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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When an Oregon lawyer believes a client has lost the capacity to handle their own affairs, can the lawyer act protectively over the client's objection?
Yes, qualified. The opinion concludes that under RPC 1.14 a lawyer who reasonably believes a client has diminished capacity, is at risk of substantial harm, and cannot act in their own interest may…
Can an Oregon lawyer publicly campaign for and endorse candidates for judicial or other elected office?
Yes. The opinion concludes no ethical rule prohibits a lawyer from assisting in others' campaigns, including speaking publicly and lending the lawyer's name to endorsements, so long as the lawyer…
Can an Oregon lawyer running for judicial office campaign for that office?
Yes, qualified. The opinion concludes a lawyer may campaign for judicial office, subject to compliance with the applicable provisions of the Code of Judicial Conduct as required by Oregon RPC 8.2(b).
What must an Oregon lawyer do when a client commits perjury, or when a court-appointed client is fraudulently obtaining free counsel?
For past perjury, the lawyer must urge the client to correct it and, if the client refuses, may only seek to withdraw without disclosing the wrongdoing; but where the client's conduct is a…
If an Oregon lawyer's client disappears mid-appeal owing fees, can the lawyer stop work or settle the case without the client?
No to both, qualified. The opinion concludes the lawyer must keep handling the appeal until properly granted leave to withdraw under RPC 1.16, and may not settle the case without the client's…
Can an Oregon lawyer borrow money from, lease property from, or go into business with a client?
Yes, qualified. The opinion concludes a lawyer may enter a business transaction with a client only if the lawyer meets all of RPC 1.8(a): fair and fully disclosed written terms, written advice to…
Can an Oregon lawyer who represents a trade association take on one member against another member in an unrelated matter?
Yes. The opinion concludes the lawyer's client is the association, not its individual members, so representing one member against another non-client member in an unrelated matter is not a current…
Can an Oregon lawyer endorse a settlement check that is payable jointly to the lawyer and the client?
Only with the client's authorization. The opinion concludes a lawyer may endorse a check on the client's behalf if the client authorizes it, but may not do so without authorization; implied…
Can an Oregon lawyer employ a suspended or disbarred lawyer to do work that nonlawyers may lawfully perform?
Yes, qualified. A suspended or disbarred lawyer may do work that nonlawyers may lawfully do, but may not practice law and may not receive a share or percentage of legal fees earned on a specific…
Can an Oregon lawyer accept payment from an insurance adjuster to handle a conservatorship for an unrepresented minor and the minor's parents?
Yes, qualified. Under Oregon RPC 1.8(f) the lawyer must obtain the client's informed consent to the third-party payment and must not let the adjuster direct or regulate the lawyer's professional…
When can an Oregon lawyer assist nonlawyers (or sign documents prepared by them) without aiding the unauthorized practice of law?
A lawyer may help nonlawyers do what nonlawyers can lawfully do, and may use a collection agency for the lawyer's own or clients' debts, but may not sign letters or pleadings the lawyer has not…
Can an Oregon lawyer help a client buy back the client's own bad checks to reduce criminal exposure, if the steps are lawful?
Yes, qualified. The opinion concludes that because the actions the client asks for are assumed lawful, the lawyer has a duty under Oregon RPC 1.2 to act in accordance with the client's directions;…
When can an Oregon lawyer advise, supervise, or take part in a covert investigation that uses misrepresentation, and can the lawyer go undercover personally?
Oregon RPC 8.4(b) is a safe harbor that lets a lawyer advise or supervise lawful covert activity only when the lawyer in good faith believes there is a reasonable possibility of unlawful activity;…
Can a lawyer accept credit card payments for advance retainers, and how should the trust account, service fees, and chargebacks be handled?
A lawyer may accept credit card payments, but unearned retainers are client funds that may not be deposited into the lawyer's business account; if the bank requires one merchant account it must be a…
Can an Oregon lawyer take a new matter adverse to a former client when only confidential information, not the same matter, is at stake?
