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 lawyer suing a former client for unpaid fees act as both advocate and witness, and can a firm colleague handle the case instead?
The opinion concluded that although a lawyer generally should not be both advocate and witness at the same trial, a lawyer's suit to collect fees from a former client is an express exception under Rul…
A lawyer learns from a doctor-client that another lawyer is too senile to practice; can or must the lawyer report it?
The opinion concluded that a lawyer who learns through a privileged communication from a doctor-client that another lawyer is senile and incompetent may not use or reveal that information and has no m…
Can a lawyer steer a client to a finance company for a loan to pay the lawyer's fee, and discount the fee in return?
The opinion concluded that a lawyer may ethically help a client obtain a third-party loan to pay fees, because the loan runs between client and lender (not prohibited financial assistance under Rule 1…
Can a company recommend its own law firm to its employees and arrange a reduced hourly rate for them?
The opinion concluded that an arrangement in which the employer, not the lawyer, recommends the firm to employees at a guaranteed reduced rate conforms to the Rules, because no attorney solicitation i…
Can a law firm hire outside solo attorneys hourly to cover court calls and depositions, and must it tell the client?
The opinion concluded that a firm may hire unaffiliated lawyers on an hourly basis to cover motions and depositions if it obtains the client's informed consent to the delegation under Rules 1.1(c) and…
Can a defense lawyer represent a client being prosecuted by an assistant DA the lawyer is dating, and is the lawyer's whole firm disqualified?
The opinion concluded a lawyer in a frequent dating relationship with the prosecuting assistant DA may not defend that prosecutor's cases, because client consent cannot cure the conflict in a criminal…
Can a lawyer put advertising materials in an information packet that a car dealer hands to people buying cars?
The opinion concluded a lawyer may place advertising material in a car dealer's information package for car buyers, so long as the ad is not false or misleading, the dealer does not discuss or endorse…
Can a New York law firm form a partnership with a foreign law firm organized as a stock company?
The opinion concluded that a New York law firm may partner with a Swedish law firm organized as a stock company, provided the New York lawyers confirm the Swedish lawyers' training and ethical standar…
Can a part-time municipal lawyer defend criminal cases in the local court, and can they handle civil matters there?
The opinion concluded that part-time municipal attorneys, whatever their title, may not undertake criminal defense before the courts of the locality they serve, but there is no per se bar on represent…
Can a parent's lawyer in a custody case question the child without the consent of the child's court-appointed law guardian?
The opinion concluded that a parent's attorney may not communicate with a child for whom the court has appointed a law guardian without the law guardian's consent, because the no-contact rule treats t…
Can a lawyer who serves on a town zoning board of appeals represent a personal injury plaintiff suing that town?
The opinion concluded that, absent evidence of improper influence or impaired professional judgment, an attorney-member of a town zoning board of appeals may represent a personal injury plaintiff suin…
May a California lawyer who successfully defended B against A's lawsuit later represent A in a malpractice action against A's former attorney for losing that lawsuit?
Per California Formal Opinion 1993-133, the committee opined that absent A's lawyer's consent (or termination of that representation), former Rule 2-100 prohibits the lawyer from communicating with A …
May a California attorney who serves on a corporation's board accept representation of a client who proposes a transaction with the corporation when the corporation has separate counsel?
Per California Formal Opinion 1993-132, the attorney must observe Rule 2-100's bar on communication with represented persons (recusing from board deliberations on the matter) and is bound by fiduciary…
Under former California Rule 2-100, may a lawyer counsel her client about the strategy and content of a direct communication the client wishes to have with the opposing party, who is represented by counsel?
Per California Formal Opinion 1993-131, former Rule 2-100 prohibits an attorney from communicating directly or indirectly on the merits with a represented opposing party without that party's counsel's…
Under former California rules, may a probate lawyer receive the statutory probate legal fee from the estate and, separately, personal compensation from the executor for performing some of the executor's duties?
Per California Formal Opinion 1993-130, yes, but only if (i) the estate is not paying twice for the same service, (ii) the lawyer obtains the executor's informed written consent, (iii) the agreement c…
How many firms can a California 'of counsel' lawyer simultaneously serve, and what conflicts checking is required across those firms?
