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 represent another lawyer in one matter while the two of them are on opposite sides for other clients, and does that conflict spread to their firms?
The opinion concluded that two lawyers may have a lawyer-client relationship while opposing each other for third-party clients only if neither lawyer's representation of his own client would be materi…
If a lawyer represents one government agency, can she or her firm also represent a private client against a different agency of the same government in an unrelated matter?
The opinion concluded that a lawyer may not simultaneously oppose her own government client without informed consent, but she may represent a private party against another government entity in the sam…
If a lawyer goes inactive in D.C. but stays active in other states, can his letterhead still list him as admitted to the D.C. Bar?
The opinion concluded that a lawyer who becomes an inactive member of the D.C. Bar, while remaining active elsewhere, cannot list himself as 'Admitted to N.J., P.A. and D.C. bars' on letterhead and bu…
Can a retired lawyer be 'of counsel' to two different law firms at the same time, and what conflicts result?
The opinion concluded that a retired attorney may serve as 'of counsel' to two firms formed by former partners if the lawyer maintains a continuing, close, regular, and personal relationship with each…
A year ago I represented Marina A in a dock dispute on its south side. Now a long-time client wants permits for a new marina on Marina A's north side, and Marina A objects. Is that a conflict?
The panel concluded that the two matters were not substantially related, because the prior representation concerned only a south-side dock dispute while the new matter concerned a north-side pier and …
I used to represent a police union and some of its members in grievances. Now the ousted police chief wants me to handle his removal appeal, and union members will testify against him. Is that a conflict?
The panel concluded there was no conflict precluding the representation, because none of the fifteen misconduct allegations against the chief was the same or substantially related to the lawyer's prio…
Opposing counsel says I can't represent the wife in this divorce because I once gave her a refrigerator and drafted a family partnership that included both spouses. Do either of those create a conflict?
The panel concluded there was no conflict: drafting the family partnership was intermediary work for common clients under Rule 2.2, the partnership interests were not marital assets and not substantia…
As a former city solicitor, can I sue that city for a former employee on a matter I never handled? And can I represent a different city while my of-counsel affiliate is that city's solicitor and I have clients suing that city?
The panel concluded that the former solicitor could represent the employee against City A, because the lawyer did not participate in the matter as solicitor under Rule 1.11(a) and it was not substanti…
I want to run a separate import-export and resort business out of my law office, staffed by my firm's office manager and paralegal, and some people may be clients of both. Is that allowed?
The panel concluded that the arrangement is permissible provided the lawyer and the firm's employees adhere to the Rules of Professional Conduct, particularly those on client confidentiality, conflict…
When a child in an abuse or neglect case has a guardian ad litem and an attorney advocate, can opposing lawyers, the prosecutor, or DSS interview the child without the advocate's consent?
No. A child represented by an attorney advocate is a represented person, so the mother's lawyer, the district attorney, and the DSS attorney all need the advocate's consent before interviewing the chi…
Can a North Carolina lawyer who co-owns a mortgage brokerage certify title or act as settlement agent on a loan the brokerage placed?
No. A lawyer with a financial interest in the mortgage broker that placed the loan cannot certify title or act as settlement agent, because the interest in earning the brokerage fee conflicts with the…
How should a North Carolina lawyer handle fee payments received by electronic transfer or credit card when the bank can deposit them into only one account?
Because the bank cannot split a transfer between earned and unearned fees, all electronic-transfer payments should go into the trust account, with earned fees withdrawn promptly. The lawyer may pass t…
Does a North Carolina lawyer owe confidentiality to a would-be client the lawyer interviewed but declined to represent, and can the lawyer later take a case adverse to that person?
Yes, the duty of confidentiality can attach to a consultation even when the lawyer declines the representation. A lawyer who learned confidential information from a would-be client may not later repre…
After a joint personal injury representation ends and the file goes to one client's new lawyer, can the other former co-client get access to copy it?
Yes. Each jointly represented client is entitled to access the legal file after the representation ends and must be given a reasonable chance to copy it at her own expense, but the lawyer must not dis…
Can a North Carolina closing lawyer represent the buyer, seller, and lender together in a residential real estate closing, and what must the lawyer do if a conflict develops?
