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 prosecutor talk to an unrepresented criminal defendant about the case after charges are filed but before the first court appearance?
The opinion concluded that yes, a prosecutor may discuss the case with an unrepresented criminal defendant after a formal prosecution has begun by the filing and service of a summons and complaint but…
Can a lawyer knowingly file a small-claims action in a venue chosen only to embarrass, delay, or burden the other side?
The opinion concluded that no. The committee held that knowingly commencing a legal proceeding in an improper venue primarily to burden the defendant violates SCR 20:4.4, which prohibits using means t…
When may a lawyer or law firm use the 'of counsel' title, and what conflicts does the relationship create?
The opinion concluded that, adopting ABA Formal Opinion 90-357, a lawyer or firm may use 'of counsel' (or variants such as 'counsel,' 'special counsel,' or 'senior counsel') only when the relationship…
Can a lawyer give an affidavit about a former joint client's statements to help co-counsel collect a fee from that client?
The committee concluded that the second lawyer could not voluntarily disclose, by affidavit or otherwise, the client's statements about fees owed to co-counsel, because that information was the client…
Must a lawyer follow a 13-year-old client's wishes in a care-and-protection case when professionals think those wishes are against the child's best interests?
The committee concluded that the lawyer must advocate a competent minor client's stated position, and may instead seek to withdraw; only if the lawyer determines the child is incompetent may the lawye…
Can a lawyer phone or mail potential co-plaintiffs to ask them to join litigation, and can the lawyer ask the client to do it instead?
The committee concluded that mailed solicitations must be labeled 'advertising,' telephone solicitation for a fee is prohibited, and a lawyer may not have the client recruit co-plaintiffs to circumven…
Must a lawyer stop a staff member from telling police which client she thinks stole money from her purse at the office?
The committee concluded that the confidentiality duty did not require the lawyer to prevent an employee from giving police the name of the client she suspected, because she observed the apparent theft…
Can a lawyer use a former client's confidential information to fight discharge of unpaid fees in the client's bankruptcy?
The committee concluded the lawyer may use public-record information and, under Rule 1.6(b)(2), confidential information obtained during the representation to establish a claim for unpaid fees in bank…
Can a lawyer who is also a CPA list both professions on the same business card, and what ethics rules apply to running both practices?
The committee concluded a South Carolina lawyer may also practice another profession if he meets both professions' requirements, and the rules do not prohibit showing both on one card or letterhead, t…
Can a lawyer pay a fact witness more than the statutory subpoena fee to cover lost wages, and what limits apply?
The committee did not decide when extra witness payments are allowed by law, but concluded that to the extent such compensation is legally permissible there is no ethical bar, and the lawyer may advan…
Can a South Carolina lawyer associate with an out-of-state lawyer to handle estate planning for South Carolina residents?
The committee concluded the two may serve as co-counsel so long as the South Carolina lawyer stays jointly responsible for the representation, did not learn the clients were improperly solicited, and …
Must an estate's attorney, or a lawyer serving as personal representative, tell a surviving spouse about the right to claim an elective share?
The committee concluded neither the attorney for the estate nor a lawyer acting as personal representative has an ethical duty to inform a surviving spouse of the elective-share right absent an attorn…
Can a lawyer take a contingency fee on the whole recovery and also a percentage of the subrogated insurer's share?
The committee concluded, following the South Carolina Supreme Court's decision in In re Jones, that a lawyer may not take both a contingency fee on the entire recovery and a percentage fee of the subr…
When a client tells the lawyer not to contact a health insurer with a possible subrogation claim, what must the lawyer still do?
The committee concluded the lawyer has no affirmative duty to notify the insurer of the tort action, but the duty of competence requires advising the client, before disbursing settlement funds, that t…
Can a lawyer withhold a former criminal client's file under a retaining lien until the client pays a copying fee?
The committee concluded the attorney may not withhold the file on these facts, because even where a retaining lien exists the lawyer should ordinarily forego it when withholding would prejudice the cl…
Can a trustee's lawyer who discovers the trustee is stealing trust funds warn the beneficiaries or the court?
The committee concluded that, if the lawyer determines the client is reasonably likely to intend a future crime, the lawyer has discretion to reveal it to the beneficiaries or court; a fraud committed…
When a secretary who worked on a case moves to opposing counsel's office, is the new firm disqualified, and what must the old lawyer do?
The committee concluded the opposing firm is not imputedly disqualified merely because it hired the secretary and may continue, provided it makes reasonable efforts under Rule 5.3 to keep her conduct …
Can a lawyer participate in a non-law business that buys and assumes physicians' workers'-compensation accounts receivable?
The committee concluded that whether the business itself is proper is a question of substantive law it does not address, and that participation that does not involve the practice of law is not governe…
Can a lawyer buy the results of a service that phones prospective jurors from the venire list before the term of court?
The committee concluded an attorney may not, without court approval, use or cause the use of any private service that contacts a venire member before jury service is completed, because Rule 3.5 bars i…
Can a former judge represent a party in a dispute over an order the judge himself entered while on the bench?
