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Can a lawyer cite an unpublished, 'not for publication' opinion to a court, when the forum court has a rule prohibiting any reference to such opinions?
The opinion concluded that it is ethically improper under Model Rule 3.4(c) for a lawyer to cite an unpublished opinion to a court whose rules specifically prohibit referencing 'not for publication' o…
A part-time City Court judge shares a law firm with a part-time assistant district attorney. What criminal and civil work can each of them, and the rest of the DA's office, take on?
The opinion concluded that because the part-time assistant DA cannot defend criminal cases anywhere in the state, the associated part-time judge (and the whole firm) is also barred from criminal defen…
Can a Michigan judge publicly endorse a judicial candidate by name in a campaign brochure or radio ad?
The opinion concluded that a judge may allow the judge's name and judicial title to be used in a campaign brochure and radio ad quoting the judge's endorsement of a judicial candidate, because MCJC 7A…
Can a law firm agree, as part of settling a case, not to solicit other clients or share fees in the future on claims against the same opposing party?
The Committee concluded that both clauses violate Rule 5.06(b). A settlement term that restricts a lawyer's solicitation beyond what the rules and law already allow, or that bars the lawyer from shari…
Does a criminal defense lawyer have to correct a prosecutor's wrong statement in court that the defendant has no prior convictions, when neither the lawyer nor the defendant said anything false?
The Committee concluded the lawyer need not correct the prosecutor's mistaken statement and may remain silent, because neither the lawyer nor the client made a false statement and the client committed…
Can one lawyer represent both a driver and a passenger, or two injured co-plaintiffs, in a car-accident case, and what disclosures are needed?
The Committee concluded that joint representation of co-plaintiffs (such as a driver and passenger) is permitted under Rule 1.06(c) if the lawyer reasonably believes neither representation will be mat…
Can a lawyer who serves as a city commissioner defend criminal cases where the city's police investigated, were victims, or where the city judge issued the warrant, and can the lawyer's partner?
The Committee concluded that such representation creates a conflict under Rule 1.06(b)(2) between the lawyer's interests as a city commissioner and the client's interests, and the conflict is imputed …
After serving as a mediator, can the lawyer or the lawyer's firm later represent one of the parties to the mediation, or take a matter against that party?
The Committee concluded a mediator is an adjudicatory official under Rule 1.11. During the mediation, the mediator and firm may not represent for or against a party in any related or unrelated matter …
I handled a client's first divorce. Now that client's new spouse wants to hire me for a divorce against my former client. Can I take that case under Rule 1.9?
The Panel concluded that under Rule 1.9 the attorney may not represent the new spouse against the former client unless the former client consents after consultation, and regardless of consent may not …
My old clients' minor child got a settlement held in trust by the parents, and I now hear the trust funds are missing. Do I have any duty to the child or to seek an accounting under Rule 1.9?
The Panel concluded that, assuming the attorney does not represent the guardian and no longer represents the parents, the attorney has no legal obligation to protect the minor's interest, and may not …
A government agency served me with a summons for my client's records. Do I have to hand them over, and would that violate the attorney-client privilege under Rule 1.6?
The Panel concluded the attorney must assert the attorney-client privilege where producing the records would breach Rule 1.6, but must comply with the final order of a court or tribunal of competent j…
Another lawyer who is not in my firm wants me to take on a client and share one-third of the fee. Is that fee-splitting arrangement allowed under Rule 1.5?
The Panel concluded the attorney may divide a fee with a lawyer outside the firm under Rule 1.5(e) if the division is proportionate to each lawyer's services or, by written agreement, each assumes joi…
A state department has a disputed lien on my client's personal injury settlement and my client demands the whole recovery. What do I do with the money under Rule 1.15?
The Panel concluded that because the client and the state agency dispute the lien, Rule 1.15(c) requires the attorney to keep the disputed portion of the settlement separate pending resolution, arbitr…
I have a part-time law practice and am a full-time police officer. Can I be the prosecuting officer and trial counsel for my town's police cases, and do the same for other towns, under Rule 1.7?
The Panel concluded the attorney may serve as trial counsel for the town and other municipalities so long as the lawyer's own interests do not materially limit duties to other clients, but may not pro…
I settled a client's personal injury case and the client has unpaid medical bills, but no lien was filed. I told the hospital it would be paid from the recovery. Do I have to notify and protect the hospital under Rule 1.15?
