Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try a different search term or clear the filters.
Can a firm represent one co-defendant when an 'of counsel' lawyer at the same firm represents the other?
Generally no. Georgia FAO 98-4 concluded that because an 'of counsel' lawyer must have a close, regular, personal relationship with the firm, the conflict rules that apply to partners and associates a…
Can a lawyer paid by an insurer to defend an insured follow the insurer's litigation-management guidelines and send bills to a third-party auditor?
Not where they cross the line. The opinion concluded a lawyer must not let an insurer's litigation-management guidelines interfere with the lawyer's independent professional judgment, and must not dis…
Can a lawyer take a child-support-arrearage collection case on a contingency fee?
Rarely. Because the state now collects back child support for free, the opinion concluded a contingent fee is almost never in the child's best interest; it is permitted only on a good-faith best-inter…
Can a lawyer interview an opposing company's former employees without the company's lawyer's consent, and what limits apply?
The opinion concluded that Rule 4.2 does not bar ex parte contact with an opposing party's unrepresented former employees, regardless of the position they once held, because former employees generally…
Under California Rule 1-400, may a lawyer 'cold call' a non-client to offer an in-house educational seminar on a legal topic, and may the lawyer mail bulletins or briefs describing recent legal developments to non-clients?
The opinion concluded that a telephone call offering to conduct an in-house educational seminar, or the mailing of bulletins or briefs about legal developments, to a consumer of legal services with wh…
How do West Virginia's advertising and solicitation rules apply to a lawyer's website, email, newsgroup postings, and chat-room contacts?
Websites are public-media advertising subject to the truthfulness rules; email and newsgroup solicitations should carry an 'Advertising Material' label; spamming can be improper harassment; and real-t…
If a lawyer and client had no romantic relationship before the representation began, can the lawyer start a sexual relationship with the client during the case?
Probably not without violating the Rules. The committee concluded that a lawyer who begins sexual relations with a client, where no consensual sexual relationship predated the lawyer-client relationsh…
Years ago I did some work for the seller in a real estate closing while representing the buyer. Now the buyer faces an adverse-possession claim. Can I represent the buyer in a third-party warranty claim against that seller?
The panel concluded that Rule 1.9(a) prohibited the lawyer from representing the buyer against the seller, because the seller was a former client whose interests were materially adverse in a substanti…
If a lawyer who once certified title to disputed property now represents a party in a title case and may be called as a witness, can the lawyer or the lawyer's firm keep representing the client?
The opinion concluded the firm may continue if another lawyer handles the representation, and the inquiring lawyer may personally continue until he knows or should know he is likely to be called as a …
Can a judicial candidate's campaign committee accept contributions from the clerk of the common pleas court and the clerk's employees?
The opinion concluded that under the former Ohio Code of Judicial Conduct a common pleas judicial candidate's committee could accept contributions from the elected clerk of that court and the clerk's …
Can an Ohio judge accept an honorary country club membership, a round of golf, or a ticket to a sports event, and does the judge have to report it?
The opinion concluded that under the former Ohio Code of Judicial Conduct and Ohio Ethics Law a judge could accept these gifts only if the donor was not a party or interest before the judge, and that …
Can an Arizona lawyer contract with an outside paralegal to interview estate-planning clients and supervise document signings, paying the paralegal per case?
The opinion concluded that a lawyer may contract with a paralegal to conduct initial interviews of and supervise document signings by estate-planning clients only if the lawyer supervises and controls…
Can a New York lawyer run and advertise a trademark practice over the Internet, communicate with clients by unencrypted e-mail, and operate under a trade name?
The opinion concluded a lawyer may operate and advertise a trademark practice on the Internet and ordinarily may use unencrypted e-mail for client confidences, subject to conflict checks, advertising …
Can a lawyer who represents a foster care agency in terminating parental rights then represent the prospective adoptive parents who want to adopt that child?
The opinion concluded no: a lawyer representing a foster care agency in surrender or termination-of-parental-rights proceedings may not represent the prospective adoptive parents either at the same ti…
Can a lawyer who is narrowing the fields he or she practices in sell off just the part of the practice the lawyer is dropping?
