client would owe if the defendant prevails?
No. The committee concluded that an advance agreement to indemnify a client against attorney's fees and costs awarded to a prevailing defendant is not an 'advance' permitted by Rule 1.8(e), and is…
Can a paralegal use the title 'Paralegal Advocate' on business cards, and what is the supervising lawyer's duty about it?
The committee concluded that 'Paralegal Advocate' is misleading and violates RPC 7.1 because 'advocate' has become synonymous with 'lawyer,' and that under RPC 5.3 the supervising lawyer must ensure…
Does a contract city attorney who prosecutes for the city have a conflict of interest in a criminal charging decision when the subject has ties to city council members?
The committee concluded the city attorney represents the city itself, and that there is no inherent conflict in making a charging decision, though a conflict can arise under RPC 1.7(a)(2) where a…
Can a bar association run an online lawyer referral database, and must participating lawyers certify that they carry malpractice insurance?
The committee concluded that a lawyer referral database is not per se prohibited if the service ensures its activities are compatible with the participating lawyers' obligations, that requiring…
May a Washington family-law lawyer enter a four-way collaborative-law agreement in which the lawyers limit their representation to negotiation and agree to withdraw if the case turns to litigation?
The committee concluded that collaborative law is permissible because it is a limitation on the scope of representation under RPC 1.2(c), allowed if the limitation is reasonable under the…
Can a part-time elected county commissioner represent a criminal defendant in a city municipal court before a judge who is also the county's elected district court judge?
The committee concluded yes, because no rule bars a lawyer who is also a public official from representing clients in criminal matters in another jurisdiction; RPC 1.11 did not apply since the…
Does using the phrases 'special expertise' or 'areas of expertise' in a law firm's marketing brochure violate the rule on communicating fields of practice?
The committee declined as a matter of policy to pass on the content of a particular ad, but said that using 'special expertise' and 'areas of expertise' may not violate RPC 7.4(d) in these circumstances.
When a third party such as an insurer claims part of a client's settlement held in trust, may the lawyer disburse the funds to the client after giving 30 days' notice if no suit is filed?
The committee concluded that the 30-day-notice-then-disburse plan was not reasonable, because RPC 1.15A(g) requires the lawyer to keep funds subject to a third-party claim in trust until the dispute…
Can a two-name law firm keep using a departed lawyer's name after he sells his interest but continues working in the office without being fully retired?
The committee concluded that on these facts neither lawyer may keep using the original name, because a firm name may not imply a partnership that no longer exists and the departed lawyer had sold…
Can a two-lawyer firm, where the second lawyer is 'of counsel' or an associate, use the word 'Group' in its firm name?
The opinion concludes that, assuming an 'of counsel' lawyer meets the standard for being treated as part of the firm, a firm of two licensed lawyers, one of whom is 'of counsel,' could use the term…
Can a lawyer run a closing or escrow department under a trade name (d/b/a), and must the lawyer disclose that the d/b/a is part of the law firm?
On the first question, the opinion concludes that under RPC 7.5(a) a lawyer may use a trade name as long as it does not imply a connection with a government agency or a charitable legal-services…
Must a lawyer provide a client the electronic version of the client's documents, or can the engagement letter limit the client to paper copies?
The committee declined as a matter of policy to comment on specific contract language, but said that providing the client the signed originals and one paper copy of the estate-planning documents…
When a firm pays an independent contract attorney a bonus tied to how a case turns out, is that a division of fees governed by RPC 1.5(e)?
The opinion concludes that any compensation directly tied to or dependent on the client's payment of a gross fee may be a division of fees under RPC 1.5(e)(1), so a bonus that ties the right to and…
Must a lawyer who holds money as a guardian, trustee, personal representative, or executor (not as the client's counsel) deposit it in the RPC 1.15A trust account?
The opinion concludes that Informal Opinion 1202 still controls: funds a lawyer holds purely in a fiduciary capacity other than as an attorney, for example as a court-appointed guardian, trustee, or…
Can a Limited Practice Officer (LPO) sign checks drawn on a law firm's trust account, given that RPC 1.15A(h)(9) says only a lawyer may be an authorized signatory?
Yes, under limited circumstances. The opinion concludes an LPO may sign trust-account checks, but only for transactions for which the LPO is licensed; the authority does not extend further. Because…
Can a lawyer who represented a now-deceased client probate that client's estate for the personal representative, who is the client's spouse and sole heir?
On the limited facts presented, the opinion concludes the Rules of Professional Conduct do not prohibit it. But the opinion lists situations that could obligate the lawyer to withdraw, including…
Can a lawyer keep referring probate-estate clients to a real estate broker that now employs the lawyer's spouse, and what must the lawyer disclose?
The opinion concludes the referral is not prohibited so long as the lawyer fully discloses, in writing, that the spouse is employed by the broker and the client gives informed consent confirmed in…
Can a lawyer provide 'prepaid legal services' bundled into a for-profit real estate company's flat-fee package, where the company collects the fee and pays the lawyer a set amount?
