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 agree, as a condition of settling a client's case, not to file a grievance against the opposing lawyer?
The opinion concluded that a lawyer may not offer or make an agreement restricting a party or counsel from reporting a lawyer's ethical misconduct to the Attorney Grievance Commission, and may not rep…
Is it a conflict for a city attorney to sue a different municipality when both cities belong to the same self-funded liability pool?
The opinion concluded it is not a conflict of interest for a city attorney to sue a municipality the attorney does not represent, even though the attorney's client city and the defendant city belong t…
Can a court-appointed criminal defense lawyer withdraw after the indigent client files a bar complaint against the lawyer?
The opinion concluded that once an indigent client files a bar complaint against appointed counsel, the resulting conflict of interest is great enough that the attorney may ethically request to withdr…
May a divorce lawyer take a mortgage on the client's former marital home to secure fees, if the mortgage is taken after the divorce judgment dividing the property is final?
The opinion concluded that once the divorce judgment is final the litigation has ended, so the ban on acquiring a proprietary interest in the subject of litigation is generally inapplicable, though re…
When a client owes settlement money to a third party, must the lawyer withhold the proceeds from the client, or pay them over as the client directs?
The opinion concluded the lawyer must pay the client who owns the claim, even knowing the client may not pay the third party, unless the lawyer made an authorized promise to hold the funds; in that ca…
Can one law firm keep representing both the parents and an injured child after the parents are sued as third-party defendants for the child's injuries?
The opinion concluded that because a conflict or potential conflict exists, the firm should move for appointment of independent counsel to evaluate the minor's interests, since a minor cannot consent …
Can a county attorney run a criminal investigation of a decedent when the deputy who shares his office is handling that decedent's estate?
No. The opinion concluded that the office-sharing county attorney and deputy are analogous to a firm, so the county attorney cannot conduct the investigation while his deputy represents the estate, an…
Must a lawyer tell the bankruptcy court that a former client secretly got back the settlement funds at issue and put them in a trust, even though the client invokes privilege?
The Committee concluded the lawyer must first make a good-faith effort to get the former client to authorize disclosure to the bankruptcy court, and if that fails, must disclose the fact without the c…
In Kentucky, may a lawyer name people as expert witnesses in a pretrial statement when the lawyer has never contacted them?
No. The opinion concluded that listing experts a lawyer has not contacted is a deceptive practice, especially where the lawyer has no intention of contacting them.
In Kentucky, if a lawyer sits on a zoning board or planning commission, may the lawyer's partners or associates represent clients before that board?
No. The opinion concluded that a lawyer who sits on a zoning board may not appear before it, and that the lawyer's partners and associates are likewise disqualified, even if the member-lawyer recuses.
Can a county child-support office help a non-custodial parent reduce support it earlier helped the custodial parent obtain?
The opinion concluded that if an attorney-client relationship was formed with the custodial parent, ER 1.9 bars the office from later helping the non-custodial parent seek a downward modification, sha…
Can a lawyer charge a contingent fee to collect past-due child support or spousal maintenance?
The opinion concluded a lawyer may charge a contingent fee when retained solely to collect already-fixed child-support or spousal-maintenance arrearages, because the amount is set and the domestic-rel…
Can a law firm guarantee repayment of a loan its client takes out for living expenses during litigation?
The opinion concluded that a law firm's guarantee of a third-party loan to a client in litigation violates ER 1.8(e), because the guarantee is itself financial assistance: it gives the firm an incenti…
Can a lawyer disclose that a client threatened suicide, or threatened to take a defendant 'down with him'?
The opinion concluded that if suicide is a crime in Arizona (a question of law), ER 1.6(b) requires disclosure to prevent it; if it is not a crime, the lawyer may still take protective action under ER…
When a lawyer leaves a firm, may he write to the clients he worked with, and do the solicitation rules apply?
The opinion concluded a departing lawyer may contact clients he worked with at the firm. Because those clients have a 'prior professional relationship' with him, ER 7.3's in-person/written solicitatio…
Does serving as an unpaid judge pro tem count toward a lawyer's pro bono service?
