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 report a client's unpaid legal bills to credit reporting agencies to pressure the client to pay?
No. The committee concluded a client's indebtedness for legal fees is confidential information, and the fee-dispute exception permits disclosure only to prove the claim in an action to collect, not…
Under Nebraska's former ethics code, could a lawyer refer a client to a nonrecourse litigation funder expecting a lien and a high recovery-based return?
Yes under five conditions: no referral compensation, no outcome assurances, protection of confidences, disclosure of assistance the lawyer would provide, and explanation of the loan's cost.
Can a lawyer subpoenaed by one former joint client to testify against the other accept witness payments for his time and trial preparation?
No. The committee concluded that although Rule 3.4(g) generally allows witness payments, a lawyer who jointly represented both former clients may not accept them from one against the other, because…
When a former prosecutor now works for a prosecutor-training nonprofit and takes criminal-defense appointments, does he have to disclose that history or check old employers for conflicts?
The committee concluded the lawyer's current training-organization job and his bare status as a former prosecutor did not, by themselves, require disclosure to defense clients; a conflict arises…
At a real estate closing, can a lawyer represent only the seller (who pays the fee) and tell the buyer in writing that the lawyer is not the buyer's lawyer?
The committee concluded a lawyer may represent only the seller at a closing if the lawyer complies with Rule 4.3, disclosing that the lawyer represents the seller alone and that the buyer should get…
Can a South Carolina lawyer take a fee from an out-of-state debt-management firm for steering people who are not good bankruptcy candidates to that firm, and act as the firm's local of counsel?
The committee concluded the lawyer may take a fee for referring clients to the firm if the lawyer satisfies Rule 1.7(b) and the firm's debt-management work is not the unauthorized practice of law,…
Can a South Carolina lawyer send a letter to former jurors after a trial, for example to ask about the lawyer's own performance?
The committee concluded there is no strict ethical prohibition against contacting jurors after they have been dismissed, but the practice is strongly discouraged; a letter that could be read as…
Can a lawyer hire an investigator to watch prospective jurors' homes and cars without contacting them?
The committee concluded that, technically, visual observation of a prospective juror's home or car is not an ethical violation provided absolutely no contact is made with the juror or family and the…
Do two lawyers on opposite sides of a will probate have a conflict when their firms are negotiating a merger?
The committee concluded that once merger discussions reach a formal stage, the lawyers' interests in the merger may materially limit their representation, so each must avoid letting that interest…
If a lawyer mistakenly signed up two drivers from the same crash, can the lawyer keep representing one after dropping the other?
Assuming an attorney-client relationship formed with both drivers when each signed a representation contract, the committee concluded the lawyer could withdraw from representing the second driver…
Could Vermont co-counsel for a couple’s estate plan later represent the husband’s estate against the wife?
Opinion 00-12 barred the firm from representing the estate and personal representative against the former client wife without her consent because the estate proceeding was substantially related to…
Can a corporation make its in-house lawyer sign a non-compete agreement to protect trade secrets?
The committee concluded that the described non-compete agreement, barring the in-house lawyer from working for a similar corporation for two years, would violate Rule 5.6(a)'s prohibition on…
How did Arizona Opinion 00-11 treat a subpoena for a former client's benefit information in a child-support case?
The opinion requires counsel to assert attorney-client privilege where applicable and ER 1.6 for other representation information. A subpoena alone is not a final order, but counsel must comply with…
Can a lawyer join a free online service that matches consumers with attorneys and emails the lawyer about cases?
On a limited review, the committee concluded that participation in the free online attorney-matching service appeared ethically permissible because the consumer (not the lawyer) initiates the…
Could an Arizona firm pay a staffing agency that places temporary lawyers without impermissible nonlawyer fee sharing?
Opinion 00-10 permits the proposed agency arrangement under ER 5.4 when agency compensation is independent of what the firm receives from its client. It separately discusses measures to protect the…
May a lawyer continue representing an employer after an adverse caller sought representation?
Opinion 00-10 allowed continued employer representation because the lawyer gave no advice and received no information critical to the employer matter. It barred disclosure of the caller’s identity…
Under Nebraska's former ethics code, could insurance-defense counsel send detailed bills to outside auditors and follow carrier guidelines limiting litigation work?
Not when bills disclosed client confidences or secrets, and not when carrier billing guidelines encroached on independent professional judgment. The lawyer represented the insured with undivided loyalty.
Can a lawyer use unencrypted email to communicate confidential information with a client?
The committee concluded that in usual circumstances using unencrypted internet email did not violate Rule 1.6, because lawyer and client have a reasonable expectation of privacy, subject to caveats…
Is Georgia Formal Advisory Opinion 00-1 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 00-1, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the…
Can a lawyer hold a free public seminar on a legal topic, with a Q&A session and individual consultations afterward?
The committee concluded that an attorney generally may conduct a free public seminar on a legal topic and provide general legal information to the public, subject to Rule 7.1 (no false or misleading…
Could an Arizona municipal prosecutor also serve part time as a reserve peace officer?
