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 plaintiff's counsel communicate directly with an insurance adjuster after a lawyer has appeared for the insured?
The committee was of the opinion that RPC 4.2 would not prohibit plaintiff's counsel from communicating directly with an insurance adjuster unless that adjuster were independently represented by couns…
Can a law firm share fees with a lawyer who was later disbarred, including on contingent-fee cases?
The committee was of the opinion that anything legally earned by the disbarred lawyer before the date of suspension or disbarment, whichever came first, could properly be distributed, and that on cont…
Can a lawyer who once represented an insurer's insured later sue a different person insured by that same insurer?
The committee was of the opinion that if the lawyer never represented the insurer and holds no confidences or secrets about it, the Washington RPCs do not bar representing a client against a party it …
Can a legal services program accept third-party funding that bars it from raising certain claims, pursuing class actions, or appearing before legislatures, and what does it owe clients when funding is cut?
The committee was of the opinion that a legal services program must notify clients and seek to withdraw when funding cuts prevent competent representation, and that third-party funding restrictions ar…
Can a for-profit service solicit bids from law firms on behalf of its business clients?
The committee was of the opinion that a proposed for-profit service organization that would solicit bids from law firms on behalf of its business clients would violate RPC 7.2(c).
Can a lawyer collect on claims owned by a collection-agency client without running into the rule against fee splitting?
The committee was of the opinion that as long as it is clear the lawyer is collecting on claims owned by the client and the fee agreement complies with RPC 1.5, there is no fee-splitting problem and t…
What must a law firm do when it discovers a former shareholder or employee stole client funds?
The committee was of the opinion that under RPC 8.3(a) the firm should promptly report the misconduct (though the rule's 'should' makes reporting non-mandatory), and that under RPC 1.4(b) it had a dut…
Can a lawyer representing buyers in real estate deals be paid through real estate broker fees?
Based on the facts presented, the committee could find no violation of the Rules of Professional Conduct in the lawyer's proposed representation, while declining to opine on whether the lawyer needed …
Can a lawyer also work as an insurance broker?
The committee's published summary states that a lawyer may also engage in business as an insurance broker but must be careful to distinguish between the obligations of each profession.
Can a lawyer agree to have translators screen and refer clients and share the initial consultation fee?
The committee was of the opinion that the proposed agreement, under which two translators would screen clients, set an initial fee agreement, refer them to the lawyer, and share an initial consultatio…
Can a law firm represent clients adverse to a city when one of the firm's lawyers serves on the city council?
The committee was of the opinion that because there is no attorney-client relationship with the city council, RPC 1.7(a) does not apply, but RPC 1.7(b) always applies and may require client consent af…
Can a fee agreement tell the client the lawyer has the right to withdraw from the case at any time?
The committee was of the opinion that a clause stating the lawyer has the right to withdraw could be misleading and may not comply with RPC 1.15, because withdrawal may be subject to relevant law or c…
Can a lawyer pay a paralegal out of court-awarded attorney's fees without violating the rule against fee splitting with a nonlawyer?
The committee was of the opinion that the arrangement does not violate RPC 5.4(a) if the nonlawyer is paid on an hourly basis and not as a fractional or percentage share of the attorney's fees, and it…
Can a law firm whose lawyers all practice tax law call itself 'Tax Attorneys' on its letterhead and business cards?
The committee was of the opinion that the Rules of Professional Conduct do not prohibit a firm whose attorneys all practice tax law from using the words 'Tax Attorneys' in its communications, provided…
Can a law firm give the title 'principal' to an employee-lawyer who has no ownership interest in the firm?
The committee was of the opinion that there is nothing inherently wrong with using the term 'principal' this way and that it will not violate RPC 7.5(d), but it may have the capacity to mislead the pu…
Can a lawyer offer to represent someone for free at first and then ask for a retainer the next day?
The committee was of the opinion that, depending on the circumstances, the conduct may be permissible, but it is prohibited by RPC 7.3(a) if motivated by pecuniary gain, representation may be barred b…
Can a lawyer offer a service that just helps pro se divorce litigants fill out their court forms?
