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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If a lawyer learns that a client's sworn pleadings and discovery answers are false, and the client refuses to correct them, what must the lawyer do?
The lawyer must counsel the client to rectify the false statements; if the client refuses, the lawyer must rectify them, and withdrawal does not end that duty once a false material statement has been …
Can a judge sentence a defendant to attend an outside educational or rehabilitative program or perform community services, and require a program fee?
The opinion concluded that it is not unethical for a judge to offer attendance at a program or performance of services as a sentencing alternative, provided the alternative is service or attendance ra…
When a California law firm undertakes joint representation of co-defendants, may it seek the parties' advance informed written consent to later representing one client adversely to the other if a conflict materializes?
The opinion concluded that an advance written waiver in a joint representation is not per se prohibited, provided (1) the lawyer can jointly represent both clients competently and (2) both clients giv…
Can a lawyer take a contingent percentage of the client's own medical-payments (med-pay) insurance when the insurer hasn't disputed coverage?
Not as a blanket matter, and often not. The committee concluded it is not per se unreasonable, but a contingent percentage appropriate for a third-party recovery would probably be excessive and unreas…
If a lawyer is an elected official or employee of a city, may the lawyer or the lawyer's firm represent clients in matters pending before that city?
No (as the opinion stood). The committee concluded that when a lawyer is an elected official or employee of a municipality, neither that lawyer nor a lawyer associated with them may represent clients …
Can a law firm pay for a solo practitioner's television and radio advertising in exchange for the solo referring cases to the firm?
The opinion concluded a firm may not fund a solo practitioner's advertising where the solo in turn refers cases to the firm, because the arrangement causes a false or misleading communication about th…
Can a New Jersey lawyer and client sell a final judgment to a factor at a discount, and can the lawyer use the fee portion as loan collateral?
The Committee found no impropriety in an attorney and client selling a finally concluded judgment to an independent factor at a discount, or in the attorney advising the client of that option, so long…
Must a lawyer report another lawyer's trust-account misconduct learned during a case when the client orders him not to disclose it?
The committee concluded that although trust-account misconduct is generally a per se reportable violation, the duty to report does not apply here because the information was the client's protected 'se…
When are advanced or flat fees 'earned' so a lawyer can keep them out of trust, and when must they be held in a trust account?
Formal Ethics Opinion 92-F-128(a) refined 92-F-128. It held that advanced or flat fees may be either earned or unearned depending on the circumstances. Unearned fees of any kind (retainer, advanced, g…
Can a lawyer charge interest on a client's unpaid balance for legal fees or costs?
The opinion concluded that an attorney may ethically charge interest on unpaid balances for legal services rendered or costs incurred, to the extent permitted by law. It superseded Formal Opinion No. …
Can I mail people who are owed unclaimed money or property a letter with a contingency fee agreement offering to recover it for them?
The panel advised that such a letter is or may be construed as a direct solicitation of legal services governed by Rule 7.3, so the attorney must comply with Rule 7.3(b)'s written-communication requir…
Must a lawyer pay settlement proceeds to a client when those proceeds were already legally assigned to a third party?
The opinion concluded the lawyer must not; once a client legally assigns away the right to the proceeds, the funds are no longer the client's property, so paying them to the client does not satisfy (a…
What should a solo lawyer do to protect clients if the lawyer dies, and what are the duties of a lawyer who takes over a deceased solo's client files?
The opinion concluded that a sole practitioner should have a plan designating another lawyer with authority to review client files, identify those needing immediate attention, and notify clients of th…
What job titles may a law firm's paralegals use on business cards and letterhead without misleading the public into thinking they are lawyers?
The opinion concluded that paralegal titles may not be false or misleading: 'Senior Paralegal' is fine, but titles like 'Legal Associate,' 'Public Benefits Specialist,' and the various 'Advocate' titl…
Can one lawyer represent two plaintiffs injured in the same accident against the same defendant when there will not be enough money to pay both claims in full?
The opinion concluded that the plaintiffs have differing interests when available assets cannot satisfy both claims, so the lawyer must decline unless it is obvious he can adequately represent both an…
When a private lawyer is elected district attorney, can the new DA prosecute someone the lawyer's former firm represents, and is the whole office disqualified?
