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 law firm bill a client for 'costs' (copying, computer research, messenger, interest) at amounts higher than what the firm actually pays?
Under RPC 1.5, expenses must be reasonable. The large copying markup described was unreasonable even if disclosed, and if undisclosed might implicate RPC 8.4; computer research and messenger charges…
Do non-compete, no-client-contact, and liquidated-damages clauses in a lawyer's employment agreement with a law firm violate RPC 5.6(a)?
Yes. The committee concluded that the three provisions, barring the lawyer from contacting firm clients during and after employment, a two-year non-compete, and a liquidated-damages clause backing…
Can a Washington criminal defense lawyer charge a client for copying the case file or discovery, and does the answer change for an indigent appointed client?
For a retained client, the lawyer may shift copying costs only if the original fee agreement contains an express term to that effect entered at the start of the representation; otherwise the file…
Can a Washington lawyer join a nationwide, internet-based bankruptcy lawyer referral service when the per-client fee and listing fee are paid to a for-profit company, not the nonprofit?
No, as the program was structured. The committee concluded that Consumer Legal Referrals was not a not-for-profit lawyer referral service under RPC 7.2(b)(2), because the $100 per-converted-client…
If a lawyer waives part of a contingent fee for the client after settlement, must the lawyer tell the client's PIP carrier, whose reimbursement was reduced by a pro rata share of that fee?
Yes. The committee concluded that while waiving part of the fee is itself fine, the actual fee charged is a material fact in calculating what the lawyer keeps from the PIP carrier's reimbursement,…
Can a Washington lawyer who took a referred wrongful death case share the contingent fee with the referring lawyer, who is licensed in Canada and not subject to Washington's rules?
Yes, the committee concluded the fee may be shared, on condition that RPC 1.5(e)(2) is met: the division is in proportion to each lawyer's services or, by written agreement, each lawyer assumes…
Can a retired founding member who is an honorary bar member be listed as 'Honorary Member' on a law firm's letterhead?
Not without clarification. The committee concluded that 'Honorary Member' alone violates RPC 7.1 and 7.5 because it implies the retired lawyer is a partner and still practicing; listing the lawyer…
In a workers' comp claim against a self-insured employer, can the injured worker's lawyer directly contact the employer's claims adjuster or third-party administrator who can bind the employer?
No, where that person is represented by counsel or is an employee with authority to bind the employer in an evidentiary sense. The committee concluded RPC 4.2 forbids contacting a represented party,…
Can a Washington lawyer pay a nonlawyer nonprofit a 'donation' in exchange for case referrals that produce a recovery?
No. The committee concluded that both the lawyer who pays a donation tied to a referral and a lawyer working for the nonprofit who requests it violate RPC 7.2, unless the nonprofit qualifies as a…
Can a lawyer who is the guardian of an incapacitated person also appoint himself trustee of that person's special needs trust?
The committee concluded he cannot: because establishing the special needs trust does not necessarily end the guardianship and the guardian's and trustee's duties do not necessarily coincide, holding…
Can a Washington lawyer join an online attorney-client 'matching' service that charges a flat fee and ranks 'verified' lawyers higher?
The committee concluded the service apparently operates as an impermissible for-profit referral service in violation of RPC 7.2(c) because it makes subjective judgments and does more than…
Does a county prosecutor have a conflict prosecuting someone who briefly worked on the prosecutor's spouse's political campaign, and is the whole office disqualified?
The committee concluded the elected prosecutor's possible personal-interest conflict is analyzed under RPC 1.7(b), and that even if he is personally disqualified the conflict is not necessarily…
Does a law firm owe confidentiality to someone who submits case details through the firm's website, and can it still represent the opposing party?
The committee concluded that lawyers owe a duty of confidentiality to prospective clients even without the then-proposed RPC 1.18, so a firm that solicits information through its website and…
May a lawyer who defended both spouses in a collection case later represent the husband against the former wife over that debt?
The opinion says the prior collection matter is substantially related under Rule 4-1.9(a), so a conflict would likely exist in the proposed contempt representation.