The Panel concluded that by assuring the hospital of payment the attorney undertook a duty to it, so Rule 1.15(b) required the attorney to promptly notify the hospital on receiving the funds, and any …
I work part-time for one state agency and in private practice I want to represent a former employee of a different state agency in an unrelated matter. My agency and the client don't object, but opposing counsel does. Can I continue?
The Panel concluded that under Rule 1.7(b) the attorney may continue to represent Client B, because that representation is not directly adverse to, or materially limited by, the attorney's other respo…
I represented a city and its zoning board members in a federal suit. The members now want the whole file, including my work product, but city officials tell me not to hand it over and the city pays my fees. What must I produce?
The Panel concluded the zoning board members are clients entitled to the file under Rule 1.17, so the attorney must furnish papers prepared for the client's benefit and all 'end products' the client p…
If a client gave a false answer on a bonding application and won't fix it, can the lawyer tell the bonding company or the court, or must the lawyer withdraw?
The opinion concluded the lawyer cannot disclose the client's past fraud under Rule 1.6 because neither of Rule 1.6(b)'s narrow exceptions applies, but if the lawyer's services are being used to furth…
Is an insurer that the firm represents through its insureds an 'existing client' for conflict purposes, so the firm cannot sue it for another client?
Yes. The opinion concluded that a lawyer retained by an insurer to defend insureds represents both the insured and the insurer as clients, so the insurer is an existing client, and under Rule 1.7(a) t…
Can a Michigan lawyer join a for-profit company's group television advertising program that funnels accident callers to participating firms?
The opinion concluded such a scheme is unethical where the lawyer is contractually bound to take cases on contingency without advising of other fee options, or where the advertising misleads viewers i…
Can a lawyer advise a client to consult several other lawyers, with no intent to hire them, solely to create conflicts that bar those lawyers from representing the opposing spouse?
No. The opinion concluded that helping a client manufacture conflicts to keep the opposing party from hiring counsel of her choice serves merely to harass and is unethical, whether the lawyer or the c…
When defense counsel subpoenas a plaintiff's treating physician and the physician starts discussing the plaintiff's treatment, may the lawyer listen, or must the lawyer stop the conversation?
The lawyer must stop it. The opinion concluded defense counsel may not participate, passively or actively, in communications with a plaintiff's nonparty treating physician about the plaintiff's treatm…
Can a lawyer agree to a settlement that bars him from representing other potential plaintiffs against the same defendant, and can opposing counsel offer such a term?
No to both. The opinion concluded a lawyer may neither accept nor offer a settlement that restricts his right to practice law; a confidentiality term protecting the settlement's terms is, however, per…
After an insurer tenders its liability limits in an auto case, can the same defense lawyer stay in the suit to protect the insurer's underinsured-motorist interest, with the insured defendant's consent?
Yes. The opinion concluded that once the insurer waives subrogation and the plaintiff covenants not to enforce a judgment, the insured defendant has no personal exposure, so the interests are not adve…
If a paralegal who worked on one side of a case leaves and joins the firm representing the other side, must the new firm withdraw, or may it screen the paralegal?
The new firm need not withdraw. The opinion concluded the imputed-disqualification rules do not apply to nonlawyers, so the firm may keep both the client and the paralegal, but it must take extreme ca…
Can defense counsel in a personal-injury case contact the plaintiff's treating physician, even just to read handwriting in records produced in discovery, without the plaintiff's consent?
No. The opinion concluded that any communication with the plaintiff's nonparty treating physician about the physician's treatment of the plaintiff or the substance of his testimony is unethical withou…
When a lawyer sits on the board of trustees of a nonprofit hospital, may another lawyer in the same firm sue that hospital if the board member is screened from the case?
No. The opinion concluded that a firm lawyer's service on the board creates an irreconcilable conflict that screening cannot cure, so no lawyer in the firm may represent a client suing the board or ho…
Does a lawyer commit misconduct by submitting the same medical bills in two accident claims and presenting evidence the lawyer knows is false?
Yes. The opinion concluded that a lawyer who knew before trial that the medical bills related only to the first accident, yet presented them as relating to the second and let the client deny the first…
Can a D.C. lawyer advertise that they are an expert who can help clients 'when others can't,' and does the ad have to be substantiated?
