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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In Kentucky, may a lawyer present to the court a child-support agreement that deviates below the guidelines when the client receives public assistance?
No. The opinion concluded that because KRS 403.211(3) bars any deviation from the child-support guidelines when a parent receives public assistance, the lawyer may not counsel or assist the client in …
In Kentucky, must a lawyer pay a third party who provided services on a client's case, and must the lawyer honor a third party's claim to client funds the lawyer holds?
The opinion concluded a lawyer is ethically obligated to pay a provider the lawyer hired without disclaiming personal liability, but is otherwise not an insurer of third-party claims; when a third par…
In Kentucky, which current employees of a represented organization may an adverse lawyer interview without the organization's counsel's consent?
The opinion concluded that under Rule 4.2 a lawyer may not contact, without consent, a current managerial employee or any employee whose act or omission may be imputed to the organization or whose sta…
In Kentucky, may a lawyer adverse to a represented organization interview an unrepresented former employee of that organization without the organization's counsel's consent?
Yes. The opinion concluded that Rule 4.2 does not bar ex parte contact with a represented organization's former employees, because a former employee no longer speaks for or is controlled by the organi…
When a lawyer asks another lawyer for advice through a bar consultation network, what confidentiality and conflict duties arise between the two lawyers?
The consulting lawyer must get client consent before revealing confidences or secrets, the consulted lawyer must keep the consultation confidential even though no attorney-client relationship forms, a…
Must a Michigan judge whose spouse is a supervising assistant prosecutor recuse when the prosecutor's office appears, and can the judge offer a waiver?
The judge must disclose the relationship, the appearing prosecutor must disclose whether the spouse participated personally and substantially, and the judge is recused unless the parties voluntarily a…
Can an Ohio judge accept a free (waived registration) invitation to a trial lawyers association CLE seminar, and must it be reported?
The opinion concluded that a judge may accept a waived registration fee to attend a trial lawyers association seminar under the Code of Judicial Conduct and Ohio Ethics Law; the gift need not be repor…
Can an Ohio lawyer use a fee agreement that lets the lawyer pick, after settlement, whichever is larger between the hourly fee and a one-third contingent fee?
The opinion concluded that a fee agreement letting the lawyer choose, after settlement, the larger of an hourly fee or a one-third contingent fee is improper under DR 2-106 because it is not based on …
Can an Ohio lawyer pay a non-profit organization (other than a bar association) a percentage of the legal fee earned from a client it referred?
The opinion concluded that paying a non-profit organization other than a bar association a percentage of the legal fee from a referred client is improper, as it is not a usual and reasonable fee under…
Can our firm's in-house CPA testify as an expert witness in a case the firm is handling?
The Committee concluded that a lawyer who uses an in-house accountant as a testifying expert in the firm's own case violates Rules 5.03, 3.08, and 1.05, unless the accountant's testimony is of the sam…
Can our corporation's in-house lawyer be loaned to provide legal services to a joint venture we're part of, without a conflict or unauthorized-practice problem?
The Committee concluded that an in-house lawyer loaned to a joint venture may represent it despite the potential Rule 1.06 conflict if the lawyer reasonably believes neither representation will be mat…
In Kentucky, can a lawyer charge a non-refundable retainer, and when must an advance fee be held in the lawyer's trust account?
A retainer may be labeled non-refundable, but the label is not conclusive on whether the fee is reasonable; a valid non-refundable retainer must be explained and put in a signed written agreement, and…
Can independent lawyers sharing offices advertise as 'The Law Offices at X Square,' and when can lawyers or firms call themselves 'of counsel,' 'associated,' or 'affiliated' with each other?
The opinion concluded an unaffiliated group may not advertise under a trade name like 'The Law Offices at X Square,' but a firm may be of counsel to another firm or to individuals, and firms may descr…
Can a New York lawyer practice through an LLC or LLP to limit personal liability for the malpractice of partners the lawyer did not supervise?
The opinion concluded yes; practicing through an LLC or LLP to limit a lawyer's vicarious liability for others' malpractice does not violate the rule against prospectively limiting one's own liability…
Can a New York firm open a same-named firm in another state, let a name partner be of counsel to one firm while a name partner in the other, and keep his name in the New York firm's name?