The opinion concluded that an attorney who serves as a judge pro tem without pay may count that service as pro bono publico under ER 6.1, because the rule reaches activities that improve the law, the …
Can a lawyer or law corporation act as trustee to collect clients' delinquent accounts receivable, filing suit when needed, for a contingent fee?
Yes, if the trust is properly established. The opinion concluded the arrangement is not prohibited by ethics or statute, but the contingent fee must be freely contracted and reasonable, and the lawyer…
My personal injury client settled but refuses to pay the treating physicians' bills I secured with a lien. Can I pay the doctors anyway, and what are my options?
The panel concluded that the attorney may not compel payment of the medical bills from the settlement funds; the attorney may move to withdraw under Rule 1.16(b)(3) if the client insists on a course t…
I left the firm where I was an associate. Can I sue a delinquent client for my share of the fee, do I still have to show up for the firm's clients, and can I be forced to keep representing them?
The panel declined the fee-suit question as a legal rather than ethical matter; held that once an appearance is entered a lawyer may withdraw only with the court's permission or on discharge and leave…
Can I defend another lawyer in a disciplinary complaint brought by someone who says I recommended that lawyer to them, if I never actually represented or dealt with that person?
The panel concluded that the inquiring attorney may represent the lawyer before the Disciplinary Board, because an attorney-client relationship never existed between the inquiring attorney and the com…
I represent one client in a civil matter and previously represented another person in an unrelated criminal matter. The former client might testify against my current client. Is that a conflict?
The panel concluded that Rule 1.9 controls and that no conflict of interest arises, because the reasons the attorney was engaged by the two clients are so unconnected that they do not amount to the sa…
My personal injury client signed a medical lien agreement but now demands that the insurer's checks for medical expenses be paid straight to the client. What do I do with funds the providers are also claiming?
The panel concluded that the attorney may not pay the medical providers out of funds received on the client's behalf without the client's consent; the obligation to pay rests with the client, and if t…
I drafted the note and mortgage for a real estate sale, and now the buyers want me to represent them in a lawsuit claiming the purchase price on the settlement sheet was false. Can I take the case?
The panel concluded that under Rule 3.7 the attorney cannot represent the buyers in the action, because the attorney prepared the transaction documents and has knowledge of a material issue, making th…
My current client in a criminal case gave me information that implicates a former client I once represented on an unrelated misdemeanor. Is that a conflict?
The panel concluded that Rule 1.9 controls and that no conflict of interest arises, because the attorney's representation of the two clients does not involve the same or a substantially related matter…
I'm counsel to a struggling corporation and think its board can't manage its own affairs. Can I ask a court to remove the board, audit the books, and appoint a property manager?
The panel concluded that the corporation's Board of Directors is the client, that the attorney may not substitute the attorney's judgment for the client's, and that the attorney must either comply wit…
My partner handled the real estate closing for a couple who are now divorcing, and another partner once hired the husband's plumbing company. Can our firm represent the wife in the divorce?
The panel concluded that a conflict arises under Rule 1.9 as to the jointly purchased real estate the partner closed unless the husband gives informed consent; that the other partner's earlier use of …
A prosecutor subpoenaed me to a grand jury to testify about when and how long I met with a client and what I observed. Do I have to go, and what can I refuse to answer?
The panel concluded that the attorney-client privilege does not by itself excuse an attorney from appearing before a grand jury; the attorney must appear if subpoenaed, must assert the privilege on th…
My personal-injury client is struggling to pay the mortgage. Can I lend the client money to help cover the monthly payments?
The panel concluded that Rule 1.8(e) prevents the attorney from lending the personal-injury client money to assist the client in meeting monthly mortgage obligations.
I want to mail prospective clients a letter about bankruptcy and debt collection. How must I label it and what disclaimer does it need?
The panel concluded that under Rule 7.3(b)(1)(a) the letter must be plainly marked 'advertisement' on the envelope and at the top of each page in type one size larger than the largest type used, that …
I want to mail people who might qualify for the Victims' Compensation Fund. Is that allowed, and what do I have to tell them about fees and costs?