The opinion concluded that the new DA may prosecute a former-firm client where the lawyer did not participate personally and substantially and learned no relevant confidences; if the DA is disqualifie…
Can a lawyer's letterhead state a former judgeship and note that a lawyer is also admitted to practice in another state?
The opinion concluded yes to both: a lawyer may truthfully list a former judicial office and may indicate other jurisdictions of admission on letterhead and cards, so long as the statements are not fa…
Can a law firm run a separately named business that sells standard will forms to the public, and can that business prepare individual wills?
The opinion concluded that selling general standard will forms with a proper caveat is not the practice of law and may use a trade name, but preparing or advising on individual wills is the practice o…
Does an Ohio law firm have to label its newsletter 'Advertisement Only,' and what can the newsletter contain?
The opinion concluded that a law firm may mail a newsletter to an untargeted broad group without the 'Advertisement Only' recital, but a newsletter sent to persons known or reasonably knowable to need…
Can a law firm sponsor and run an educational seminar marketed to a specific group of laypeople, like realtors, without violating the advertising rules?
The Committee concluded a firm may do so. Nothing in the Disciplinary Rules expressly bars a lawyer or firm from conducting a seminar for laypeople, and no rule is violated if the firm and the lawyers…
Can a lawyer advise a client to contact the opposing creditor directly to get an account statement without telling the creditor the client has a lawyer?
The Committee concluded the lawyer may. The client was entitled to request his own account statement, so advising him to do so did not violate the no-contact rule (4.02) even if the creditor had in-ho…
Can a firm jointly represent an employer and employee co-defendants under an advance agreement that lets it share confidences and keep representing the employer if a conflict arises?
The Committee concluded the arrangement was permissible if the firm fully informed both clients of the implications before they signed. Consent to disclose confidential information under Rule 1.05(c)(…
Our bench-bar committee wants to invite judges as guests to an annual holiday party that the attorneys pay for. Is inviting judges to that party ethically appropriate?
The panel advised that inviting judges to a holiday event of minimal monetary value, hosted by the court bench/bar committee and the attorneys who regularly appear before the judges rather than one pe…
I contacted the judge to move up my motion's hearing date without discussing its substance. Did I need to notify opposing counsel first?
The panel said the attorney was largely asking it to comment on substantive law, but cited Rule 3.5(b), under which a lawyer shall not communicate ex parte with a judge except as permitted by law; the…
My client's first lawyer was suspended, and his former partner now claims a lien for that work. The client tells me not to pay either of them. Do I honor that?
The panel advised that Rule 1.5(e) governs fee division and that the fee for the suspended attorney should be divided based on quantum meruit; the inquiring attorney should hold the fee amount in escr…
Can I collect a one-third contingent fee from a client who won't cooperate with collection, when I never put the contingent-fee agreement in writing?
The panel advised that Rule 1.5(c) governs and that, to collect a contingency fee, the attorney should have set the agreement forth in writing as the rule requires; the panel added that the attorney s…
An out-of-state lender makes me keep its mortgage proceeds in a non-IOLTA account it controls. I move the funds to my Rhode Island IOLTA account on closing day. Does that comply with Rule 1.15?
The panel advised that Rule 1.15 governs and that, because the lender refused to designate its account as IOLTA, the proper course is to withdraw the funds from the non-conforming account and deposit …
I paid a Probate Judge's bill for special sessions I requested. Opposing counsel says that's improper. Is it ethical for a lawyer to pay a probate judge for special-session time?
The panel declined to comment on the judge's conduct, which is governed by the Canons of Judicial Ethics, but said that because paying for special sessions is understood to be a common Rhode Island Pr…
A prior attorney has a disputed lien on my client's file. The case settled and I'm holding the funds. Do I pay the client, who says the lien is frivolous, or the prior lawyer?
The panel advised that the attorney should not unilaterally arbitrate the dispute; under Rule 1.15(b) the disputed amount of the prior attorney's lien may be kept separate and not disbursed until the …
My client's prior lawyer was suspended from practice. How can I compensate that suspended lawyer's office for the legal work it did before the suspension?
