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 public defender also serve on the county school board, given that criminal fines and forfeitures are paid to the board of education?
The opinion concluded that a public defender may serve on the county board of education even though criminal fines and forfeitures are payable to the board. Any theoretical conflict between the board'…
Can a lawyer who represents the borrower also give the lender a legal opinion that the loan does not violate usury or banking laws?
The opinion concluded that a borrower's lawyer may render a legal opinion to the lender bank that the loan does not violate applicable laws. Although the bank's and borrower's interests could conflict…
Can a municipal judge sit on the board of a nonprofit that contracts with the city to provide services to the judge's own court?
The opinion concluded that the Code of Judicial Conduct, Ohio Ethics Law, and related statutes prohibit a municipal judge from serving as a member or officer of the board of a nonprofit corporation th…
Can a sitting judge be a partner in a for-profit business that provides continuing legal education, and can a judge teach for pay?
The opinion concluded that a judge may not be a partner in a for-profit partnership providing continuing legal education, because Canon 5 C(2) bars a judge from serving as an officer, director, manage…
If lawyers keep separate practices in the same building, can they split fees, and how must they protect client confidences and share staff?
The opinion concluded that lawyers with separate practices in the same building are not in the 'same firm,' so fee divisions must meet DR 2-107(A); to protect confidences under DR 4-101 they must keep…
Must a judge step aside when a lawyer in the case works with the judge's spouse, or rents office space from the judge?
The opinion concluded that disqualification is not automatic when a lawyer in a proceeding is employed by, associated with, or in partnership with the judge's spouse; it turns case by case on whether …
Can a lawyer join a for-profit referral service that advertises for clients, screens callers, and refers them to paying attorneys?
The opinion concluded that an attorney should not participate in a for-profit lawyer referral service that jointly advertises, screens callers, and refers them to attorneys who paid for the service, b…
Can an attorney not licensed in Ohio open an Ohio office limited to federal-court practice, and what must the letterhead say?
The opinion concluded that an attorney not admitted in Ohio who sets up an Ohio office for the practice of federal law engages in the unauthorized practice of law under DR 3-101(B), though it does not…
Can an attorney who also serves as a county clerk maintain a private law practice?
The Committee concluded that R. 1:15-2 bars a county clerk only from practicing in court, not from an office practice, but the attorney must refrain from dealings with their own clerk's office, such a…
When a city attorney prosecutes a county's cases under contract, are the two offices one 'firm' that cannot swap conflict cases?
The opinion concluded the contract did not, by itself, make the City Attorney's and County Attorney's offices one 'firm' under ER 1.10, so they could keep exchanging conflict cases. But because the Co…
Can a law firm keep a retired or semi-retired partner's name in the firm name, and what must it disclose?
The opinion concluded a firm may keep a retired partner's name in the firm name where there is a continuing line of succession, and the firm name alone needs no further disclosure. But in any listing …
Can a lawyer apply court-awarded fees held in trust to a client's unpaid balance when the client won't respond?
The opinion concluded the lawyer could apply the court-awarded fees and costs to the balance the client owed, because the funds were awarded to cover his fees, were less than what he had indisputably …
Can an Arizona law firm call itself 'ABCD Law Center' using the partners' initials?
The opinion concluded that 'ABCD Law Center,' built from the partners' initials, is a prohibited trade name under ER 7.5(a), because initials do not sufficiently identify the lawyers actually practici…
Can a lawyer contact a former employee of an adverse corporation, without the corporation's lawyer's consent, to discuss the subject of the representation?
The opinion concluded that the no-contact rule, Model Rule 4.2, does not extend to former employees of an opposing corporate party, so a lawyer may communicate with an unrepresented former employee ab…
Can a district attorney put out a press release describing evidence seized at arrest and saying how the prosecution plans to use it at trial?
The opinion concluded that a district attorney may ordinarily describe physical evidence seized at arrest but may not state how the prosecution intends to use it at trial, which is presumptively likel…
After Michigan dropped the old rule against threatening criminal charges to gain a civil advantage, may a lawyer warn an opponent of possible criminal prosecution?
