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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May a lawyer represent a father in paternity and a grandparent in a related visitation matter?
Yes, while their interests are not adverse. The opinion says materially adverse interests may require withdrawal from both representations.
May a lawyer turn a deceased client’s file over to the estate’s personal representative or the representative’s lawyer?
The opinion bars disclosure without a court order after confidentiality is fully presented, unless the client gave express consent. It excepts an actual will the lawyer considers valid and a recorded deed.
May a lawyer sue a client for unpaid legal fees and disclose representation information to establish the claim?
Yes. The opinion permits a fee-collection suit and allows disclosure of information obtained during the representation only to the extent reasonably necessary to establish the claim under Rule 4-1.6(b)(2).
May a part time judge mention a judicial appointment in a press release for a new private law practice?
The Committee prohibited mentioning the appointment in a promotional press release for the judge’s law practice, while distinguishing an unsolicited reporter question.
When a lawyer or staff member notarizes a client's document, how must the lawyer keep the next signer from seeing the prior client entries in the notarial journal?
If a journal entry contains protected client information, the lawyer must prohibit, and have staff prohibit, later signers from viewing it, for example by covering prior names and signatures or by…
Must a lawyer report another lawyer's ethics violation, and can the lawyer report it when the information came from representing a client who objects?
No, where the knowledge is protected by RPC 1.6 or ORS 9.460(3) and no exception applies: RPC 8.3 does not require (or permit) disclosure of confidential client information. Otherwise the duty to…
Can a lawyer represent a buyer or seller in a real estate deal in which the lawyer's spouse is the broker earning a commission?
Qualified yes: because the spouse-broker is not the lawyer's client there is no client-client conflict, but the lawyer must assess whether interests in or duties to the spouse create a…
Can a lawyer at a firm that represents a corporation also serve as the corporation's officer, director, or shareholder, and is the conflict imputed to the whole firm?
Qualified yes: a lawyer may serve as an officer, director, or shareholder of a corporate client, but where there is a significant risk the dual role will materially limit the representation the…
Can an Oregon lawyer contact jurors after a trial has ended?
This opinion no longer states current guidance. Oregon State Bar Formal Opinion 2005-9 has been superseded and replaced by OSB Formal Opinion 2005-143, which is the operative opinion on…
Can a prosecutor make the decision to prosecute conditional on the complaining witness agreeing not to civilly compromise the case, and can the prosecutor instead suggest a civil compromise?
No to the first, yes to the second: conditioning prosecution on a witness's promise not to enter a statutory civil compromise is conduct prejudicial to the administration of justice under RPC…
Can one lawyer represent both spouses together in a joint bankruptcy, in preparing their wills, and in their divorce?
The opinion concludes joint representation in a bankruptcy or wills is usually permissible with informed written consent because spouses' interests are typically aligned, but representing both…
Can one lawyer represent more than one defendant in the same criminal case?
The opinion concludes usually no: in most criminal joint representations the lawyer would have to advance one client's interest (such as a plea deal to testify against the other) while opposing it…
Can a lawyer give a second opinion to someone already represented by another lawyer, and may the lawyer tell that other lawyer about the request?
The opinion concludes a lawyer approached for a second opinion may give it without the other lawyer's consent because the no-contact rule does not apply to a prospective client who seeks the lawyer…
In a suit against a company, can the opposing lawyer interview the company's current or former employees without defense counsel's permission, and ask what they told the company's lawyers?
The opinion concludes a current employee is off-limits without consent only if they are management or their conduct is at issue; former employees who are not separately represented may be contacted…
Can a lawyer take part in a church-organized prepaid legal plan for its members, and contact non-members in person at the church's request to support the church's causes?
The opinion concludes a lawyer may join a statute-compliant prepaid plan paid for by a church and may solicit non-members the church identifies, as long as the church does not direct the lawyer's…
Can a lawyer who first reviewed coverage for an insurer then defend both the insurer and the insured in the underlying lawsuit under a reservation of rights?
The opinion concludes the lawyer may, but because the prior coverage work creates a significant risk of materially limiting the defense of the insured, the lawyer must reasonably believe both…
Can a lawyer accept client referrals from friends and clients and send them a small thank-you gift without it counting as paying for referrals?