The panel concluded that such a mailing is permissible under Shapero v. Kentucky Bar Association as long as the letter is truthful and not deceptive, and that the letter should clearly state the clien…
I represent two co-defendants in a civil case, and I've found evidence that clears one of them and pins the liability on the other. Can I keep representing both?
The panel concluded that Rule 1.7 prevents the attorney from representing both co-defendants because their interests are so materially adverse that the attorney could not reasonably believe representi…
My client accepted a settlement offer and now wants to back out and keep litigating. Can I withdraw from the representation?
The panel concluded that a client's acceptance of a settlement offer creates a binding contract, and that if the client wishes to repudiate the settlement the attorney may properly withdraw under Rule…
My sibling is a lawyer representing the other side in a case I'm handling. Do I need client consent, and does the conflict spread to everyone at my firm?
The panel concluded that Rule 1.8(i) requires client consent, based on a thorough explanation of the relationship, where a lawyer knows a parent, child, sibling, or spouse represents an adverse party,…
I left a job in the state Executive Department to enter private practice. Can I represent private clients before that department right away?
The panel concluded that Rule 1.11 and Rhode Island General Laws § 36-14-5 prohibit the attorney from representing a private client before, or appearing before, the Executive Department for one year f…
I wrote a divorce booklet and want to advertise it. Does the ad need the Rhode Island specialization disclaimer?
The panel concluded that the advertisement for the booklet should include the Rule 7.4 disclaimer that Rhode Island does not have a procedure for certification or recognition of specialization by lawy…
I was retained on a contingent fee to advise a pro se litigant, but the client has vanished and missed discovery. I never entered an appearance. Do I have to, and what do I tell the court?
The panel concluded that the attorney has no duty to enter an appearance for the client because the client cannot be located, and that it would be appropriate for the attorney to inform the court of t…
My client is unhappy with my work and won't pay my fees after the trial ended. Can I withdraw from the representation?
The panel concluded that under Rule 1.16(b) the attorney may properly withdraw if the client continues to refuse to pay for the services rendered and the attorney gives the client reasonable warning t…
A town invited me to teach a course. Can I run a newspaper ad with my name and the course details, and what disclaimers do I need?
The panel concluded that it would not be improper under Rule 7.2 for the attorney to advertise the course in a newspaper of general circulation, provided the advertisement contains no false or mislead…
A former client made statements to me that had nothing to do with my representation of them, and now they're in a dispute with my relative. Can I testify about what the former client said?
The panel concluded that the situation is governed by Rule 1.9 and that the lawyer may testify about the former client's statements so long as those statements did not arise from the attorney-client r…
Can a law firm's partnership or employment agreement restrict a departing lawyer from contacting former clients or competing?
The opinion concluded that firm agreements may not restrict a lawyer's right to practice after leaving (except for retirement benefits), may not bar contacts a non-member lawyer could make, may not in…
Can a New York lawyer charge a fee paid in advance and call it 'nonrefundable'?
The opinion concluded that minimum fees, flat fees, and traditional retainers can be reasonable and proper, but no advance fee is ever literally nonrefundable, so a lawyer may not characterize an adva…
Must court-appointed counsel turn over the entire file, including personal notes and diaries, at no cost when the client later claims ineffective assistance?
The committee concluded that materials dictated or prepared for the client's specific case must be given to the client, while a diary kept as a general log across all the lawyer's clients need not be …
How long must a lawyer keep closed client files before destroying them, and what has to be returned to the client first?
For a reasonable time judged file by file. The opinion concluded the rules set no fixed retention period, but a lawyer must return client property, keep what may be needed later, notify the client bef…
If a current client files a grievance against the lawyer, does the lawyer have to withdraw from the client's matter?
Not necessarily. The opinion concluded the lawyer need not withdraw if a disinterested lawyer would reasonably conclude the representation would not be adversely affected by the pending grievance; whe…
Will the ethics committee decide a conflict question about something the lawyer's firm has already done?
The Committee declined the township attorney's conflict inquiry on the same ground as Opinion 650: it rested on actual facts that had already occurred, and the Committee advises only on contemplated f…
Will the New Jersey ethics committee give an opinion about conduct a lawyer has already engaged in?