The opinion concluded no: DR 2-111 lets a lawyer sell a practice only on retiring from private practice in the geographic area, so a lawyer may not sell one portion of a practice and keep practicing i…
Can a law firm host a holiday party just for the local judges and their law clerks, with only the firm's own lawyers as the other guests?
The opinion concluded no: a party targeted at the judiciary whose only other guests are the firm's lawyers creates an appearance of impropriety and is barred by DR 7-110(A) and Canon 9, even though or…
Must a firm tell a client it is using a temporary lawyer, and how can it bill for that lawyer's time and any agency fee?
The opinion concluded that a firm must disclose a lawyer's temporary status and get consent whenever that status is reasonably likely to be material to the representation or the client's expectations …
When a California lawyer's joint representation of co-clients ends and the co-clients dispute who gets the original client files, how should the lawyer handle the files?
The opinion concluded that under former Rule 3-700(D)(1), a lawyer must promptly transfer files at the request of the former client. In a joint-representation dispute, the lawyer cannot favor one clie…
Can a divorce lawyer file a lis pendens against the client's jointly owned property to collect unpaid attorney's fees?
The opinion concluded that a lawyer may not encumber the property that is the subject matter of the representation to collect a fee; doing so acquires a prohibited proprietary interest and is adverse …
If I learn my client violated a court order during litigation, do I have to tell the judge or can I just withdraw?
It depends. The opinion concluded the lawyer had to correct any affirmative misrepresentation she had made to the court, and had to disclose the client's conduct or withdraw if continued representatio…
Can a lawyer leaving a firm contact the firm's clients to tell them about the move?
Yes, for clients the lawyer worked with. Georgia FAO 97-3 concluded a departing attorney may contact clients with whom the lawyer had significant contact or active representation to advise of the depa…
Can a lawyer discuss a client's case with another lawyer outside the firm without breaching confidentiality?
Yes, carefully. The opinion concluded a lawyer could consult an outside lawyer and was impliedly authorized under Rule 1.6 to disclose information to further the representation, but could not reveal p…
Can a law firm hire a lawyer through a nonlawyer staffing agency, and how do conflicts, confidentiality, fee-sharing, disclosure, and billing apply?
Yes. The opinion concluded a firm may retain a temporary lawyer through a nonlawyer staffing agency, treating the temp like a lawyer moving between firms: conflicts and imputed disqualification turn o…
Can a lawyer charge a former client for the cost of pulling a closed file out of storage?
Yes, with conditions. The opinion concluded a lawyer could charge the actual cost of retrieving a closed file only after timely notifying the client of the storage and retrieval-charge arrangement, an…
What can a North Carolina lawyer holding escrowed closing funds do when the buyer and seller dispute whether the money should be released?
The opinion concluded that a lawyer acting as escrow agent must be impartial to both parties and carry out the escrow terms; if the lawyer cannot determine that the condition for release has been met,…
Can a North Carolina insurance defense lawyer send detailed bills to the insurer's outside audit company?
The opinion concluded that legal bills are confidential and an insurance defense lawyer may submit detailed bills to the insurer's outside audit company only with the insured's informed consent after …
How long must a lawyer keep a former client's closed files, when may the files be destroyed, and may the client be charged for delivery or storage?
The opinion concluded that valuable client property must be delivered promptly or safeguarded indefinitely; other client property is governed by Rule 1.16(d), so the lawyer must notify the former clie…
Can a lawyer who is an approved Tennessee Rule 31 mediator advertise that status on the firm letterhead, and in what words?
Formal Ethics Opinion 98-F-142 concluded that a lawyer who is an approved Rule 31 mediator may state that on letterhead, but that 'Approved Rule 31 Mediator' may be misleading because it does not say …
Can salaried in-house attorneys employed by an insurance company practice under a firm name that makes them look like an independent law firm?
The opinion concluded that in-house attorneys employed to represent insureds could not state or imply that they practice in a separate, independent law firm, and that their employment relationship wit…
Can a lawyer accept a flat fee per case from an insurance company to handle all of its insurance defense work?