The opinion concluded that Rule 7.1(a) permits truthful claims of specialization or expertise so long as they can be substantiated, but prohibits a comparative claim that a lawyer can help 'when other…
What must a solo practitioner arrange in advance so client files and matters are protected if the lawyer suddenly dies or becomes disabled?
The opinion concluded the Bar Rules require a solo to adopt an advance plan that keeps files secure and confidential, notifies clients to retrieve files and find new counsel, and engages a supervising…
When a California attorney has notice of a medical lien on client settlement funds, may the attorney disburse the funds to the client per the client's instructions, or to the lienholder over the client's objection?
The opinion concluded that an attorney with notice of a medical lien may not simply disburse contested funds to the client even on the client's instruction, nor may the attorney pay the lienholder wit…
Can a West Virginia sole practitioner who employs associates use a firm name like 'Law Offices of Smith & Jones' when no partnership exists?
No. The opinion concluded a name such as 'Law Offices of Smith & Jones,' where Jones is an employee and no partnership exists, suggests a partnership that does not in fact exist and is prohibited by R…
Do the different-firm fee-division rules apply when a departing lawyer keeps a share of a case she brought to her old firm?
The opinion concluded that an agreement dividing a fee between a firm and a lawyer who brought the case is not subject to the rules governing divisions between lawyers in different firms when the lawy…
When a client follows a departing associate, can the old firm refuse to itemize its services on the contingent-fee lien, and must the new lawyer report that?
The opinion concluded that the old firm may not refuse to itemize its services, because the fee rules require a lawyer to explain the fee and furnish a contingent-fee closing statement; if the refusal…
When a government agency or anyone else subpoenas a lawyer's files about a current or former client, what must the lawyer do before producing them?
The opinion concluded that when a governmental agency, or any other entity or person, subpoenas or obtains a court order for a lawyer's files and records relating to the representation of a current or…
In Kentucky, may a lawyer pay to put their name and discount coupons for legal services in welcome packages distributed to new homeowners?
No. The opinion concluded that distributing the coupons through a welcome-package service amounts to prohibited in-person solicitation by an agent for pecuniary gain under Rules 7.30 and 8.3.
In Kentucky, may a defense lawyer contract with an insurer to handle all its defense work for a set fee, or agree to absorb all litigation expenses without reimbursement?
No to both. The opinion concluded that a blanket set-fee defense contract with an insurer, and an agreement to advance litigation expenses with no right to repayment, create conflicts with the insured…
Are a firm's real estate closing escrow accounts subject to the lawyer trust-account and IOLTA rules?
The opinion concluded yes; real estate escrow accounts are trust accounts under Rule 3.6(e), so a firm must keep all of them either IOLTA or non-interest-bearing and meet Rule 6 reporting for each.
Can a Michigan judicial candidate hand out campaign literature at a nonjudicial candidate's event, and host that candidate's materials at the judge's own event?
The opinion concluded that a judicial candidate may attend and distribute personal campaign literature at an event held for a nonjudicial candidate, but may not provide a particular opportunity, such …
Must a Maine criminal defense lawyer disclose to the court that the client committed perjury on the stand?
The opinion concluded the Bar Rules do not require disclosure where it would reveal privileged communications, because Rule 3.6(b) excepts privileged information, though disclosure may still be requir…
I represent two clients, and one of them now has information that is directly adverse to the other's workers' compensation and personal injury claims. Can I keep representing both under Rule 1.7?
The Panel concluded that once one client's interests became directly adverse to the other's, Rule 1.7(a) barred continued dual representation, and the attorney should withdraw from representing the se…
My firm got a bank line of credit secured by our accounts receivable, and the bank wants a list of clients with names, addresses, and amounts owed. Does Rule 1.6 let us give the bank that list?
The Panel concluded that a client's name, address, and fee amount relate to the representation and are confidential under Rule 1.6, which does not distinguish confidences from secrets, so the firm can…
A family member of my longtime client has subpoenaed me to testify about the client's financial affairs. Does Rule 1.6 let me testify, and what must I do at the hearing?
The Panel concluded that, absent the client's waiver, Rule 1.6 requires the attorney to attempt to maintain confidentiality and invoke the privilege where applicable, but the attorney must obey a cour…
Can one lawyer represent two people who applied for the same job and both claim the position was filled through unlawful discrimination?
The opinion concluded that a lawyer is not automatically barred from representing two applicants for the same position who both claim the selection was discriminatory, but may do so only with each cli…
Can an Ohio lawyer split a contingency fee with a non-lawyer private investigator who works on the case?