What does the opinion say when a former firm keeps a departed lawyer’s photo and biography on its website?
The opinion recommends raising Rule 4-7.1 with the firm and documenting removal requests. If the firm neither removes the material within a reasonable time nor reasonably explains the delay, it says…
May a lawyer offer discounted estate planning if a client leaves part of the estate to a nonprofit?
Yes. The opinion permits the discount if the lawyer fully discloses the lawyer’s relationship with the nonprofit and provides objective advice about the client’s options and their effects.
May an unsupervised nonlawyer prepare and settle insurance claims for a lawyer and be paid according to the recovery?
No. The opinion says Rule 4-5.3 bars the unsupervised arrangement and Rule 4-5.4 bars compensation based on the recovery as fee sharing with a nonlawyer.
May a single-member LLC or S corporation appear before an administrative tribunal through a nonlawyer owner?
The opinion says the entity cannot appear through a nonlawyer where the conduct is the practice of law and no specific statute or rule authorizes it. It also says not every administrative-tribunal…
Must a firm tell materially represented clients that they may continue with a departing associate?
Yes, if the associate can actually continue representing them. The opinion says departure procedures do not depend on whether the lawyer was a partner, associate, or of counsel, and notice goes to…
May a lawyer tell trust beneficiaries about suspected misappropriation by the trustee client?
The opinion bars disclosure to other beneficiaries without the trustee client’s consent. It permits withdrawal and says withdrawal is required if continued representation would assist conduct the…
Must a law firm website carry the lawyer-choice statement required by Rule 4-7.2(f)?
The opinion says websites are advertising and Rule 4-7.2(f) applies, unless the website is limited to the basic information listed in Rule 4-7.2(g).
May a lawyer produce a deceased client's files and testimony in response to a subpoena without a court order addressing confidentiality?
No. The opinion permits disclosure only under a court order after confidentiality is fully presented, and says the order should be as specific and limited as possible.
May a lawyer represent a husband in a post-divorce modification when the lawyer's current partner represented the wife in the divorce?
Only if the wife consents. The opinion imputes the partner's Rule 4-1.9(a) conflict under Rule 4-1.10(a) and says screening does not remove it.
After a law firm pitches a prospective client in a 'beauty contest' but isn't hired, can it later represent the opposing party in that matter?
Yes, unless a lawyer learned confidences from the prospective client that could be significantly harmful in the matter. Even then, the firm may proceed if it got an advance conflict waiver, if the…
Can a lawyer act as the client's lawyer and also as the real estate broker and mortgage broker in the same transaction?
Yes, qualified. The opinion concludes a lawyer may serve in multiple roles in the client's real estate transaction if substantive law allows it, but the personal-interest conflict under Oregon RPC…
Once an attorney has properly withdrawn a fee from the Client Trust Account at the earliest reasonable time after the interest became fixed, does the attorney have to redeposit the fee if the client later disputes it?
Per California Formal Opinion 2006-171, no. Once a fee has been properly withdrawn from a CTA under former Rule 4-100(A)(2), the funds cease to have trust account status; a later client dispute is a…
Does the inclusion of a charging lien in a contingency fee agreement require California compliance with former Rule 3-300, including written advice to consult independent counsel and written client consent?
Per California Formal Opinion 2006-170, no. A charging lien is a natural corollary of a contingency fee agreement and does not create an 'adverse interest' under former Rule 3-300, distinguishing…
Can the lawyer who handled a foreclosure also represent both the buyer and the bank when the bank resells the property?
Sometimes. The opinion concludes the foreclosure lawyer may represent both the buyer and the seller/bank at the resale closing only with full disclosure of the risks (including the lawyer's own…
When a lawyer jointly represents a workers' comp carrier and the employer, can the lawyer withhold claim evaluations from the employer at the carrier's direction?
The opinion permits withholding during joint representation if the employer agrees, after being properly informed, that certain information will be withheld. If the carrier refuses sharing and the…
Must a judge leave an estate case when a part-time household employee gives testimony also supplied by other witnesses?
