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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I used to represent a school committee at a termination hearing. Now the committee is being sued over that termination and two individual members who voted against it want me to represent them personally. Can I, or can someone else at my firm?
No. The panel held the school committee is the attorney's former client under Rule 1.9, the pending lawsuit is the same or substantially related to the termination hearing, and the conflict is…
If a paralegal or other nonlawyer employee moves from one firm to an opposing firm during pending litigation, can a screen ('Chinese wall') keep the new firm from being disqualified?
No, not on the firm's own say-so. The opinion overrules its earlier screening opinions and holds a nonlawyer is judged by the same standard as a lawyer: a firm that hires a nonlawyer who acquired…
May a judge recruit lawyers for a pro bono campaign or give a quote for a legal services fundraiser?
Nebraska Ethics Opinion 02-3 rejects both a judicial recruitment letter seeking pro bono hours or cash and a judicial quote for a legal services fundraising pamphlet.
Do a law firm's newsletters, legal alerts, seminar brochures, logo giveaways, and website have to carry an 'Advertising Material' label under the lawyer-solicitation rule?
Only the items that solicit employment do. A newsletter, alert, or brochure that offers the firm's services to a prospective client with no family, professional, or close-personal tie must carry the…
Can a Utah lawyer finance a client's litigation costs with a loan from a third-party lender and pass the interest on to the client?
Yes. A recourse loan that finances litigation costs is permitted if the lawyer (not the client) is the obligor on the loan, the lawyer discloses the loan's terms, and the client consents. Because…
May a part-time municipal judge hear a case defended by a lawyer in another judge's law firm?
No. The Commission held that a part-time municipal judge was disqualified when defense counsel practiced in the firm of another part-time judge on the same court, and that the disqualification could…
Can a lawyer who settled a mother's accident case then represent her child's injury claim from the same accident, when the mother may be a potential defendant?
The opinion concludes it depends. The mother as next friend is not a current client, so Rule 1.7 does not apply, but she is a former client in a substantially related matter, so a non-frivolous…
Can a Texas lawyer agree to defend an insurer's insureds for a fixed fee set by stage of the case?
Yes. The Committee concludes a lawyer may take a fixed fee from a liability insurer for defined stages of defending an insured, but the lawyer must still render the professional representation the…
If I serve as a municipal court judge, can I also defend criminal cases where the city's police may be witnesses?
Only with consent. The Committee concludes a municipal court judge may not defend a criminal case where the city's police may be witnesses (or in a matter he adjudicated, or in his own court) unless…
If I'm a lawyer serving as a county judge, can I represent private clients in the justice, county, and district courts of my own county?
Only with consent. The Committee concludes it is a conflict under Rule 1.06(b)(2) for a county judge, who presides over the commissioners court and is the county's chief budget officer, to represent…
Can a law firm pay a real estate agency an annual fee and offer the agency's customers discounted legal services in exchange for the agency promoting the firm?
The opinion concluded that it is improper for a law firm to pay an annual fee to a real estate agency and offer discounted legal services to the agency's customers in exchange for the agency…
Can a government agency lawyer be required to take on more cases than the lawyer can competently handle?
The opinion concludes that a lawyer who represents a government agency may not accept more matters than the lawyer can competently handle, and may not consent away the duty of competence; the lawyer…
Can a government law department let the agency's general IT department maintain a network holding confidential client files?
The opinion concludes a government law department may use the governmental unit's technical support staff to service a network containing client confidences without violating MRPC 1.6, provided the…
Can a part-time Michigan family court referee represent private clients before the judges who appoint and supervise the referee, or before other referees in the same circuit?
A part-time referee may not appear in domestic-relations matters before the appointing or supervising judges (absent waiver or a visiting judge) or before other referees in the same circuit, but may…
Can a lawyer who represents a husband and wife as co-executors of an estate also represent the wife in her divorce against the husband, and can the lawyer fix the conflict by dropping the husband?