The committee was of the opinion that providing such a form-completion service is the practice of law and that the proposal is fraught with violations of the Rules of Professional Conduct.
Does a prosecutor have a conflict of interest when investigating a police officer the prosecutor works with?
The committee was of the opinion that the employment relationship alone does not create an attorney-client relationship, so there is no inherent conflict under RPC 1.7(a), but there is a potential con…
Does a lawyer have to tell a neighbor he is a lawyer when handling his own personal dispute?
The committee was of the opinion that the lawyer had no duty to disclose that he is a lawyer in the described circumstances, but noted that if asked directly whether he was a lawyer, he would have to …
Can a law firm hand out a fee-discount coupon to mark its anniversary, or donate to charity for each coupon redeemed?
The committee was of the opinion that a law firm may offer a coupon for $50 off legal fees to celebrate the firm's 25th anniversary, or may make a similar charitable contribution for each coupon redee…
Can a lawyer represent a client adverse to a client of a former firm if the lawyer never worked for that client?
The committee was of the opinion that, on the facts presented, where the lawyer did not personally work for the adverse client at the former firm and obtained no confidences or secrets, there would be…
Can a firm represent a client suing a school district that belongs to a risk pool the firm also represents?
The committee was of the opinion that the firm could represent both clients only if it complied with the requirements of RPC 1.7(a).
Can two lawyers form a professional service corporation under their joint names while otherwise practicing as separate sole practitioners?
The committee was of the opinion that such an arrangement is not an entity contemplated by RPC 7.5, and that it would be misleading and a violation of RPC 8.4 to hold the lawyers out as partners when …
Must a lawyer holding settlement proceeds pay the client's creditors after the client withdraws authorization to pay them?
No. The committee concluded that, absent a valid lien on the funds, it would be a violation to distribute the trust funds to creditors over the client's objection once the client withdrew authorizatio…
Can a lawyer licensed only in Washington use out-of-state association letterhead and represent out-of-state clients?
The committee said whether a Washington-only lawyer's out-of-state letters and letterhead constitute unauthorized practice is a legal question it cannot answer, but that the rules would permit represe…
Can a lawyer send client documents and confidences by fax without violating the duty of confidentiality?
The committee was of the opinion that using a facsimile machine is more like communicating by mail than by cordless telephone, so it can comply with RPC 1.6; the lawyer can take protective measures an…
Can a lawyer who sells insurance door-to-door take the people they meet as legal clients, and identify as an attorney while selling?
The committee was of the opinion that the lawyer cannot take the people met while selling insurance door-to-door as legal clients, and if the lawyer identifies as an attorney must fully disclose that …
Can a law firm pay a nonlawyer employee a percentage of the fees from clients they bring in, and have that employee solicit clients?
The committee was of the opinion that paying a nonlawyer a percentage bonus on the gross fees from clients he generated is improper fee splitting that violates RPC 5.4(a) and 7.2(c), and that having t…
Can a lawyer add Washington's business and occupation (B&O) tax to a client's bill as part of the fee?
The committee was of the opinion that a lawyer is prohibited from charging the B&O tax as part of the fee, because it is not a sales tax and presenting it that way would be misleading.
Can a lawyer attend a Chamber of Commerce networking breakfast where members introduce themselves and say what they do?
The committee was of the opinion that nothing in the rules prohibits attending such breakfast meetings, so long as the lawyer does not engage in in-person solicitation of group members, or let others …
Can a lawyer pay to be listed with a for-profit lawyer referral service that recommends a specific attorney to callers?
The committee was of the opinion that paying a for-profit referral service that recommends a specific attorney in exchange for a fee is prohibited by RPC 7.2(c), which permits only not-for-profit lawy…
What can a criminal defense lawyer tell a client about breaking the law, and what can the lawyer say to a victim or witness?
The committee was of the opinion that a defense lawyer must advise the client of the relevant law and, if the client contemplates illegal acts, of the legal consequences and against committing them; t…
When a statute changes, does a lawyer have to tell current and former clients about it?
