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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Could a Missouri firm use “Group” in its name if it eventually had only one lawyer?
The opinion permitted “The X Group, L.C.” for a principal and associate or two principals, but barred use of “group” if the firm consisted of one lawyer.
Could seller’s counsel send contract notices directly to a represented buyer when the agreement required notice to the buyer?
The opinion said counsel should first ask the buyer’s lawyer to accept the documents. If that lawyer did not indicate acceptance, seller’s counsel could send them directly to the buyer.
Could a departing lawyer keep an entire Social Security fee check to offset sums owed by the former firm?
The opinion said the fee disposition was a civil-law matter if the lawyer was honest and forthright with the former employer. The conduct rules did not otherwise decide the offset.
What did the opinion say a lawyer should do about suspected improper solicitation letters to debtors?
If the lawyer believed another lawyer violated Rule 4-7.3, the opinion said to report that lawyer to the office for its independent determination.
Could a lawyer pay fees to a registered lawyer referral service under the rules discussed in this 2000 opinion?
Yes. The opinion said Rule 4-7.2(c) allowed payment of fees to a lawyer referral service registered under then-effective Rule 4-10.1.
What did this 2000 opinion say about client trust funds when former clients could not be located?
While holding the funds, the lawyer had to make reasonable efforts to locate the former clients, with reasonableness depending partly on the amount. After the escheat period, the lawyer could follow…
Could a personal-injury lawyer contact an at-fault driver while negotiating with the driver's insurer?
The opinion barred direct contact if insurer-retained counsel represented the driver, but permitted it if the lawyer knew of no counsel representing the driver.
Did every unsolicited email through a firm's website create a duty to respond or a client relationship?
The opinion gave no blanket answer. It said duties depended on the content and extent of the exchange; an email might create a client relationship or later conflict even if representation was declined.
Could a personal-injury lawyer keep litigating without revealing that a claimant died?
The opinion barred express or implied claims that the client remained alive. It said estate authority would be needed and disclosure likely required for a valid settlement; proceeding with…
May a deceased joint client’s former lawyer give estate planning and asset records to the executor’s lawyer without authorization?
The opinion allowed disclosure of the husband’s will and joint information with the surviving wife’s consent. It barred release of information solely about the husband absent a court order after the…
Could an estate claimant’s lawyer charge a small upfront amount plus a contingent fee?
The opinion said the proposed agreement did not facially violate Rule 4-1.5, provided the overall fee was reasonable under that rule’s factors; actual reasonableness should be reviewed when…
Did a firm’s unrelated representation of a corporate officer more than 20 years earlier require withdrawal from a suit against the corporation?
On the stated facts, the opinion said the lawyer need not voluntarily withdraw. It reserved a judge’s authority on a disqualification motion and independent investigation of any complaint.
Could a lawyer who formerly represented an LLC represent members in dissolving it and defending related claims?
The opinion found a Rule 4-1.9 conflict barring representation of A in the dissolution and defense of A or B against related claims. It allowed continued representation of the LLC and a separate new…
Could a lawyer use a trade name on letterhead and advertising alongside the lawyer’s name?
The opinion said some trade names were permitted under Rule 4-7.5, but a trade name could not be false, misleading, or deceptive.
Did a prior unrelated workers’ compensation matter require withdrawal from a protective-order case against the former client?
On the facts supplied, the opinion found no Rule 4-1.9 conflict requiring withdrawal. It said different facts could change the view and reserved a judge’s ruling on disqualification.
Did unpaid IRS-sponsored tax assistance count as practicing law in Missouri for a Kansas attorney?
The opinion said work beyond transcribing taxpayer information onto IRS forms, including legal advice or representation, placed the lawyer in the Missouri practicing-attorney category. Unpaid work…
Could a lawyer represent the lawyer’s minor child in an injury claim and charge a contingent fee?
On the stated facts, the opinion allowed representation and a contingent fee with a written contract signed with the next friend. It said the lawyer could not act as trial advocate if likely to be a…
Could a lawyer claim fees and expenses for interpleader after a client refused payment to health providers?
The opinion allowed the lawyer to claim attorney fees and expenses related to the interpleader.
Could an out-of-state lawyer appear at a Missouri DESE hearing if the panel granted a Rule 9.03 statement?
The opinion declined to decide DESE’s authority, but said a granted Rule 9.03 statement would avoid unauthorized practice; local counsel would not assist unauthorized practice in that case.
How did the opinion direct a lawyer to handle a client refund when the former client could not be found?
The lawyer had to keep making reasonable efforts to locate the client and hold the money in trust meanwhile. If the client remained unlocated when the escheat statute took effect, the lawyer could…
Could a city attorney help one side with jury selection in a civil accident case investigated by city police?
Given the accident location and city police involvement, the opinion found a conflict and said the city attorney should not participate in the civil trial for either side.
Can a law firm call another firm 'affiliated' on its letterhead, and does that force them to clear conflicts as one firm?
