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 pay personal injury settlement funds directly to the client when there are known unpaid medical bills or liens?
The committee did not give legal advice on the pending matter, but said the inquiring lawyer's reference to and reliance on RPC 1.14(b)(4) and Formal Opinion 185 were well founded. It expressed no opi…
Can a legal services agency cap the number of hours a lawyer spends on a pro bono representation?
The committee concluded that the proposal may still violate RPC 1.1, 1.15, and 1.2, consistent with its prior inquiry 1827, and encouraged the inquirer to contact the WSBA Access to Justice Committee …
Can a state child-support agency lawyer draft the basis for a parent's appeal of a support determination the agency obtained?
No. The committee concluded that a DSHS Division of Child Support lawyer's preparation of appellate documents for an aggrieved parent is a violation of RPC 1.7, and that under RPC 5.2 the lawyer must …
Can a criminal-defense lawyer advertise in the Yellow Pages that investigative services are available?
Yes. The committee concluded that nothing in the Rules prohibits the lawyer from stating in a Yellow Pages advertisement that investigative services are available, provided the statement is accurate a…
Can a lawyer retained and paid by a sales agent represent investors who may have claims against that same sales agent?
The committee concluded the fact pattern demonstrates the potential for non-waivable conflicts of interest under RPC 1.7 and 1.8, noted possible unfulfilled fee-agreement obligations under RPC 1.5, an…
Can a prepaid-plan lawyer make an unsolicited call to a potential client to discuss the answers they gave on a legal-needs questionnaire?
No. The committee concluded that using questionnaire or survey information from a website to make an unsolicited call to a potential client to discuss the person's answers about legal issues and the n…
Can a government lawyer argue to a court that another lawyer's assignment is ethical, in response to that lawyer's ethics-based objection?
Yes. The committee concluded that a lawyer may raise and argue ethical issues to a tribunal, and that doing so is not a violation of RPC 8.4(a).
Can a lawyer disclose the client's fee agreement to the client's subrogated insurer, and must a side agreement reducing the fee be disclosed?
The committee concluded the fee agreement is generally not a confidence or secret, and even if it were, disclosure seems necessary to maximize the client's recovery; the lawyer may disclose it but wou…
Can a lawyer represent an injured plaintiff when the defendant is insured by an insurance company the lawyer's firm represents?
Not without satisfying the conflict rules. The committee concluded the lawyer is prohibited unless RPC 1.7(a), and possibly 1.7(b), is satisfied: the lawyer must believe the new case will not affect t…
When a lawyer cancels a trip for one client's case to handle an emergency for another, who pays for the nonrefundable ticket?
The committee concluded that neither client is automatically responsible. Under RPC 1.5 a cost must be reasonable and related to the work for that client; the second client was not responsible because…
Can a lawyer mail advertising letters to people listed on a court docket?
Yes, within the advertising rules. The committee concluded that RPC 7.3(b) permits a lawyer to communicate in writing with prospective clients unless the prospective client has made known a wish not t…
Can a lawyer provide free estate-planning services to an organization's members when the organization suggests members leave it a bequest?
Yes, with conditions. The committee concluded the lawyer may provide the free services, but any donation a client makes to the organization must be totally voluntary; the lawyer must protect independe…
Can a former contract public defender become the city attorney in the same jurisdiction?
The committee concluded that as long as the attorney complies with RPC 1.9 and 1.8, the attorney may appropriately act as interim and full-time city attorney. It said the attorney's separate role as a…
Can a part-time deputy prosecutor also serve as a part-time municipal court judge in the same county?
The committee concluded that nothing in the Rules of Professional Conduct bars a county deputy prosecutor from also serving as a part-time judge in an unrelated jurisdiction. It assumed the municipal …
Can a lawyer form a partnership with nonlawyers to market and sell legal forms?
The committee concluded that a Washington lawyer does not appear to violate RPC 5.4(b) by participating in a partnership with nonlawyers that markets and sells legal forms, provided the partnership do…
Can a lawyer pay a non-testifying consultant partly on a contingent-fee basis without violating the ban on fee-splitting with nonlawyers?