Per California Formal Opinion 1993-129, there is no fixed numerical limit on 'of counsel' relationships; the limit is qualitative. The relationship must be 'close, personal, continuous, and regular' u…
May a California law firm defend the same client a former government prosecutor in the firm investigated, by screening the former prosecutor?
Per California Formal Opinion 1993-128, yes, if the firm effectively screens the former prosecutor from any direct or indirect participation in the defense and the former prosecutor receives no 'valua…
Can a lawyer pay a for-profit lawyer referral service, join a network of non-lawyer professionals who refer business to each other, and advertise that network jointly?
The committee concluded all three were unethical under the rules then in effect: paying a for-profit referral service buys recommendations, a cross-referral network with non-lawyers impairs the lawyer…
Can a plaintiff's lawyer interview former employees of a corporate defendant without the defense lawyer's consent?
The opinion concluded Rule 4.2 does not prohibit plaintiff's counsel from contacting former employees of a corporate defendant ex parte, because former employees are no longer in a position to bind th…
When a firm screens a conflicted lawyer, must that lawyer be cut out of the whole fee or only the profit, and does notifying the former client violate the no-contact rule?
The committee concluded that RPC 1.10(e)'s requirement that a screened lawyer be 'apportioned no part of the fee' means only the earnings or profit on the screened matter, not gross fees, so the firm …
Does a deputy prosecuting attorney have a conflict of interest when the prosecutor's spouse is a county probation officer?
The committee concluded RPC 1.7 applies and that any conflict from the marriage is one the client, the county, could consent to after disclosure, presuming the prosecutor reasonably believed the relat…
Can a lawyer refer to a co-owner of a professional service corporation as 'my partner' even though they are technically co-shareholders?
The committee concluded that RPC 7.5(d) treats partners and corporate shareholders the same, so there is no violation in a lawyer referring to a co-shareholder as 'my partner.'
Can a lawyer advance a client's litigation costs to pay for a medical examination or for medical treatment?
The committee agreed RPC 1.8(e) is the governing rule, and noted that advancing costs for an examination would be permitted while advancing costs for treatment would be prohibited, but said it could n…
Can a lawyer dun delinquent clients under fictitious agency names, and can a lawyer use 'mediation' to jointly handle both spouses in a divorce?
The committee concluded that collecting fees under fictitious names such as 'Legal Audit Services' or 'Bureau of Legal Economics' would violate RPC 7.1(a) and/or RPC 8.4(c), and that, on the facts, la…
Can a criminal defense lawyer on leave of absence from a public defender agency accept assigned cases referred from that same agency?
The committee concluded the lawyer may take assigned cases from the public defender agency to the degree the cases are unrelated to the agency and there is no co-defendant or necessary witness present…
May a lawyer disclose that a bankruptcy client failed to list life-insurance proceeds, or is the lawyer bound by confidentiality?
The committee concluded the answer turns on whether the nondisclosure is a crime and, if so, whether it is completed or continuing: a completed (past) crime may not be disclosed without consent under …
When may a lawyer advance funds to a client or make a gift to a client, and may a lawyer argue that a witness is not credible?
As summarized, the committee concluded a lawyer may advance funds to a client when no litigation is pending or contemplated, may make a gift to a client during litigation, and may argue that a witness…
Can a lawyer run a law firm and a public accounting (CPA) business at the same time and serve the same client through both?
The committee concluded the RPCs do not prohibit jointly operating a law firm and a CPA business, but said that when providing both services to the same client it is unlikely the lawyer could identify…
If a lawyer is mistakenly given an opinion letter that opposing counsel wrote to his own client, can the lawyer disclose it?
The committee was of the opinion that if disclosing the inadvertently received opinion letter would be beneficial to the lawyer's own client, the lawyer may disclose it. The WSBA has since marked this…
Can a lawyer who bought an escrow company bring deed-of-trust foreclosures for that company's clients, and is a release-of-conflict form enough to cure the conflict?
