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 an Alabama lawyer collect both a court-awarded fee and a contingency fee, and share court-awarded fees with a referring lawyer?
Yes to both, with limits. The lawyer may take a contingency fee and petition for a statutory fee award if the combined amount is not clearly excessive, and may share court-awarded fees with a referrin…
Can a New York lawyer send a client's retainer agreement and invoices to a credit card company to fight a chargeback of legal fees?
Yes, but only if the material is not confidential, the client consents, or the lawyer reasonably believes disclosure is necessary to collect the fee; disclosure must be limited or redacted, and the Fe…
Does a part-time county lawyer have a conflict of interest if his private practice requires him to subpoena a county department he does not represent?
No. The opinion concludes that separate county departments are treated as separate clients under Rule 1.7(a)(1), so subpoenaing a department the lawyer does not represent and that is separately counse…
If an out-of-state lawyer works remotely as full-time in-house counsel for a company based in Tennessee, must the lawyer register as in-house counsel or is that the unauthorized practice of law?
Formal Ethics Opinion 2022-F-168 holds that an out-of-state-licensed lawyer who works remotely as in-house counsel for a company with a presence in Tennessee is not engaged in the unauthorized practic…
Can a paralegal take or defend a deposition, and can an out-of-state lawyer take a deposition in Ohio?
A lawyer may not delegate taking or defending a deposition to a paralegal. An out-of-state lawyer may take a deposition in Ohio only under a Prof.Cond.R. 5.5 exception, and an Ohio lawyer may take one…
Can a prosecutor prepare a judgment entry at a judge's direction and revise it without involving defense counsel?
A prosecutor may prepare a judgment entry at the court's direction, but should not make substantive edits at the court's later request unless opposing counsel is included, because doing so would be an…
Can a New York lawyer partner with a U.K. solicitor who also belongs to a U.K. firm with nonlawyer owners, and may the two firms co-brand and share fees?
Yes, with conditions: Rule 7.5(d) allows the cross-border partnership, the solicitor's separate U.K. ABS membership alone does not violate Rule 5.4, but co-branding cannot mislead the public and fee d…
Can an Arizona lawyer reveal confidential information to respond to a former client's negative online review?
Sometimes. Departing from the ABA majority, the opinion concluded that a lawyer may reveal confidential information to the extent reasonably necessary to rebut a former client's online accusation of s…
Can a New Hampshire lawyer who is actively practicing law also run a law-related business, such as a real estate brokerage, under Rule 5.7 without violating the other Rules of Professional Conduct?
The opinion concludes a lawyer may provide law-related services under Rule 5.7 and be relieved of some Rules only if the services are kept distinct from the lawyer's legal practice or the customer is …
My immigration client's former employer wants to withdraw the affidavit of support his application depends on. Must I tell USCIS?
Yes. The panel concluded the lawyer must promptly notify USCIS that the former employer wishes to withdraw the affidavit of support. The duty of candor under Rule 3.3, and the duty not to pursue an un…
As town solicitor, can I represent the town council, zoning board, and a committee at once in a variance application where the committee seeks relief the zoning ordinance bars?
No. The panel concluded it is a non-waivable concurrent conflict under Rule 1.7 for the town solicitor to represent all three municipal entities in the variance application, because the Recreation Com…
Can a New York lawyer charge a minimum fee for a defined legal service, and when does it become a prohibited nonrefundable fee?
Yes. The opinion concludes a minimum fee is permitted if the engagement letter explains in plain language how it is calculated and incurred and the fee is reasonable and not excessive; an unearned por…
Can a lawyer secretly listen to and coach a client during the client's phone call with someone the lawyer knows is represented by another lawyer?
No. The opinion concludes that a lawyer who coaches a client during the client's call with a represented person about the subject of that representation violates Rule 4.2 by communicating through the …
Can a Colorado lawyer ethically take on too many cases, and are supervising lawyers responsible for a subordinate's excessive workload?
No to an excessive workload, and yes to supervisor responsibility. The opinion concludes the duties of competence, diligence, and communication affirmatively require every lawyer to control workload v…
Can a defense lawyer require the opposing lawyer to sign and approve a settlement release, and can a lawyer ethically sign one that obligates the lawyer to indemnify or hold harmless?