The opinion concluded yes to all three, provided the arrangement is not intended to mislead and does not mislead: partners may form a same-named firm in another jurisdiction, a lawyer may be of counse…
Can a law firm represent clients before a public board if a lawyer who sits on that board is 'of counsel' to the firm, where the board member abstains from the firm's matters?
No. A firm whose of-counsel lawyer sits on a public board may not represent clients in matters before that board, and the board member's abstention does not cure the conflict.
What must a lawyer do with privileged documents an opponent produced by mistake, and is the disclosing lawyer in trouble?
The opinion concluded that a lawyer who receives privileged documents bearing no sign of confidentiality and reads them in good faith before learning of the mistake commits no ethics violation in keep…
After serving as a party's partisan member of a mediation panel, can the lawyer represent that party in later litigation on the same matter?
Only with all parties' consent; a lawyer who acted as a partisan mediator on a panel may not later represent the selecting party in subsequent litigation on the same or a substantially related matter …
Can a Maine lawyer put a binding fee-arbitration clause in the retainer, and can it override the client's right to bar-run fee arbitration?
The opinion concluded a clause that would block the client from invoking Rule 9 bar arbitration is improper, but a clause requiring arbitration while preserving the client's option to use Rule 9 is pe…
Can a divorce lawyer take a contingent referral fee for sending the client's separate civil-rights claim to another lawyer?
The opinion concluded the referral fee is permissible because the civil-rights claim is separate from procuring the divorce, but only if the lawyer meets the strict disclosure, fairness, and written-c…
Can a lawyer form a partnership with a non-lawyer in a firm that offers only mediation services?
The opinion concluded yes; because mediation creates no lawyer-client relationship it is not the practice of law under the no-partnership rule, so neither the partnership nor the fee-splitting it invo…
I took over a PI case, settled it, and the client says don't pay the doctor, but the doctor produces a medical lien the prior lawyer signed that wasn't in my file. What do I do with the money?
The panel concluded that placing the disputed funds in escrow complied with Rule 1.15, and that because prior counsel and the client had signed a lien creating the physician's reliance, the disputed p…
Someone came to me for an unrelated matter and hasn't paid yet, and I saw in the paper he's behind on child support. Can I report what I know to the state agency?
The panel concluded that an attorney-client relationship existed despite the unpaid fee, so the client's name, address, and phone number learned at the initial conference were confidential under Rule …
My firm does lender work and I want to add closings representing both lender and borrower with consent. What if I later have to foreclose for a lender against a borrower I represented on the purchase?
The panel advised the lawyer to follow the criteria of Rule 2.2 for acting as an intermediary between clients, and held that if and when a conflict arises between lender and borrower, the lawyer must …
I want to mail realtors an ad offering title searches and a 'closing cost coupon' crediting buyers they refer to me. Does that comply with the advertising rules?
The panel concluded that the mailing would comply if 'advertisement' appears in larger type on the letter, envelopes, and coupons and a copy goes to Disciplinary Counsel within 48 hours, but it declin…
I represented a birthmother in an adoption where everyone agreed the adoptive parents would stay anonymous. She now wants her whole file, which names them. Can I redact or withhold those identities?
The panel concluded that although Rule 1.17(d) obligates the attorney to surrender the client's papers on termination, because all parties, including the birthmother, agreed the prospective and actual…
When is an 'of counsel' lawyer treated as part of the firm so the fee-division rules don't apply?
The opinion concluded that an 'of counsel' lawyer is in the same firm for fee-division purposes only if the lawyer practices through that firm exclusively; a referral to an 'of counsel' lawyer with an…
Can a law firm run a mediation department under a separate trade name and list nonlawyer mediators on its letterhead?
The opinion concluded that a firm may operate a mediation department but must run it under the Rules of Professional Conduct: nonlawyer mediators may not own part of the firm or department, the advert…
Can a lawyer threaten to file a bar grievance against opposing counsel to gain an advantage in a civil case?
The opinion concluded that, under most circumstances, it is ethically impermissible to threaten a fellow bar member with a disciplinary complaint; where the lawyer is required to report misconduct, th…
Can a lawyer communicate directly with a party who is litigating pro se but is represented by counsel only in a related matter?
The opinion concluded that opposing counsel may communicate with a pro se individual about the litigation in which that person is unrepresented, even though the person has a lawyer in a related matter…
Can a government legal-aid lawyer let a nonlawyer supervisor have free access to client files so the supervisor can collect demographic data about the clients the office serves?