It depends on the information. The opinion concludes that where the new matter is not the same or substantially related to the former representation, the lawyer may proceed without consent unless…
Can a lawyer's engagement agreement require a corporate client to indemnify the lawyer against civil claims by a nonclient, like an investigated employee?
Yes. The opinion concludes a lawyer may include an engagement provision in which the client agrees to indemnify the lawyer against independent civil claims by a nonclient (here, an investigated…
Can a lawyer who is a public employee take part in a lawful labor strike against the government agency that employs them?
Yes, qualified. The opinion concludes nothing in the rules bars a public-employee lawyer from a lawful strike, but the lawyer must avoid neglecting client matters (by giving adequate advance notice…
Can a lawyer who used to work in the state appellate public defender's office take postconviction appeals alleging ineffective assistance by that office's lawyers?
Generally yes, with qualifications. The opinion concludes the lawyer may take such appeals, but a personal-interest conflict under Oregon RPC 1.7(a)(2) arises if loyalty to former colleagues would…
In a juvenile dependency case, when can a parent's lawyer ask for a guardian ad litem, and must the lawyer follow the guardian's directions afterward?
The opinion concludes a parent's lawyer should seek a guardian ad litem only when the client consistently cannot act in their own interests; a lawyer acting as a guardian ad litem performs a…
In a workers' compensation case, can a lawyer contact the opposing side's expert witness directly, and is notice to opposing counsel required?
Yes. No conduct rule bars contacting an opposing expert in a workers' compensation proceeding, and the broad discovery policy permits it without prior notice to opposing counsel, though the lawyer…
When a contingent-fee settlement is paid in installments, can the lawyer take more than the agreed percentage out of the early payments?
No. The opinion concludes that, absent a contrary agreement, a lawyer must take only the agreed prorated percentage from each settlement installment, because charging more than the client agreed to…
If a lawyer sends past clients periodic reminders about deadlines like patent maintenance fees or lease renewals, are those people current clients for conflict purposes?
They may be. The opinion concludes that, absent a clear written statement that no continuing relationship exists, recipients of periodic docket reminders can reasonably believe the lawyer-client…
Can a lawyer keep a cushion of personal funds in the client trust account to prevent an overdraft notice to the bar from a bookkeeping or bank error?
No. Oregon RPC 1.15-1(b) lets a lawyer place personal funds in a trust account only to cover bank charges or minimum balances, and only in necessary amounts, so a 'cushion' to avoid overdraft…
Can a lawyer contact jurors after the verdict to ask what they thought of the case or to look for grounds for appeal?
No. Oregon and federal court rules generally bar a lawyer from initiating contact with jurors about a case they were sworn to try, and violating those rules also violates Oregon RPC 3.5(c)(1), so…
Can a lawyer have a sexual relationship with a client during the representation, and can a lawyer represent someone with whom the lawyer already had a sexual relationship?
A lawyer may not begin sexual relations with a current client during the representation. A lawyer may continue a sexual relationship that existed before the representation, but only if the resulting…
Can a part-time deputy district attorney take private clients in matters connected to cases the office is prosecuting?
No, while still in office. The opinion concludes a deputy DA may not represent a private party in a civil matter involving substantially the same controversy as a pending prosecution, under ORS…
Can a prosecutor threaten to file more serious charges if a defendant refuses a plea offer or files pretrial motions?
Yes, qualified. The opinion concludes that threatening charges already supported by probable cause as part of plea negotiations facilitates the administration of justice and does not by itself…
Does a legal aid program create a conflict when it screens applicants and refers them to a pro bono panel lawyer, even if the opposing party was already referred to another panel lawyer?
Generally no. The opinion concludes that intake information gathered by a legal aid screener is protected, but screening can prevent it from disqualifying the program's other lawyers and the pro…
Can a lawyer partner with a nonlawyer to sell a web-based, automated legal information system without assisting the unauthorized practice of law?
Yes. The opinion concludes that an automated, web-based system that asks users stored questions and returns stored legal information or forms, with a clear notice that no human interaction is…
Must a lawyer who works only as an arbitrator or mediator deposit advance fees in a lawyer trust account, even though no client relationship exists?