Yes, with conditions. The committee concluded that paying a non-testifying forensic consultant an hourly rate, part of which is contingent on success, does not violate the prohibition on sharing legal…
Can a lawyer distribute brochures about legal services to the public and in chiropractors' offices without it being improper solicitation?
Yes. The committee concluded the conduct does not violate the Rules: the brochure was not false or misleading (RPC 7.1), the lawyer gave nothing of value to the chiropractors (RPC 7.2), the brochure c…
Can government lawyers ethically threaten a 'sick out' or a strike as a labor action?
The committee took no position on labor law. It directed lawyers to the candor rules for a 'sick out' (falsely reporting illness), concluding labor-law rights do not preempt the duty of candor, and to…
Can a lawyer run a side business selling mutual funds, annuities, and insurance while continuing to practice law?
The committee said it would be difficult. A lawyer is bound by the Rules of Professional Conduct in any enterprise, including selling investments, and faces a serious risk of material limitation from …
Can a lawyer settle a personal injury claim when the client has disappeared and cannot be reached?
No. The committee concluded that a lawyer may not settle a client's claim without specific authority from the client. The lawyer should use due diligence to locate the client, and if the client remain…
Can an insurance-defense lawyer send billing records to the insurer's outside auditing company without breaching client confidentiality?
The committee did not give a categorical answer. It referred the lawyer to RPC 1.6 and the definitions of confidences and secrets, and said it could not determine in the abstract whether any specific …
Is it a conflict of interest for a government lawyer to prepare legal documents for a party who was aggrieved by an order the same lawyer obtained?
Yes. The committee concluded that a government lawyer's preparation of appellate documents for a party aggrieved by orders the lawyer had obtained violates RPC 1.7, and that under RPC 5.2 the lawyer m…
Should the Rules of Professional Conduct add a rule requiring lawyers to treat their clients with respect, deference, and dignity?
The committee concluded that the proposed rule was unnecessary. It reasoned that the rule would be difficult to enforce, subject to abuse, and would chill some necessary advice and client control, and…
Can a lawyer contact the opposing party directly when that party is represented by counsel?
No. The committee concluded that RPC 4.2 prohibited the inquiring lawyer from contacting the represented opposing party absent that party's counsel's consent or authorization by law. It declined to op…
Can a lawyer on inactive status remain 'of counsel' to a law firm?
The committee concluded no: identifying a lawyer as 'of counsel' implies a continuing professional relationship that necessarily involves some practice of law, which an inactive lawyer cannot do, so t…
Can a firm represent a lawyer who is opposing the firm's own client in an unrelated matter?
The committee concluded that a firm's representation of an attorney who is, personally or vicariously, representing a third party with interests directly adverse to the firm's defense client is possib…
Can a family-law lawyer also serve as counsel to a volunteer guardian ad litem program without a conflict?
The committee concluded that, given the lawyer's representation that the contract with the volunteer guardian ad litem program will preclude accepting private-practice matters involving the program or…
What should a lawyer do about a missing client when the statute of limitations is about to run?
The committee concluded that a lawyer who wants to withdraw from a missing client's tort case must first use due diligence to locate the client, citing RPC 1.2, 1.3, and 1.4. Where a missing client ha…
When a client's spouse pays the fees and later wants a refund, who controls the money and what stays in trust?
The committee concluded that the client, not the paying spouse, controls the funds: the $250 in costs must stay in the IOLTA trust account, while the $1,500 flat fee's trust status depends on whether …
Does a firm's paralegal volunteering at a legal-services clinic create conflicts of interest for the firm's lawyers?
The committee concluded there is no general conflict between lawyers who employ volunteering paralegals and all clinic clients. A conflict could arise only between a lawyer and a party adverse to the …
Can a head prosecutor require approval before a deputy files a bar complaint against another lawyer?
The committee concluded that an elected prosecutor may reasonably require that the prosecutor review all professional-misconduct complaints before they are filed with the WSBA, but that requiring the …
Do conflicts from a law-clerk or intern job follow a lawyer after admission, and can screening cure them?