Yes, common representation is permitted once the parties have agreed to the basic terms and their interests are generally aligned, if the lawyer can act impartially and gets each party's consent after…
Can a lawyer form a partnership with a non-lawyer to provide government-relations and lobbying services without practicing other law?
The opinion concluded not while the lawyer remains on the active roll, because lobbying is the kind of service lawyers typically provide and so counts as the practice of law; the partnership is permis…
How do the ethics rules apply to a lawyer's website, email with clients, and answering legal questions in online chat rooms?
The opinion concluded that a law firm website is a communication subject to the advertising rules (ER 7.1-7.5), that Arizona lawyers must follow Arizona's rules for electronic communications under ER …
Can a lawyer threaten or raise the possibility of criminal charges against the opposing party to gain an advantage in a civil case?
The opinion concluded a lawyer may use the possibility of criminal charges to gain relief in a civil matter if the criminal matter is related to the civil claim, the lawyer reasonably believes both ar…
Does a matrimonial lawyer have to get a signed retainer agreement and give the client-rights statement before charging for an initial consultation?
The opinion concluded that a matrimonial lawyer need not obtain a signed retainer agreement before charging for a consultation, as long as the fee is not excessive and is disclosed in advance, but mus…
If a junior lawyer discovers that the supervising lawyer faked correspondence to a client, must she tell the client and report the supervisor, even after she quits?
The opinion concluded that a subordinate lawyer who learned the employing lawyer had sent the client copies of letters purportedly written on the client's behalf, but never actually sent, has a duty t…
Can a Maine lawyer charge a contingent fee in a post-divorce proceeding to enforce the property division set out in the divorce decree?
The opinion concluded yes; Bar Rule 8(c)'s bans on contingent fees for procuring a divorce and where a fee method is set by statute do not reach a proceeding to enforce an already-decreed property div…
My firm runs and funds a foreign government's legal aid office for its nationals in Texas. Can we contact those nationals to solicit them, and can the office take a matter we're conflicted out of?
The Committee concluded the firm and the legal aid office may contact the foreign nationals as a 'qualified non-profit organization' under the DR 7.03(a) solicitation exception, but may not accept fee…
In Kentucky, may a lawyer who serves as a part-time hearing examiner for a city Human Rights Commission still represent clients before that Commission in unrelated cases?
Yes. The opinion concluded the lawyer may continue to represent clients before the Commission in matters unrelated to those in which the lawyer participated as hearing examiner, by analogy to a part-t…
In Kentucky, will the KBA Ethics Committee decide motions to disqualify counsel that are referred to it by the courts?
No. The opinion concluded the Committee has no authority to hold hearings or resolve disputed facts and that no rule provides for referring disqualification motions to it; judges decide those motions …
In Kentucky, may lawyers who are not in the same firm practice under a common name like 'Able, Baker, Charles & Dilbert, An Association of Attorneys'?
No. The opinion concluded that lawyers in separate firms may not use a common or umbrella firm name, because it misrepresents that they are one firm; a short association subtitle does not cure the mis…
In Kentucky, may a lawyer hold a client's file as security in a fee dispute?
Qualified no. The opinion concluded Kentucky law recognizes no retaining lien, so under KRPC 1.16(d) a lawyer must surrender the client's file (except true work product) on termination, even if duplic…
What should a lawyer do with leftover trust-account funds when the owner cannot be identified?
The opinion concluded that when a lawyer holds excess trust-account funds whose ownership cannot be determined after reasonable efforts, an unrebutted presumption treats them as client funds, and the …
Can a lawyer keep representing a client against a city after the lawyer's spouse is elected to that city's commission?
The opinion concluded that the lawyer may continue the representation if the lawyer reasonably believes it will not be adversely affected and the client consents after consultation; if a disqualifying…
Can a lawyer agree to pay the attorney's fees and costs assessed against the client under the offer-of-judgment statute if the client loses?
The opinion concluded that an attorney could not ethically agree to pay fees and costs assessed to a client under the offer-of-judgment statute, because doing so would be prejudicial to the administra…
Can Ohio lawyers practice under a common trade name licensed through a nationwide law-firm franchise?