Yes, within limits. The opinion concluded that because the MRPC dropped the old DR 7-105(A) ban, a lawyer acting in good faith and without harassment may warn of possible criminal prosecution to enfor…
Can a law firm that pledged its accounts receivable to secure a bank loan give the bank its clients' names and addresses?
No, not without each client's consent after consultation. The opinion concluded client identities can be secrets under the confidentiality rule, so the firm may give the bank account balances and agin…
Can an estate-planning lawyer sell life insurance to the same clients through a separate business the lawyer has a financial stake in?
The opinion concluded that a lawyer doing estate planning may not recommend or sell life insurance products to his estate-planning clients when the lawyer has a substantial financial interest in the s…
As the borrower's lawyer, can I give the lender an opinion letter that the lender's own loan documents are legal, valid, binding and enforceable?
The panel declined to extend blanket ethics-panel protection for furnishing such an opinion, viewing it as inconsistent with the traditional adversary system, but advised that it may be proper under R…
Can a Michigan judge who is leaving the bench negotiate for private employment with lawyers or firms that appear before the judge?
A judge may not negotiate for employment with a party or lawyer in a matter the judge is handling personally and substantially; once negotiations begin, the judge should recuse from that party's or fi…
When a lawyer leaves a firm, can he tell his clients they may follow him, and how should the client files be handled?
The opinion concluded a departing lawyer may tell affected clients they can keep their file at the old firm, move it to his new practice, or take it to any other lawyer; he may prepare a client-signed…
Can a firm represent a client suing one division of a bank while another lawyer at the firm represents a different division of the same bank, even with everyone's consent?
The committee concluded that simultaneously representing a borrower against one bank division while representing another division of the same bank was improper, because the two divisions are part of o…
Must a Mississippi lawyer holding settlement funds pay a third party's unpaid expenses from those funds when the third party has no legal claim to them?
The opinion concluded Rule 1.15 requires notifying and paying a third party only where that party clearly is legally entitled to the funds; where a third party has no legal claim to the settlement pro…
Can a lawyer seek a conservator for a mentally ill client who refuses a settlement, and is that a conflict because the lawyer earns a fee if the settlement is approved?
The lawyer may seek protective action only if the lawyer reasonably believes the client cannot adequately act in the client's own interest, and because a neutral probate judge decides whether to appro…
When must a judge step aside because of ties to a former law firm, ongoing buy-out payments, a relative at a firm, or prior service as a city commissioner?
A judge is automatically disqualified for two years from cases brought by a firm the judge belonged to; most continuing financial or family ties require only disclosure and recusal unless a party asks…
Can a state Attorney General seek and receive court-awarded attorney's fees at prevailing market rates rather than at the State's actual cost of providing the legal services?
Formal Ethics Opinion 91-F-125 concluded that the Tennessee Attorney General may request and receive awards of attorney's fees to the State based on prevailing market rates, not limited to a cost-base…
After collecting a one-third contingent fee in a personal injury case, can the same firm charge the client a separate fee to provide financial counseling on the recovery?
Yes. The opinion concluded that financial counseling on managing the recovery is a new and separate matter, so a separate reasonable fee for it does not add to the contingent fee or violate the one-th…
After a criminal client confesses to the lawyer and then fires the lawyer, can the former lawyer disclose the confession to the prosecutor?
No. The opinion concluded a client's confession is a confidence the lawyer may not reveal without the client's consent, and that duty survives discharge; the lawyer had neither a duty nor discretion t…
When may a Florida lawyer divide a fee with an out-of-state attorney who is not a member of The Florida Bar?
The opinion concluded that a Florida lawyer may divide a fee with a practicing out-of-state attorney who provides services or assumes joint responsibility under Rule 4-1.5, but not with a non-Florida …
May a lawyer report a client who has not paid fees to a credit reporting service?
The opinion concluded that a lawyer may report a delinquent client to a credit reporting service only if the client is a former client, no confidential information unrelated to collecting the debt is …
In Kentucky, under what conditions may a lawyer participate in a for-profit, prepaid legal services plan?