The opinion concluded that a set fee per case for third-party insurance defense was not per se prohibited, but the lawyer could not accept a fee so low that it impaired her independent professional ju…
If a lawyer hires a social worker who is legally required to report suspected child abuse, what must the lawyer tell the client and the social worker about confidentiality?
The opinion concluded that Rule 1.6(e) does not authorize a social worker employed by a lawyer to disclose client confidences where the lawyer could not, because the employee's exception is purely der…
My client, an inmate, threatened me and fired me. Can I notify the Parole Board and Attorney General or get a restraining order without breaking my duty of confidentiality?
The panel concluded that the Rules did not prohibit the lawyer from seeking a restraining order or notifying the Parole Board or Attorney General about the client's threat, so long as the lawyer reaso…
Years ago I represented a union on contract and labor matters. Can I now represent a former union officer suing that union for defamation over statements it made recently?
The panel concluded that Rule 1.9 permitted the representation because the earlier contract and labor-relations work and the new defamation suit over 1997 statements were not the same or substantially…
Can a lawyer advertise 'no fee unless you win' for contingent-fee cases without saying anything about costs?
The opinion concluded that 'no charge unless we win' or 'you pay us only when we win' phrases improperly imply litigation costs nothing on a loss, and that 'no fee without recovery' style ads are impr…
Can a judge or magistrate sit on a political party's executive committee or on a county board of elections?
The opinion concluded that it is improper under Canon 7(B)(2) for a full-time or part-time judge, a magistrate, or a judge pro tempore to serve on a state or county political-party executive committee…
When someone becomes a judicial candidate, can they wind down a prior nonjudicial campaign committee by giving the leftover funds to a party or other candidates?
The opinion concluded that the Code of Judicial Conduct does not bar a new judicial candidate from terminating a prior nonjudicial campaign committee by disbursing the leftover nonjudicial funds to a …
Must a sitting judge resign to seek appointment as county prosecutor, and what campaign activity is allowed?
The opinion concluded that a judge need not resign to be a candidate for appointment as prosecuting attorney, since the resign-to-run rule covers elections, not appointments; the judge may announce an…
Can a legal services lawyer write a state official directly about a client's treatment without going through the Attorney General?
Yes. Georgia FAO 98-3 concluded that a staff lawyer for a non-profit legal services group may contact state officials, such as a prison warden, to raise concerns about the treatment of an incarcerated…
What can a lawyer do with unclaimed client funds in the trust account when the owner can't be found?
Escheat them, but only after a diligent search. Georgia FAO 98-2 concluded that a lawyer holding unclaimed client or fiduciary funds may remove them from the escrow trust account and deliver them to t…
In Kentucky, what duties do salaried associate lawyers owe to clients and courts when the sole practitioner who employed them dies?
The opinion concluded the employed lawyers retain limited duties under KRPC 1.1, 1.3, 1.4, and 1.15, mainly to notify the clients they personally served so those clients can give instructions, and to …
In Kentucky, may a law firm send its detailed insurance-defense bills to the insurer's outside auditing company without the insured client's informed consent?
No. The opinion concluded a firm may submit detailed defense bills to a third-party auditor only with the informed consent of both the insured and the insurer, and may not release other clients' billi…
How long must an Arizona lawyer keep a client's file after a matter ends, who owns the file, and can the lawyer charge the client to get it?
The opinion concluded that materials the client supplied or that are the client's property must be returned and cannot be destroyed without a reasonable effort to return them and reasonable notice; th…
When must an Arizona lawyer holding a client's personal-injury settlement pay a medical provider that claims a lien or assignment instead of paying the client?
The opinion concluded that ER 1.15 duties to a medical provider arise only when the lawyer has actual knowledge of a matured legal or equitable claim, such as a signed or recorded lien, an assignment,…
Can a lawyer take property-tax cases referred by a non-attorney tax reduction company, and be paid a percentage of the company's contingent fee?
The opinion concluded a lawyer may accept such cases where the property owner authorized the company to engage counsel, but not where doing so aids the company's unauthorized practice of law; the lawy…
Can a law firm hire lawyers leased from an employee-leasing company, and what must it tell clients?
The opinion concluded that using a lawfully leased temporary lawyer is not per se unethical if all participants follow the rules: the firm must control the law-related work, screen for conflicts, avoi…
Can a lawyer record a conversation without telling the other people involved?