On the specific facts, the committee said it might hypothetically be possible to handle one foreclosure where the escrow company merely collects payments without violating the conflict rules, but the …
Is there a conflict of interest when the same prosecutor both prosecutes criminal charges and brings a related civil forfeiture proceeding?
The committee concluded there is no conflict of interest in the same lawyer bringing both the criminal prosecution and the civil forfeiture proceeding.
Can a lawyer take on an insurance company as a client while representing a current client who, as a bail bondsman, failed to pay funds owed to that insurer?
The committee concluded there is a substantial probability that representing the insurance company would be materially adverse to the current client who owed it money as a bail bondsman, and would vio…
If a current and a former client both consent to waive a conflict of interest, is there still a conflict, and must the consent be in writing?
The committee concluded that because the parties had consented to waive any conflict, no conflict is presented, but noted that RPC 1.7 requires the consent be written consent as that term is defined i…
Can a lawyer take a contingent fee representing a client who was assigned a lawsuit on a contingent fee basis, and can the lawyer share the fee with the assignee?
The committee concluded the lawyer could accept the contingent fee, but could not share the fee with the assignee; it did not address other legal questions such as the assignability of the claim or su…
Can a lawyer's office sign list 'Notary Public' or an area of practice such as immigration?
The committee concluded there is no prohibition against listing Notary Public or a general practice area such as immigration on an office sign, so long as it does not misrepresent the lawyer's experie…
Can a lawyer give real estate agents gift certificates as thanks for referring closings, and can the lawyer give certificates to buyers and sellers?
The committee concluded that giving real estate agents $25 restaurant gift certificates for referring closings, or giving them to a buyer or seller for designating the lawyer as closing officer, viola…
Can a law firm run an advertisement seeking a joint-venture partner to bid together on public-sector legal-services contracts?
The committee concluded nothing in the RPCs would prohibit the firm's advertisement seeking a joint-venture partner, but said it did not have enough facts about the joint ventures themselves to commen…
Can one lawyer serve as both guardian ad litem and guardian of the estate for the same ward, and must the lawyer keep serving if the inconsistency surfaces?
The committee concluded that while serving as both guardian ad litem and guardian at the same time may be inconsistent, RPC 1.15(c) obligates the lawyer to continue in those positions if ordered to do…
Can a full-time state-college faculty member represent private clients bringing civil claims against other state colleges or universities?
The committee concluded the faculty-member lawyer could undertake such representation only if able to comply with RPC 1.7(b), and pointed to ABA Informal Ethics Opinion 84-1508 as addressing the issue…
Can in-house counsel use letterhead that does not include the name of the employer?
The committee concluded it made no difference what letterhead in-house counsel used, so long as the lawyer did not mislead recipients of the letters about whom the lawyer was representing.
Can a staff attorney share client confidences with the nonlawyer executive director of the agency that employs her?
The committee concluded that, unless the client consented, a staff attorney's sharing of confidences or secrets with the nonlawyer executive director of her employing agency would violate RPC 1.6, and…
After withdrawing from work that aided a nonlawyer business's unauthorized practice, can a lawyer accept referrals of that business's clients as the business shuts down?
The committee concluded the lawyer could represent clients previously handled through the nonlawyer business, so long as the lawyer's personal interests did not conflict with the current clients and t…
Can a lawyer run an immigration-services business that shares offices with the law practice and refers customers to the lawyer?
The committee identified a potential for assisting the unauthorized practice of law and RPC 7.3(a) solicitation concerns if the business referred clients, and said the lawyer would need separate offic…
After a lawyer has withdrawn from a case, can the lawyer sign a proposed court order on the former client's behalf at the judge's request?
The committee unanimously concluded that because the lawyer had withdrawn as the father's counsel, the lawyer had no authority to sign the proposed order.
If a lawyer finds opposing counsel's left-behind notes showing a violation of a court discovery order, must the lawyer tell the court?
The committee unanimously concluded the lawyer should first make sure that disclosing the note pad information would not prejudice the lawyer's own client in violation of RPC 1.6, and assuming no such…
Can a lawyer sell a law practice including its goodwill, and are restrictive covenants allowed as part of the sale?
