Legal Ethics Opinions
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My firm runs free public seminars on a field of law and advertises them in a statewide newspaper. The ad touts one legal instrument over another but carries the RI specialization disclaimer. Does it comply with Rule 7.1?
The Panel concluded the seminar advertisement did not violate Rule 7.1; although it implied a concentration by the firm, it contained the Rule 7.4 statement that Rhode Island has no procedure for cert…
Can my firm run a newspaper ad that touts our prior 'largest jury award in New England history' if we include a disclaimer that each case is unique and results are not guaranteed?
The Panel concluded that any reference to a prior favorable verdict in an advertisement violates Rule 7.1(b) as misleading, notwithstanding disclaimers, so it could not condone the ad; it also could n…
My firm's clients want to pay for and run an ad to recruit more class-action plaintiffs, and it praises my firm. Does the ad have to follow the lawyer advertising rules, and does this one comply?
The Panel concluded that an ad paid for and run by clients is still subject to the advertising rules because it contains information about legal services, and that this ad violated Rule 7.1: 'top notc…
Rule 1.8(e) bars advancing money to a client in litigation. Does that also stop me from lending a client money for something unrelated to the case, through a loan agreement?
The Panel concluded that Rule 1.8(e) applies only to financial assistance connected to litigation, so Rule 1.8 does not outright prohibit lending a client funds for purposes unrelated to the represent…
Can government attorneys use information from a grand jury investigation to bring a civil suit against the same target their office investigated?
The opinion concluded that using grand jury information to bring a civil suit against the target does not violate Rule 1.11, provided the same governmental agency that convened and conducted the grand…
What is a lawyer's ethical duty when the IRS demands information on a Form 8300 that the lawyer believes is confidential or privileged?
The opinion concluded that a lawyer who claimed confidentiality on a Form 8300 must, if served with a facially sufficient summons, make a good-faith determination whether a privilege applies, assert a…
Can a lawyer bill more than one client for the same hours or recycled work, charge overhead as an expense, or add a surcharge to third-party costs like expert witnesses or computer research?
The opinion concluded that a lawyer must disclose the basis for both fees and other charges, may not bill more time than actually spent (and so cannot bill two clients for the same hours or charge a s…
What must an Ohio lawyer do after a public records search turns up a memo that appears to be attorney-client privileged?
The opinion concluded that a lawyer who innocently obtains an inadvertently disclosed privileged memorandum through a public records search has no ethical duty to refrain from reading it or from telli…
Can lawyers from different divisions of the same legal aid society represent opposing parties in Ohio?
The opinion concluded that two attorneys from separate divisions of a legal aid society may not represent opposing parties unless it is obvious each can adequately represent the parties and the partie…
May a lawyer-mediator draft documents ancillary to a settlement, such as a divorce judgment, promissory note, or deed, not just the settlement agreement itself?
The opinion concluded yes; a lawyer-mediator under Rule 3.4(h) may prepare ancillary documents that merely reflect the parties' resolution, provided the other conditions of the rule, including advisin…
After litigation ends, may a lawyer write directly to the opposing party about a post-judgment matter, or must contact still go through that party's counsel of record?
The opinion concluded the lawyer may not; where the lawyer has actual knowledge the opposing party is still represented by counsel of record in the matter, the communication must go to that counsel, e…
Can a lawyer accept and keep a commission for recommending that corporate clients use a particular company as their registered agent?
The opinion concluded that a lawyer may not retain a referral fee or commission from a third party for referring a client's business. Any such payment must be disclosed to the client, the client must …
Can a D.C. law firm put a nonlawyer partner's name in the firm name, and what disclosure is required?
The opinion concluded that, where the partnership complies with D.C. Rule 5.4(b), a nonlawyer partner's name may be included in the firm name, but the firm must make clear on its letterhead, business …
If a lawyer learns during a deposition or sworn statement that a non-client probably committed tax crimes, must the lawyer report it, and can the lawyer report it without the client's consent?
The opinion concluded that a lawyer has no ethical duty to report a non-client's probable past criminal violation learned in a deposition or sworn statement; absent a legal duty, the lawyer may report…
Can an insurer hire defense counsel for its insured on the condition that the insurer controls litigation decisions like depositions, experts, and pretrial strategy?
