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 personal injury lawyer give medical lienholders an accounting of how settlement proceeds were disbursed?
Yes. The opinion concludes that a lawyer does not violate the confidentiality rule by providing medical lienholders the accounting that N.C.G.S. 44-50.1 requires, because Rule 1.6(b)(1) permits…
Can a lawyer file a lawsuit for a client when the statute of limitations on the claim has already run?
Yes. The opinion concludes that filing a time-barred claim is not frivolous under Rule 3.1, because the statute of limitations is a waivable affirmative defense that does not strip the court of…
Can a lawyer who takes over a Social Security claim from a nonlawyer representative pay that nonlawyer a share of the fee for prior work?
Yes. The opinion concludes that a lawyer who takes over a Social Security claimant's case from a nonlawyer representative may compensate the nonlawyer for work actually performed, even out of the…
Can a Florida lawyer buy a deceased attorney's practice from the estate and tie the installment payments to future collections?
Yes. A lawyer may purchase a law practice from a deceased attorney's estate and agree to reduce the annual installment payments if the firm's collections fall below an agreed amount in future years.
Can a lawyer take a referral fee from a financial advisor for sending clients, or refer clients to the lawyer's own side business?
A lawyer may accept a referral fee from a nonlawyer securities dealer only if the referral is in the client's best interest, the lawyer fully discloses and obtains the client's informed written…
Can an Alaska lawyer withhold an expert or investigator's report from the client because the client has not paid for it?
Not if withholding would prejudice the client. The opinion treats an expert or investigator's report as part of the client's file, so the lawyer's interest in getting paid is subordinate to the…
Can a criminal defense lawyer post bail, or arrange a bond, for their own client?
Only rarely. The opinion concludes there is no per se ban, but posting or guaranteeing a client's bond usually creates a personal-interest conflict under Rule 1.7 that bars the representation unless…
What did withdrawn Maryland Opinion 2003-26 say about a recalled retired judge’s title in private ADR work?
This withdrawn opinion rejected use of retired judicial status on private ADR decisions and related letterhead. Opinion 2008-14 later withdrew it after a Canon 4F revision, so its historical holding…
Can a Georgia lawyer take a referral fee from a financial adviser for sending clients to that adviser?
Only with great care. Under Georgia FAO 03-3, such a solicitation agreement is ethically and legally perilous; at a minimum Rule 1.7 requires written disclosure and informed consent to the lawyer's…
Must a criminal-defense lawyer give a former client a copy of the pre-sentence report from the file when the client asks for it to pursue habeas relief?
The opinion concludes that a pre-sentence report is part of the client's file under Rule 1.16(e), not an internal document the lawyer may withhold, so the lawyer must provide it on request, subject…
In a Kentucky criminal case, can a lawyer use a subpoena to pull a witness in for an out-of-court statement, or to have documents 'certified' and sent straight to the lawyer, without notice to opposing counsel?
No to both. The opinion concluded a lawyer may not use a criminal subpoena to compel a witness and then divert them to an extrajudicial statement, nor to obtain documents directly without required…
Can a lawyer take client referrals from a mortgage lender and act like the client's loan broker in exchange for cross-referrals?
The committee said the arrangement might violate RPC 7.2(c) because a reciprocal referral deal with a nonlawyer lender would be giving something of value for referrals, and it might also implicate…
Can one lawyer serve as in-house counsel for several unrelated corporations at the same time?
The committee said yes: a lawyer may serve as in-house counsel for more than one unrelated corporation, treating each as a separate client, so long as no corporation profits by 'renting out' the…
Can a family-law attorney serve both sides as a neutral 'settlement lawyer' or intermediary to help pro se parties reach a resolution?
The committee said a lawyer acting as a true intermediary does not appear to violate RPC 2.2 if she strictly follows that rule: she must tell both parties she is acting only as an intermediary,…
After a name change from divorce, can a lawyer keep using her prior name professionally and in the firm name while using a different name personally?
The committee said a lawyer who takes a new name on a change of marital status is not prohibited from continuing to use her prior name in her professional capacity, including in the firm name, as…
Can a lawyer be disciplined for committing a crime, like illegally re-importing prescription drugs, that has nothing to do with practicing law?
The committee said re-importing prescription drugs from Canada violates federal law, but a criminal act violates RPC 8.4(b) only if it reflects adversely on the lawyer's honesty, trustworthiness, or…
Can a firm represent a new client against a former client when the new matter involves a different property and unrelated facts?
The committee said RPC 1.9 did not bar the representation, because the former construction-defect matter and the new encroachment claim were not the same or substantially related. The firm remained…
Can a lawyer sign a newspaper contract committing to a volume of legal advertising in exchange for lower rates or free firm advertising?
The committee said both a volume-commitment discount and a 'value added' free-advertising program implicate RPC 1.7(b) and 1.8(a), because the lawyer's pecuniary interest in placing legal notices…
Does a prosecutor have to disclose a romantic relationship with a law enforcement officer who may be a witness in the prosecutor's cases?
The committee said disclosure is not required while the officer is not involved in any of the prosecutor's cases, but once the officer may be an arresting or investigating witness, the prosecutor…
Can a Washington lawyer cite an unpublished Court of Appeals opinion to a trial court as precedential authority?