The opinion concluded that a lawyer may disclose client-file information to a nonlawyer supervisor when the disclosure helps carry out the representation, but if it does not, disclosure requires the c…
Can a corporation rent out its in-house lawyers to other clients at a markup, or take a cut of a statutory fee award won by its in-house counsel, above what the lawyer cost the company?
The opinion concluded that an in-house lawyer who provides services to third parties for a fee, or who recovers a statutory fee award, violates Model Rule 5.4(a) by turning over to the corporate emplo…
Can a former judge who returns to practicing law keep using the title 'Judge' or 'The Honorable' on letterhead, in pleadings, on the phone, or in the courtroom?
The opinion concluded that a former judge who returns to the practice of law may not continue to use the titles 'Judge' or 'The Honorable' in connection with the practice, because doing so is a mislea…
If a represented criminal defendant approaches the prosecutor directly, claims his lawyer serves others' interests, and offers to cooperate in secret, may the prosecutor deal with him?
No. The opinion concluded the prosecutor may not communicate with or accept cooperation from a defendant known to be represented, but should advise him of his right to counsel of his choice and may ha…
After a client dies, can the lawyer give the client's siblings copies of the client's earlier wills, or only to the estate's personal representative?
Only to the personal representative. The opinion concluded the duty of confidentiality survives death, so the lawyer may disclose a deceased client's confidential information to the estate's personal …
Can a North Carolina lawyer charge another lawyer a referral fee, set it as a percentage or flat amount, and how much must the client be told?
Yes, if the fee-division rule is met: the client is advised of and does not object to all lawyers' participation, each lawyer assumes joint responsibility (or the split is proportional), and the total…
If a client admits he lied under oath in a verified complaint and deposition, is dismissing the case enough, or must the lawyer do more after the client perjured himself?
Dismissal is not enough. The opinion concluded the lawyer must call on the client to rectify the fraud by letting the lawyer disclose the false statements to opposing counsel, and must withdraw if the…
In a domestic case, can a lawyer secure an unpaid fee with a deed of trust on the client's real property, including property that is the subject of the litigation?
Yes, if the transaction is fair to the client. The opinion concluded a deed of trust securing fees is not the kind of proprietary interest in the litigation the conflict rule forbids, even on the prop…
Can a lawyer give a collection agency a share of the recovery for nonlegal help, or pay forwarding lawyers and agencies a referral fee?
No to both. The opinion concluded that paying a collection agency a percentage of the recovery is improper fee-splitting with a nonlawyer under Rule 5.4(a), and referral fees are barred except for per…
If a lawyer's depression or post-traumatic stress makes it hard to handle cases, must the lawyer withdraw, and can the cases go back to the former firm?
The opinion concluded that a lawyer whose mental condition materially impairs the ability to represent a client must withdraw under Rule 1.16(a)(2); once the lawyer withdraws, the client may retain ot…
Can a lawyer report another lawyer's misconduct that the lawyer learned through a client's confidential information?
The opinion concluded that if the information about another lawyer's misconduct is a confidence or secret protected by MRPC 1.6, the lawyer may not report it to the Attorney Grievance Commission witho…
Can married lawyers be opposing counsel, can one's firm oppose the other when that firm member is not on the case, and can a judge married to a firm member preside?
No, yes, no. The opinion concluded that married lawyers may not directly oppose each other without client consent under Rule 1.8(i), that the disqualification is not imputed to their firms, but that a…
Can an Ohio judge write letters of recommendation for law school applicants, the judge's law clerks, or candidates for a federal judgeship?
The opinion concluded that a judge may recommend a law school applicant, a law clerk seeking attorney employment, or an individual seeking a federal judgeship when the judge has firsthand knowledge of…
Can Ohio judges accept a free set of the entire Revised Code from a publisher that does business with the court?
The opinion concluded that a court, justice, or judge may not accept a year's complimentary use of casebound editions of the entire Revised Code from a publisher that does business with the court, bec…
Must a new Ohio judge recuse from cases argued by a former law partner while still collecting the old firm's accounts receivable?
The opinion concluded that a newly elected judge should disqualify from cases advocated by a former law partner while receiving income from the former partnership's accounts receivable; no fixed time …
Can a former chancellor in private practice represent a party in later contempt or modification proceedings in a case the chancellor decided on the bench?