The panel advised that the fees should be divided according to quantum meruit, meaning the fair value of the services rendered before the former attorney's termination of the representation; absent a …
My client's prior lawyer knew the client's accident was fraudulent. The client won't consent to my disclosing it. Must I still report that lawyer under Rule 8.3?
The panel advised that because the client refused to consent to disclosure under Rule 1.6, the attorney is prohibited from revealing the information; Rule 8.3(c) does not require reporting misconduct …
I married a court clerk with ministerial duties assigned to a judge I regularly appear before. Do my firm and I need to take precautions when appearing before that judge?
The panel advised that it is unlikely the attorney can influence the judges in the specialized court, and that where the clerk's duties are ministerial and the attorney and firm do not state or imply …
My office represented a husband and wife in real estate deals. Can I now represent the wife in a divorce against the husband?
The panel advised under Rule 1.9 that it could not tell from the facts whether the matters are substantially related; assuming they are, the attorney should obtain the husband's consent, preferably in…
Can a defender's office represent a defendant when a colleague once represented someone who is now a witness against that defendant?
The opinion concluded that an attorney may represent a defendant even though another attorney in the same office formerly represented a person who is now a witness, provided the prior representation w…
Can a lawyer charge a truly non-refundable retainer, and can a defendant require plaintiff's counsel to sign a broader confidentiality clause than the client?
The opinion concluded no retainer may be non-refundable to the extent it exceeds a reasonable earned fee, and that because a lawyer must abide by the client's decision to settle, a lawyer may enter a …
Can a lawyer borrow money from a client while the client's contested litigation is pending?
The committee concluded that borrowing from a client during pending litigation is not per se improper, but only if the lawyer first complies with the business-transaction rule, full and adequate discl…
Can a law firm pay a year-end bonus, based on a percentage of profits from referred business, to an 'of counsel' attorney who is not a partner or associate and whose tie to the firm is mainly reciprocal referrals, without the client's consent?
The committee concluded that paying a year-end bonus to an 'of counsel' attorney who is not a partner, associate, or shareholder, where the bonus is based on a percentage of profits from business that…
May a New Jersey lawyer conduct ex parte interviews of former employees of a corporate adversary that is represented by counsel?
The Committee concluded that the analysis governing ex parte contact with a corporate adversary's current employees applies with equal force to former employees: those whose acts bound or are imputed …
If a partner from an opposing law firm joins our firm, must we stop representing the clients we have against that firm's client?
The Committee concluded that the firm's continued representation of its plaintiffs against the company defended by the joining partner's old firm would not be permitted once the partner joins, unless …
May a legal aid organization assist two opposing parties who both apply for help, and on what conditions?
The opinion concluded that a legal services organization may not represent opposing parties, but, with safeguards, may assign each opposing party to a separate pro bono attorney, or represent one whil…
In Kentucky, may a lawyer make in-person or live-telephone solicitation of corporate officers or employees under a 'sophisticated client' exception?
No. The opinion concluded that Rule 7.3(a) contains no 'sophisticated client' exception, so in-person or live-telephone solicitation of corporate officers or employees is prohibited.
Is it unethical for a lawyer, or another lawyer in the same firm, to begin a sexual relationship with a firm client during the representation?
The opinion concluded such a relationship begun during representation is unethical if it harms the client's case, risks the lawyer becoming a witness, arises in an emotionally charged matter, or is co…
If a client admits during a deposition to committing perjury in another proceeding, must the client's lawyer and opposing counsel report it, and can they agree to stay silent in exchange for dismissal?
The opinion concluded that the client's own lawyer must urge the client to disclose the perjury to the tribunal and, if the client refuses, withdraw and disclose it, and that opposing counsel must als…
When a contingency-fee lawyer wins a structured settlement paid over years, can the lawyer collect the full fee up front and without discounting the future payments to present value?
The opinion concluded that a lawyer entitled to a percentage contingent fee may collect immediately only the prescribed percentage of the total settlement reduced to its present value, when the recove…
Can a lawyer keep defending an insured and its employee after the insurer first denied coverage, then agreed to defend under a reservation of rights and filed a coverage declaratory judgment action?
