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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May a county prosecutor also serve as a municipal prosecutor in the same county?
Generally yes. The opinion finds no automatic conflict, but says case-specific conflicts may require a special prosecutor and a generalized conflict would require resignation from one office.
May a lawyer charge a separate or contingent fee to collect medical-payments insurance coverage?
The opinion permits a fee reasonably tied to substantial collection effort, including a contingent fee in some cases, and says the actual fee must be reasonable.
What must defense counsel do when the client seeks a prosecutor’s disqualification based on alleged drug-purchase facts?
If counsel believes the facts support removal, the opinion requires action to remove the prosecutor. It permits asking for voluntary withdrawal or moving to disqualify; if counsel will do neither…
May a firm use an anniversary logo reflecting a predecessor’s age on its letterhead?
Yes, if surrounding information makes clear that the current firm itself has not existed for all those years and instead follows a direct line of succession.
May a firm disclose hostile letters from a rejected potential client to authorities?
The opinion permits disclosure of information received after the firm clearly said it would not represent the person. It does not find a basis on the stated facts to disclose information from the…
Must a lawyer independently notify an uninsured-motorist carrier after discovering possible liability coverage from a hit-and-run driver?
No independent notice duty arises under Supreme Court Rule 4, the opinion says. The lawyer must assess the client’s legal obligations, advise the client, and seek withdrawal if the chosen course…
Could a part-time municipal judge defend a person in another court for conduct inside the municipality?
No, if the conduct could also lead to a municipal charge, according to the opinion.
Should malpractice counsel report another lawyer's liability-limitation agreement with an unrepresented client?
The opinion said to report the described information to OCDC if the current client consented, while declining to decide whether the other lawyer violated a rule.
What did the opinion require when a lawyer could reach only one of three plaintiffs before trial?
It called for notice attempts to the missing clients, continued contact efforts, and consultation with the reachable plaintiff. Depending on that client's instructions, the lawyer could seek a…
Could defense counsel continue after the former lawyer for the plaintiff joined counsel's firm?
Only with the plaintiff's consent. The opinion applied Rules 4-1.9 and 4-1.10 to the refiled personal-injury case.
Could an out-of-state lawyer who relocated to Missouri appear there pro hac vice while admission was pending?
No. The opinion said Missouri Supreme Court Rule 9.03 applied to visiting lawyers, and a relocated lawyer was not visiting.
Could a firm representing a minor in injury litigation also represent the guardian's husband in divorce?
Only with consent from the mother and husband after full disclosure. The opinion found a firm conflict under Rules 4-1.7 and 4-1.10 because divorce work could harm the firm's relationship with the…
Could opposing counsel directly contact a represented employer’s hourly employees who witnessed alleged misconduct?
Yes on the stated facts. The opinion permitted direct contact with nonmanagerial employees who had not participated in the underlying conversations or termination investigation, while warning that…
Can a lawyer narrow the scope of a representation to carve out the part that would conflict with another current or former client?
Yes. A lawyer may limit a representation to eliminate the adverse portion and avoid a conflict, if the client consents after full disclosure and the limited representation is still adequate; the…
Can one law firm represent clients with differing interests in a corporate deal, or a client adverse to another firm client in a separate matter?
Yes, with disclosure and informed consent, if a disinterested lawyer would believe the firm can competently represent each client; the transactional context is judged more flexibly than litigation,…
How long must a California lawyer keep a former client's closed file, and when may the lawyer destroy it?
Per California Formal Opinion 2001-157, original papers and property the client gave the lawyer (including documents delivered under Probate Code section 710) are governed by the law of deposits or…
When a city attorney advises both the city council and the mayor on the same matter and they take antagonistic positions, does that representation create a Rule 3-310(C) conflict of interest?
Per California Formal Opinion 2001-156, ordinarily no, because the city attorney has only one client (the city itself, acting through its constituent sub-entities and officials under former Rule…
Is a California law firm's public Internet website (describing the firm and offering email contact) a regulated 'communication' or 'solicitation' under former Rule 1-400, and what cross-jurisdictional considerations apply?
Per California Formal Opinion 2001-155, the website is a 'communication' under former Rule 1-400(A) and an 'advertisement' under Business and Professions Code sections 6157-6158.3, so all rules…
If someone emails confidential information to a firm through its website, can the firm still represent the opposing existing client, and can it use the information?
Receiving an unsolicited email does not by itself disqualify the firm from representing an existing client in the same matter; but absent an adequate website warning that the information will not be…
Can a lawyer answer legal questions and post articles on an online listserve or message board without violating the confidentiality, conflict, and advertising rules?
The committee concluded there is no single answer: answering general legal questions usually does not create representation, but answering specific questions can create an attorney-client…
Can a lawyer join a barter and referral club where members trade services and refer clients to each other?
Yes, with a condition. The opinion concluded a lawyer may join a barter club like BNI or TBI without violating Rules 7.2(c) or 7.3, but the lawyer must make a good faith determination, for each…
Are flat fees allowed in Washington, where should a flat fee be deposited, and what if the work isn't finished?