The opinion concludes a lawyer may accept such referrals and may give nominal thank-you gifts, as long as the gifts are tokens of appreciation and not payment given in exchange for or in…
Can a lawyer represent two clients in a chain of debt, a creditor of a seller and the buyer being sued by that seller, when one client may only be paid if the other loses?
The opinion concludes it depends on the facts: there is no conflict if the middle party can pay the creditor regardless of the outcome, a waivable conflict if payment is doubtful, and a direct,…
When a lawyer leaves one firm for another, can the lawyer tell clients before notifying the old firm, take the client files, and solicit those clients for the new firm?
The opinion concludes a departing lawyer may take the files of clients who request it (absent a valid firm lien) and may solicit former clients subject to the advertising and solicitation rules, but…
Can a lawyer who is also a state legislator take a fee from a client to push legislation that benefits the client?
No. The opinion concludes a lawyer-legislator may not accept a fee to seek legislation for a client, because the arrangement is bribe-giving and bribe-receiving under Oregon law and is barred by RPC…
When a lawyer represents both an insurer and its insured, can the lawyer forward all settlement funds to the insurer and let the insurer decide how to split subrogation and the insured's uninsured losses?
The opinion concludes the lawyer may not, because the settlement funds belong to both clients; the lawyer must keep disputed sums separate and either hold them until the clients agree or interplead…
Can a lawyer who sits on a legal aid society's board represent a client opposing someone represented by one of the legal aid society's own staff lawyers?
The opinion concludes the board-member lawyer and the legal aid staff lawyer may each represent their respective clients in the same matter, because in the ordinary case the board role does not…
Can a lawyer list nonlawyer staff, such as an office manager or legal assistant, by name and title on the firm's letterhead?
The opinion concludes a lawyer may list nonlawyer personnel and their positions on firm letterhead as long as the listing is not false or misleading, for example by implying the staff are lawyers.
Can an Oregon lawyer contact the opposing party directly, or have a client or investigator do it, when that party has a lawyer?
No. The opinion concludes Oregon RPC 4.2 bars a lawyer from communicating about the matter with a represented opposing party, or causing a client, investigator, or adjuster to do so, without the…
Can a lawyer appear in advertising for an outside business, like a bank board the lawyer sits on?
Yes. The opinion concludes a lawyer who sits on a bank's board may let the bank use the lawyer's photograph in its advertisements, absent some reason to believe the photos would be used in a false…
Can a lawyer serve as the escrow agent in a deal where the lawyer also represents one of the parties?
No. The opinion concludes a lawyer may be a neutral escrow agent only when the lawyer represents none of the parties; a lawyer for a party cannot also be the neutral escrow, though the lawyer may…
Can a lawyer who represents a trade association also become a dues-paying member of that association?
Yes, qualified. The opinion concludes a lawyer may join a trade-association client as an associate member unless the membership materially limits the lawyer's judgment without the client's written…
Can two Oregon lawyers who share office space represent opposing parties in the same lawsuit?
Yes, qualified. The opinion concludes office sharers may represent opposing parties if they do not hold out as one firm, keep their files separate, and protect each other's client confidences; if…
What must an Oregon lawyer do with money held in trust for a client the lawyer can no longer locate?
The opinion holds the lawyer must keep the funds safeguarded in trust, use reasonable diligence to find the client, and, once the funds are presumed abandoned under Oregon's unclaimed-property act,…
Can a defense lawyer condition a settlement on the plaintiff's lawyer promising never to sue the defendant again?
No. The opinion concludes that conditioning a settlement on the plaintiff's lawyer agreeing not to sue the defendant in the future is a restriction on the lawyer's right to practice barred by RPC…
Is an employee covered by a prepaid group legal-services plan automatically a client of the plan's law firm?
No. The opinion concludes a plan beneficiary is not per se a current client of the firm; the firm may oppose one covered employee on behalf of another it actually represents, because mere…
Can one part-time nonlawyer work for two Oregon firms that are on opposite sides of matters?
