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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What must a Colorado lawyer's fee agreement contain, and what fee terms are prohibited?
The opinion explains that Colo. RPC 1.5(b) requires a lawyer to communicate the basis or rate of the fee and expenses and the scope of representation in writing, and that nonrefundable fees and retain…
What are a North Carolina lawyer's duties when a debt-collection matter shows signs of a counterfeit-check scam, and what happens if the lawyer disburses trust funds against a fake check?
A lawyer who ignores the red flags of a counterfeit-check scam and disburses against the check violates the duties of competence and diligence, misappropriates other clients' trust funds, must replace…
How can a North Carolina lawyer respond to a negative online review without violating the duty of confidentiality, and can the lawyer ever reveal client information?
A lawyer may post a professional, restrained response that denies the review's accuracy but may not reveal confidential information; a negative online review alone is not a self-defense 'controversy' …
Can a North Carolina lawyer email or text the presiding judge about scheduling or the merits, and when does copying opposing counsel make it proper?
An informal communication to the presiding judge, even about scheduling, is a prohibited ex parte communication unless opposing counsel is copied or it is authorized by law or court order. Copying opp…
In a transactional matter, when does a Colorado lawyer have a duty to inquire further if the lawyer suspects the client's purpose may be criminal or fraudulent?
A lawyer must inquire only when the lawyer actually knows facts that are obvious indicators of a client's intent to use the lawyer to facilitate a crime or fraud. The opinion concludes 'knowledge' und…
Can a New York lawyer advise a recreational cannabis business, take equity in lieu of fees, and personally use marijuana, even though it remains federally illegal?
Yes. The opinion concludes that, given current federal enforcement forbearance, a lawyer may help clients comply with New York's Recreational Marijuana Law, may use and home-grow marijuana personally,…
Can a New Jersey lawyer pay a marketing company for client 'leads,' and when does a paid lead become a prohibited referral?
The Committees conclude lawyers may not pay for client referrals (RPC 7.3(d)) and that paying a referral fee is impermissible fee-sharing (RPC 5.4(a)). A lawyer may pay per lead but not per client ret…
Can a non-law company sell legal services by matching paying customers with outside lawyers, and can a lawyer take that work?
The Committees conclude a company that is not a law firm commits the unauthorized practice of law when it contracts with customers to provide legal services and matches them with outside lawyers. A la…
What must a New Hampshire lawyer do when appointed to wind up a deceased or incapacitated sole practitioner's law practice, and how should a solo plan for that event?
The opinion describes how to wind up a deceased or incapacitated solo's practice in compliance with the rules: petition the court under SC Rule 37(17), inventory and run conflicts on clients, notify c…
Can an Ohio lawyer advertise certification as a specialist in a field of law that the Ohio Supreme Court has not designated as a specialty?
The opinion concluded a lawyer could state or imply specialization only in a field designated by the Supreme Court; advertising certification by an accredited organization in a non-designated field (s…
Can a lawyer buy a competitor lawyer's or firm's name as a search-engine keyword to display the lawyer's own ad above the competitor's?
The opinion concludes a lawyer or law firm may not purchase the name of another lawyer or firm for use in competitive keyword online advertising, because doing so is designed to deceive the searching …
Can a Florida lawyer respond to a negative online review posted by someone who was never a client?
Yes, but only if the response reveals no confidential client information. The lawyer may state the poster is not a client and that the lawyer's reply is constrained by ethics rules.
What firm names and trade names are allowed under Utah's amended Rule 7.1?
The opinion concludes that a firm may use a trade name, including the names of departed or deceased lawyers, as long as the name is not false or misleading under Rule 7.1; a name can become misleading…
When two jointly represented clients give the lawyer opposite instructions, can the lawyer follow one of them, especially if the other may have diminished capacity?
No. The opinion concludes that when jointly represented co-purchasers give mutually exclusive instructions, their interests differ and the lawyer cannot continue representing both under Rule 1.7; one …
A spouse once consulted my partner about a divorce but never hired the firm. Can I now represent the other spouse against her?
Per the Committee, a lawyer owes a former prospective client a duty of confidentiality under Rule 1.05, and a consultation can create a disqualifying adverse-limitation conflict under Rule 1.06(b)(2) …
Can a lawyer run a business renting office space and equipment to other lawyers, and is that nonlegal business subject to the ethics rules?