The opinion concluded that whether a lawyer may ethically record a conversation without the other parties' consent or knowledge is situation-specific and not unethical per se, retreating from the olde…
Can a Michigan judge join an investment club whose members include lawyers who might appear before the judge?
A judge may join an investment club with no lawyer members, and may join one with lawyer members only if those lawyers are not likely to appear before the judge; if a lawyer member does appear, the ju…
When a contingency case unexpectedly has to go to trial, may a lawyer renegotiate the contingent fee to an hourly fee and take a lien on the client's separate lawsuit to secure payment?
A lawyer may renegotiate a contingent fee, but bears the burden of meeting the business-transaction safeguards, and may accept (but not require) an assignment of other litigation proceeds if the clien…
If a judge is disqualified because a relative or the relative's law firm appears before the judge, can the judge accept the parties' remittal and stay on the case?
The opinion concluded that a judge disqualified because a fourth-degree relative is acting as a lawyer may accept the parties' remittal and continue to sit; whether the appearance of the relative's pa…
Can a lawyer who serves on a county legislature still practice criminal defense in that county if the lawyer abstains from voting on the DA's budget and discloses that?
The opinion concluded no: abstaining from votes on the district attorney's budget and disclosing the intent to abstain does not cure the bar on a lawyer-legislator practicing criminal law where the le…
Can a lawyer who is regularly co-counsel with a part-time judge appear before other judges of that judge's court in unrelated cases?
The opinion concluded the lawyer may appear before other judges of the part-time judge's court only if their relationship does not make them 'partners,' 'associates,' or 'connected in the law business…
What should a lawyer do after an adversary law firm's former employee calls unsolicited to report that the firm altered documents?
The opinion concluded the lawyer may not question the former employee further to extract the adversary's confidences, and where the tip suggests fraud the opposing firm may be assisting, the lawyer sh…
Can my firm pay class-action clients a share of the court-awarded attorneys' fees we earned by objecting to a settlement on their behalf?
The Committee concluded that a law firm may not distribute to its nonlawyer clients any portion of court-awarded attorneys' fees, even as recognition of the clients' expense and inconvenience; doing s…
I represent the lender in a real estate closing. Can I prepare the seller's deed and bill the seller if the seller never asked me to and isn't my client?
The Committee concluded that a lender's attorney may prepare loan documents and be paid by the purchaser-borrower, but may not prepare a deed for the seller without the seller's request unless the att…
Can I accept a personal-injury referral from a chiropractor or doctor who found the patient through telemarketing off accident reports?
The Committee concluded that a lawyer does not violate Rule 7.03(b) by accepting a referral from a health-care provider who solicited the referred patient through telemarketing solely to provide healt…
Can a private lawyer appointed as a special deputy county attorney to prosecute one matter keep representing criminal defendants elsewhere in Utah?
The opinion concluded no: under Rule 1.7(a) and the reasoning of Opinion No. 126, a special deputy county prosecutor could not represent criminal defendants in any Utah jurisdiction during the appoint…
Can a lawyer hired by an insurance company to defend an insured send detailed billing statements to the insurer's outside audit service?
Only with the insured client's informed consent. A detailed billing statement is information relating to the representation under Rule 1.6, so before sending it to an outside auditor the lawyer must o…
Can one lawyer represent both a county and a city within that county on civil matters, or is that a per se conflict of interest?
There is no blanket prohibition. A lawyer may represent both a county and a city on civil matters, but when the two entities are directly adverse on a matter the lawyer may not represent either (and p…
Can a North Carolina lawyer charge a fee labeled 'nonrefundable,' and where must advance fees and flat fees be deposited?
The opinion concluded a lawyer should not label any fee 'nonrefundable' because any clearly excessive portion must always be refunded; flat fees and true general retainers may go directly to the opera…
Can a North Carolina lawyer take part in a real estate 'witness closing' when a nonlawyer may have searched the title without lawyer supervision?
Only after inquiry. The opinion concluded a lawyer could not participate in a witness closing if a reasonable inquiry showed an unsupervised nonlawyer had abstracted the title or given a title opinion…
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.