The opinion concluded that under Rule 1.12(a) a former chancellor may not represent a party in subsequent contempt or modification proceedings, including in non-contested or no-fault divorces, where t…
A lawyer holds a small settlement for a now-incompetent client who can't sign the required release. What must the lawyer do with the funds, and must they earn interest?
The opinion concluded the lawyer must hold the funds and pursue a valid release (or a court deposit or agreement to dispense with one), and that if the funds are likely to be held a year or more, the …
Must a lawyer report a former partner who neglected matters and mishandled client and firm funds, and what if the lawyer believes the partner is mentally impaired?
The opinion concluded the lawyer must report a former partner to disciplinary authorities on knowledge of a pattern of neglect or the mismanagement or conversion of client or firm funds, subject to pr…
Can a severance agreement require departing in-house counsel to keep company information confidential without violating the rule against restricting a lawyer's practice?
Yes. The opinion concluded that confidentiality provisions in a departing in-house lawyer's severance agreement do not impermissibly restrict the right to practice under ER 5.6, as long as they merely…
Can a California-licensed lawyer represent Nevada clients before the bi-state Tahoe Regional Planning Agency?
The Committee concluded that because the Tahoe Regional Planning Agency is a bi-state agency created by an interstate compact and is not subject to either state's attorney-licensing rules, a Californi…
Can an indigent-defense contract require defense counsel to report a client's financial eligibility information to the court without violating confidentiality?
The opinion concluded the contract term is permissible if 'probative of guilt or innocence' is read to cover any charge, so privileged communications stay protected while non-privileged secrets and fr…
When a client is too emotionally unstable to assist in the case or make decisions, can the lawyer seek a guardian and disclose the client's condition to the court?
The opinion concluded that, under Rule 1.14, a lawyer may seek appointment of a guardian or take other protective action when the lawyer reasonably believes the client cannot adequately act in the cli…
I finished evaluating a client's malpractice claim and found it wasn't viable, but now I can't reach the client and my mail came back. What are my obligations?
The panel pointed to its General Information Opinion #6, which addresses a lawyer's obligation to exercise diligent efforts both to locate a missing client and to protect the client's interests.
I'm representing a husband in his divorce, and his current wife says I represented her in a divorce years ago. She objects. Can I stay in the case?
The panel concluded that the prior and current divorces were substantially related and the wife's interests were materially adverse to the husband's, so under Rule 1.9 the attorney may not continue re…
A judgment was entered against my client, who then moved. Opposing counsel says they'll collect but hasn't asked me for the new address. Do I have to volunteer it?
The panel concluded that because opposing counsel had not asked for the address, the attorney did not have to volunteer it, since the information is protected under Rule 1.6; but the attorney should k…
I referred a client to another lawyer. Do I get a share of all the fees that lawyer earns from the client, or only from the first case I referred?
The panel did not fix a first-case-only limit; it held that any division of a fee between lawyers in different firms is permitted only if it is proportional to the services performed or set by written…
I represent a corporation and gave one 50% shareholder some general advice. He left and kept his stock. Can I keep representing the company and the other shareholder in buying him out?
The panel concluded that under Rule 1.13(e) the lawyer may continue to represent the corporation and Stockholder B in the buyout, but subject to Rule 1.7 the lawyer must obtain Stockholder A's consent…
I'm a part-time lawyer and also a town's full-time police officer and prosecutor. Can I defend criminal defendants and practice in the Administrative Adjudication Court?
The panel concluded that the lawyer may represent criminal defendants so long as neither responsibilities to other clients nor the lawyer's own interests materially limit the representation under Rule…
Can I pay a referral fee to the lawyer who sent me the case if he did no work on it and there's no written fee-sharing agreement with the client?
The panel concluded that paying any portion of the fee to the referring attorney would violate Rule 1.5(e), because the referring attorney performed no services, there was no written agreement with th…
I think a paralegal at a law firm is passing himself off as a lawyer. Do I have to report it, and who is responsible for supervising him?
The panel explained that Rule 8.3 requires reporting lawyer misconduct, so if the firm's supervising lawyers' conduct rose to a Rule 8.3 violation the inquiring attorney was obligated to report it; th…
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.