The opinion concluded that Ohio attorneys may not practice law under a common trade name franchised to attorneys across the nation, because it uses a prohibited trade name, implies a partnership that …
Can a lawyer practice in more than one law firm at the same time?
Yes, with conditions. Georgia FAO 97-2 concluded a lawyer may practice in more than one firm if the firms have different ownership, the public and clients are clearly informed, and each firm follows t…
For years, a colleague at my firm defended B for B's insurer while I pursued A's indemnity claim against B. B's case has settled and I've now sued B for A. B says I have a conflict. Can I continue?
The panel concluded that the lawyer was precluded under Rule 1.7(b) from continuing to represent A and advised withdrawal, because the firm had concurrently represented A and B, adverse parties, witho…
I'm suing Jones Company for my client. A colleague at my firm, unaware of my case, represented a bank lending to Jones and got Jones's financials. Do I have to withdraw?
The panel concluded there was no conflict of interest requiring withdrawal, because the firm colleague represented the lender rather than Jones Company and the representation of the client was not mat…
Can a former judge represent a party on a child-support matter where, as judge, the lawyer issued the support order at issue?
The opinion concluded that the former judge may not represent a party in a matter in which the lawyer participated personally and substantially as a judge unless all parties consent after consultation…
If both spouses separately contacted a lawyer's office about a divorce, can the lawyer still represent one of them?
The opinion concluded the lawyer may represent either party unless she obtained a material confidence or secret from the adverse party, disclosed in good faith; in domestic cases even the fact of the …
Can a North Carolina firm use an intake form disclaiming any client-lawyer relationship during a free consultation, then represent the consulting person's spouse against him?
No. A signed form purporting to disclaim a client-lawyer relationship during a free consultation does not let the firm later represent the opposing party. It is also unethical to stage consultations t…
Can a North Carolina prosecutor threaten to use the office's power to calendar criminal cases to pressure a defendant into accepting a plea bargain?
No. Threatening to use the calendaring power to delay a defendant's trial in order to coerce a plea is prejudicial to the administration of justice. A lawyer who overhears it need not report an isolat…
Must a North Carolina lawyer's introductory letter to newly formed corporations carry the 'advertisement for legal services' label, and may the firm offer business consulting?
Yes. A targeted direct-mail letter soliciting employment must state 'This is an advertisement for legal services.' A lawyer may also provide business consulting as a firm service, but the conduct rule…
Can a North Carolina lawyer pay to be listed in a national internet directory of lawyers, and what must the listing say about licensure and specialty?
Yes, if the listing is truthful and not misleading. To avoid misleading out-of-state users, it should state the jurisdictions where the lawyer is licensed and the location of the principal office, and…
Can a North Carolina lawyer represent an accident client only on the personal injury claim and leave her to handle the property damage claim herself?
Yes, if the limited representation will not adversely affect the personal injury claim and the client consents after full disclosure. Because the lawyer's representation letter consents to contact abo…
Can a North Carolina lawyer issue subpoenas to witnesses or records custodians when no action is pending or no hearing is scheduled, to get them to appear or produce documents?
No. Using a subpoena to mislead a witness or custodian about whether a lawsuit is pending, whether a hearing is scheduled, or the lawyer's authority to compel production is deceptive and improper. A s…
What should a North Carolina state appellate lawyer do when a represented criminal defendant writes directly asking for advice on removing his own appellate counsel?
The lawyer for the state should not communicate directly with the represented defendant. The lawyer should send copies of the letters to the defendant's appellate counsel, and may send the defendant a…
If an accused person calls a lawyer for help turning himself in, can the lawyer give police the client's phone number or whereabouts?
No. Information an accused gives a lawyer in an initial telephone conference, where the lawyer agrees to represent him, is confidential under Rule 1.6, even against a request from law enforcement seek…
What must a Utah lawyer do with trust funds held for a client the lawyer cannot locate?
The opinion said the lawyer must first secure the funds in trust, make reasonable diligent efforts to find the client, and if the client still cannot be found, hold the funds and ultimately follow Uta…
Can a lawyer advise non-English-speaking clients through a non-lawyer interpreter and offer consultations over a 1-900 pay-per-call telephone number?