Yes. The opinion concludes that renting office space to other lawyers is a permitted nonlegal business; under Rule 5.7(a)(3) it is subject to the ethics rules only if a renter could reasonably believe…
If a lawyer learns a former client gave perjured testimony in a civil case, must the lawyer act, and can the lawyer disclose it to the tribunal?
Yes, unless the proceeding has concluded. The opinion concluded that ER 3.3 requires a lawyer who learns of a client's false material evidence to take staged remedial measures, ending in disclosure to…
Can one lawyer represent two criminal co-defendants charged in the same case in Alaska?
The opinion concludes that joint representation of criminal co-defendants is a classic concurrent conflict that should ordinarily be declined; it is permitted only in rare cases where the lawyer reaso…
Can lawyers co-own a divorce mediation business with a nonlawyer, accept referrals from it, and enter a reciprocal referral agreement with it?
Lawyers may co-own a mediation business with a nonlawyer only if it provides solely nonlegal services and employs no lawyers to give legal advice; they may accept referrals and enter a non-exclusive r…
In back-to-back A-to-B and B-to-C residential closings handled by one North Carolina lawyer, can the lawyer represent both B and C, and can the lawyer use C's funds to fund B's purchase?
Representing both B and C is a Rule 1.7 conflict that is permissible only if B consents to full disclosure to C and Rule 1.7(b) is met, and the lawyer may not use C's funds for B's purchase before the…
Can a Maine lawyer pay a non-expert (fact) witness for time spent preparing for and giving testimony?
Yes. A Maine lawyer may pay a non-expert witness's reasonable expenses, lost wages, and the value of time spent testifying, preparing to testify, or otherwise helping prepare the case, so long as the …
Can a Utah lawyer reveal a client's identity, who is paying the fee, or the terms of the fee agreement?
Generally no. The opinion concludes that under Rule 1.6 a client's identity, the source of the fee, and the terms of the fee agreement are confidential by default, disclosable only with informed conse…
Can a lawyer who is the sole shareholder of a company act as both its advocate and a necessary witness in a private arbitration?
The opinion concludes the advocate-witness rule (Prof.Cond.R. 3.7(a)) applies to private binding arbitrations, so a lawyer generally may not be both advocate and necessary witness; but a lawyer who is…
Can a law firm borrow money from a bank to advance litigation costs in a contingent-fee case and charge the loan interest back to the client's recovery?
The opinion concludes a law firm may obtain a bank loan to advance litigation costs in a contingent-fee personal injury matter and deduct the loan's interest, fees, and costs from the client's settlem…
After a lawyer changes firms, may she contact the clients she used to represent to tell them she has moved and offer to review their estate plans?
Yes. The opinion concludes that a communication to former clients that is germane to the earlier representation is neither an advertisement nor a solicitation, so Rules 7.1 and 7.3 do not apply; it mu…
Can separate, independent law firms form a PLLC and market themselves jointly as members of 'ABC Law Group PLLC' when they do not actually practice law together?
No. The opinion concludes that 'ABC Law Group PLLC' would be a false, deceptive, and misleading trade name because it implies the member firms are associated in the practice of law within the PLLC whe…
Can a Pennsylvania lawyer throw out old original wills when the clients can't be found?
No. The opinion concludes original signed wills are client property under Rule 1.15 that lawyers must safeguard indefinitely, and may not dispose of them when the testator's location is unknown unless…
Can a part-time assistant county attorney whose office handles only civil work take assigned defense of state parole-violation cases?
Generally yes. The opinion concludes that there is no per se bar when the county attorney's office does no criminal prosecution, the lawyer appears before no county officials, and county law is not at…
What are a Florida lawyer's duties when appointed to represent an alleged incapacitated person in an emergency temporary guardianship, including ex parte hearings?
The lawyer's duties can be harmonized with the guardianship statute even without client contact: investigate as practicable, test the petitioner's case, protect procedural rights, and then notify the …
Can a Florida lawyer accept client payments through Venmo or PayPal, including trust funds?