No on the stated facts. The Commission found the employee was not a material witness and identified no other fact reasonably calling the judge’s impartiality into question.
Is a judge disqualified from a case against a city and its inspector after a dispute over the judge’s hurricane debris removal cost has been resolved?
No on the submitted facts. After the debris-cost issue was resolved without charge, the Commission found no reasonable question about the judge’s impartiality.
Can a lawyer contribute to a memorial fund for a deceased judge organized by a local group that is not a bar association or law school?
No. The opinion concludes that under Rule 3.5(e) a lawyer may not contribute to a memorial for a judge unless the soliciting entity is a law school or an established bar organization not formed…
Can a lawyer accept referrals from a trade association he belongs to if he offers the association's members discounted fees?
Yes. The opinion concludes a lawyer may receive referrals from a trade association he belongs to, provided he gives the association nothing of value in exchange for the referrals; the trade…
May a Nebraska defense lawyer oppose a prosecutor who is a close relative, or another prosecutor in the relative's office?
Under the 2006 opinion, the lawyer may oppose the relative only after deciding the relationship will not impair professional judgment and obtaining informed written client consent. The personal…
Can a staff lawyer in an organization be supervised by a nonlawyer manager who reviews his substantive legal work and decides his raises and promotions?
Yes. The opinion concludes a lawyer may be employed by an organization where a nonlawyer is his immediate supervisor and reviews his legal work, so long as the lawyer does not let the nonlawyer…
May a Nebraska lawyer donate a certificate for legal services to a nonprofit charity auction?
Yes under the 2006 opinion, if the certificate identifies the lawyer and service, stays within the lawyer's competence, preserves the right to decline for conflicts or other ethics issues with a…
Can a lawyer who represents only the seller conduct a mail-away residential closing in South Carolina when the buyer is unrepresented, and does a buyer's mortgage loan change the analysis?
Nothing in the Rules flatly prohibits a seller-only mail-away closing if the Opinion 05-16 conditions and the Rule 4.3 disclosures to the unrepresented buyer are met, but who the closing attorney…
May a Nebraska lawyer contract with a nonlawyer company that markets living trusts, gathers client information, prepares documents, and shares the client fee?
No. The 2006 opinion found that the described arrangement created multiple violations involving referrals and solicitation, nonlawyer fee sharing, unauthorized practice, conflicts, and interference…
A lawyer represents both a mother and her injured child; the mother (also the child's guardian ad litem) bars discovery of the at-fault grandmother's assets. What must the lawyer do?
The mother's instruction creates a conflict between her and the minor child the lawyer also represents. The opinion concludes that because the minor cannot consent and the mother's interest may be…
May a Nebraska law firm require a departing associate to pay liquidated damages for continuing to practice in the same county?
No. The 2006 opinion treated a competition-triggered financial penalty as an indirect restriction on practice prohibited by Rule 5.6, except where that rule expressly permits a restriction.
Can a lawyer be a certified police officer with arrest powers and also serve as the city prosecutor for cases made by that department?
The opinion finds no per se ethical prohibition, but the lawyer must adhere to Rules 3.7, 3.8, 5.2(a), and 5.4(c), and the prosecution of all cases must remain in the lawyer's full discretion.…
May a Nebraska law firm own and operate a separate collection agency using employees leased from the firm?
Yes under the 2006 opinion, but the collection work is law-related and the lawyers must clearly distinguish it from legal services, explain that no client-lawyer protections attach, and keep both…
When two LLC members both demand the company book after the lawyer who formed the LLC declined to represent either in their dispute, what must the lawyer do with it?
Absent a written engagement letter designating one member as the company's authorized representative, the lawyer must keep the company book until the dispute is resolved. Under Rule 1.15(e) property…
May Arizona lawyers in separate firms work as loan officers for a lawyer-owned mortgage company?
Opinion 06-08 permits a separate mortgage/refinancing business with a nonlawyer co-owner and lawyer loan officers who practice in separate firms. The business must stay distinct from law practice,…
May a Nebraska lawyer record a nonclient telephone or in-person conversation without disclosing the recording?