The committee concluded that conflicts from clerk or intern work can follow the person into practice: RPC 5.3 makes nonlawyers subject to the rules through the firm's lawyers, and once admitted the la…
Can a criminal defense firm hire a nonlawyer assistant who previously worked at the prosecutor's office?
The committee concluded that, in general, the firm is not disqualified from accepting cases involving the County Prosecutor's office. It directed the lawyer to RPC 1.10(b)(3) if information the assist…
What should a lawyer do when a client refuses to accept settlement funds held in the lawyer's trust account?
The committee concluded that the disputed settlement funds should be held by the firm in an interest-bearing account under RPC 1.14 until the disbursement issue is resolved, and that the Rules of Prof…
Can a settlement agreement restrict the plaintiff's lawyer's right to practice or use of information in future cases?
The committee concluded that RPC 5.6(b) prohibits a settlement that restricts the plaintiff's attorney's right to practice, so the lawyer may not agree to represent the defendant or to forgo solicitin…
Can a lawyer in good standing employ a disbarred or suspended attorney to work in the law office?
The opinion concluded it is clearly improper for a lawyer or firm to employ a disbarred or suspended attorney in any capacity related to the practice of law, and that what acts amount to the unauthori…
Can a Colorado lawyer pay a fact (non-expert) witness in a civil case for the time spent testifying and preparing to testify?
The opinion concluded that a lawyer may reimburse a non-expert witness in a civil action both for expenses and for the reasonable value of time spent testifying and preparing to testify, as long as th…
Can one lawyer draft a contract for deed for both buyer and seller, and later represent the seller when the buyer defaults and sues?
Yes to the joint drafting, no to the later switch. The opinion concluded the lawyer may represent both buyer and seller only with full disclosure and each client's consent, and may not later represent…
What must a Child Support Enforcement Division attorney do when an investigation or hearing reveals tax evasion, perjury, or parental kidnapping?
It depends on when. The opinion concluded that violations found during investigation are a CSED policy matter, not governed by the conduct rules, because the agency (not the parties) is the client; vi…
What exact phrase may a Tennessee lawyer who is an approved Rule 31 mediator use on letterhead to describe that status?
Formal Ethics Opinion 98-F-142(a) amends 98-F-142. It reaches the same analysis (a Rule 31 mediator may note that status on letterhead, and 'Approved Rule 31 Mediator' may be misleading because it doe…
After Tennessee added Estate Planning as a certifiable specialty, what specialization-certification disclosures did lawyer advertising have to include?
Vacated. Formal Ethics Opinion 95-F-137(a) reissued the specialization-advertising disclosure rules of 95-F-137 to reflect that the Supreme Court had made certification available in Estate Planning ef…
The Bar's Lawyer Referral Service sends me referrals but the clients often don't call. Can I phone or write to them first without following the rules for solicitation letters?
The panel concluded that following up by telephone or letter with a person the Bar Association Lawyer Referral Service has already referred is not a solicitation under Rule 7.3, because the prospectiv…
I'm on the approved-attorney panel of a prepaid legal service plan and want to send an introductory mass mailing to all plan members. Does that letter have to follow the solicitation rules?
The panel concluded that an introductory mass mailing to prepaid-plan members is a solicitation of prospective clients and must comply with Rule 7.3(b), because an attorney's status as an approved pla…
Can a full-time Ohio judge or magistrate run a side business, such as delivering newspapers or driving a delivery vehicle?
The opinion concluded that under the former Ohio Code of Judicial Conduct a full-time judge or magistrate could engage in outside business only within three narrow exceptions (managing family investme…
Can a lawyer who served as co-administrator of an estate later represent a party in litigation against that estate over the same assets?
Partly. The opinion concluded that under the former-client conflict rule the lawyer, who had been his own client as co-administrator of the estate, could not, without the successor administrator's con…
Can a law firm represent a client before a local governing body when one of the firm's lawyers is a member of that body, if the lawyer-member discloses the tie and abstains?