Opinion 00-09 finds no inherent ethics conflict in the dual roles, but the prosecutor cannot prosecute a case in which police work may make the lawyer a witness. Office disqualification and…
Could a Vermont lawyer working for a corporation outside a legal role use J.D. or Esq. on business cards and correspondence?
Opinion 00-09 permits both designations for the licensed lawyer in the stated nonlegal role, with a disclaimer where correspondence might be mistaken for legal advice.
When a lawyer closes a loan for both borrower and lender, must the lawyer warn the borrower about a bad interest rate or a high broker fee?
The committee concluded a lawyer generally has no duty to investigate a client's business affairs or to advise that a commercial transaction is unfavorable, so absent undertaking such advice the…
Could an Arizona firm list out-of-state Social Security lawyers as of counsel and divide fees with them?
Opinion 00-08 permits the of-counsel listing with clear disclosure that the lawyers are not Arizona-admitted and limits their work to authorized federal matters. Fee division must satisfy ER 1.5(e),…
Could a Vermont lawyer who stopped practicing law use J.D. and describe prior legal experience in a human resources consulting business?
Opinion 00-08 permits the J.D. designation and accurate prior-experience description in the stated nonlegal consulting role when clients are told no legal representation exists.
Does a lawyer who sits on a quasi-governmental board have a conflict suing a company when others have sued that board over the same facts?
The committee concluded that participating in a joint deposition did not by itself create a conflict, but because the lawyer's representation of the client could be materially limited by the…
Could an Arizona lawyer add interest and a collection agency's fee to a client's unpaid bill?
Opinion 00-07 permits reasonable interest and actual, reasonable collection costs with informed written fee terms, but rejects adding a projected 33% collection charge to the principal before…
Could a firm defend a bank against the president of a corporation the firm formerly represented?
Opinion 00-07 permitted the bank defense because the president was not the former corporate client and the firm’s earlier suit was unrelated. The firm remained bound by confidentiality duties to the…
Can a lawyer issue a subpoena duces tecum in Magistrate's Court if the lawyer believes the court has no authority to issue it?
The committee concluded no: under Rule 3.1 a lawyer may not issue a subpoena absent a non-frivolous, good-faith argument that it is lawful, and under Rule 3.3 a lawyer may not represent to the court…
Did ER 1.6 bind an Arizona lawyer appointed solely as a juvenile's guardian ad litem when the juvenile had separate counsel?
Opinion 00-06 says ER 1.6's client confidentiality duty does not apply to the lawyer acting exclusively as guardian ad litem because that lawyer does not represent the juvenile as a client. The…
May a Vermont landlord's lawyer serve a statutory tenancy-termination notice directly on a represented tenant?
Opinion 00-06 permits the lawyer to deliver the statutory written notice directly as the landlord's agent when direct notice is a prerequisite to eviction, while limiting the contact to the notice.
Can a lawyer who handled a couple's past real estate closings later represent the wife in a divorce against the husband?
The committee concluded there was no conflict of interest: the divorce was not the same or a substantially related matter to the earlier closings, and the facts revealed no confidential information…
Could an Arizona lawyer privately interview the lawyer's own employee about work for an opposing former employer?
Opinion 00-05 generally permits the interview, but ER 4.2 applies if the employee's conduct gave rise to the case, the employee has an ongoing litigation relationship with the former employer, or…
May a lawyer who left a seller’s firm represent the buyer in a related property dispute?
Opinion 00-05 allowed the buyer’s representation only if the lawyer had not participated in the former firm’s seller representation and had not learned protected information about that matter.
Is it unethical for a lawyer to give a bank a copy of a legal description from the lawyer's file for a no-title-work mortgage?
The committee concluded that merely providing a copy of a public record to a requesting party, absent anything further, is not unethical; it declined to decide whether the bank's no-title-work…
Could an Arizona lawyer advise a client about secretly recording calls with the client's former spouse?
Opinion 00-04 permits advice about recording if the client may legally do it, while distinguishing the lawyer's own ethical restrictions on covert recording. It does not decide whether the proposed…
Did a Vermont lawyer's public website require an advertising label, and could disclaimers prevent client duties?
Opinion 2000-04 treated the public site as advertising subject to Rules 7.1 and 7.2, but said ordinary posted pages did not require a Rule 7.3 advertising label. Disclaimers could clarify…
Can a lawyer provide a title opinion for a loan a bank closes itself, without the lawyer present at closing?
The committee declined to decide whether the bank's conduct is the unauthorized practice of law (a question of law for the courts), but concluded that under Rule 5.5(b) it would be unethical for an…
Could an Arizona lawyer sue a client for unpaid fees while still representing that client in the same litigation?
Opinion 00-03 generally bars suing the current client while continuing the underlying case because the lawyer's financial interest and likely disclosure compromise loyalty and confidentiality. It…
What should court-appointed counsel do after a mental-health client discharges counsel before a merits hearing?
Opinion 2000-03 said appointed counsel must promptly explain the consequences, seek withdrawal without unnecessary disclosure of confidences, and protect the client’s interests while the court…
Does the six-year clock for keeping a client's financial records run from each matter ending or from the whole relationship ending?