The committee concluded that under Rule 1.12 the former judge may not represent a party in a dispute over a consent order he entered as a family court judge, because entering even a consent order was …
Can a law firm sue a municipality when one of its lawyers sits on that municipality's city council?
The committee concluded that Rules 1.11 and 1.7(b) could preclude the representation; the firm may proceed only if the client consents after notice and the council-member lawyer is screened, with writ…
Can a South Carolina lawyer agree to review documents for an out-of-state lawyer who runs estate-planning seminars and drafts for SC residents?
The committee concluded the out-of-state lawyer's work for South Carolina residents would be the unauthorized practice of law, that the South Carolina lawyer was barred by Rule 5.5 from assisting it, …
Can a closing law firm get a borrower to sign an advance waiver letting the firm later represent the lender against that borrower?
The committee concluded a firm may limit the scope of its representation of a borrower to closing the loan and obtain the borrower's advance written consent to later represent the lender in disputes, …
If a lawyer is retained by a county to prosecute magistrate-court cases, can he still defend criminal clients in the county's municipal courts?
The committee concluded the lawyer could defend clients in the county's municipal courts, because those charges are brought by municipal police rather than the county whose cases he prosecutes, though…
Can a lawyer telephone people the bar referral service listed who never called the lawyer back?
The committee concluded it would be improper for the lawyer to phone referral-service recipients who never called the office, because no professional relationship existed and Rule 7.3 bars unsolicited…
Can a lawyer advise a client to accept a settlement that requires the client not to voluntarily testify in related cases?
The committee concluded that if the request meant the client should refrain from voluntarily giving relevant information to another party, advising the client to accept would violate Rule 3.4(f) (via …
Must a lawyer disclose a former client's alleged fraud when the evidence is uncertain and tied up with the client's confidences?
The committee concluded that the mandatory fraud-disclosure duty did not apply because the information neither clearly established fraud nor escaped the privileged-communication exception, and that th…
Is Georgia Formal Advisory Opinion 93-2 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 93-2, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Can a lawyer keep suing a company that briefly became a former client when another firm lawyer represented it in an unrelated case?
The committee concluded that a lawyer may continue representing a client against a former client without the former client's consent where the new matter is not the same or substantially related to th…
Can a public defender's office employ as chief investigator the spouse of a sheriff's narcotics investigator?
The committee concluded the public defender's office could employ the investigator's spouse so long as she did not assist or have access to information from lawyers adverse to parties her spouse's div…
Can a lawyer use a musical jingle in radio or TV advertising, or is that too undignified?
The committee concluded that jingle lyrics must meet the same advertising rules as any other ad text, avoiding false or misleading statements and improper specialist claims, but a lawyer could not be …
When opposing counsel won't respond, can a lawyer copy the represented party directly, or tell the client to contact the other party?
The committee concluded that Rule 4.2 bars a lawyer from copying a represented party on settlement letters, but the lawyer may advise the client that the client may contact the other party directly, s…
If a client signs a doctor's lien and later tells the lawyer to ignore it at disbursement, what must the lawyer do with the settlement money?
The committee concluded the lawyer may refuse the client's instruction to disregard a doctor's lien, but if the client disputes the provider's right to payment, the lawyer must notify the provider and…
Can a lawyer charge a contingent fee to non-spouse parties pulled into a divorce case over whether titled property is marital?
The committee concluded that a contingent fee was permissible, because the parents' claim, that property titled in their name was non-marital, did not seek the divorce, alimony, support, or property s…
If a client fires the lawyer early, does the lawyer have to refund the unused part of a non-refundable retainer?
The committee concluded that if a non-refundable retainer is reasonable, the attorney may keep the unused portion after the representation ends, because Rule 1.16(d) permits retaining a reasonable non…
Can a lawyer deposit the firm's own money into a client trust account to cover or avoid bank service charges?
The committee concluded that a lawyer or firm could deposit firm funds in a client trust account to pay or avoid bank service charges, so long as records were kept that identified the ownership of all…
Can a lawyer who is also licensed in another profession, like medicine, advertise both credentials together?
The committee concluded that nothing in the advertising rules barred a lawyer from noting a second professional license, but the lawyer had to avoid statements likely to create a false impression abou…
Can a lawyer sell real estate he owns to a client he is currently representing in the client's divorce?
The committee concluded that the lawyer was not necessarily barred from selling property he held to a current matrimonial client, provided the client had separate counsel on the real estate deal, oppo…
Is Georgia Formal Advisory Opinion 93-1 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 93-1, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Can a bar lawyer referral service charge participating lawyers a percentage of the fee they earn on each referral?
The committee concluded the proposed 10%-of-net-fee charge violated Rule 7.2(c), because a percentage that varies with each lawyer's fee is neither the 'usual charges' of a not-for-profit referral ser…
Can a lawyer sponsor a Welcome Wagon program that has hostesses hand out the lawyer's cards or brochures to new residents?