The opinion concluded that defense counsel may not enter any agreement that delegates to a third-party insurer the lawyer's duty to exercise independent professional judgment for the insured, even tho…
Must a public defender give an indigent client a free copy of the trial transcript for a post-conviction challenge?
Yes, when needed. Georgia FAO 93-4 concluded that Standard 22(b) requires a criminal defense lawyer to give indigent clients copies of transcripts, without cost, whenever that is necessary to avoid fo…
May a lawyer pay dues to join a national directory network that lists members to mortgage companies seeking foreclosure counsel, or is that a barred payment for client referrals?
The opinion concluded a lawyer may join; a network that lists members in a paid directory and supplies their names on request is permissible directory advertising under Rule 3.9(f)(2), not a prohibite…
Can a lawyer in a civil case contact the other side's retained expert witness directly, without first getting the opposing counsel's permission?
The opinion concluded that the Model Rules do not flatly prohibit ex parte contact with an opposing party's expert witness, but a lawyer who makes such contact may violate Model Rule 3.4(c) if the cas…
Can lawyers who leave a firm use the name of a deceased partner from that old firm in the name of their new firm?
The Committee concluded they may not. Rule 7.04 lets a firm keep a deceased or retired lawyer's name only if that lawyer was a member of the firm or of a predecessor firm in a continuing line of succe…
Can a lawyer mail a confession of judgment to the unrepresented opposing party for signature so child support can be paid through the clerk of court?
Yes. The opinion concluded that a lawyer may draft and send a confession of judgment to an unrepresented adverse party for signature, as long as the lawyer does not advise the party about the document…
Can a lawyer run TV commercials using actors playing fictional satisfied clients based on the lawyer's representative cases?
No. The opinion concluded that dramatized commercials using actors as fictional clients are materially misleading under Rule 2.1, and a 'Dramatization' disclaimer does not cure the violation. The Stat…
When an insurer has paid its full limits and is released from the duty to defend, what must the lawyer it retained tell the insureds about whether they are still represented?
The opinion concluded that once the insurer has paid its full limits and is statutorily released from the duty to defend, the lawyer it retained must promptly inform the insureds in writing that he wi…
Can a lawyer charge a one-third contingent fee to collect delinquent child support for a custodial parent who cannot afford to pay legal fees up front?
Yes. The opinion concluded that an attorney may charge and collect a one-third contingent fee on funds recovered for delinquent child support where the custodial parent has insufficient means to pay l…
Can a lawyer represent a city council member while also handling matters that may come before the council, and appear before the council on other clients' behalf?
The opinion concluded that a lawyer may represent clients before an elected or appointed governing body while or after representing a member of that body, so long as the lawyer does not use the relati…
Can a lawyer disclose a client's identity on IRS Form 8300 when paid more than $10,000 in cash, or does confidentiality bar it?
The opinion concluded that disclosing the information required on Form 8300 under IRC 60501 does not violate the confidentiality rule, and that a lawyer offered more than $10,000 in cash must explain …
Can a lawyer take a contingent fee to attack a divorce property settlement in a separate action after the divorce?
The Committee concluded that even after a divorce decree has been entered, a lawyer may not take a contingent fee to represent a spouse in a later independent action seeking to rescind or alter a rela…
In a custody dispute, can a parent's lawyer meet with the minor children without the guardian ad litem's permission?
The opinion concluded that a minor child is not a 'party' to the parents' divorce, so the no-contact-with-a-represented-party rule did not apply, and a parent's counsel could meet with the children wi…
I represent a doctor before the medical board and my co-counsel wants to cross-examine the board's expert, a doctor I have separately represented. Does Rule 1.7 forbid it?
The Panel concluded that Rule 1.7 did not prohibit the arrangement because the two representations were not directly adverse and neither was materially limited, but it reminded the attorney not to rev…
I am a police-department lawyer and Assistant City Solicitor. Can I do paid research for private law firms or take referral fees in cases involving my city?
The Panel concludes the attorney, who is City A's lawyer as an Assistant City Solicitor, may not represent anyone directly adverse to City A under Rule 1.7, and that under Rule 1.11 he may not do firm…
I represented an institution years ago. Can I now represent a client suing that institution on an unrelated matter?