The committee concluded that Rule 1.15(a)'s six-year record-retention period runs from the conclusion of each particular matter, not from the termination of the entire attorney-client relationship;…
What did Arizona Opinion 00-02 require when a DUI client concealed a prior conviction during a guilty plea?
Opinion 00-02 said defense counsel could not sign a plea agreement concurring in a plea known to contain the client's material misrepresentation. It distinguished a direct plea without a false…
Can a lawyer give an adult client's psychiatric report to the parent who hired and paid the lawyer?
No, on these facts. The opinion concluded the adult daughter, not the paying father, is the client, so the lawyer may not divulge her psychiatric report to him unless the lawyer believes she is…
Can a closing attorney represent a buyer when the seller or lender will pay the buyer's fees only if their own attorney is used?
The committee concluded the attorney has no duty to ask the seller or lender to drop the condition (so long as the attorney did not pay for the referral through reduced fees or otherwise), but if…
Could an Arizona firm advertise that it specializes in estate planning if none or only one of its lawyers held specialist certification?
Opinion 00-01 rejected a blanket firm claim of specializing when no member was certified, and also when one certified member was not identified. The firm could describe its actual practice areas…
May a Vermont lawyer pay the usual fee to join a nonprofit referral service?
Opinion 00-01 allowed a lawyer to join and pay the usual charges of the described nonprofit referral service, which supplied matching questionnaires without recommending one lawyer over another.
Did a Maine judge’s state health coverage itself require recusal from a case involving the insurer?
No, as a general matter. The committee found no automatic disqualification based solely on the judge’s state-provided coverage, while reserving case-specific bias or other connections.
Did a foundation's use of a shared address and phone number bar the described judicial involvement?
West Virginia JIC Opinion 1999-23 found no Code of Judicial Conduct canon prohibiting the described foundation activity, including its use of the stated address and telephone number.
Could a judge serve on the Salvation Army advisory board?
West Virginia JIC Opinion 1999-22 permitted the advisory board service but said the judge could not solicit funds for the Salvation Army or allow the judge's name to be used for that purpose.
Could a judicial candidate appoint the candidate’s spouse as campaign treasurer under the 1999 Code?
West Virginia JIC Opinion 1999-19 concluded that a candidate’s wife could not serve as campaign treasurer under the then-current Canon 5, which the Commission read to bar her personal solicitation…
Must a circuit judge recuse when the judge’s law clerk’s lawyer spouse or that spouse’s firm appears?
West Virginia JIC Opinion 1999-18 said recusal was not automatic, but the judge had to disclose the relationship whenever the spouse or firm appeared. The clerk could not work on a case in which the…
Could an adult stepdaughter outside the candidate’s household serve as judicial campaign treasurer in 1999?
West Virginia JIC Opinion 1999-17 found no prohibition under then-current Canon 5C(2) on the adult stepdaughter serving on the campaign committee, on the stated fact that she lived outside the…
When can a Maine lawyer discuss a client's matter with a lawyer outside the firm without the client's consent, and is that conversation privileged?
It depends on the purpose and the conditions. The opinion concluded a lawyer may consult outside counsel for the client's benefit without consent if no conflict exists and either the consulted…
Can a Maine lawyer require, in the initial engagement agreement, that the client arbitrate any future legal-malpractice claims?
Yes. The opinion concluded a prospective agreement to arbitrate malpractice claims is permitted under the Maine Bar Rules and is not an agreement 'limiting' the lawyer's liability, so long as it…
Can a solo lawyer who is retiring sell the law practice to another lawyer, and what does D.C. require?
The opinion concluded that selling a law practice on retirement is not unethical even though D.C. had not adopted Model Rule 1.17, so long as the retiring lawyer can terminate representations…
Was a firm barred from suing a doctor because another firm lawyer had formed a corporation naming the doctor as a shareholder?
On the stated facts, the committee found no lawyer-client relationship with the doctor from the incorporation work and no ethics-rule bar to the malpractice suit.
Did a lawyer who listed practice areas in an online directory have to include Tennessee's specialization-certification disclosures?
Vacated. As originally issued, Formal Ethics Opinion 99-F-144(a) (a December 1999 reissue of 99-F-144) concluded that lawyers listing areas of practice on the Internet, including law directories or…
Could a newly appointed municipal judge keep representing city council members in a suit brought by the mayor?
No. The Commission found that continuing the representation created an appearance of impropriety under Canon 2; it left application of the municipal-employment statute to the courts or Attorney General.
May a judge appoint a cousin who rents from the judge's spouse or the judge's own attorney-tenant as defense counsel?
No to either appointment on the stated facts. The cousin fell within the prohibited kinship, and appointing the judge's tenant through a discretionary process could reasonably call impartiality into…
Can an Ohio lawyer set up a website intake form that lets visitors email legal questions and get paid answers from an attorney?
The opinion concluded that a lawyer may place an online intake form on a firm website that lets visitors email legal questions and receive paid email answers, because providing such advice is…
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.