The committee concluded that distributing a lawyer's advertising through a Welcome Wagon program is not prohibited, but it is advertising subject to Rule 7.2 and, where a contact amounts to solicitati…
Can lawyers in a firm use a separate letterhead that omits the firm name for certain cases, like collections?
The committee concluded that letterhead omitting the firm's name may mislead recipients about the lawyer's firm affiliation and so violates Rules 7.1 and 7.5; a firm may give a lawyer individual lette…
Can a lawyer hired by a conservator to sue for the ward also help the conservator fight the ward's petition to dissolve the conservatorship?
The committee concluded that a lawyer who brought an action for the ward at the conservator's direction may also help the conservator oppose the ward's petition to dissolve the conservatorship, so lon…
Can a law firm co-own with an accounting firm an ancillary business that serves retirement plans and refers legal work back to the firm?
The committee concluded a firm may co-own and refer clients to an ancillary business providing nonlegal services if it complies with Rules 1.7 and 1.8, but not if the business engages in the unauthori…
Can a lawyer report a client's debtor's bounced check to the prosecutor after already winning a civil judgment?
The opinion concluded that reporting a dishonored check to the State's Attorney does not violate the rule against using criminal charges to gain a civil advantage when the civil judgment has already b…
Can a lawyer give a client's will and trust to the client's power-of-attorney agent without the client's permission?
The committee concluded that while the competent client was alive the lawyer could not disclose the will and trust to the power-of-attorney agent without the client's consent under Rule 1.6; if the cl…
Can a law firm give its bank a list of client accounts receivable without the clients' consent?
The opinion concluded that client fee and billing information may be a client secret, so a firm should obtain client consent before disclosing accounts-receivable records identifying clients to the fi…
When a public defender becomes a prosecutor, can he discuss or prosecute the cases he handled as a defender?
The committee concluded the former public defender may not discuss cases he worked on with the solicitor's office except as to generally known client information, and must recuse himself from those ca…
Must a lawyer report another firm's improper client loans, and how should disputed settlement funds be held?
The opinion concluded that reporting is not mandatory under Rule 8.3 unless the lawyer has unprotected actual knowledge of a Rule 8.4(a)(3) or (4) violation; an improper client loan alone is not such …
Can a lawyer who, as an elected official, shares the power to appoint a board's members keep representing that board in litigation?
The committee concluded the Rules of Professional Conduct do not prohibit the lawyer from representing a commission whose members he shares the power to appoint, so he may continue representing it, th…
Can a collection lawyer garnish a bank's account for one client when the lawyer also represents that bank in other collection matters?
The opinion concluded that a collection lawyer who garnishes the account of a bank he also represents in unrelated matters has at most a potential conflict; he may proceed if he reasonably believes th…
Can a part-time public defender handle a post-conviction case claiming another public defender in the same corporation erred at trial?
The committee concluded that where the part-time public defenders maintain separate offices and do not share employees or cases, they do not form a single firm for purposes of imputed disqualification…
Can an Illinois lawyer pay to participate in a for-profit telephone or computerized client referral service?
The opinion concluded that a lawyer may not participate in a for-profit computerized telephone referral service, because Rule 7.2(b) permits paying the usual charges only of a not-for-profit referral …
Can a former lawyer use information from the representation, like surveillance photos, against the ex-client in a later proceeding?
The opinion concluded that under Rules 1.9 and 1.6 a lawyer may not use information relating to a former representation to the ex-client's disadvantage, whenever obtained, except to the extent necessa…
Can a lawyer confer with a judge about the case of the judge's spouse, when the judge has no official role in that case?
The opinion concluded that a lawyer does not violate the ex parte communication rule by conferring with a judge about the case of the judge's spouse, because the judge has only a personal, not an offi…
Can a lawyer take on a client who was first advised and worked up by a nonlawyer claims-investigation firm?
The opinion concluded that a lawyer does not aid the unauthorized practice of law by merely accepting a client previously served by a nonlawyer claims firm, so long as the lawyer independently pursues…
Can a part-time prosecutor take private civil clients in matters that grow out of criminal cases he prosecuted?
The opinion concluded that it is improper for a part-time assistant state's attorney to simultaneously or later represent civil litigants in matters arising out of the same facts as criminal cases he …
If a firm represents prosecutors in a private civil case, can the firm's lawyers still defend criminal cases against those same prosecutors?
The opinion concluded that a firm representing prosecutors in an unrelated civil matter is not per se disqualified from opposing them in criminal cases; because criminal defense is not directly advers…
Can a lawyer pull names of DUI defendants from court files and mail them solicitation letters?
The opinion concluded that a lawyer may send targeted direct-mail solicitations to a group of people already involved in litigation, such as recently charged DUI defendants, so long as the mailing com…
Can a lawyer who practices before the IRS give a tax agent's family discounted fees in exchange for the agent helping the lawyer's career?
The opinion concluded that a lawyer practicing before the IRS may not give reduced fees to an IRS agent's family in exchange for the agent furthering the lawyer's career, because the discount is a thi…
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.