Flat fees are allowed if reasonable. The committee concluded a flat fee does not violate the RPCs but must be reasonable under RPC 1.5 (and may be unreasonable if the relationship ends before the…
When a lawyer holds a minor's blocked settlement account, must the lawyer share account information with the child's mother and report concerns to the court?
The committee concluded that RPC 1.4(a) requires complying with reasonable requests for information (for a minor, typically through a guardian), that the account records are client property the…
Can an estate-planning lawyer who is also a licensed insurance agent split an insurance commission on a product recommended to the client?
No. The committee concluded that a lawyer providing non-legal services for profit in conjunction with legal representation, such as splitting an insurance commission on a life-insurance trust…
Can a lawyer send a solicitation by email if the same content would be allowed in a solicitation letter under RPC 7.3(b)?
Yes, on the same terms as a letter. The committee concluded that if a single email's content could be sent in letter form in compliance with RPC 7.3(b), sending it by email also complies, provided…
Can a lawyer charge a contingency-fee client interest on litigation costs the lawyer advances?
Yes, with conditions. The committee concluded that a lawyer may provide in the written fee agreement, at the start of a contingency-fee representation, that advanced costs accrue interest after a…
Can a lawyer give a client in litigation money for an emergency, or lend it, under RPC 1.8(e)?
A gift yes, a loan no. The committee concluded that a lawyer may make a bona fide gift with true donative intent without violating RPC 1.8(e), but may not make a loan to a client under RPC 1.8(e);…
Can a law firm let a prepaid legal plan link to the firm's website and publish 'success stories' about the firm's lawyers?
Yes, with limits. The committee concluded that allowing a prepaid legal plan to link from its website to the firm's site is not restricted by the RPCs, and that 'editorials' or 'success stories' may…
Can a Washington lawyer place client trust funds in a higher-interest uninsured account with client consent, and must funds over the FDIC limit be split across banks?
No to both. The committee concluded RPC 1.14's requirement that trust funds sit in insured 'qualified public depositories' is mandatory and cannot be waived by client consent, and that RPC 1.14 does…
Can a lawyer in a county bar referral service call a referred prospective client first, before the client contacts the lawyer?
No. The committee concluded that RPC 7.3(a) does not permit participating attorneys to initiate telephone or personal contact with prospective clients referred by a county bar lawyer referral…
Can a Washington lawyer pay for a listing in an out-of-state Internet legal directory like Martindale-Hubbell?
Yes, subject to the advertising rules. The committee concluded that web-based legal directories fall under RPC 7.2 just as print directories do, and that RPC 7.1 applies through RPC 7.2(a); the…
Can a lawyer who is also a CPA sign a CPA firm's noncompete that bars providing tax-related legal services to the firm's clients after leaving?
No, as drafted. The committee concluded the noncompete would violate RPC 5.6 because it restricted the lawyer's right to practice after termination, and that a damages-only remedy was still a…
Can a law firm pay a non-lawyer lobbyist based on the fees the firm collects from clients the lobbyist refers?
No. The committee concluded that RPC 5.4 bars sharing legal fees with non-lawyers and RPC 7.2 bars paying referral fees for channeling work; any profit-sharing that includes non-lawyers must be…
Can a lawyer jointly represent civil co-defendants where one defers control to the paying client, and take an advance waiver of future conflicts?
Yes, within limits. The committee concluded the RPCs do not bar joint representation of civil co-defendants; RPC 1.7 requires written consent after consultation and disclosure, RPC 1.2(c) lets a…
Can a retired, inactive lawyer's retirement agreement with the former firm include a percentage 'referral fee' on fees generated?
No as to the referral fee. The committee concluded that the agreement's percentage 'referral fee' violates RPC 7.2, but retirement payments and compensation for future non-lawyer services that do…
May a Washington lawyer join a for-profit website that lists lawyers offering fixed-fee or reduced-rate services?
Yes. The committee concluded that, under RPC 5.4(a) and 7.2(a), a lawyer is not prohibited from joining a for-profit Internet site giving users access to lawyers willing to work for fixed fees or…
Can a lawyer advance a client's living expenses as 'expenses of litigation' under Washington RPC 1.8(e)?
No. The committee recommended that the phrase 'expenses of litigation' in RPC 1.8(e) not be modified or expanded to include a client's 'living expenses.'
Can a lawyer refer a client to another lawyer with whom the referring lawyer shares a business interest, such as a co-owned office corporation?
Yes, with conditions. The committee concluded the Rules of Professional Conduct do not prohibit referring a client to a lawyer with whom the referring lawyer has a common business interest, but the…
Do the ethics rules apply to a government lawyer in a job that does not require a law license, and what governs when a matter cannot be pursued in good faith?
Yes. The committee concluded the RPCs apply to all Washington-licensed lawyers regardless of how the employer characterizes the position; RPC 3.1 governs the lawyer's responsibilities when a matter…
Does Washington RPC 7.4 require board-certification disclaimers on a lawyer's business cards and letterhead?