Yes. Advance fees a lawyer receives while serving as an arbitrator or mediator are not client property because there is no lawyer-client relationship, but they are 'property of third persons,' which…
Can a county counsel's office communicate ex parte with, and prepare draft findings for, a county land-use hearing officer it helped hire?
Yes, qualified. Ex parte communication between county counsel and the planning division, hearing officer, or commissioners is not improper if authorized by ordinance or other law, by extension of…
In a civil case, can a lawyer contact the opposing side's fact witnesses or retained expert without notice, and can the lawyer try to persuade a witness not to testify?
A lawyer may contact unrepresented adverse fact witnesses without notice. Contacting a retained adverse expert is barred in federal civil litigation, where the discovery rules limit it, but is not…
In a state criminal case, may a prosecutor or a defense lawyer contact the other side's designated expert witness about the subject of the expert's anticipated testimony?
Yes, for both. No professional-conduct rule directly governs contacting an opposing testifying witness, so the question turns on the criminal-discovery statutes, which favor access to witnesses and…
Can an Oregon lawyer charge a contingent fee in a divorce, support, or cohabitant property case?
Usually no. The opinion concludes Oregon RPC 1.5(c) bars a contingent fee whose payment or amount turns on securing a divorce or on the amount of support or property settlement, and it applies that…
Can a personal-injury lawyer charge a contingent fee that is calculated in part on the recovery of uncontested PIP benefits?
Yes, qualified. A contingent fee may include the recovery of PIP benefits as long as the lawyer's entire fee for the matter, both the PIP and non-PIP portions, is not clearly excessive or…
Can a district attorney offer a plea bargain conditioned on the defendant waiving civil remedies against the arresting officers or resolving a related civil forfeiture?
Yes, qualified. Because the criminal charges are already pending, the offer is not a threat to present charges under RPC 3.4(g), and a simultaneous-settlement offer is not per se prejudicial to the…
Can a lawyer advise and represent a client in bankruptcy when the client owes the lawyer substantial fees that the bankruptcy would discharge?
Yes, qualified. The discharge of the lawyer's own fees creates a personal-interest conflict under RPC 1.7(a)(2), so the lawyer may advise and represent the client only with informed consent…
Can a lawyer represent a criminal defendant when a former client of the lawyer will testify as an expert witness for the prosecution?
No, qualified. A lawyer is not barred merely because a former client testifies adversely, but here the lawyer learned of the former client's wrongdoing during the earlier representation, making the…
When can an Oregon lawyer take a new case against a former client, and what counts as the same or a substantially related matter?
Not without consent. The opinion concludes that under Oregon RPC 1.9 a lawyer may not act against a former client in the same or a substantially related matter without each affected client's…
Can a lawyer produce and sell general legal-information audio or video recordings to the public with non-lawyer partners, and put the lawyer's name and practice area on them?
Yes: producing and marketing general legal-information tapes is not the practice of law, so RPC 5.5 and 5.4 do not bar the lawyer from joining with non-lawyers or sharing profits, and the lawyer may…
Can a criminal-defense lawyer take possession of stolen property to return it, accept a retainer that may be the fruits of a crime, or take custody of a client's murder weapon?
A lawyer may help return stolen property to its owner absent an unlawful purpose, and may accept a retainer unless the lawyer knows the funds are the fruits of a crime; but a lawyer may not accept…
Can a lawyer reveal confidential client information to defend against a former client's malpractice claim in a fee dispute or to answer a bar complaint about the representation?
Yes: RPC 1.6(b)(4) lets a lawyer reveal information relating to the representation to the extent reasonably necessary for self-defense, including to establish a claim or defense in a controversy…
Can an Oregon lawyer stop working on a client's lawsuit until the client pays overdue legal fees?
Not unilaterally. The opinion concludes a lawyer may seek the court's leave to withdraw for nonpayment under Oregon RPC 1.16, but if the court refuses leave, the lawyer must continue to represent…
Could an Illinois family judge serve on a nonprofit board promoting responsible fatherhood?