The 2006 opinion says undisclosed recording was not automatically unethical if lawful and unaccompanied by actual deceit, fraud, misrepresentation, or infringement of a court-defined privacy right.
Can a South Carolina lawyer hire an associate licensed only in another state to handle Social Security cases, and what must the letterhead disclose?
Hiring the out-of-state associate is not aiding the unauthorized practice of law, because handling only Social Security Administration matters falls within a Rule 5.5(d)(2) exception. But under…
Can an Arizona fee agreement let a lawyer settle for a client who later cannot be reached?
Opinion 06-07 rejects advance blanket authority to decide and sign a settlement for an unreachable client. ER 1.2 reserves the settlement decision to the client, ER 1.4 requires communication, and…
May a former Vermont agency lawyer represent private clients before that agency?
The opinion permits the representation if the lawyer did not personally and substantially participate in the same matter during government service, unless the agency consents, and does not use or…
May a Nebraska firm rehire its suspended former lawyer for off-site research, writing, paralegal, or investigative work without client contact?
No. The 2006 opinion says the former firm may not employ the suspended lawyer in those quasi-legal roles, even off site or without client contact, because the arrangement conflicts with…
When a longtime client has dementia, can the firm represent his daughter in seeking to have her appointed his conservator and guardian ad litem?
The firm may take protective action for a client with diminished capacity under Rule 1.14. If the client's existing power of attorney makes the daughter his legal representative, the firm may…
May an Arizona lawyer pay to join a for-profit site that matches clients with recommended lawyers?
Opinion 06-06 classifies the described site as a lawyer referral service because it selects and recommends lawyers for a client’s legal needs. The site was for-profit and lacked regulatory approval,…
May a Vermont assistant judge keep a name in a law firm's title and continue serving on a school board?
The opinion permits the firm to use the assistant judge's name only while the judge actively and regularly practices with it, and bars a new school board election campaign. Its synopsis and analysis…
May a Nebraska public defender store client information on a server shared with the county attorney, sheriff, and other county offices?
Only if public-defender personnel alone can access client information. If reasonable safeguards cannot secure confidentiality, the 2006 opinion requires a separate system or discontinuing client…
Can a firm let a satellite-office bookkeeper be the only person on site with access to the IOLTA account, and can the associate rely on the owner to supervise?
Possibly, but only if a lawyer actually supervises the bookkeeper with real access to the books and the trust account. The opinion concludes the duties under Rules 1.15(f), 5.3, and 5.4(c) are not…
May an Arizona lawyer advance a civil plaintiff’s court-ordered security-bond cost?
Opinion 06-05 treats a Rule 67(d) security bond as a litigation cost or expense under ER 1.8(e). The lawyer may advance it with repayment contingent on the result or pay it for an indigent client…
May a Vermont lawyer suing a company speak with its former manager and represent that manager separately?
The opinion permits discussion of the manager's own proposed claim, but limits discussion of the first employee's suit while the manager remains employed. After employment ends, the lawyer may…
May an inactive Nebraska lawyer work as a real estate agent without creating a client-lawyer relationship or applying every professional rule?
Yes under the 2006 opinion, if the lawyer takes reasonable measures before service to explain that the work is solely real estate service, not legal representation, and that client-lawyer…
When a pro se plaintiff's former lawyer claims a charging lien on the settlement, must defense counsel hold the disputed funds in trust even though neither claimant is her client?
Yes. The opinion concludes defense counsel may not pay all settlement proceeds to the pro se plaintiff; under Rule 1.15(e) she must keep the disputed portion separate in trust until the lien dispute…
May an Arizona lawyer join a prepaid legal program with third-party billing audits and a six-hour payment limit?
Opinion 06-04 says the described contract may be permissible only if the lawyer can withhold confidential client information from auditors absent informed consent and retains independent judgment…
How did Vermont Opinion 06-04 require lawyers to hold real estate closing funds?
Opinion 06-04 required closing funds held by a lawyer to go to pooled IOLTA unless substantial interest for a beneficiary was reasonably expected, and required overdraft notification on trust…
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.