The committee was strongly concerned the arrangement violates the RPCs. The lawyer must still ensure the flat fee is reasonable (RPC 1.5(a)) and run a conflict check before representing each seller…
Can limited practice officers in a law firm's escrow department be signatories on the accounts used to sign escrow disbursement checks for real estate closings?
The opinion sets out the governing rules rather than a one-line answer: under RPC 1.15A(h)(9) only a lawyer admitted to practice may be an authorized signatory on a trust account, and a lawyer must…
When part of a workers' comp (L&I) claim is in litigation, can the injured worker's lawyer contact the third-party administrator handling the claim for a self-insured employer?
The committee answered that a third-party administrator (or employee/adjuster) with discretion and authority to bind a self-insured employer in claims-management decisions is treated as part of the…
Can a lawyer pay the litigation costs for a nonprofit it represents pro bono because the nonprofit's wards are indigent?
No. The committee concluded that RPC 1.8(e)(2)'s indigent-client exception lets a lawyer pay court costs and litigation expenses only for an indigent client, and a nonprofit guardianship…
Can a contingent-fee agreement make the client repay advanced litigation costs if the client rejects a settlement the lawyer considers fair?
No. The committee concluded that conditioning the client's obligation to repay advanced costs on the client's acceptance of the lawyer's settlement advice imposes adverse financial consequences that…
Can a nonprofit run a lawyer referral service for its member attorneys, and how must those lawyers describe their practice areas?
Yes. The committee concluded the proposed not-for-profit referral service satisfies the RPCs: under RPC 7.2(b) a lawyer may pay the usual charges of a not-for-profit lawyer referral service, and the…
Can a lawyer use a facsimile signature stamp on trust-account checks, or let staff sign them?
The committee concluded that under RPC 1.15A(h)(9) only a lawyer may be an authorized signatory on a trust account, so a lawyer may not give a nonlawyer discretion over disbursements; a lawyer may…
Can a lawyer refer clients to a relative who is a realtor and discount the clients' legal fees if they use that relative?
The committee concluded no RPC per se prohibits either the referral or the fee discount, but it flagged concerns under RPC 1.6 (client confidences, heightened between family members), RPC 1.7 and…
Can a family law deputy prosecutor also serve part-time as a substitute family law court facilitator without a conflict of interest?
The committee concluded the situation is governed by RPC 1.7 and 1.12 and that, because people the lawyer helps as a substitute court facilitator might later become adverse to her when she…
Can a lawyer sign a medical provider's agreement guaranteeing the provider will be paid from the client's settlement proceeds?
The committee did not analyze the question anew; it concluded the issues were already addressed in WSBA Formal Opinion No. 185, which the inquirer should review and follow, and it updated the…
Can a Washington law firm registered as a PLLC use a trade name that drops the PLLC designation?
Yes. The committee concluded that under RPC 7.5(a) a PLLC law firm may use a trade name as long as it is not misleading, and it found the proposed name not misleading on its face; because the name…
Can a lawyer represent a Guantanamo Bay detainee and agree to a court protective order that bars sharing classified material with the client?
The opinion concludes the lawyer may sign the memorandum of understanding and protective order, but only if the lawyer intends to abide by it and the client consents, after full disclosure, to the…
May a lawyer use an opposing company’s potentially privileged email that was inadvertently produced in discovery?
If the lawyer knows or reasonably should know production was inadvertent, the opinion requires prompt notice to the sender and a reasonable opportunity to seek court relief before use. If no relief…
May a lawyer release a deceased client’s file to relatives seeking information about a property deed?
The opinion treats the file as confidential and permits disclosure only with a court order, unless the deceased client had given express or implied consent.
May a lawyer send closed client files to an outside scanning vendor without each client’s express permission?
Yes, under the opinion, without express client permission if the lawyer ensures confidentiality while the vendor holds the files; it identifies a confidentiality agreement as essential.
Which advertising rules apply when a firm mails an introduction and résumé to clients, former clients, and prospects?
The opinion says Rule 4-7.3 does not apply to letters to current or former clients. For other recipients, a known need for the offered service triggers Rule 4-7.3; a general business-based mailing…
May a firm send a newsletter to clients and prospects who have no known specific need for its services?
Yes, under the opinion’s stated conditions. The newsletter need not comply with Rule 4-7.3 when recipients include clients and others with no known specific need, but it must comply with Rules…
When may a lawyer make public statements about a pending civil or criminal case, and when do pretrial press conferences cross the line under the trial-publicity rule?
A lawyer's extrajudicial statement violates Oregon RPC 3.6 only if the lawyer knows or should know it will be publicly disseminated and have a substantial likelihood of materially prejudicing an…
What must an indigent-defense lawyer do about an excessive court-appointed caseload, and when are supervising or contracting lawyers responsible?
A lawyer who cannot meet the basic duties of competence, diligence, and communication to each client has an excessive workload and must control it, by declining new appointments, transferring cases,…
Can a lawyer or firm represent two unrelated clients who take opposite positions on the same legal issue in different cases?