The committee unanimously concluded there is no per se prohibition on selling a law practice including goodwill, provided the seller protects client confidences, informs clients of the sale and of the…
Can a lawyer pay a community welcome program to hand new families a gift bearing the lawyer's name and address?
The committee unanimously concluded the lawyer may participate in a 'Friendship Basket' welcome program, paying a fee and donating a gift with the lawyer's name and address, as long as the program's r…
When lawyers in different firms divide a fee, what does 'joint responsibility' require, and can one lawyer pay another a referral fee?
The committee concluded that 'joint responsibility' under RPC 1.5(e)(2) means legal liability for seeing that the client's work is competently performed, and that RPC 7.2(c) prohibits referral fees.
Can a lawyer represent a party in litigation against a defendant when the prospective client previously served as counsel for that same defendant?
The committee concluded the lawyer should decline the representation in both scenarios, because the prospective clients, as the defendant's former counsel, are bound by RPC 1.9(b) not to disclose the …
Does the lawyer-as-witness rule bar a prosecutor's office from trying a case in which another lawyer from that same office will be a necessary witness?
The committee concluded RPC 3.7's bar on a lawyer acting as advocate where another lawyer in the same firm is a necessary witness does not apply to a prosecuting attorney's office, because that office…
Must a lawyer admitted in both California and Washington add Washington's specialty disclaimer when listed as a certified specialist in a California directory or on a California business card?
The committee concluded a dual-admitted lawyer's listing as a certified specialist in a California directory does not require the RPC 7.4(b) disclosure, and a business card showing only the California…
Is it an unethical referral fee for a lawyer to include a donation to an advocacy organization in the price of a legal-information product the lawyer sells?
The committee concluded that including a $5 donation to an advocacy organization in the sale price of a lawyer-prepared child-support videotape is not an unethical referral fee, because what the buyer…
Can a contingent fee agreement pay the greater of a percentage or a flat fee, and can it bar the client from settling unless the settlement covers attorney's fees?
The committee concluded a greater-of percentage-or-flat-fee contingent provision is permissible, but a clause barring the client from settling unless the settlement included a reasonable fee might be …
Can a lawyer advise and litigate for a corporation that buys personal injury claims and bills the lawyer hourly while the corporation controls settlement?
The committee unanimously concluded the proposed arrangement, in which a corporation took assignments of injury claims and the lawyer represented the corporation as assignee while it controlled settle…
Can an out-of-state lawyer form a Washington partnership, and must the firm letterhead show that the lawyer is not admitted in Washington?
The committee said the partnership itself would not necessarily violate the rules, but the lawyer's letterhead violated RPC 7.5(d) because it did not indicate the jurisdictional limitation preventing …
Can a lawyer create falsified judgment and sentence orders to help imprisoned sex offenders?
The committee unanimously concluded that creating a falsified judgment and sentence document, however well-intentioned, violates RPC 4.1's prohibition on false statements of material fact to a third p…
Can a lawyer withdraw from prosecuting a client's appeal when the lawyer believes the appeal is imprudent, and can a fee contract bar the client from settling?
The committee concluded a lawyer may withdraw from an appeal under RPC 1.15(b)(3) if the lawyer honestly and reasonably believes prosecuting it is imprudent, but a contract clause requiring counsel's …
Can a lawyer pay part of a consultation fee back to a nonprofit lawyer referral service that sent the client?
The committee concluded the proposed fee split with a not-for-profit lawyer referral service is allowed under the rules so long as the service becomes 'duly authorized' as RPC 1.5(e) requires.
May lawyers contribute to, or solicit donations for, a foundation fund that makes an annual grant to the judiciary for judicial education?
The opinion concluded no; contributing to or soliciting for a fund that grants money to the Judicial Department is an indirect gift to judges barred by Rule 3.7(h)(1), regardless of motive or donor an…
May a lawyer serve on the board of directors of a nonprofit corporation that, among other things, provides legal services to indigents?
The opinion concluded yes; serving as a director of a nonprofit, nonproprietary corporation whose property and activities do not inure to its directors does not violate the rule barring lawyer-nonlawy…
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.