Yes. The committee concluded that RPC 7.4 applies to business cards and letterhead, and that stating board certification there without the disclaimers RPC 7.4(b) mandates would violate RPC 7.1(a),…
When may a lawyer's website link to educational or law-related sites, and what advertising records should be kept?
The committee approved links to educational or law-related sites with the described disclaimer and compliance with RPC 7.1 and 7.2. It advised keeping advertisement copies for two years and a list…
Can a lawyer who did collections and eviction work for a hospital later sue that hospital for malpractice on behalf of a new client?
Yes, if the matters are not substantially related. Assuming a former attorney-client relationship with the hospital, the committee concluded RPC 1.7 and 1.8 did not apply (the hospital was not a…
Can a lawyer mail advertising brochures to a recently incarcerated person?
Yes. The committee concluded that the rules do not prohibit a lawyer from soliciting a prospective client by mailing truthful, non-misleading advertisements, even to a recently incarcerated…
Can a lawyer advertise under a name different from the one they are licensed under?
No. The committee concluded that advertising under a name other than the lawyer's licensed name (here, adding a maternal surname) is false and inherently misleading in violation of RPC 7.1(a) and…
Can a lawyer bill costs as a flat percentage of the fee instead of itemizing them?
Yes. The committee concluded that a lawyer may add a flat percentage to a client's bill (for example, 2% or 3%) in lieu of itemizing costs such as long-distance calls, postage, copying, and faxes,…
Can a lawyer pay administrative fees to a for-profit lawyer referral service in Washington?
No. The committee concluded that, unlike a not-for-profit referral service, RPC 7.2(c) bars a lawyer from an agreement with a for-profit lawyer referral service that requires the lawyer to pay the…
Under Nebraska's former ethics code, which file materials had to be delivered to a client on demand, and who paid for the lawyer's retained copy?
The 2001 opinion required prompt delivery of client-provided materials, discovery, correspondence, and work bearing on the client's business. A lawyer retaining a copy paid the copying cost unless…
Under Nebraska's former ethics code, how did spousal conflicts affect two public-defense agencies representing criminal co-defendants?
The 2001 opinion allowed screening rather than office-wide disqualification. When one spouse represented a co-defendant, both clients needed disclosure and consent; when neither spouse participated,…
Can a lawyer break client confidentiality to alert family or authorities when a client threatens suicide?
The committee concluded a lawyer could notify family, protective agencies, police, or the client's doctors to prevent a threatened suicide if she reasonably believed the threat was real and the…
What did Arizona Opinion 01-14 require when defense counsel learned a client used a false name in trial court while an appeal was pending?
The opinion says counsel could not file an appellate brief repeating the false identity. Counsel should address it with the client, seek withdrawal if the client persists, and if withdrawal is…
Could an Arizona prosecutor reveal discussions with law enforcement witnesses under Opinion 01-13?
Opinion 01-13 says law enforcement witnesses are not the prosecutor's clients, so their discussions are not ER 1.6 client confidences. It requires disclosure of information tending to negate guilt…
How did Arizona Opinion 01-12 analyze a public defender's relationship with a law enforcement witness?
The opinion finds a likely nonwaivable conflict in most cases where the lawyer defends a client and the romantic partner officer will testify, while rejecting automatic imputation to the whole…
Could an Arizona firm bill clients for a contractor's benefits-application work and charge more than its direct cost?
Opinion 01-11 permits passing through disclosed contractor costs and a surcharge tied to reasonable overhead, with client consent. It conditions use of the nonlawyer agency on supervision,…
Could a Vermont part-time prosecutor represent a private client against the State in unrelated civil litigation?
Opinion 01-11 permitted the prosecutor’s private representation in an unrelated civil matter outside the prosecutor’s jurisdiction. It also found no conflict from the Attorney General’s office…
Must a part-time municipal judge resign when filing to run for nonjudicial public office?
Yes. The committee said the part-time exemption did not cover Rule 21-700(C), which required a judge to resign immediately on filing a candidacy statement for nonjudicial public office.
Could cohabiting Arizona prosecutor and defender lawyers work opposite each other in the same criminal case?
Opinion 01-10 permits opposite-side representation only if neither lawyer expects a material limitation and both clients give informed consent; authority for the prosecutor's government client to…
Could a Vermont public defender represent a client against the Department of Corrections when the defender’s spouse worked there?
Opinion 01-10 allowed the representation when the spouse had no involvement in the matter. If the spouse’s actions were involved, the defender had to stay out; another office lawyer could handle it…
Under Nebraska's former ethics code, could defense counsel interview investigating law-enforcement witnesses without the prosecutor's consent?
Yes. The 2001 opinion found that officers were not represented by the county attorney merely because they investigated the case and that a prosecutor could not deny defense counsel access to those…
Can a lawyer be 'of counsel' to two different law firms at the same time?
The committee concluded a lawyer could be of counsel to two firms if he did regular, continuous legal work for both, but the relationship made the two firms one for conflict-checking and required…
May a judge finance a building sale to a lawyer who rents the building and appears in the judge's court?
If commercial financing was available, the committee said the judge had to avoid a continuing financial relationship with the purchasing lawyer. Tax consequences did not change that conclusion.
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.