No. The opinion concluded it is not ethically permissible for a law firm to represent a client in a matter before a governing body on which one of the firm's lawyers serves, even if that lawyer-member…
Can a lawyer pay a living-trust company for 'document preparation' when the company refers clients to the lawyer to review the trusts it sells?
The opinion concluded it depends on whether the payment is fair compensation for genuine document-preparation services; if the fee is excessive, all or part of it is a disguised reward for the referra…
At a loan closing, if the lawyer represents only the lender and the buyers are unrepresented, must the lawyer advise the buyers about title insurance or title defects?
The opinion concluded the lawyer who represents only the lender and has clearly disclosed that has no obligation to advise the unrepresented buyers about an owner's policy or title exceptions, but mus…
Can insurer-retained defense counsel give an outside billing-audit company case-file information that contains the insured client's confidences or secrets?
The opinion concluded no, without the insured's consent. Because the insured (not the insurer) is the client, the confidentiality rule applies, and the insured's consent to share information with the …
Can an Arizona lawyer who donates to a charity accept client referrals that come from that charity's activities?
The opinion concluded that a lawyer may accept referrals from a nonprofit organization to which the lawyer has donated, as long as the donations are casual and not conditioned on receiving referrals, …
In Kentucky, may two firms or office-sharing lawyers who often represent adverse clients share the same legal secretary?
The opinion concluded that firms or office-sharers who often represent adverse interests generally may not share a legal secretary (qualified no), because under KRPC 5.3 the lawyers cannot realistical…
I agreed to split a contingent fee 50-50 with the attorney who referred me the case, but he has since been disbarred. Can we still split the fee, and if not, how do I pay him for his work?
The panel concluded that the lawyers could not split the contingent fee 50-50 unless each provided half the services, because a disbarred attorney cannot assume the continuing responsibility Rule 1.5(…
Can a lawyer pay a nonlawyer a referral fee that is a percentage of the fees earned from the referred case?
The opinion concluded that a referral payment contingent on, and tied to the amount of, the lawyer's fees from the referred matter is the sharing of a legal fee, not a Rule 7.1(b)(5) referral fee; so …
Must a law firm screen a nonlawyer it hires who used to work for the government on a related matter, and what can the firm ask them?
The opinion concluded that a firm must screen a nonlawyer former government employee from matters the same as, or substantially related to, matters on which that person assisted government lawyers rep…
May a California lawyer take a contractual lien on a client's recovery in one case to secure unpaid hourly fees owed in an unrelated case?
The opinion concluded that an attorney-client fee agreement may include an assignment of anticipated court-ordered statutory fees in one case to satisfy unpaid hourly fees in an unrelated client matte…
May a California lawyer pay reasonable litigation costs (such as court reporter fees) that the client has refused to pay, without violating Rule 4-210?
The opinion concluded that under former California Rule 4-210, an attorney may advance the reasonable expenses of prosecuting or defending an action notwithstanding the client's refusal to pay such co…
Can a New Jersey lawyer be disciplined under RPC 8.4(g) for using peremptory challenges to strike minority jurors?
The Committee declined to read RPC 8.4(g) so that a court's finding of an impermissible discriminatory peremptory challenge under State v. Gilmore would automatically expose the attorney to discipline…
When parties dispute escrowed funds and the escrow agreement has no release or dispute clause, may the lawyer-escrow agent just return the funds to the lawyer's own client?
The opinion concluded no: absent all parties' authorization, the lawyer-escrow agent may not release the funds except as the escrow agreement provides; the lawyer may resign but must protect the funds…
Can a collection lawyer tell a debtor who wrote a bad check that the debtor faces criminal penalties if the bill is not paid?
The opinion concluded no, not directly. Telling the debtor about criminal exposure to induce payment is a veiled threat barred by the rule against using criminal process for civil advantage, though a …
Can an Arizona lawyer accept a referral fee from an investment adviser for sending the lawyer's clients to the adviser?
The opinion concluded that a lawyer may not accept a referral or solicitor's fee from an investment adviser for referring clients, because the lawyer's financial stake in each referral would materiall…
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.