The committee said citing an unpublished opinion does not appear to be a per se violation of the Rules of Professional Conduct, but such citations should be made only after considering RPC 3.1…
Can a law firm put a link on its website to an independent lawyer-rating company's ratings of the firm?
The committee said a link to an independent lawyer-rating company's ratings does not appear to violate RPC 7.1, as long as the ratings are not false or misleading and the lawyer ensures all website…
Can a lawyer go in-house at a marketing company and be paid a salary plus company shares to serve the company's customers?
The committee said no. Being paid a salary plus shares (or share options) by a marketing company to provide legal services to that company's customers would share the lawyer's fees with a nonlawyer…
Can a lawyer with a religious objection to interest-bearing accounts hold client funds in a non-interest-bearing account instead?
The committee said no. RPC 1.14 contains no exception for lawyers with a religious objection to using interest-bearing accounts, so a lawyer may not place client funds in a non-interest-bearing…
Can a lawyer assert an attorney's lien on bail money the client's father posted?
The committee said it does not decide whether an attorney's lien may properly be asserted against the bail funds, because it does not opine on questions of law. It did say that the false assertion…
Are advance (blanket) conflict-waiver clauses in a fee agreement effective in Washington?
The committee said the Board of Governors has taken no position on promulgating an advance-waiver form, and it offered no opinion on what to include in a fee agreement. On the merits it said an…
Can a lawyer accept regular client referrals from a financial-services company without sharing fees with it?
The committee said yes. Accepting frequent estate-planning referrals from a financial-services company that is an occasional client does not by itself violate RPC 1.4(b) or 1.7(b) where there is no…
Can a prosecutor's office keep employing a lawyer who is being suspended or disbarred, even in a non-lawyer position?
The committee said no. RPC 5.5(d) prohibits a lawyer from maintaining a law office shared with, or practicing under any compensation arrangement or in cooperation with, a person who is disbarred,…
Can a lawyer advertise that they serve as a 'Judge Pro Tem'?
The committee said yes, as long as the 'Judge Pro Tem' designation is accurate. Using an accurate 'Judge Pro Tem' title in advertising does not violate the Rules of Professional Conduct, and the…
Can an estate-planning law firm set up a separate company to sell investment products to its own clients?
The committee said that on the facts presented the arrangement would be prohibited. A firm could establish a separate investment-advisory business only by fully complying with RPC 1.5, 1.6, 1.7,…
After serving as an elected mayor, when can a lawyer represent clients in matters involving the same municipality?
The committee said RPC 1.11 governs. Under 1.11(a) the lawyer is disqualified (absent the government employer's consent) from a matter in which the lawyer participated personally and substantially…
Can a lawyer own and run an escrow business alongside a law practice?
The committee said yes. A lawyer may provide non-legal services, such as operating an escrow business, in the course of a law practice, but those services remain subject to the Rules of Professional…
Can a lawyer join a commercial networking group that requires members to give each other referrals?
The committee declined to reconsider Informal Opinion 1975 and reaffirmed that joining a commercial networking organization with mandatory referral requirements violates RPC 7.2, because requiring…
Can a law firm put a membership organization's logo on its letterhead?
The committee said yes. A firm may use a membership organization's logo on its letterhead as long as the use is truthful and not misleading; RPC 7.1 bars false or misleading communications and RPC…
Are non-refundable fees subject to the reasonableness requirement, and when is reasonableness measured?
The committee concluded that non-refundable fees are subject to both the reasonableness requirement of RPC 1.5 and the refund requirements of the termination rule (then RPC 1.15, now RPC 1.16).…
Can a Missouri governmental entity waive a conflict for contract counsel representing a client adverse to another part of the same government?
The opinion says a governmental entity may waive such a conflict, but the legal question of who can authorize the waiver is outside the opinion’s scope. Without waiver, it treats adversity to any…
Must a lawyer keep copies after returning the original file to a client?
The opinion says the lawyer need not keep file copies after return or consented disposal, but must keep records of funds and other property for five years under the then-current Rule 4-1.15(a).
May a lawyer who represented a stepfather in divorce later represent a paternity claimant seeking visitation with the stepchildren?
Only if the stepfather consents. The opinion finds the divorce and paternity facts substantially related under Rule 4-1.9(a), even though the divorce decree did not decide custody.
May a lawyer who represented the wife in a dismissed dissolution case later represent the husband in a new dissolution?
Only if the wife consents. The opinion applies Rule 4-1.9(a) to the lawyer’s former representation of her despite dismissal of the first case.
Could a lawyer pay a qualified bar referral service ten percent under the rule discussed in this 2004 opinion?
Yes. The opinion considers the ten-percent fee reasonable under then-current Rule 4-10.1(e) and permits participation and payment.
Can the parties in a will contest waive a deceased client’s confidentiality so the drafting lawyer can testify?
No. The opinion says the litigants lack standing to waive confidentiality. The lawyer may disclose the information under a limited and specific court order after confidentiality is fully presented.
Does the opinion decide whether lawyers may pass withheld Social Security fees to a nonlawyer-owned claims company?