No. The opinion concludes it violates the Mississippi rules for a lawyer to sign a release that approves or agrees to terms obligating the lawyer (such as indemnification) unless the lawyer is a party…
If a lawyer copies their own client on an email to opposing counsel, can opposing counsel hit 'reply all' and include that client without violating the no-contact rule?
Yes. Absent special circumstances, copying your own client on a group email or text to opposing counsel impliedly consents under Rule 4.2 to a 'reply all' that reaches your client. To avoid that, do n…
Can an Oregon lawyer respond publicly to a former client's negative online review?
Generally no. The opinion concludes a lawyer may not reveal information relating to the representation when responding to an online review; the RPC 1.6(b)(4) self-defense exception applies sparingly i…
Can a lawyer licensed in another state work remotely from Oregon (or an Oregon lawyer from another state) without unauthorized practice?
No unauthorized practice in Oregon, qualified. The opinion concludes a lawyer licensed elsewhere who lives in Oregon but practices only the other state's law and does not hold out availability in Oreg…
Can a lawyer and a non-lawyer run a joint mediation business under a trade name, and how do the fee-sharing and unauthorized-practice rules apply?
A lawyer may serve as a mediator and may join with a non-lawyer to provide mediation services and use a non-misleading trade name; but if the service involves the practice of law (such as drafting set…
What must a lawyer do if a client plans to lie or give false evidence in a court proceeding, and can the lawyer tell the court?
The opinion concludes that a participating lawyer must try to dissuade the client, must refuse to offer evidence the lawyer knows is false, and, if the client gives false testimony, must take reasonab…
When is using 'Associates' or '& Associates' in a Minnesota firm name misleading?
The opinion concludes that using 'Associates' in a firm name is false and misleading unless at least two licensed attorneys practice with the firm, and using '& Associates' is misleading unless at lea…
Can a North Carolina lawyer call a public insurance adjuster as an expert witness when the client is paying the adjuster a contingency fee out of the insurance proceeds?
Yes. The client-adjuster contingency-fee contract is governed by state insurance law, not the Rules of Professional Conduct, and North Carolina law permits it, so the lawyer is not offering an inducem…
Can a lawyer who retires under New York's OCA rules still collect a referral fee on cases handed to successor counsel?
Yes, but only if the retired lawyer keeps joint responsibility for the referred matter; an OCA-retired lawyer is still a lawyer, so Rule 5.4(a) does not bar the fee, but Rule 1.5(g) requires continuin…
Can lawyers who share an office but run separate practices share staff and divide fees, and how do they protect client information?
Yes. Lawyers in separate practices may share office space, equipment, and staff, and may divide fees under Prof.Cond.R. 1.5(e), but must segregate files, control access, and train staff to protect cli…
Can an Ohio magistrate run for or serve on a school board, city council, or county board of commissioners?
No. A full-time or part-time magistrate may not run for or hold a nonjudicial elective office; the 'resign to run' rule and related duties bar holding the magistrate position and the elective office a…
Can a judge attend a law-enforcement training course that is open only to judges, prosecutors, and police?
No. The opinion concludes a judge should not attend a training course offered by a law enforcement agency and open exclusively to judges, prosecutors, and law enforcement, because it threatens the jud…
May a Texas nonprofit legal services agency obtain advance, intake-stage consent from each client to share confidential information with the agency's funders or their monitors during site visits or audits?
Per the Committee, no on the blanket approach: Rule 1.05 binds legal-aid lawyers, and Rule 1.05(c)(2) consent requires consultation that cannot meaningfully occur at intake before the lawyer knows the…
Does the no-contact rule apply to a lawyer representing themselves, so that the lawyer cannot contact the opposing represented party directly?
Yes. A lawyer who is self-represented is still 'representing a client' under Rule 4.2, so the lawyer may not communicate directly with another represented person about the matter without that person's…
Can a New Jersey lawyer use state-regulated cannabis, or operate or invest in a cannabis business, without violating the Rules of Professional Conduct?
Yes. The Committee concluded that using regulated cannabis and operating or investing in a regulated cannabis business, in compliance with New Jersey law, does not violate RPC 8.4(b), even though it r…
If I cc my own client on an email to opposing counsel, can the other lawyer reply-all directly to my client, and what about bcc?