The opinion concluded that a lawyer may use a non-lawyer interpreter to communicate legal advice (and must do so when needed) so long as the lawyer supervises the interpreter to keep them from giving …
If a lawyer receives a confidential letter that the opposing party's own client mailed without their lawyer's knowledge, must the lawyer notify the opposing counsel?
The opinion concluded the receiving lawyer has no ethical obligation to notify the opponent when the opposing party's own client intentionally sent the confidential material, especially over the clien…
When a corporation's lawyer interviews employees in an internal investigation, does the lawyer represent the employees, and what must the lawyer tell them?
The opinion concluded that a lawyer retained to conduct a corporate internal investigation represents the corporation only, not its constituents, so interviewed officers and employees have no confiden…
Can a Maine lawyer or firm argue opposite sides of the same legal issue for two clients in separate, unrelated cases?
The opinion concluded that an issue (positional) conflict, standing alone, is not a conflict of interest under Maine Bar Rule 3.4(b)(1); Maine declined to follow ABA Formal Op. 93-377.
My personal injury plaintiff died and the estate's beneficiary wants me to settle. Do I have to tell the defendants and the court about the death before accepting a settlement offer?
The panel concluded that the Rules require the lawyer to inform both the defendants and the court of the plaintiff's death, because failing to disclose the death to the adversary is equivalent to a fa…
Can a collections lawyer pay a percentage of recoveries to a third-party software/electronic-network company that connects the firm with creditor clients?
Yes. The opinion concluded that paying a national attorney network a 3% fee for software licensing and electronic data transfer is not fee-splitting with a non-lawyer and is not a prohibited for-profi…
Can salaried in-house insurance company lawyers hold themselves out as a private law firm under their own names?
No. The opinion concluded that salaried in-house insurance company lawyers may not hold themselves out as a separate law firm under their surnames, because doing so misrepresents their insurance compa…
After the only lawyer who handled a client's matter leaves the firm, can the firm take on a substantially related matter against that former client?
The committee concluded that once the lawyer who represented the former client left the firm, the firm could represent an adverse interest in a substantially related matter so long as no remaining law…
Can a law firm donate court-awarded fees from pro bono cases back to the non-profit organization that referred those cases?
The committee concluded that a firm could not donate court-awarded pro bono fees to a referring non-profit that was not a qualified legal assistance organization, because the donation fell within the …
If a lawyer drew up loan documents for sellers as a courtesy while representing the bank, can the lawyer later sue those sellers for the bank on their guarantee?
The committee concluded that, having prepared the deed, note, and second mortgage for the owners as part of one financing transaction, the lawyer ought not represent the bank in a deficiency suit agai…
If a would-be client briefly calls a lawyer and is immediately referred elsewhere, is the lawyer barred from later representing a longtime client the caller sues?
The committee concluded no attorney-client relationship arose from the brief screening call (no fee, no retainer, no documents, no confidences shared, and an immediate referral), so neither Rule 1.7(a…
Can a lawyer who, as a non-attorney family-court clerk's employee, once helped get a bench warrant against a delinquent father now represent the mother seeking his child-support arrearage?
The committee concluded the lawyer may represent the mother, because his prior government participation (locating the father and giving a description for a bench warrant) was personal but not substant…
Can a lawyer pay a fact witness, including one who happens to be an attorney, more than the statutory subpoena fee for the time spent testifying?
The committee concluded that, to the extent paying a witness more than the statutory subpoena fee is legally permissible, there is no ethical prohibition on compensating a fact witness for time lost t…
Can a lawyer who works part-time as a special prosecutor represent civil plaintiffs against a tortfeasor the same solicitor's office is prosecuting, and does resigning cure the conflict?
The committee concluded that, while serving, the part-time special prosecutor should not represent a civil party against a defendant the solicitor's office is prosecuting, because access to the office…
Can lawyers who are personal friends of a judge sponsor or attend a baby shower for the judge and give baby gifts?
The committee concluded lawyers may take part in a social event honoring a judge friend, and give a gift, so long as the participation or gift is not intended (and does not appear intended) to influen…
Can a lawyer mail business cards to accident victims and others learned about through the news, and what must the mailing say?
The committee concluded that targeted solicitation of accident victims and similar people in distress was usually barred because they may be unable to exercise reasonable judgment in hiring a lawyer, …
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.