Not over the husband's objection, because the co-executors are also substantial beneficiaries, so the lawyer is treated as representing the husband individually. With consent it depends on an…
Can a Colorado lawyer give a second opinion to someone already represented by another lawyer, without first getting that lawyer's consent?
Yes. The opinion concludes that Rule 4.2 does not require the second lawyer to obtain the first lawyer's consent when the client initiates contact for a second opinion, because Rule 4.2 protects the…
When can a Colorado lawyer assert a charging lien for unpaid fees, and what must the lawyer do to take a security interest in a client's property?
The opinion concludes that a lawyer may assert a statutory charging lien (Rule 1.8(j); C.R.S. section 12-5-119) for fees against property the lawyer helped obtain, but only with strict compliance…
Could a judge submit a legal article presented to circuit judges for law review publication?
West Virginia JIC Opinion 2002-02 allowed a judge to submit the described expert testimony article to the West Virginia University Law Review for publication.
Does a bank-supplied CD-ROM of digital check images satisfy a North Carolina lawyer's trust-account record-keeping requirement?
The opinion concludes that a CD-ROM containing digital images of the fronts and backs of canceled checks satisfies Rule 1.15-3(a)(2), because the images can be retrieved and printed when needed; it…
If a personal injury client tells the lawyer to pay her all the settlement money but a medical provider has a letter of protection or an assignment, must the lawyer pay the client?
Only if there is no valid lien or assignment. If the lawyer gave the provider an authorized letter of protection and the client later disputes payment, the lawyer holds the contested portion in…
Can a law firm cut a departing shareholder's deferred compensation by 75% if the lawyer practices law within 50 miles of the firm?
No. The opinion concludes that a deferred-compensation provision reducing a departing lawyer's pay by 75% for practicing law within a 50-mile radius is a financial disincentive to compete that…
May an appellate judge serve on a committee planning a domestic violence fatality review team?
Yes, subject to Canon 5B's limits. The Commission permitted service on the temporary, nongovernmental steering committee described, but said the judge would have to resign if its activities made it…
Could a senior status judge testify as an expert on attorney fee reasonableness?
West Virginia JIC Opinion 2002-01 concluded that a senior status judge should not serve as an expert witness on attorney fees in a civil case.
In a non-judicial matter outside D.C. such as a mediation or arbitration, whose rules of professional conduct govern a D.C. lawyer, and what happens when co-counsel is bound by different rules?
The opinion concludes that under Rule 8.5(b)(2) a lawyer licensed only in D.C. is governed by D.C.'s rules for non-judicial conduct anywhere; a lawyer licensed in D.C. and elsewhere is governed by…
Can a Florida lawyer pay a paralegal or legal assistant a bonus based on the number of hours they billed?
No. Rule 4-5.4(a)(4) lets a lawyer pay a nonlawyer employee a bonus for extraordinary efforts on a case or over a set period, but a bonus calculated solely on the hours the nonlawyer worked treats…
I'm town counsel and the council changed its billing procedure. Can an individual council member who disagrees with that decision demand my unredacted, itemized billing statements from before the change?
No, not without the council's consent. The panel held the municipality, acting through its council, is the lawyer's client, so the lawyer must follow the council's direction on redaction and has no…
My former client retained a malpractice lawyer to sue me over a missed statute of limitations and told me not to contact them directly. Do I still owe them a duty to flag a separate viable claim, and can I reach out about it anyway?
No continuing duty and no direct contact. The panel held the attorney-client relationship ended once the client retained malpractice counsel, so Rule 1.3 and 1.4 no longer apply, and contacting the…
Can a law firm represent a client before a local governing body when one of the firm's lawyers sits on that body, even if the lawyer discloses the tie and abstains from voting?
The opinion concludes no. A firm may not represent a client before a governing body on which one of its lawyers serves, and the board-member's recusal does not cure the conflict, because withdrawing…
Can a legal aid office give blank legal forms to pro se litigants it does not represent, without violating the rules on candor to a tribunal?