Yes, qualified. The opinion concludes that, unlike a shared lawyer (whose dual employment would create a non-waivable firm conflict), a shared nonlawyer is governed by RPC 5.3: dual employment is…
Before filing suit, can an Oregon lawyer (or an investigator) contact a prospective defendant, take an affidavit, and negotiate a settlement?
Yes, qualified. The opinion concludes that because the lawyer does not know the prospective defendant is represented, RPC 4.2 is not triggered, so the lawyer or an investigator may speak to them,…
In an Oregon bankruptcy, can a lawyer represent the debtor and the debtor's creditors at once, or represent two creditors of the same debtor?
No to representing the debtor and that debtor's creditors together in the bankruptcy (a non-waivable conflict), but the lawyer may represent the debtor alone while keeping the creditors on unrelated…
Can an Oregon lawyer advance a litigation client's living expenses, post bail, or pay the lawyer's own investigation costs?
It depends on the advance. The opinion concludes advancing living expenses risks a conflict under RPC 1.7(a)(2) and is allowed only as modest gifts to indigent clients under RPC 1.8(e)(3); advancing…
Can a lawyer who sometimes serves as a pro tem judge, and the lawyer's partner, keep representing clients before other judges of that same court?
Yes, qualified. The opinion concludes the lawyer and partner may continue such representation without special disclosure or consent where there is no significant risk that the pro tem service…
Can an Oregon lawyer represent both the issuer and the underwriter on the same municipal bond issue?
No. The opinion concludes that simultaneously representing the issuer and the underwriter in the same bond transaction is a non-consentable current-client conflict under RPC 1.7, because the lawyer…
Can an Oregon lawyer send thank-you cards to clients and referral sources, or host an open house for clients and nonclients?
Yes, qualified. The opinion concludes thank-you cards to clients and referral sources are constitutionally protected and need not be treated as advertising, and a lawyer may host an open house but…
Can a part-time judge's or legislator's private law office answer the phone as 'Judge ___'s office' or 'Senator ___'s office'?
No. The opinion concludes that answering a private law office's public phone by referring to the lawyer's judicial or legislative title is a false or misleading communication and improperly implies…
Can an Oregon lawyer paid by an insurer represent both the insurer and the insured in a subrogation action against a third party?
Yes, qualified. The opinion concludes the lawyer may represent both where their interests do not appear to diverge, so long as the insured gives informed consent to the insurer paying the fee under…
Can an Oregon lawyer write a newspaper legal column, answer readers' legal questions, and speak to community groups about the law?
Yes, qualified. The opinion concludes a lawyer may write a legal column, answer readers' questions, appear on radio or television, and speak to groups, provided the communications are not false or…
Can an Oregon law firm make associates or departing partners sign a covenant not to compete or pay a penalty for taking firm clients?
No. Oregon RPC 5.6(a) bars agreements that restrict a lawyer's right to practice after leaving, and lawyers may not require a withdrawing lawyer to pay a penalty for competing; a firm may, however,…
Can an Oregon lawyer represent both the birth mother and the adopting parents in an adoption, or just the adopting parents when the lawyer formerly represented the birth mother?
No to joint representation, because the parties' interests are necessarily opposed and consent cannot cure it; yes to representing only the adopting parents, qualified, if the prior matter for the…
Can a suspended or disbarred Oregon lawyer be paid for work done before the discipline, and can the successor lawyer split a contingent fee with that lawyer?
Yes, qualified. The suspended or disbarred lawyer may collect an ethically appropriate fee for pre-discipline work, and the successor may forward that earned portion, but may not share any fee for…
Can a retired Oregon lawyer donate old client files to an archive, or share a former client's confidences with that client's new lawyer?
No to both, qualified. Absent the affected client's informed consent or another RPC 1.6 exception, a retired lawyer may not give files containing confidential information to an educational…
Can an Oregon lawyer file a complaint against a defendant who has a valid affirmative defense the defendant may not have discovered?
Yes, qualified. As long as the claim has a basis in law and fact that is not frivolous under Oregon RPC 3.1, the lawyer may file it; it is up to the defendant or the defendant's counsel to discover…
Can an Oregon lawyer agree to send clients to a nonlawyer business in exchange for that business referring customers back to the lawyer?