A firm may use 'affiliated' or 'affiliate' only if the relationship is close, regular, continuing, and semi-permanent (the equivalent of 'of counsel'); firms that do so must treat each other's…
Can a lawyer take stock or options in a startup client as payment for legal services instead of a cash fee?
The opinion concluded there is no per se bar on accepting securities as compensation for legal services, but the arrangement may trigger the business-transaction safeguards of DR 5-104(A), may…
Can a lawyer charge a client interest on unpaid legal fees, and at what rate?
The opinion concluded a lawyer may charge interest on unpaid fees, whether or not the retainer agreement provides for it, if the client is informed of the charge and given a reasonable chance to pay…
Did a judge’s spouse soliciting local businesses for her employer create an immediate judicial-ethics problem?
The Committee saw no immediate problem in the work described, while explaining that later cases involving solicited businesses could raise impartiality and disqualification questions.
Could a part-time municipal judge also prosecute for a different city?
The Committee said neither Arkansas law nor the then-current Code categorically barred an assistant city attorney in one city from serving as a part-time municipal judge in another, while…
Can a lawyer submit bids for legal work that clients post on an internet comparison website without violating the advertising or referral rules?
The opinion concluded that responding to a client-initiated request for representation on an internet bidding site is not, by itself, advertising or solicitation, and the no-fee bid plan is not a…
Can a lawyer let clients fund trust-account retainer deposits by credit card, with the lawyer covering the processor's fee so the full amount lands in trust?
The committee concluded the proposal does not comport with the rules, because credit-card charge-backs can commingle one client's trust funds with another's and the lawyer's own funds in violation…
When a lawyer is suspended or disbarred, can the firm keep using that lawyer's name in its firm name, letterhead, ads, or phone greeting?
The committee concluded that continuing to use a suspended or disbarred lawyer's name in the firm name, letterhead, correspondence, advertisements, contracts, phone and email communications,…
Can a lawyer contact a former client, now represented by new counsel, to warn about the new lawyer's possible malpractice?
No. The committee concluded that, absent authorization by law, a lawyer may not make unilateral contact with a former client now represented by new counsel about the subject of the new…
Can in-house counsel in Washington enter an agreement prospectively limiting their malpractice liability to the employer-client?
No. The committee concluded that RPC 1.8(h) applies to in-house counsel practicing in Washington under APR 8(f), that an attorney-client relationship exists in that setting, and that the prospective…
Does a lawyer owe confidentiality to a caller who sought help, and must the lawyer report the caller's immigration status?
The committee said whether RPC 1.6(a) confidentiality applied depended on whether an attorney-client relationship existed, a fact question with subjective and objective components it could not…
Can a lawyer who co-owns a construction consulting firm steer the firm's clients to his law practice and use his consulting partner as an expert witness?
No. The committee concluded that using the consulting business to refer legal clients to the law practice, or the law practice to feed the consulting business (including using the consulting partner…
Can a lawyer co-own a nonlawyer-owned .com company that markets the firm's legal services online?
The committee identified multiple prohibitions: sharing fees with a nonlawyer is forbidden by RPC 5.4(a) and practicing law with nonlawyers by RPC 5.4(b); a nonlawyer directing the lawyer's judgment…
Can a lawyer advance litigation costs for an indigent client who probably cannot repay them?
Yes. The committee concluded that the rules do not prohibit a lawyer from advancing costs for a pro bono client, even where repayment is unlikely, so long as the lawyer complies with RPC 1.8(e),…
Can a dually licensed lawyer advise a client to buy life insurance and then sell that insurance to the client?
No. The committee concluded that a lawyer may not both advise a client about the need for insurance and sell the client that insurance, or take any commission on the purchase; that is a conflict…
Can a lawyer defend insurance-pool members when a corporate pool administrator pays the lawyer's fees?
Yes, with conditions. The committee concluded that third-party payment by the pool administrator does not bar the defense, but the lawyer must tell each pool member of the assignment and the payer…
Can a lawyer use client testimonials in advertising in Washington?
The committee concluded that client testimonials may be acceptable if they comply with RPC 7.1 and include an appropriate disclaimer that reasonably lets the reader understand past performance does…
Does a government lawyer have a conflict of interest when their spouse works for the same agency the lawyer represents?
Not automatically. The committee concluded that a lawyer and a spouse working for the same employer, where the spouse may be involved in the matter, does not by itself create a conflict; only if…
Can a law firm hire out its nonlawyer IT staff to other law firms for profit?
Yes. The committee concluded that a firm could provide its nonlawyer computer and IT employees to other firms for profit, provided it complies with RPC 5.4(a) and (b), 5.3, and 1.8(a), and puts…
What are a lawyer's duties when a client stops staying in contact or disappears?
The committee concluded that the lawyer may not settle the client's claim without specific authority from the client, should use due diligence to try to locate the client, and, if the client remains…
Can a practicing lawyer also be employed as a police officer?