A lawyer who cc's a client on an email to other counsel generally gives that counsel implied consent under Rule 4.2 to reply-all and thereby communicate directly with the client, though the consent is…
Can a client give a lawyer advance authority to settle within a set range, and can the client take that authority back?
A client may grant advance settlement authority, but it is limited: the client may revoke it at any time, and the lawyer has a continuing duty to keep the client informed of material developments and …
Can a defense lawyer in Utah contact a plaintiff's treating physician ex parte, outside formal discovery?
No. The opinion formally withdraws Advisory Opinion 99-03, noting that the Utah Supreme Court in Sorensen v. Barbuto vacated 99-03 and instructed lawyers to confine contact with an adversary's treatin…
Can an Ohio lawyer accept and hold a client's cryptocurrency in escrow, and how must it be safeguarded?
Yes. A lawyer may hold cryptocurrency in escrow as client property, but cannot place it in a client trust account unless converted to U.S. funds, and must segregate it, keep records, maintain technolo…
Before taking over a jailed defendant's case for a fee, must a D.C. successor lawyer notify the prior lawyer, and when can the fee be collected?
The opinion concludes that under D.C. Rule 7.1(f), a successor lawyer who solicits an incarcerated person in a pending criminal case must give timely and adequate notice to current counsel before acce…
Can a North Carolina lawyer agree to be on a doctor's or other professional's list of recommended lawyers given to patients or clients?
Yes, if there is no quid pro quo exchange of referrals and the lawyer does not direct or expect the professional to improperly solicit. The lawyer must withdraw from the list if the professional coerc…
Can a North Carolina lawyer be privately retained for a limited role, like just a bond hearing, for an indigent criminal defendant who already has appointed counsel?
Yes. The lawyer may consult with the represented defendant and take a reasonable limited-scope role with the defendant's informed consent, must tell the court of the limited appearance, should notify …
Can an assistant public defender appear in a town court where a relative or law partner is the part-time judge, and is the disqualification imputed to the whole office?
The opinion concludes the judge's law-partner cousin cannot represent office clients in that town court, and the judge's son-in-law cannot appear there but may work outside court with party and judici…
Can a town attorney represent a private client on zoning matters before a neighboring town if the client also has property interests in the town the attorney serves?
Yes if there is no personal-interest conflict, or a consentable one with informed consent from both the town board and the client; a positional conflict alone does not bar it, but Rule 1.11(f)(2) forb…
Can a settlement agreement require a Maine lawyer to keep all case information, including publicly available information, confidential?
A settlement agreement may require that the settlement terms and other non-public information stay confidential, but it may not require a lawyer to keep publicly available information confidential or …
May a Texas plaintiff's personal-injury lawyer agree to personally indemnify the defendant group from medical liens and reimbursement claims as a condition of settlement, and may defense counsel insist on it?
Per the Committee, no on both: the personal indemnity violates Rule 1.08(d) (impermissible financial assistance), Rule 1.06(b)(2) (lawyer's-own-interest conflict), and Rule 2.01 (independent professio…
If a lawyer in my firm personally owns part of a client we are advising in a deal, is that conflict imputed to the rest of the firm?
The Committee concludes a lawyer's financial stake in a client entity is a personal-interest conflict under RPC 1.7(a)(2) that is imputed to the firm under RPC 1.10(a). The RPC 1.10(a) exception for p…
Must a Pennsylvania lawyer run real estate settlement funds through an IOLTA account?
Generally yes. The opinion concludes real estate settlement funds are Rule 1.15 funds, so a lawyer who is an authorized signatory on the account holding the proceeds must designate it an IOLTA account…
Can a New Hampshire lawyer represent a client whose legal fees are paid through donation-based crowdfunding, and what ethical duties apply?
The opinion concludes that representing a client in a matter funded through donation-based crowdfunding is not unethical per se, but it triggers duties under several rules: client consent to third-par…
When does a personal relationship with opposing counsel, such as a spouse, partner, or friend, require disclosure and client consent?
Spouses and those in marriage-equivalent intimate relationships cannot oppose each other without informed written consent, and a close friendship with opposing counsel requires disclosure and consent;…
Can a lawyer who notarizes a client's affidavit still represent that client at a hearing or trial in the same matter?
Yes. Notarizing a client's affidavit does not by itself make the lawyer a necessary witness under the advocate-witness rule, so it does not automatically disqualify the lawyer; disqualification requir…
If a former public defender becomes the county prosecutor, can the office prosecute the defender's old cases?