The Committee declined jurisdiction, explaining that it advises only on a lawyer's contemplated future conduct; completed or present conduct is for the disciplinary authorities (the Office of Attorney…
Can a lawyer in financial trouble file personal and professional-corporation bankruptcy and discharge clients' claims?
The opinion concluded that filing Chapter 7 bankruptcy, personally and for a professional corporation, is not itself a rules violation, including seeking to discharge malpractice claims and a landlord…
Can a lawyer advance money for a client's medical care during litigation, or instead give the client a gift?
The opinion concluded a lawyer may not advance or guarantee funds for the client's daughter's medical care, because ER 1.8(e) bars such litigation-related financial assistance. But the lawyer may make…
Can a lawyer waive his contingent fee and the costs he advanced to let a client accept a settlement?
The opinion concluded that a lawyer who waives both his contingent fee and the costs he advanced at the end of a case does not violate ER 1.8(e), because he keeps no personal stake in the recovery and…
Can a lawyer tell a client to contact the represented opposing party directly to talk settlement, and what if the client does it on their own?
The opinion concluded a lawyer may not advise or encourage a client to contact a represented adverse party directly, need not stop a client who does so on their own, but may not assist or advise on th…
May a court-appointed criminal defense lawyer accept a gift from the indigent client, such as cookies, an oil change, or a small amount of cash?
The opinion concluded that unsolicited nominal gifts (a box of cookies, an oil change) are not compensation barred by the appointed-counsel rules, but a cash gift of any amount should be refused becau…
Can a Michigan law firm advertise and hold a free seminar inviting people who lost money in an investment to learn about possible legal recourse?
The opinion concluded that a firm may run a print ad inviting similarly situated investors to a free seminar explaining the law and possible recourse in general terms, where no individual claims are a…
When a lawyer is hired by the personal representative of an estate to pursue a wrongful death claim, who is the lawyer's client, and can the lawyer also represent an heir who disputes the distribution?
The lawyer represents the personal representative as fiduciary, not the heirs; the lawyer cannot also represent an heir challenging the proposed distribution, and must withdraw from all clients if joi…
Can a New York lawyer refer a real estate client to a title abstract company the lawyer owns and collect a share of the title premium?
The opinion concluded that it is improper, per se, for a lawyer to refer a real estate client to an abstract company in which the lawyer has an ownership interest, because the personal-interest confli…
Does the lawyer-as-witness rule bar a lawyer from doing pre-trial work, and must she withdraw if she might be called only to impeach a defense witness?
The opinion concluded Rule 3.7's lawyer-witness prohibition does not apply to the pre-trial phase, so the lawyer may continue through discovery; she must withdraw from the trial only if she becomes li…
Can a judge or judicial candidate buy an advertisement in a political party's ad book in Michigan?
The opinion concluded that a judge or candidate may place an advertisement in a political party's ad book so long as the ad is a plain 'tombstone' notice that does not amount to a speech on behalf of …
When an attorney files a labor-certification permanent-resident visa application for an undocumented worker, requiring representation of both the worker and the employer, what consent and confidentiality duties apply when the later visa petition must disclose the unlawful employment?
The committee concluded that mutual informed written consent of both the alien and the employer is required before the attorney undertakes the representation, because a later step requires disclosing …
Can a lawyer give a title insurer a limited title opinion by updating (tacking onto) a prior lawyer's title search instead of doing a full search?
The opinion concluded that a lawyer could render a limited title opinion based on updating a prior search, without personally inspecting every document in the chain of title, if the lawyer fully discl…
Can an assistant district attorney also serve on the county school board, given that criminal fines and forfeitures are paid to the board?
The opinion concluded that an assistant district attorney may prosecute criminal cases while serving on the county board of education. Any theoretical conflict between the board's interest in maximizi…
Can a lawyer put a clause in the engagement agreement requiring any future fee or malpractice dispute with the client to go to binding arbitration?
The opinion concluded that a lawyer may suggest, and even require by an engagement-letter clause, that future disputes with the client be referred to a private alternative dispute resolution program f…
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.