The opinion concludes yes. Handing out blank legal forms, with no help completing them and no advice, is not the practice of law and is not undisclosed ghost-writing, so it does not violate Rule…
May a clerk magistrate run for district court clerk while remaining in the judicial position?
Nebraska Ethics Opinion 02-1 says a clerk magistrate must resign before becoming a candidate for nonjudicial office, including district court clerk.
Can a New York lawyer's advertisement give only a website or email address, or must it include a physical street address?
The opinion concludes a legal-services advertisement may not list a website or email address as the sole address; DR 2-101(K) requires the lawyer's physical street office address as well.
Does a lawyer's family relationship with a material witness and an alleged co-conspirator create a conflict that bars representing another party in the same case?
The committee concluded that the family relationship gives rise to an RPC 1.7(b) conflict because the representation may be materially limited by the lawyer's own interests and responsibilities to…
Can a Washington lawyer form a partnership with a foreign lawyer who is licensed in Washington as a foreign legal consultant?
The committee concluded that a partnership with a foreign attorney does not violate RPC 5.4(b) because a foreign attorney is not a 'nonlawyer' for purposes of that rule. The lawyer should comply…
If a lawyer learns a client committed a past felony related to the case, can the lawyer reveal it, and can a settlement require both sides to keep incriminating evidence secret?
On the assumed facts (past, non-ongoing conduct, no legal duty to report, no evidence destruction, no required tribunal disclosure, no assisting a crime or fraud), the committee concluded RPC 1.6(a)…
Can a Washington lawyer who has been suspended work as a paralegal, including in another state that allows suspended lawyers to do paralegal work?
The committee concluded the answer is no: a suspended Washington lawyer may not work as a paralegal anywhere at all, even in a state (here, Oregon) that allows suspended lawyers to do paralegal…
May a lawyer name a large firm's practice group on a business card?
Yes, if the card's layout does not suggest that the group is separate from the firm.
May lawyers advertise under their own names without identifying the firm where they practice?
The opinion says a lawyer with a sole practice in one firm may not advertise under another name without referencing that firm. Lawyers in two firms must cross-reference both publicly, and both firms…
May a litigation firm describe its lawyers as 'trial lawyers' on letterhead?
Yes. The opinion permits the phrase, but requires the Rule 4-7.4 disclaimer if the letterhead states or implies specialization or certification.
May appointed federal trial counsel take a private engagement for a sentence-reduction motion after the appointment ends?
Yes. On the stated facts, the opinion permits a separate private contract after the appointed representation ended at the notice-of-appeal deadline.
May a lawyer deliver an original and photocopied second will of a deceased client to probate court?
Yes. The opinion permits delivery under section 473.043.1, while also describing notice to the court and a confidentiality ruling before disclosure as a more cautious option.
Can a client-lawyer relationship begin during free advice at a charity without a fee or engagement letter?
Yes, depending on the facts. The opinion says representation generally starts when the lawyer gathers information to give legal advice or advocacy; express hiring and payment are not required.
Must a contingent-fee client repay advanced costs if the lawyer stops pursuing the claim without recovery?
No repayment is required by the opinion. Rule 4-1.8(e)(1) permits advancing costs and making reimbursement depend on the outcome; if no settlement or judgment results, the lawyer need not require payment.
May an estate-planning lawyer separately sell financial-planning services and products to legal clients?
Yes, with written disclosure of confidentiality differences, compensation, independent-counsel and other-provider options, and written client consent under Rule 4-1.8(a). The opinion bars referrals…
May a departing lawyer and former firm split a contingent fee equally on a client matter?
Yes, if they satisfy Rule 4-1.5(e). Because the proposed split is not proportional to services, both must assume joint responsibility by written agreement with the client.
May a law firm defend insured clients for an insurer at a flat fee regardless of case complexity?
The flat fee alone does not violate Rule 4-1.8(f). The opinion requires client consent, independent judgment, confidentiality, and the same level of representation; any actual conflict may require…
May a judge's name appear on a charity's fundraising letterhead and as a donor contact?