A lawyer may participate so long as the plan complies with the prepaid-plan and advertising rules; in-person or telephone solicitation of members by the plan's sales force is improper, and the plan's …
In Kentucky, how may an out-of-state lawyer practice in the state courts, and may a non-lawyer represent a corporation outside small claims court?
An out-of-state lawyer must be admitted pro hac vice and engage Kentucky co-counsel under SCR 3.030(2); a non-lawyer may not represent a corporation in any court other than small claims court.
In Kentucky, may a lawyer take part in cooperative (group-paid) advertising, and may a lawyer participate in a for-profit lawyer referral service?
Cooperative advertising is permitted in qualified form (lawyers may pay for advertising, but trade names are not approved and participants share responsibility for the content), while participating in…
Can a lawyer advertise that he is listed in The Best Lawyers in America or Who's Who in American Law?
The opinion concluded that advertising a listing in The Best Lawyers in America or Who's Who in American Law is a comparative quality claim that cannot be factually substantiated, so it is misleading …
Can a lawyer's letter threaten criminal prosecution to collect a civil obligation like child support?
The opinion concluded that under the current rules a threat of criminal prosecution to gain civil advantage is not unethical per se, because the old DR 7-105(A) ban was not carried forward; it is unet…
Can a lawyer mail the public a branded wallet and an accident checklist as advertising?
The opinion concluded the mailing was permissible. Giving the public a checklist and an embossed vinyl wallet is not paying someone 'for recommending the lawyer's services' under ER 7.2(c), and a nove…
Can a lawyer keep disputed unpaid fees by withholding them from settlement funds the lawyer holds for the client?
No. The opinion concluded that a lawyer may not unilaterally set the fee and withhold it from funds held for the client over the client's objection; under Rule 1.15(c) the disputed portion must stay s…
Do the no-contact and conflict-of-interest rules apply to lawyer and nonlawyer advocates in a state Office of Advocacy when they investigate complaints by agency clients?
The opinion concluded no; because the advocates do not have an attorney-client relationship with the Department's clients, the no-contact rule and the conflict rules do not apply to their statutory ad…
Can a firm drop one current client to convert it into a 'former client' and keep representing another client who is suing it?
The opinion concluded a firm representing client A in litigation directly adverse to current client C must withdraw from that adverse representation, and it may not instead discontinue representing C …
Can a lawyer sign opinion letters for a company that sells living-trust packages prepared by its nonlawyer salespeople, who then steer customers to that lawyer?
Generally no. The opinion concluded the company's individualized trust preparation is the unauthorized practice of law, and a lawyer who supplies opinion letters for it assists that practice under Rul…
My client is charged with murder, maintains his innocence, but wants to plead guilty or nolo for reasons I think are poor. Can I let him plead, and what are my options if I disagree?
The panel concluded that Rule 1.2 requires the attorney to abide by the client's wishes on the plea if the attorney continues the representation, and that the attorney may seek to withdraw under Rule …
Can a lawyer advise or arrange for a person to hide or leave the state so that person won't be available as a witness in a pending case?
The panel concluded it is improper for a lawyer to advise or cause a person to secrete himself or leave the jurisdiction to be unavailable as a witness in pending litigation, because such conduct viol…
Can I ask the state ethics panel to interpret a provision of the Supreme Court Law Clerk Pool Manual?
The panel declined to render an advisory opinion, holding under Rule 2(c) of its own rules that it lacks authority to opine because interpreting the Law Clerk Pool Manual concerns conduct not governed…
Can I invite judges to the opening ceremonies for my new law office?
The panel concluded that there is no ethical problem presented by inviting members of the judiciary to the opening ceremonies of an attorney's newly formed law office.
I worked for a utility for eight years in non-lawyer roles, then got admitted to the bar. Can I now take a state-agency legal job that would put me opposite that utility?
The panel concluded that the facts gave rise to no conflict of interest, because the lawyer had access only to public information as a non-lawyer employee of the corporation and the corporation had ne…
I represented a couple in an adoption. They're now divorcing and fighting over the file: the wife wants it released to her divorce lawyer, the husband objects. What do I do with the file?