Yes. The committee concluded that the Rules of Professional Conduct do not preclude a lawyer from dual employment, and a lawyer may practice law while employed in another occupation, with care taken…
May a lawyer be listed by name on the public website of an organization made up of lawyers and nonlawyers?
Yes. The committee concluded that a membership listing identifying the lawyers is advertising generally permitted by the rules, subject to each lawyer's duty of truthfulness, RPC 5.4's bar on…
Does a lawyer's website that lets clients generate estate planning documents online satisfy the duty to protect client confidences?
The committee said the described safeguards (individual passwords and encryption) appeared to be appropriate steps under the circumstances, but that whether the specific software was adequate under…
Can an insurance company's staff lawyer deposit money recovered for an insured client into a corporate account instead of a trust account?
No. The committee concluded that subrogation recoveries collected for the insured are client funds that must go into an identifiable interest-bearing trust account, not the insurer's corporate…
Can a lawyer charge a fee in a collection case that is partly a fixed amount and partly contingent on the recovery?
The committee concluded that a part-fixed, part-contingent fee is permitted in a collection matter under RPC 1.5 and RPC 1.8(j)(2). Whether the arrangement must be disclosed to a court depends on…
When can a lawyer claim part of a former client's later settlement, and what must the client's current lawyer tell the client about that adverse claim?
The committee said whether a former attorney can recover a portion of a former client's later class action settlement depends on a fact-specific analysis of the original fee agreement and…
Can out-of-state lawyers establish a Washington law practice with a Washington lawyer, and how must the firm name and advertising handle their non-admission?
The committee concluded that the Rules do not preclude a Washington lawyer from joining a multistate firm, but RPC 5.5 bars assisting non-members in the unauthorized practice of law in Washington…
Can a Washington lawyer agree that a client repays advanced litigation costs only if the case is won?
The committee concluded that the proposed agreement would violate RPC 1.8(e). A lawyer may advance the expenses of litigation, but may not make repayment of those advances contingent on the outcome…
Does a full-time court bailiff who is also a lawyer create a conflict of interest by doing pro bono work for claimants before a federal agency?
The committee concluded that, on the facts presented, a full-time lawyer-bailiff's pro bono representation of claimants in matters heard exclusively by federal agencies and courts does not create a…
Can a lawyer pay a client's treating physician to testify at trial as a fact witness rather than an expert?
The committee concluded it is not unethical to pay a treating physician testifying as a fact witness the reasonable expenses of testifying and the reasonable value of the witness's time. A lawyer…
Can a lawyer file an IRS Form 1099 reporting settlement money disbursed to a client without violating client confidentiality?
The committee concluded that RPC 1.6 does not prohibit filing a Form 1099 reporting money disbursed to a client, unless the client asked the lawyer to keep the client's identity confidential or…
Can a lawyer who investigated a liability claim for a reinsurer later represent a third party against the insured in an unrelated matter without the insured's consent?
The committee concluded the Rules did not prevent the representation, assuming the lawyer learned no confidential information from the insured that would benefit the new client or harm the insured.…
If a capital defendant insists on pleading guilty and being sentenced to death, what are defense counsel's duties when counsel doubts the client's competence?
The committee concluded the lawyer must abide by the client's decisions under RPC 1.2(a) and maintain a normal relationship under RPC 1.13(a); if the client cannot adequately act in his own…
Does a lawyer's website advertising qualifications and experience have to comply with the lawyer advertising rules?
Yes. The committee concluded that the contents of a website posted by a lawyer or law firm must comply with RPC 7.1, and that the lawyer must maintain a copy of the website and the changes made to…
Can a lawyer run two offices, one under the lawyer's own name and one under a trade name?
The committee concluded that nothing prohibits a lawyer from having a law office and another business office, but that operating both creates significant potential for conflicts of interest in…
Is an 'of counsel' lawyer treated as a member of the firm for fee-splitting under RPC 1.5(e)?
The committee concluded that to use the 'of counsel' designation a lawyer must have a regular, frequent, and continuing relationship with the firm such that the lawyer is in fact a member; if so, a…
Can a Washington lawyer charge a contingent fee to divide property of two people who lived together but were never married?
The committee concluded that RPC 1.5(d), which bars contingent fees in certain domestic relations matters, does not prohibit a contingent fee in a property dispute between parties who were never…
Can a law firm keep a suspended or disbarred lawyer's name in the firm name and communications?
No. Adopted as Formal Opinion 196, the opinion concluded that using a suspended or disbarred attorney's name in a firm's name or business communications is prohibited as false or misleading under…
Must defense counsel follow an insurer's litigation guidelines that mandate paralegal tasks and require billing records to go to an outside auditor?
The committee concluded counsel had to independently judge each task and could not delegate work a paralegal could not do competently, and could not send invoices containing the insured's…
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.