The Panel concludes that because no substantial relationship exists between the past representation of the institution and the proposed representation, the attorney may undertake the new matter under …
I represent a class suing an academic institution. Can I also represent an employee of that institution in a separate suit against it?
The Panel concludes Rule 1.7 does not preclude the attorney from representing the employee, because on the facts the employee's interests do not appear adverse to the interests of the clients in the c…
I learned my client allegedly forged signatures, and after withdrawing the client wants the documents, the examiner's report, and the test sheets back. Can I disclose, and must I return them?
The Panel concludes the attorney may not disclose knowledge of the client's alleged forgeries because Rule 1.6's exceptions do not apply and the duty of confidentiality survives termination, and that …
Our city law department defends municipal employees in a negligence suit but has also prosecuted some of them. Can we keep representing those employees?
The Panel concludes the municipal law department may not continue to represent employees it has prosecuted or who are in positions adverse to the municipality, because their interests are directly adv…
Can one lawyer jointly represent a husband and wife who want help negotiating the terms of their divorce?
The opinion concluded that a lawyer may not jointly represent a divorcing husband and wife who seek the lawyer's help in reaching agreement on the terms of their divorce, because Rule 1.7(a) bars repr…
How early can a Michigan judicial candidate form a campaign committee and accept contributions before the fundraising period?
The opinion concluded that a judicial candidate may form and register a campaign committee before the 180-day fundraising period, may make personal contributions and have the committee make expenditur…
Can a lawyer or firm argue one legal position for one client while arguing the directly opposite position for another client in a different, unrelated pending case?
The opinion concluded that when a lawyer is asked to advocate a substantive legal position directly contrary to one the lawyer or firm is urging for another client in a different, unrelated pending ma…
Can a former Ohio judge use 'Judge' or 'Honorable' on law firm letterhead or business cards?
The opinion concluded that a former judge returning to private practice may not use titles like 'Judge,' 'Honorable,' or 'Former Judge' on letterheads or business cards, but may state prior judicial p…
Can a lawyer call a retainer or advance fee 'non-refundable' in the fee agreement?
The opinion concluded a lawyer may not characterize a fee as non-refundable or use language suggesting that a fee paid before services are rendered is not subject to refund or adjustment, because it i…
Can a lawyer list on letterhead other states where the lawyer is admitted but on inactive status?
The Committee concluded that a lawyer may list on letterhead the states where the lawyer is admitted but currently inactive only if the listing is qualified to indicate the inactive status, such as an…
Can a Michigan law firm name itself after a surname that no lawyer in the firm has, such as the name of a historic building?
The opinion concluded a firm may use a common surname as its name even though no lawyer with that name practices there, as long as the name is not otherwise misleading or deceptive; here the name came…
Can a law firm pay a non-lawyer for valuable help with litigation, such as locating an expert witness, without violating the fee-splitting rule?
The opinion concluded a firm may pay a non-lawyer for services rendered to the lawyer (such as advice and help securing an expert witness) without violating Rule 5.4, but may not pay the non-lawyer an…
I am a shareholder in a closely-held corporation. Can I also serve as the corporation's lawyer?
The Panel concludes the shareholder may represent the corporation under Rule 1.7 only if the attorney believes the representation will not be materially limited by his own interests as a shareholder -…
I am legal counsel to a town's school committee. Can I represent a client before a state agency where the town itself is the adverse party?
The Panel concludes Rule 1.7(a) does not preclude the representation, because the attorney's client-lawyer relationship is with the school committee, not Town A, so representing the client against the…
My former partner left our now-dissolved firm and the practice of law, leaving a client whose mail bounced. What duty do I owe that client?
The Panel concludes that the inquiring attorney's duty to assure a former partner's compliance ended when the partner left the firm, and that absent an undertaking to represent the client, the attorne…
I represent a defendant in a personal injury case, and the plaintiff's treating physician -- who may testify -- is my former client. Is that a conflict?
The Panel concludes the attorney may represent the defendant in conformity with Rule 1.9, because the matters are not the same or substantially related and the defendant's interests are not materially…
I prepared a patent assignment for two co-clients who now dispute it. Must I withdraw, can I share the terms with one's new lawyer, and what is in the file?