The panel concluded, following its earlier Opinion #119 that a file's contents are the clients' property, that the lawyer should seek an arrangement both former joint clients can agree to; failing agr…
Can a salaried lawyer who does outside legal work for a fee remit that fee to a non-lawyer employer, and how much may the employer keep?
The opinion concluded that a salaried lawyer may remit fees from outside legal work to a non-lawyer employer only up to the employer's actual cost (allocated salary and overhead); remitting any excess…
Can lawyers represent a client in a suit when they and others in their firm will be called as critical witnesses on the central issue?
The committee concluded that the lawyers should not have accepted employment to represent the client where they knew or should have known they ought to be called as witnesses on the central fraud issu…
When can a Michigan lawyer treat a flat or fixed fee as earned and move it out of the client trust account into the operating account?
A true nonrefundable retainer is the lawyer's property and need not go in trust, but an advance fixed fee for future work is unearned and must stay in trust until earned; lawyer and client may agree t…
Does independent (Cumis) counsel for an insured defended under a reservation of rights owe the insurer a duty to file a summary judgment motion the client wants withheld, and must counsel file a cross-complaint counsel believes is frivolous?
The committee concluded that independent counsel hired by an insurer to defend an insured under a reservation of rights is counsel for the insured, not the insurer, and may ethically withhold filing a…
Are lawyers who share an office and cooperate on cases, but are not partners, in the 'same firm' for purposes of the fee-division rules?
The opinion concluded that lawyers who practice in association with each other but not as a partnership are not in the 'same firm' under DR 2-107(A), so they must fully comply with the rule's restrict…
Can an Ohio lawyer practice under a trade name like 'Debt Relief Clinic,' use a multistate firm name, and send direct mail to people facing foreclosure?
The opinion concluded that 'Debt Relief Clinic' is a prohibited trade name and misleading name under DR 2-102(B), that practicing as 'X and Associates' with an out-of-state partner is proper under DR …
Can a law firm require a departing associate to pay back a percentage of fees earned from former firm clients who follow the associate?
The opinion concluded that a separation provision requiring a departing associate to pay the firm a percentage of fees later earned from former firm clients who chose to follow the associate is unethi…
Can a part-time county court judge represent a criminal defendant in another county's court, even one who previously appeared before the judge?
The opinion concluded that, under appropriate circumstances, a part-time county court judge may represent a defendant on a traffic charge pending in a municipal court of another county, and that repre…
Can a retired partner who has gone on inactive status to skip CLE still be listed as an inactive partner of the firm and keep receiving retirement payments?
The opinion concluded that retiring partners who take inactive status under Gov.Bar R. VI(8) become exempt from CLE, but listing them as inactive partners in a directory is misleading because it impli…
Must an administrative law judge recuse from a case involving a taxpayer the judge previously handled, or whose case was at the agency while the judge was a staff lawyer?
The opinion concluded that an ALJ must recuse from any matter in which the ALJ previously represented the agency against the same taxpayer, and from any matter where the ALJ's impartiality might reaso…
Can a criminal defense lawyer keep representing a client when a partner once represented a key prosecution witness?
The opinion concluded the lawyer had to withdraw: his partner's prior representation of the witness in a substantially related IRS matter disqualified the partner under ER 1.9(a), and ER 1.10(a) imput…
Can a lawyer work as a part-time assistant district attorney in one county while serving as a full-time police officer in another?
The opinion concluded that a lawyer may not ethically combine the roles of prosecutor and police officer, because of the harm to public confidence in law enforcement and the substantial, unavoidable r…
If a lawyer is also a police officer and cannot do criminal defense work, can the other lawyers in the lawyer's firm take criminal cases?
The opinion concluded that because a lawyer who is a police officer may not represent criminal defendants, the other lawyers in his firm are likewise barred, and DR 5-105(D) provides no screening exce…
Can a lawyer share office space with a private adoption agency that he also represents?
The Committee held the proposed arrangement improper: a lawyer who represents a private adoption agency may not share office space with it, because the shared facility could lead the public to conclud…
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.