Often yes. The opinion concludes that taking inconsistent legal positions for unrelated clients in factually unrelated cases is not itself a conflict; a conflict arises only when the lawyer actually…
When a California attorney's employment terminates and the client demands electronic versions of e-mail, pleadings, discovery, the deposition and exhibit database, and transactional documents, must the attorney release them, and may the attorney refuse on the ground that they contain other-client metadata?
Per California Formal Opinion 2007-174, yes. Former Rule 3-700(D)(1) extends to existing electronic items, with no 'balancing test' for client need versus attorney burden, and applies because the…
May a California attorney deposit a client's will with a private will depository or register a client's will with a private will registry without the client's express consent, where the attorney cannot locate the client?
Per California Formal Opinion 2007-173, no for a will depository, because Probate Code sections 700 et seq. provide the exclusive means for terminating a deposit; depositing the will with a private…
Can a law firm second (loan) a lawyer to a client or host organization without the firm inheriting the host's conflicts and vice versa?
Yes, if during the secondment the lawyer is not 'associated' with the firm: the ongoing relationship is narrowly limited and the lawyer is securely screened from the firm's client confidences. A…
Can a lawyer contact the in-house counsel of a represented organization directly, without going through its outside counsel?
Yes, generally. The no-contact rule does not bar contacting an organization's in-house counsel, even when outside counsel is retained, so long as the contacting lawyer has a reasonable, good-faith…
May a judge directly solicit charitable donations from other judges and publish their names and titles?
No. The Commission says Alabama’s Canons contain no judge-to-judge exception to the direct-solicitation restriction, and publicizing judicial donors would use the prestige of their offices for fundraising.
Can a lawyer treat cashier's checks and certified checks drawn on credit unions and other non-bank institutions as 'collected funds' under Rule 1.15(f), which by its terms refers only to a 'bank'?
Yes. Subject to future clarification from the South Carolina Supreme Court, the committee reads 'bank' in Rule 1.15(f) to include credit unions and other financial institutions as defined in IOLTA…
Can a South Carolina lawyer hand out fee-discount coupons to homebuyers through real estate agents and mortgage loan originators?
The committee concluded no: having a real estate agent or loan originator personally deliver the lawyer's fee-discount coupons to homebuyers known to need closing services was in-person solicitation…
Can a lawyer appear in a 'team approach' radio advertisement paid for by a real estate company that refers closings to the lawyer's firm?
Yes, if the lawyer pays the reasonable cost of the advertisement and the ad complies with the advertising rules. Rule 7.2(c)(1) lets a lawyer pay the reasonable costs of advertisements, the ad must…
Can a lawyer keep representing a client and testify in support of an advice-of-counsel defense when the opposing party files a frivolous-proceedings counterclaim attacking the lawyer's advice?
Yes. Rule 3.7(a) does not bar the lawyer from continuing as advocate because the lawyer's testimony relates to the nature and value of legal services rendered in the case, and because disqualifying…
Does a lawyer violate South Carolina Rule 4.5 by sending a bad-check collection notice that warns of possible criminal prosecution when state law requires that warning?
No. Although the statutory bad-check notice under S.C. Code 34-11-70 references possible criminal prosecution, the threat is not made solely to gain an advantage in a civil matter because the…
May a Nebraska lawyer pay a fixed annual fee to appear in an internet directory that lists lawyers without recommending one?
Yes, if the service functions only as a directory, makes no lawyer recommendation, charges a reasonable fixed-period advertising fee, carries a directory disclaimer, and otherwise complies with the…
Can a lawyer use one professional name and a different married name in private life, and can her firm keep her former name in the firm name after she changes it?
Yes to both. A lawyer may use different professional and private names. A continuing firm may keep a member's former name as a trade name even after she changes her last name, so long as it is not…
May a Nebraska bankruptcy lawyer become staff counsel to the standing Chapter 13 trustee while former-client matters remain pending?
Yes. The lawyer may take the trustee position if promptly and effectively screened from every case involving the lawyer's former clients or the former firm's clients.
Can lawyers in a firm buy charged-off debts from a client, former client, or non-client, and can an LLC owned by the firm's lawyers hire the firm to collect those debts?
Yes to both, with limits. Rule 1.8(i) bars buying a debt only when it is the subject of litigation the lawyer is conducting for a client, so lawyers may purchase charged-off debts they never handled…
What must an Arizona lawyer explain to multiple litigation clients before obtaining consent to joint representation?
Opinion 07-04 requires a reasonable belief that each client can receive competent, diligent representation and informed consent confirmed in writing. Disclosures depend on the matter and include…
When a Vermont deputy state's attorney joins from a criminal-defense firm, is the whole prosecutor's office disqualified from cases involving the former firm's clients?
No. The opinion says the deputy must protect former-client information and stay out of matters handled personally and substantially in private practice, but those restrictions are not imputed to the…
May lawyers in a Nebraska judge's spouse's firm or government office appear before that judge?
Yes under the 2007 opinion unless the relationship significantly risks limiting the client's representation. The client must receive full disclosure and give written consent, and the judge…
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.