The Panel concludes the lawyer, having acted as intermediary, must withdraw under Rule 2.2 now that the co-clients dispute the intermediation's subject, may communicate the assignment terms to a co-cl…
I formed a close corporation for two clients and served as its counsel; can I now represent one shareholder against the other in their dispute?
The Panel concludes that if the attorney acted as an intermediary in organizing the corporation he must withdraw and cannot continue to represent one client in the intermediation's subject matter, and…
Which fees must a lawyer hold in the trust account, and are nonrefundable or true retainers earned on receipt?
The opinion concluded that earned fees, including true retainers and agreed nonrefundable fees, are not placed in trust, while unearned fees and advances for costs must be, and that a flat fee coverin…
Can a bank charge loan applicants a fee for mortgage documents its salaried in-house lawyer prepares when the bank keeps the whole fee?
The Committee concluded it cannot. If the bank charges the applicant a fee specifically for the in-house lawyer's preparation of the applicant's loan documents, that is a fee for legal services, and t…
Can an out-of-state law firm pay 'runners' to recommend the firm to injured railroad workers in another state?
No. The opinion concluded that paying nonlawyer runners to recommend a firm violates Rule 7.2(c), and an out-of-state firm soliciting Montana cases is bound by Montana's rules, with possible unauthori…
What does a lawyer do with documents a client hands over that may actually belong to the client's former employer?
The opinion concluded that a lawyer should return documents to the client, on request, where the client has a plausible claim to own them. For documents the client has no claim to, the lawyer should r…
Can a law firm's partnership agreement delay paying out a departing partner's capital account if the partner keeps practicing law in the same area?
The opinion concluded that a partnership agreement that delays paying a withdrawn partner's capital-account funds for up to five years if the partner practices law in the Washington area violates Rule…
If a lawyer's nonlawyer staff member discloses a client's confidences to outsiders, can the lawyer or the firm's partners be disciplined for it?
The opinion concluded a lawyer is not automatically disciplined; the lawyer or supervising partners are subject to discipline only if they failed to exercise reasonable care to train, monitor, and dis…
Does a California lawyer violate Rule 1-400(C) by knowingly using a private investigator to contact prospective clients and refer them to the lawyer, even when the lawyer does not pay the investigator for the referrals?
The opinion concluded that the knowing use by an attorney of a private investigator to personally contact prospective clients and refer them to the attorney constitutes unethical solicitation in viola…
Can a lawyer have a client hand a settlement offer directly to a represented opposing party in Michigan?
The opinion concluded that a lawyer may not instruct a client to tender a settlement offer directly to a represented opposing party without that party's counsel's consent, because MRPC 4.2 and 8.4(a) …
Must a lawyer appointed as a ward's next friend withdraw when the ward sues the lawyer for conspiracy?
The opinion concluded that a lawyer appointed as next friend is not per se required to withdraw merely because the ward files suit against the lawyer; the appointing judge decides whether withdrawal i…
Can a prosecutor make a plea deal conditional on the defendant's appointed or pro bono lawyer waiving their attorney's fees?
No. Georgia FAO 93-3 concluded it is unethical for a prosecutor to condition a plea agreement on appointed or pro bono defense counsel waiving any claim for attorney's fees, because it creates a non-w…
Can I charge nonclient adversaries a court-equivalent fee for photocopies of nonconfidential public-record documents produced on behalf of my clients?
The Panel perceives no violation of the Rules of Professional Conduct in the attorney's proposed conduct -- charging nonclient adversaries a fee equivalent to a court's charge for photocopies of publi…
My partner is counsel to a town's water supply board. Can either of us represent private clients before that town's zoning board of review?
The Panel concludes that because the attorney's client-lawyer relationship is only with the water supply board -- not the zoning board or the municipality -- and the agencies are not interconnected, b…
I am a lawyer and a certified public accountant. Can I list 'CPA' in my advertising, on my letterhead, and on my business cards?
The Panel concludes the attorney may designate 'CPA' in advertising and on letterheads, because Rules 7.1, 7.5, and 7.4 do not prohibit indicating that a lawyer is also qualified in another field such…
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.