The opinion concluded that a lawyer may not split a contingency fee with a non-lawyer private investigator as compensation for investigative work, because DR 3-102(A) prohibits sharing legal fees with…
Can Ohio lawyers own an ancillary business offering law-related services, and what must they disclose to its customers?
The opinion concluded that lawyers may own an ancillary law-related business if it commits no unauthorized practice and they follow the Code, may not condition the business's services on the customer …
Can a nonresident Nevada-licensed lawyer use space in a client's business as a Nevada office instead of associating local counsel?
The Committee concluded that none of the proposed arrangements, where a nonresident Nevada-admitted attorney uses space inside a client's Nevada business staffed by the client's own employees, satisfi…
Can a lawyer calculate a contingent fee on the gross recovery before deducting litigation expenses?
The opinion concluded that in personal injury and wrongful death cases the Appellate Division rules require the fee to be computed after deducting expenses, but in other cases where contingent fees ar…
Can a lawyer staff a distant branch office mostly with nonlawyers the lawyer rarely visits, and can a Virginia lawyer front a satellite office for an out-of-state lawyer?
The opinion concluded that supervision of nonlawyer staff must be significant, rigorous, and efficient enough to keep the lawyer's direct client relationship and full responsibility for the work; an o…
Can a prosecutor make public statements about someone under investigation when no charges have been filed and a jury trial is only possible?
The opinion concluded that whether a prosecutor's extrajudicial statements created a clear and present danger of interfering with a fair jury trial is a fact question beyond the committee, but if a fa…
Can a law firm holding a county contract as public guardian or conservator also serve as legal counsel to the wards it is appointed to protect?
No; a lawyer who is a ward's guardian or conservator may not also act as the ward's legal counsel on matters outside the fiduciary duties, because the dual role collapses the checks and balances the r…
Can a lawyer pay someone an hourly fee to help find and explain evidence in a case when that person might also testify?
The opinion concluded a lawyer may pay an individual whatever the client consents to for pre-trial fact-finding, because DR 7-109(C) governs only witnesses; if the person testifies, payment is limited…
Can a lawyer accept a referral fee from a mortgage broker for sending a real estate client to that broker?
The opinion concluded that a lawyer may accept a referral fee from a mortgage broker only if the client consents after full disclosure, the lawyer remits the fee to the client on request, the aggregat…
Can a lawyer refer a personal injury client to a finance company that will lend the client money for living expenses, repayable only if the claim succeeds?
The opinion concluded a lawyer may refer a client to a lending institution that loans money for living expenses on a contingent basis, so long as the lawyer does not advance or guarantee the loan, own…
Can a lawyer join a barter exchange and accept 'trade dollars' for legal services?
The opinion concluded a lawyer may participate in a commercial barter exchange if the exchange does not control the lawyer's professional judgment or steer clients to particular lawyers, its advertisi…
Can a lawyer run a pay-per-minute '900 number' service giving legal advice by phone, advertise it on the radio, and refer callers to other firms?
The opinion concluded a lawyer may give legal advice on a paid 900-number call if the lawyer is competent, the fee is reasonable, and the lawyer discloses the limits of the advice and of any attorney-…
If a lawyer is personally suing a former law partner, can the lawyer represent or advise a former firm client who wants to bring claims or a bar complaint against that partner, and must the lawyer report the partner's alleged misconduct?
The opinion concluded that a lawyer whose own interests are adverse to a former partner cannot ethically represent or advise the former client in claims against that partner, and that the lawyer has n…
When a client fires a lawyer who took a flat fee up front, must the lawyer account for the money, itemize the work, and refund the unearned portion?
The opinion concluded that under Rule 1.16(d) a lawyer must, on termination and upon demand, account for all funds received, state the basis for retaining any advance payment, and refund any advance p…
After sitting in joint defense meetings for one co-defendant, can a lawyer later sue the other co-defendants on the same claims, even if the lawyer's former client is not a party?
The opinion concluded that a lawyer who attended joint defense meetings and helped develop a combined defense strategy may not later represent plaintiffs against the former co-defendants on the same o…
My client won and isn't indigent. Can I just waive the litigation costs, or does Rule 1.8(e) restrict that?
The Panel agreed that Rule 1.8(e) does not apply where the client is not indigent and the case succeeded, so it is the attorney's prerogative whether or not to waive the costs.
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.