Yes. A lawyer may accept payments via services like Venmo or PayPal, including entrusted funds, if transaction privacy is protected and entrusted funds are promptly moved into a qualifying trust accou…
Can a former government lawyer in Kentucky disclose information, or testify as a fact or expert witness, about a matter they handled in office?
For a matter the lawyer personally and substantially participated in as a government officer or employee, the lawyer may disclose information or serve as a fact or expert witness only with the appropr…
Can a New Hampshire municipal lawyer who advised a Planning Board on interpreting a zoning ordinance also advise the Zoning Board of Adjustment when the same matter is appealed?
The Committee could not reach consensus, with members split on whether advising both boards creates a conflict under Rules 1.7 and 1.9; it concludes that because conflict analysis is fact-intensive an…
Can a Pennsylvania lawyer use medical marijuana without risking their law license?
Yes, by itself. The opinion concludes that obtaining and using medical marijuana in conformance with Pennsylvania's Medical Marijuana Act should not, on its own, violate the Rules of Professional Cond…
If opposing counsel copies their own client on an email to me, can I 'reply all' to the client without violating the no-contact rule?
The Committee concludes a lawyer who includes the client in the 'to' or 'cc' line of a group email to opposing counsel is deemed to have impliedly consented to a 'reply all' that reaches the client, s…
Do the ethics rules let a lawyer practice virtually with no physical office, and what does the lawyer have to do to comply?
Yes. The opinion concludes the Model Rules permit virtual practice, with no requirement of a brick-and-mortar office, but a lawyer practicing virtually must still meet the duties of competence, dilige…
Can a law firm pay a former lawyer their agreed share of fees on cases they worked on after that lawyer leaves to take public office?
Yes, subject to any governing law. The opinion concludes that paying a departed lawyer a fee share for work performed at the firm is a permitted separation-agreement payment under Rule 1.5(h), not a r…
Can a municipal judge serve on the board of a nonprofit that provides services to the judge's court under a grant contract with the court's funding authority?
The opinion concludes a judge may not serve as a member or officer of a nonprofit board when the nonprofit provides services to the court under a contract with the court's funding authority. The Ohio …
What does 'materially adverse' mean for conflicts with a former or prospective client, and does economic competition count?
The opinion concludes that 'materially adverse' under Rules 1.9 and 1.18 is broader than direct adverseness: it covers suing or negotiating against a former client, attacking the lawyer's own prior wo…
If a court, the prosecutor, or a clerk makes a mistake that benefits a criminal defense client, must the lawyer correct it?
The opinion concludes that a lawyer who learns of an error by the court, opposing counsel, or a third party that benefits the client, and which the lawyer had no role in causing, is not required to ac…
If a D.C. lawyer is asked to help one client respond to a third-party subpoena that seeks information about another of the lawyer's clients, is that a conflict of interest?
The opinion concludes that representing a client in responding to a third-party subpoena for information about another current client is not a conflict unless the lawyer knows, after reasonable dilige…
Can an Oregon law firm give a law school graduate awaiting bar admission the work of a first-year associate?
Yes. The opinion concludes a firm may give an unadmitted law graduate the work it would give a first-year associate, including research, drafting, and witness interviews, if a licensed lawyer supervis…
Can an Oregon probate lawyer take fees from estate funds before a court approves them?
No from estate funds without a court order, qualified. The opinion concludes taking fees from estate assets before court approval is an illegal fee under RPC 1.5(a) and ORS 116.183, but the lawyer may…
Can an Oregon lawyer mail flyers and cold-call or email potential clients to solicit them for a lawsuit?
The opinion concludes a lawyer may mail truthful flyers to potential clients and may make a first cold call, but may not solicit a person who has told the lawyer not to contact them again; emailing th…
Can a lawyer accept client referrals from friends and clients and send them a small thank-you gift without it counting as paying for referrals?
The opinion concludes a lawyer may accept such referrals and may give nominal thank-you gifts, as long as the gifts are tokens of appreciation and not payment given in exchange for or in consideration…
Can a lawyer who represents a trade association also become a dues-paying member of that association?
Yes, qualified. The opinion concludes a lawyer may join a trade-association client as an associate member unless the membership materially limits the lawyer's judgment without the client's written con…
Can an Oregon lawyer write a newspaper legal column, answer readers' legal questions, and speak to community groups about the law?