The opinion concluded that the lawyer may continue to represent the nursing home and nurse, because nothing in the facts disclosed a disqualifying conflict of interest. The lawyer had represented only…
Can a lawyer sign adoption petitions prepared by a social services agency as an accommodation, without actually representing the adoptive parents or taking responsibility?
The opinion concluded that a lawyer may not sign a pleading as a mere accommodation, because signing a pleading that initiates a proceeding is an appearance that carries the full responsibility of rep…
After representing an estate's executor, can the same lawyer defend that former executor in a suit brought against him by the successor administrator on the estate's behalf?
The opinion concluded that the lawyer may not continue defending the former executor, because representing a personal representative in his official capacity means representing the estate as an entity…
Can a law firm represent a county when one of its partners has just been elected to the county board of commissioners?
The opinion concluded that the firm may continue to represent the county. It is not unethical for a partner, associate, or firm of an attorney who serves on a governing board to represent that board, …
Can a lawyer let a Chamber of Commerce recommend the lawyer to its members and advertise member discounts as a reason to join the Chamber?
A lawyer may let an organization recommend the lawyer only if it has a prior professional relationship with the lawyer, the lawyer reviews the ad, and nothing of value beyond advertising cost changes …
Opposing counsel dealt directly with my client in court about the settlement without me present. Do I have to report that Rule 4.2 violation, and does confidentiality limit me?
The panel advised that if the inquiring attorney believes his client was intentionally misled and defrauded and that the opposing lawyer violated Rule 4.2 in furtherance of that fraud, he is obligated…
Can a firm represent a witness who wants to plead the Fifth in a criminal case when a partner represents a suspect in the same killing?
The opinion concluded that, with full disclosure and consent, a firm may represent a witness who wants to assert his Fifth Amendment right not to testify even though another lawyer in the firm represe…
Can a referring lawyer take a share of the fee from the lawyer he sent the case to when he did none of the work?
The committee concluded that a pure referral fee was improper: the 'assumption of responsibility' that lets lawyers in different firms divide a fee required the referring lawyer to provide meaningful …
If one of my clients will be an adverse witness in a case I'm handling for a different client, can I cross-examine or take discovery from my own client?
The opinion concluded that examining one's own client as an adverse witness, or conducting third-party discovery of a client, in a matter not itself adverse to that client ordinarily presents a disqua…
Can a lawyer buy another attorney's client files and client lists?
The opinion concluded that it is improper under Ohio's Code of Professional Responsibility for a lawyer to purchase client files and client lists from another attorney, because the payment improperly …
Can an attorney who is a court administrator write a law handbook for a publisher that sells books to the court and keep the royalties?
The opinion concluded that a court administrator may accept a publisher's offer to author a juvenile law handbook for royalties under R.C. 102.03(D) and (E) if he does not use his office to secure the…
Can a company's in-house lawyer separately, privately represent the company's customers on related legal matters?
The opinion concluded that a corporation's lawyer may not provide private legal representation to the corporation's clients on matters related to the corporation's work, because making corporate couns…
Can a judicial candidate use campaign funds to sponsor a youth sports team in Michigan?
The opinion concluded that a judicial candidate may spend campaign funds sponsoring a youth sports team so long as the information on the team's schedules and uniforms does not misrepresent the candid…
Can a firm take a new client's case against a current client, and avoid the conflict by quietly withdrawing from representing the current client first?
The opinion concluded a firm may not represent a client directly adverse to a present client without each client's consent after consultation, and it may not sidestep the duty of loyalty by withdrawin…
Must a lawyer report opposing counsel who negotiated a settlement directly with the lawyer's represented client?
The opinion concluded that a lawyer who knows another lawyer negotiated a settlement directly with a represented party, without that party's counsel's consent, is required to report the matter to the …
May a lawyer enter a referral and fee arrangement with a public adjusting firm that solicits accident victims and shares in the lawyer's fee?
The opinion concluded that it is unethical for a lawyer to participate in such an arrangement, which would involve improper fee-splitting with a nonlawyer, improper solicitation, and assisting the unl…
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.