No. The opinion identifies a possible unauthorized-practice issue and refers the lawyer to two Missouri cases; it does not decide the proposed fee transfer.
May a lawyer who witnessed an accident advocate for the plaintiff in the resulting trial?
The opinion permits trial advocacy if the lawyer does not expect to be a necessary witness. If testimony becomes necessary, the judge decides whether the hardship exception applies; inconsistent…
May a lawyer give a family member a copy of a deceased client’s will when it has not been filed in probate?
The opinion permits a copy after evidence of death if the lawyer has no reason to think the will was revoked and the recipient intends to bring it to the probate court. It bars disclosure of other…
May a title company refer document-drafting customers to a lawyer it employs in a nonlawyer role?
The opinion says direct referrals to that lawyer would be prohibited in-person solicitation under Rule 4-7.3(b). The company may give several lawyer names, and the lawyer may separately take the…
Can a California private law firm use a trade name (like 'Workers' Compensation Relief Center') or a current/former governmental title in its name, letterhead, or business cards?
Per California Formal Opinion 2004-167, an attorney may not use a firm trade name or professional designation that implies, or tends to confuse the public into believing, a connection with a…
Can a California lawyer post in an Internet chat room dedicated to victims of a recent mass disaster to offer her services?
Per California Formal Opinion 2004-166, the attorney's communication is not a prohibited 'solicitation' under former Rule 1-400(B) because the rule's 'in person or by telephone' bright-line does not…
What ethical duties does a California lawyer owe when hiring an outside contract attorney to make court appearances, and what duties does the contract attorney owe to the hiring lawyer's client?
Per California Formal Opinion 2004-165, the hiring lawyer must disclose the contract attorney's involvement when it is a significant development under former Rule 3-500 and Business and Professions…
Could a part-time district judge keep working for Legal Aid, and could Legal Aid colleagues appear before her?
The Committee said Legal Aid employment itself did not violate the Code, but appearances by its employees should disqualify the judge, and those employees should not practice in her court or its…
When may a lawyer represent both a corporation and its officers or employees in a government investigation?
There is no per se bar, but the joint representation is permissible only if a disinterested lawyer would conclude it serves both the company's and the constituent's interests under DR 5-105(C), both…
What ethical duties does a lawyer owe when representing a plaintiff class in a class action?
The lawyer needs individual clients' informed consent to assert class claims; owes competence, diligence, and confidentiality to absent class members; needs the class lawyer's or court's consent…
Under Nebraska's former ethics code, when could a lawyer speak at a sponsor's public seminar or entertain people to generate estate-planning business?
The 2004 opinion permitted educational seminars under four safeguards but prohibited socially entertaining nonlawyers while directly soliciting estate-planning clients or referrals.
Can a South Carolina law office be staffed only by SC-licensed associates who report to partners not licensed in South Carolina?
Yes. A South Carolina lawyer may practice under the supervision of a partner not licensed in South Carolina, but the associate must comply fully with the South Carolina Rules; Rule 5.2's safe harbor…
What must a public defender do when assigned a caseload far larger than national standards recommend?
A public defender may not carry a caseload that forces violations of the duties of competence, diligence, and communication; national caseload numbers are a factor but not determinative, and a…
Can a lawyer run a law office and a separate non-law business the lawyer owns from the same office, sharing a receptionist and open-cubicle staff space?
Yes, a lawyer may run a law practice and a separately owned business from the same location, but the lawyer remains bound by the Rules of Professional Conduct; the opinion warns that a shared…
Can a firm defend a workers' comp claim when one of its associates already helped the claimant plan the same claim, and would screening or consent cure it?
No. Where an associate had an ongoing personal relationship with the claimant and actively helped plan the claimant's strategy on the same matter, the resulting conflict is imputed to the whole firm…
May a Nebraska firm whose partner is a part-time county attorney represent landowners against the state in condemnation matters?
No under the 2004 opinion. The county attorney's duty to the state created a conflict imputed to the firm in condemnation matters statewide, including an award appeal and a future action involving a…
Can a multi-state firm's South Carolina office display business cards of firm lawyers not licensed in South Carolina that show the South Carolina address?
No, not without a disclaimer. The South Carolina office may not display the cards of its non-South Carolina lawyers showing the South Carolina address unless the cards state the lawyer is not…
Can a lawyer who served as guardian ad litem in a child-custody case later represent one side in a new custody dispute over a sibling?
No. The new representation is substantially related to the lawyer's prior guardian ad litem role, so Rule 1.9 bars it, and the lawyer would also be a necessary witness, which Rule 3.7 prohibits.
Can a lawyer send a client to consult an opposing professional just to create a conflict and get that person disqualified from the case?
No. A lawyer may not advise a client to consult with another lawyer for the purpose of creating a conflict of interest. The committee viewed engineering a disqualification through a sham…
Can a law firm use a descriptive website address that names its field of practice, like bankruptcylawyer.com?
Yes, as long as the address is not false or misleading. A descriptive URL controlled by South Carolina lawyers is permissible if it complies with the trade-name and advertising rules (7.5, 7.1, 7.4)…
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.