Yes, qualified. The opinion concludes a lawyer may write a legal column, answer readers' questions, appear on radio or television, and speak to groups, provided the communications are not false or mis…
Can an Oregon lawyer agree to send clients to a nonlawyer business in exchange for that business referring customers back to the lawyer?
No. The opinion concludes a reciprocal client-referral arrangement with a nonlawyer business violates Oregon RPC 7.2 and 5.4(e), but a plain office-sharing arrangement with a nonlawyer that involves n…
Can a lawyer join a business-networking club that requires members to exchange referrals as a condition of membership?
No. The opinion concludes a lawyer may not participate in a networking association whose purpose and membership condition is the reciprocal exchange of business referrals, because a referral is a thin…
Can a law firm market its services by paying to appear in a community welcoming program's profile book and by offering discounts through a health club's member-benefits program?
Yes to the welcoming program, because printed, truthful advertising is allowed under RPC 7.2(a) and 7.1. Yes, qualified, to the health club program: because the firm effectively gives the club a valua…
What ethical duties apply to a Wisconsin lawyer who works remotely or from outside the state?
The opinion concludes that working remotely does not change a lawyer's core duties of competence, diligence, communication, and confidentiality, but heightens the need for technological competence, re…
What must a North Carolina settlement lawyer do to guard against wire fraud, and is the lawyer responsible when a client wires closing funds to a fraudster?
A lawyer who serves as a settlement agent must educate himself and staff about real estate wire fraud, implement reasonable safeguards, and clearly communicate the risks and safe transfer instructions…
Can a North Carolina lawyer advance a client's share of settlement proceeds before the settlement check clears the lawyer's trust account?
Not while litigation is pending or contemplated; Rule 1.8(e)(1) bars financial assistance to a client in connection with litigation other than court costs and expenses. Once the matter is no longer pe…
Can a law firm keep a founding partner's name in the firm name after that partner leaves to take a nonlegal job or becomes Of Counsel?
Yes. The opinion concludes that there has never been a per se bar to keeping a former partner's name in the firm name; a firm may keep it when the partner leaves for nonlegal work or becomes Of Counse…
Can an assistant county attorney moonlight as a paid consultant for the software vendor whose contract with the county the lawyer helped negotiate and implement?
Not unless law expressly allows it. The opinion concludes that Rule 1.11(d)(2) bars the lawyer from negotiating private employment with a vendor party to a matter the lawyer handles, and the arrangeme…
Can a criminal defense firm sign a retainer that limits its work to the pretrial stage and requires the client to hire separate counsel for trial?
Only rarely. The opinion concludes that a pretrial-only criminal retainer is permitted under Rule 1.2(c) only if the limit is reasonable, the client gives informed consent, and it does not prejudice t…
Can a lawyer reveal confidential information to respond to a client's negative online review?
No. The opinion concludes a negative online review, by itself, does not trigger the self-defense exception in Rule 1.6(b)(5), and a public online response that reveals or could lead to client confiden…
When a court-assigned client insists on pressing a motion the lawyer believes is frivolous, can the lawyer just rest on the client's pro se papers or refuse to go further?
No. The opinion concludes that a lawyer may not advance frivolous arguments under Rule 3.1(a); the lawyer may present any non-frivolous arguments, may seek leave to withdraw if the client insists on f…
Can a lawyer pay to join an online matching service that picks 'the best traffic lawyer' for a client and vouches for that lawyer's track record?
No. The opinion concludes that a service that vouches for a lawyer's credentials and recommends the lawyer as the 'best' or 'right' choice is making a prohibited recommendation, so the lawyer's paymen…
When a county defunds its public defender's office, can the office hand its open and closed client files to the county's assigned counsel program?
No, not without client consent. The opinion concludes that the assigned counsel program is not a lawyer or law firm, so the office may deliver open files only to the client or successor counsel and mu…
When may a Virginia lawyer communicate directly with a person who is represented by another lawyer?
Only with that lawyer's consent or when authorized by law. Rule 4.2 is a bright-line rule that applies even if the represented person starts the conversation, but it reaches only communications about …
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.