The committee was of the opinion that a lawyer actively representing a client on a relevant matter must notify the client of a statutory amendment under RPC 1.1 and 1.4, that there is no such duty onc…
Can a lawyer practice law and also work as an insurance adjuster?
The committee was of the opinion that a lawyer can ethically maintain dual professions but the risk of violating the rules is high; the lawyer must preserve client confidences, disclose in what capaci…
Can a lawyer operate a single firm that offers both legal services and public accounting (CPA) services?
The committee was of the opinion that nothing in the rules prohibits a lawyer from operating a professional services corporation offering both legal and accounting services, but it was unlikely the la…
If a Washington lawyer associates with an out-of-state lawyer, can the Washington lawyer be disciplined for assisting the unauthorized practice of law?
The committee declined to define what counts as unauthorized practice (a legal question), but said that if the out-of-state lawyer's conduct is the unauthorized practice of law and a Washington-licens…
Does the conflict-imputation rule (RPC 1.10) still apply to a partner who is on a leave of absence from the firm?
The committee was of the opinion that RPC 1.10 applies, but whether the firm's leave-of-absence arrangement keeps the partner from being 'associated with' the firm is a question of law it could not an…
Can a divorce lawyer take a security interest in real property to secure the fee in a marriage dissolution case?
The committee was of the opinion that, because all property is at issue in a dissolution, taking an interest in the real property is taking an interest in the subject matter of litigation in violation…
Can a lawyer serve as part-time in-house counsel for more than one business at the same time?
The committee agreed that nothing in the RPCs prohibits a lawyer from serving as part-time in-house corporate counsel for more than one client, so long as communication of that status is not misleadin…
Does a Washington lawyer have to report an out-of-state attorney suspected of unauthorized practice, and can a Washington lawyer practice across state lines?
The committee said determining what is the unauthorized practice of law is outside its jurisdiction, that an attorney has no mandatory duty under RPC 8.3(a) to report another attorney's conduct, and t…
What rules apply when a Washington lawyer represents a client before a foreign government agency, and does the attorney-client privilege carry over?
Per the committee's summary, if appearing before the foreign agency is the practice of law the lawyer must comply with the RPCs; if it is not the practice of law, the lawyer must tell the client the r…
Can a law firm send targeted letters to homeowners with suspected defective plumbing, and promise they owe no costs if there is no recovery?
Yes to both. The opinion concluded that under Montana's permissive Rule 7.3 a non-misleading targeted mailing is proper solicitation, and Rule 1.8(e) lets a firm make repayment of advanced costs conti…
Can a lawyer join a prepaid living-trust referral network whose contract bars criticizing the network's documents or acting against it?
The opinion concluded no; the participating-attorney agreement violates the rule against letting a third party who pays for legal services direct the lawyer's professional judgment.
Are the trust accounts of a law-related or ancillary business operated by a lawyer subject to the same trust-account, overdraft-notification, and audit rules as a law practice?
Formal Ethics Opinion 94-F-135 concluded that the trust accounts of law-related ventures operated by lawyers are fully subject to the trust-overdraft notification and audit provisions of Supreme Court…
Can a lawyer charge a contingent fee to collect child-support arrearages, and can the lawyer loan money to the opposing party to enable payment?
Formal Ethics Opinion 94-F-134(a) reaffirmed that a lawyer collecting past-due child support may not loan funds to the adverse ex-husband to enable him to pay, because doing so gives the lawyer a prop…
May a lawyer have a sexual relationship with a current client during the representation?
No (as the opinion stood). The committee concluded that a sexual relationship with a client or the client's representative during an ongoing representation is unethical, except with a spouse, because …
I represent an estate, and I suspect the executor (himself a lawyer) has diverted estate funds. Do Rules 1.6 and 8.3 require or allow me to report him, and must I investigate to confirm my suspicion?