The Committee permitted the judge's name on the charity's letterhead used for fundraising, but prohibited listing the judge in the solicitation as a contact for potential donors.
Must a part-time judge recuse in cases involving staff of a mental health center the judge represents?
The Committee's majority required disqualification in cases involving services by staff of the judge's mental health center client. It allowed a request for waiver under Canon 3F if the judge…
If a client decides on her own to contact the represented opposing party, can her lawyer advise her on what to say?
Yes. Where the client conceives the idea of contacting a represented party, the no-contact rule does not bar the lawyer from advising on the substance, so long as the lawyer does not use the client…
If a lawyer puts client escrow funds in an interest-bearing account and the retainer is silent on interest, can the lawyer keep the interest?
No. Interest earned on client escrow funds belongs to the client and must be paid to the client; if the client cannot be found, the lawyer deposits the funds with the Lawyers' Fund for Client Protection.
What may a California lawyer do for a missing client who already authorized settlement of claims within a defined range, and how must the lawyer handle settlement proceeds and fees?
Per California Formal Opinion 2002-160, an attorney who has been given express authority to settle claims at or above a specified percentage of face value retains independent ethical duties…
Can a California lawyer refer a prospective client to an independent broker for a real-estate loan to pay legal fees, with the loan proceeds going into a third-party escrow from which the lawyer is paid?
Per California Formal Opinion 2002-159, the lawyer may make the referral and use the escrow arrangement so long as the lawyer receives no compensation for the referral, has no undisclosed business…
Can a public defender's office set up a physically separate alternate defender unit so the two operate as separate firms for conflict purposes?
Per California Formal Opinion 2002-158, a Public Defender (PD) and a physically separated Alternate Defender Office (ADO) following the People v. Christian (1996) model can be treated as separate…
When can a lawyer reveal a client's confidences to stop a crime, and does possessing stolen property count as an intent to commit a future crime?
A lawyer may disclose only to prevent a not-yet-completed crime, and only on a reasonable (not merely suspected) belief the client intends it; a client's continuing possession of stolen property,…
May a judge privately meet a domestic-abuse victim seeking to lift a no-contact order?
The Committee said a private meeting with the judge would violate the ex parte communication rule; it discussed prosecutor, open-court, staff, and independent interviewer alternatives with their limits.
When a third party pays a client's legal fees, can the lawyer send the payer an itemized bill of the work performed?
The committee concluded that a lawyer whose fee is paid by a third party has the same obligations as one paid by the client, and may submit a billing statement to the payer provided it does not…
Can a law firm's employment agreement bar a departing partner from soliciting, hiring, or recruiting the firm's other lawyers?
The committee concluded that an employment agreement preventing a departing partner or shareholder from soliciting, hiring, or recruiting other lawyers at the firm violates RPC 5.6(a). It restricts…
Can a Washington lawyer practice in a firm owned by a lawyer licensed only in another state, and can the out-of-state lawyer handle federal matters for Washington clients?
The committee concluded that, in general, nothing in the Rules of Professional Conduct prohibits lawyers licensed in different jurisdictions from associating or maintaining a regional or national…
Can a law firm keep a named partner's name (with a 'retired in 2002' note) after he leaves to practice in another state?
The committee concluded that once a named partner ceases to practice with the Washington firm and begins practice in another jurisdiction and is no longer associated with the firm, the firm may no…
Can a Washington law firm organized as a professional limited liability company call itself an 'LLC,' or must it use 'PLLC' in the firm name?
The committee concluded that a professional limited liability company must include one of the terms 'Professional Limited Liability Company,' 'Professional Limited Liability Co.,' 'P.L.L.C.,' or…
Can a lawyer work as a 'risk management consultant' for an insurance broker, reviewing the broker's insureds and advising them, without violating the ethics rules?
The committee concluded it may be ethically possible but the risk of running afoul of the rules is high. Whether the work is the practice of law is a substantive-law question outside the committee's…
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.