No. The opinion concludes a reciprocal client-referral arrangement with a nonlawyer business violates Oregon RPC 7.2 and 5.4(e), but a plain office-sharing arrangement with a nonlawyer that involves…
Can an Oregon lawyer claim the same items of damages in two separate lawsuits from two accidents when it is unclear which accident caused which injury?
Yes as to pleading the same damages in both complaints, because causation is unclear; but once a damage item has been paid by one defendant, the lawyer may not pursue clearly duplicative recovery…
Can a lawyer join a business-networking club that requires members to exchange referrals as a condition of membership?
No. The opinion concludes a lawyer may not participate in a networking association whose purpose and membership condition is the reciprocal exchange of business referrals, because a referral is a…
Is a public defender office treated as a law firm for conflicts, so that one lawyer's former-client conflict disqualifies the whole office, and does it change when the lawyer leaves?
Yes. A public defender organization is a firm under Oregon RPC 1.0(d), so a lawyer's former-client conflict under Oregon RPC 1.9 is imputed to the whole office under Oregon RPC 1.10(a) and cannot be…
If a lawyer attends a single court call covering four clients' cases in one hour, can the lawyer bill each client the full hour under an hourly fee agreement?
No, qualified. Under straight hourly billing the lawyer cannot bill more than one client for the same time; billing four clients a full hour each for one hour of work bills more time than worked,…
Can a law firm keep a retired partner's name in the firm name and list the retired partner on letterhead as a mediator, and can that partner consult for the firm without malpractice-fund coverage?
Yes. The opinion concludes a firm may keep a retired former partner's name in the firm name and list the partner as available solely as a mediator if true and not misleading; the partner may also…
Can an Oregon lawyer own and run a for-profit lawyer-referral service, and can that service give legal advice while screening callers?
A lawyer may own and manage a for-profit lawyer-referral service, qualified: the service must not practice law or help the lawyer-owner violate the rules, and the owner should avoid personally…
Does a law-firm website disclaimer that an 'attorney-client relationship' or 'confidential relationship' is not formed defeat a visitor's reasonable expectation that information typed into the firm's intake form will be kept confidential?
Per California Formal Opinion 2005-168, no. A bare disclaimer that no attorney-client or 'confidential relationship' is formed does not defeat the visitor's reasonable belief that the consultation…
If one party to a mediation hides a material asset and tells the lawyer-mediator to conceal it, can the mediator finish the mediation, and can the mediator tell the other party?
No to both completing the mediation and disclosing the fraud. The opinion concludes the lawyer-mediator must withdraw rather than complete a mediation built on a party's concealment, may make a…
Can an insurance defense lawyer agree in advance to follow an insurer's litigation billing and management guidelines without regard to how they affect the insured?
No. The opinion concludes a lawyer may not commit in advance to comply with insurer litigation guidelines without regard to their effect on the insured; the lawyer must review the guidelines case by…
Can a lawyer view an opposing represented party's public website and send messages through it during litigation?
Viewing an adverse party's public website is permitted, like reading anything published for the public. Sending internet messages, however, is treated like written contact under Oregon RPC 4.2, so…
Can a criminal defense lawyer contact the complaining witness directly to suggest a civil compromise of the charges?
Yes. The opinion concludes a defense lawyer may contact a complaining witness to suggest a civil compromise, because the witness is not represented by the district attorney, so Oregon RPC 4.2 is not…
Can a government lawyer advise an agency investigator to contact a represented licensee, and may the lawyer warn the licensee's attorney about the contact?
The opinion concludes an assistant attorney general may advise an agency investigator about contacting a represented licensee directly (the agency, as a party, may contact another party even though…
Can an Oregon lawyer give advice or a recommendation to an unrepresented opposing person, like an adverse driver or a grand-jury witness?
No. The opinion concludes that even when RPC 4.2 does not apply because the person is not known to be represented, Oregon RPC 4.3 bars a lawyer from giving legal advice (other than to get counsel)…
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.