The Panel concluded that on these facts the inquiring attorney may not disclose the executor's suspected wrongdoing, because none of Rule 1.6(b)'s exceptions applied and Rule 8.3(c) does not require r…
I hold a client's fund earmarked only for expenses, and now the former client owes me unpaid hourly fees. Can I keep the expense funds to cover my fees under Rule 1.15?
The Panel concluded the attorney has no basis to claim the client's funds held solely to pay expenses; if the representation is complete, the attorney should return any balance with an accounting, and…
A named partner is leaving my firm to work at a corporation but will stay 'of counsel.' Can we keep the partner's name in the firm name under Rule 7.5?
The Panel concluded that the departing 'of counsel' attorney's name may not remain part of the firm name, because retaining it connotes a partnership and is misleading under Rule 7.5, and the departur…
I represented a student against two schools. Now one of those schools wants me to sue the other in a related matter, and to run training workshops for the other school's staff. Can I take on that new work under Rule 1.7?
The Panel concluded that the attorney may not represent the school against the school department in the substantially related matter unless the former student client consents after consultation, and m…
Is it ethical to charge a contingent fee to a client who could afford to pay hourly, or when liability is already clear, and can the percentage rise as the case proceeds or as the recovery grows?
The opinion concluded that a contingent fee is ethical as long as it is appropriate and reasonable and the client was fully informed of alternative billing arrangements; a client's ability to pay anot…
Can a firm describe itself as 'affiliated,' 'associated,' or part of a 'network' with other firms, and what conflict and fee-sharing rules apply to those relationships?
The opinion concluded that lawyers must not mislead prospective clients about firm size, resources, or relationships with other firms, so terms like 'affiliated,' 'associated,' 'correspondent,' or 'ne…
Can a part-time assistant county prosecutor share office space with a criminal defense lawyer and co-counsel civil cases with that lawyer?
The opinion concluded that an assistant prosecutor in part-time private practice may share office space with a criminal defense lawyer and co-counsel unrelated civil cases, provided they protect clien…
Can an Ohio lawyer charge for a public legal seminar, accept clients who come from it, and do the same on a radio talk show?
The opinion concluded that a lawyer may charge a nominal seminar fee, accept employment that results from a seminar or radio talk show, and announce availability to speak, so long as the lawyer does n…
Can a lawyer recommend and participate in a deal where the client pays a nonlawyer investigator a contingent fee out of the recovery, in addition to the lawyer's own contingent fee?
The Committee concluded a lawyer may participate in such an arrangement if four conditions are met: the lawyer fully explains it and the fee agreement contemplates it; the investigator's contingent fe…
Can a state legislator who is an associate at a law firm vote on legislation the firm is drafting for a client whose business is affected by the bill?
Yes. The opinion concluded that mere representation of a client affected by legislation creates no per se impropriety, so the legislator may vote, provided neither the firm nor the legislator leads th…
Can a New Jersey lawyer represent an opposing attorney as a client in an unrelated matter while the two are adversaries in another case, if both clients consent?
The Committee concluded that the dual representation created an appearance of impropriety under RPC 1.7(c)(2) and was impermissible even with both clients' consent, because the appearance is judged fr…
Must a California law firm obtain client consent to changes in fee calculation methods, and is it ethically permissible to require attorneys to meet a minimum-billable-hour productivity standard?
The opinion concluded that an attorney has a duty to inform the client of the fees charged, the methods used to calculate fees, and any alternative fee arrangements, and to obtain client consent; chan…
Can Mississippi lawyers practice through a professional limited liability company, and can nonlawyers or out-of-state lawyers be members?
The opinion concluded that the Mississippi Rules of Professional Conduct do not prevent lawyers from practicing as a professional limited liability company; the firm name must end in PLLC, each lawyer…
If a Mississippi lawyer knows an out-of-state lawyer is practicing law in Mississippi without a license, must the lawyer report it, and to whom?
The opinion concluded that a lawyer with actual knowledge that another lawyer is engaged in the unauthorized practice of law has a Rule 8.3 duty to report it, and that the duty is satisfied by reporti…
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.