Yes, on the stated facts, because the group did not advocate in court, take political positions, solicit through the judge, or interfere with judicial duties; the former Code’s other restrictions…
Could an Illinois judge personally request money or administrative help for a judicial education organization?
No. The Committee treated requests for labor or office equipment as direct financial solicitation, alongside cash requests, and barred both under former Rule 64C.
May an Illinois judge explain court procedures to groups of children who may testify?
Yes, if the program remains general, is open to all potential child witnesses, and excludes case-specific discussion or rehearsal of testimony.
May a judge remain on a religious foundation board that limits membership by denomination and provide it legal advice?
Nebraska Judicial Ethics Opinion 05-3 allowed continued board service despite the denomination requirement, provided the foundation did not frequently litigate before the court; the judge could not…
What ethical duties apply when a California lawyer learns that a former client has been designated as an opposing party's expert witness in a current case?
Whether the lawyer can take or continue the representation depends on whether the lawyer holds confidential information from the former client that is material to the new matter. The opinion…
Do an unrelated old prosecution, complaints by a litigant, remote former employment and firm ties, and an unsupported investigation allegation disqualify a judge?
No on the submitted facts. The Commission assessed each asserted ground and their combined effect, finding no reasonable question about the judge’s impartiality.
Must a judge recuse from a juvenile probation case when the judge’s spouse represented the school board about the underlying suspension incident?
Yes on the stated facts. The Commission found the juvenile could reasonably question impartiality because the spouse had acted as school board counsel regarding the underlying incident.
Can a North Carolina lawyer threaten to report an opposing party or witness to immigration authorities to gain leverage in settling a civil case?
No. The opinion concludes that a lawyer may not threaten to report an opposing party or witness's undocumented immigration status to immigration authorities in order to gain an advantage in civil…
When a North Carolina lawyer represents the buyer in a residential closing, can the lawyer prepare the deed for an unrepresented seller without becoming the seller's lawyer?
Yes, with disclosures. The opinion concludes a buyer's lawyer may prepare the deed as an accommodation to her client without representing the seller, provided she first tells the seller that she…
May a municipal judge lease a personally owned warehouse to a drug task force whose officers appear in the judge's court?
The committee concluded that the judge should not lease the warehouse to the task force. The lease would create an apparent continuing business relationship with police officers whose department…
As court-appointed defense counsel, can I give the court a detailed fee statement describing the records I reviewed, my research topics, and whom I contacted, to get paid?
Only with the defendant's informed consent. The Committee concludes the detailed statement reveals confidential information under Rule 1.05, so an appointed lawyer may submit a general description…
Can a D.C. lawyer offer unbundled (limited-scope) legal services, such as drafting documents for a client who otherwise proceeds pro se?
The opinion concludes that unbundled (limited-scope) legal services are permissible under Rule 1.2(c), so long as the client is fully informed of the limits on the scope of the representation and…
Can a lawyer who represents one spouse in a settlement advise the other, non-client spouse about signing the release?
The opinion concludes that the lawyer may not give the non-client spouse legal advice about waiving rights in a release unless both the client and the spouse agree to joint representation and waive…
Can a lawyer agree to handle only a discrete task for a client, and must the lawyer tell the court when it has ghostwritten or limited its help?
The opinion concludes a lawyer may agree to limit representation to a specific, discrete task under ER 1.2(c) if the limitation is reasonable and the client consents, provided the lawyer has enough…
What must a lawyer do after learning that false evidence was put before a tribunal because a client lied, in a civil case?
The opinion concludes that the duty of candor to the tribunal overrides the duty to protect a (former) client's confidences, so the lawyer must take reasonable remedial measures to undo the effect…
What must a lawyer do to keep electronic client files confidential and safe from hacking, viruses, or loss?
The opinion concludes that ER 1.6 and ER 1.1 require a lawyer to act competently to safeguard client information. Storing client information electronically, on internet-connected systems or not, is…
Can an Arizona lawyer advertise that the lawyer is listed in The Best Lawyers in America?
Under ER 7.1, an Arizona lawyer may truthfully advertise a listing in The Best Lawyers in America if the ad identifies the listing year and specialty. The opinion does not address other publications…
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.