Only with case-by-case analysis: the prosecutor is personally disqualified, absent informed written consent, on matters where he or she represented the defendant or obtained protected client informati…
Can a Mississippi lawyer advise and assist a client in complying with the Mississippi Medical Cannabis Act, even though cannabis remains illegal under federal law?
Yes. The opinion concludes that under MRPC 1.2(d) and 1.4 a lawyer may represent and assist a client in activities authorized by and compliant with the Mississippi Medical Cannabis Act, provided the l…
Does a Pennsylvania workers' comp lawyer have to ask for Section 440 counsel fees?
Not in every case, but the lawyer must raise it with the client. The opinion concludes the decision whether to seek Section 440 fees implicates the client's substantive rights, so the lawyer must disc…
Can a lawyer admitted in New York and Florida, with an office only in Florida, state on the Florida letterhead that he is admitted to the New York Bar?
Yes. The opinion concludes that, under the New York rules, a lawyer admitted in both states may truthfully state on his Florida letterhead that he is admitted to the New York Bar, as a truthful creden…
After a security breach or identity fraud drains a trust account, can a lawyer deposit the lawyer's own money into the account to cover the loss?
No. The opinion concludes a lawyer may not deposit the lawyer's own funds into the trust account to mitigate losses from theft or fraud, because Oregon RPC 1.15-1(b) allows only bank-charge and minimu…
When does a Colorado lawyer's biased, discriminatory, or sexually harassing conduct violate the ethics rules, and how do Colorado's rules differ from the ABA's?
Colo. RPC 8.4(g) bars conduct that exhibits or is intended to appeal to or engender bias, but only 'in the representation of a client,' while Colo. RPC 8.4(i) bars sexual harassment in the broader sph…
Can my contingency fee apply to the total of the damages award plus court-awarded statutory attorney's fees?
Yes. The panel concluded it is permissible under Rule 1.5(a) for a retainer to state that the contingency percentage applies to the total of the damages award plus court-awarded attorney's fees. The f…
What must an Alaska lawyer do after observing that another lawyer may be impaired, and when do firm duties or mandatory reporting apply?
Impairment alone is not a rules violation. The opinion directs lawyers to focus on objective conduct; Rule 5.1 may require firm action, and Rule 8.3 requires reporting known violations that raise a su…
What are an Arizona lawyer's duties around metadata in electronic documents, and can a lawyer use hidden email-tracking 'web bugs'?
Senders must scrub confidential metadata; recipients may review readily-visible metadata but must follow the inadvertent-disclosure process for anything confidential and may not 'mine' for hidden meta…
Can a lawyer contact a former employee of a represented organization to get information without the organization's lawyer's consent?
Generally yes. A lawyer may contact a former employee of a represented organization without opposing counsel's consent if the lawyer first discloses the client's identity and interest and the reason f…
Can a North Carolina attorney appointed to serve as both guardian ad litem and attorney advocate for a child file a GAL court report and testify about it?
Only with the court's leave. If appointed solely as GAL, the lawyer may file and testify; in the dual GAL and advocate role, the lawyer must inform the court of the Rule 3.7 advocate-witness conflict …
When is a lawyer responsible under the solicitation rule for live contact made by the lawyer or by employees, lead generators, or others acting for the lawyer?
Under amended Rule 7.3, a lawyer may not use live person-to-person contact to solicit clients for pecuniary gain, and is responsible under Rules 8.4(a) and 5.3 when employees or agents do so on the la…
Can a law firm with no Utah-licensed lawyer advertise or solicit legal services in Utah?
The opinion concludes that advertising or soliciting in Utah when no member of the firm is licensed in Utah violates Rule 7.1 as materially misleading by omission, unless the communication includes a …
Can a lawyer let a smartphone app access the contacts list when it contains clients whose identity is confidential?
Only with due diligence. The opinion concludes a lawyer may not grant an app access to contacts containing confidential client information unless, after reviewing the app's policies, the lawyer conclu…
Can an Ohio judge serve on a political party executive committee, lead a party club, or sit on a county board of elections?
No. A judicial officer may not serve on a state or county party executive committee, should not lead a political party club, and may not sit on a county board of elections, because each role conflicts…
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.