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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When a lawyer leaves a law firm, who notifies the clients, and what can the departing lawyer and the firm say about continued representation?
The opinion concludes that both the departing lawyer and the firm have an ethical duty to ensure affected clients are informed of the departure, and they may notify clients jointly or separately. The …
Does a lawyer have to tell the client when the lawyer is friends with, or in a relationship with, opposing counsel?
It depends on how close the relationship is. The opinion sorts relationships with opposing counsel into intimate relationships, friendships, and acquaintances. Intimate relationships generally require…
Can a lawyer also work as a wealth manager, charge the same clients for both, send clients to a financial planner for a referral fee, or sell financial products to non-clients?
The opinion concludes a lawyer may not provide legal and wealth management services to the same client for separate fees (an unconsentable conflict), may not take a referral fee for sending a law clie…
What must a Colorado lawyer do after a data breach exposes client information?
The opinion concludes a lawyer must make reasonable efforts to prevent, monitor for, stop, and investigate any breach of data the lawyer controls, and must timely notify current clients and affected t…
After a client dies, can a Kentucky lawyer reveal the client's confidential information or waive the attorney-client privilege?
Yes to both, within limits. The lawyer may reveal information when reasonably believed necessary to carry out the purposes of the representation, and both the lawyer and the decedent's personal repres…
What conduct does Model Rule 8.4(g) prohibit as harassment or discrimination, and how far beyond the courtroom does it reach?
The opinion concludes Rule 8.4(g) makes it misconduct for a lawyer to engage in conduct related to the practice of law that the lawyer knows or reasonably should know is harassment or discrimination o…
Can a lawyer run a separate website that helps pro se litigants generate court filings through an automated system without forming an attorney-client relationship?
Sometimes. The opinion concludes a lawyer may operate a separate business offering generic do-it-yourself forms only if it is not used to solicit the lawyer's legal practice; once an attorney reviews …
Can a Wisconsin lawyer cross-examine a current or former client who is an adverse witness in another case?
The opinion concludes that cross-examining a current client is always a conflict under SCR 20:1.7 that requires both clients' signed informed consent to continue, and cross-examining a former client i…
How must a former government lawyer respond to a subpoena or court order seeking confidential information from a matter they handled in government service?
The opinion concludes a former government lawyer may disclose a former client's confidential information when reasonably believed necessary to comply with a court order, but must first consult the for…
Does a lawyer who gives free, limited-scope legal help through a nonprofit program still get Rule 6.5's relaxed conflict rules if the program pays the lawyer a nominal fee?
Yes. The opinion concludes that paying participating lawyers a nominal or below-market fee does not displace Rule 6.5's actual-knowledge conflicts standard, but the third-party payment triggers Rule 1…
Can a lawyer refer a client to a litigation funding company owned by the lawyer's sibling for a non-recourse loan to cover litigation expenses?
Yes, with a written waiver. The opinion concludes the referral is not barred by Rules 1.8(e) or 1.8(i) because the lawyer has no interest in the sibling's company, but it creates a Rule 1.7(a)(2) pers…
Can a New Hampshire lawyer research jurors on social media during a trial, and what crosses the line into prohibited contact?
The opinion concludes a lawyer may review a juror's public social media but may not send any access request and must avoid triggering any platform notification the juror would see; the Committee treat…
After a lawyer leaves a firm, must the lawyer keep representing the firm's clients who did not retain the lawyer's new firm, just because the old firm sent over their files?
No. The opinion concludes that clients who did not retain the departing lawyer's new firm are former clients to whom the lawyer owes only the limited duties owed any former client; the old firm cannot…
Can a Maine criminal defense lawyer keep representing clients while applying for a job at a prosecutor's office?
Yes. A defense lawyer may continue representing clients while seeking a prosecutorial position, but must get the client's informed written consent once the lawyer has a material, active role in the ca…
Can a law director or assistant law director try a case in which another lawyer from the same office will testify as a witness for the city?
The opinion concludes this is a fact-specific determination. A law director or assistant law director may act as an advocate in a trial where another lawyer in the office testifies only when the testi…
Can a law firm that represents a public board on general matters also represent landowners opposing a zoning variance sought by an agency the board funds and supports?
The opinion concludes that, on these facts, no direct adversity conflict exists because the board is not a party to the zoning matter, but a material limitation conflict does exist: the firm's duty of…
Can a Mississippi lawyer store client confidential information with cloud-based services like Dropbox or Google Cloud without violating the duty of confidentiality?
Yes. The opinion concludes that lawyers may use cloud-based storage for client confidential information, but MRPC 1.6 imposes an affirmative duty to take reasonable precautions in selecting and using …
Does a lawyer for an executor owe duties to the estate's beneficiaries, and what may the lawyer do if the executor appears to be hiding assets from the Surrogate's Court?
The opinion concludes the lawyer's only client is the executor, not the beneficiaries; the lawyer may withdraw for non-cooperation or suspected fraud, must disclose the executor's fraud to the tribuna…
When does talking to someone who never hired me disqualify me from representing the other side later?
The opinion concludes that under Rule 1.18 a lawyer who learns information from a prospective client that could be significantly harmful to that person is disqualified from later representing an adver…
Does a New York lawyer have to keep a firm's thousands of old, closed client files indefinitely, or can the lawyer dispose of files no one has asked for?
The opinion concludes that, with key exceptions, no Rule requires a lawyer to keep unsought closed files indefinitely; the lawyer must indefinitely retain intrinsically valuable originals (wills, deed…
Can a lawyer admitted only in New York practice at a New York office of a D.C.-based firm that uses a trade name, and may the New York office keep a surname-based name and advertise the affiliation?
The opinion concludes that a lawyer admitted only in New York may not practice in New York under a firm trade name, even one permitted where the firm is organized; the New York office may keep a surna…
Can a D.C. lawyer accept cryptocurrency, like Bitcoin, as payment for legal fees or in settlement of a client's claim?
The opinion concludes there is no per se bar to a D.C. lawyer accepting cryptocurrency, provided the fee is reasonable under Rule 1.5. When the lawyer takes cryptocurrency as an advance fee or calcula…
When a municipal corporation counsel learns that municipal employees may have misappropriated public funds, what must the lawyer do, and does having represented those employees in their official capacity change the answer?
The opinion concludes that corporation counsel's client is the municipality alone, so the lawyer should report credible allegations of serious employee wrongdoing up to the highest municipal authority…
Can a New York lawyer add nonlawyer family members as minority members of the PLLC through which the lawyer practices, so they can get retirement and health benefits?
No. The opinion concludes that Rule 5.4(d) bars a lawyer from practicing in a for-profit entity in which a nonlawyer holds any ownership interest or membership, so a PLLC providing legal services may …
Can a New York lawyer ask a client to name an emergency or alternate contact person, and reach out to that person when the lawyer cannot otherwise reach the client?
Yes. The opinion concludes that a lawyer may ask a client to designate an alternate contact and, when ordinary means fail, may contact that person and disclose that the lawyer has been unable to reach…
What are a prosecutor's and defense lawyer's ethical duties toward the victim in a domestic violence case?
The opinion concludes that the alleged victim is the client of neither the prosecutor nor defense counsel; both must avoid implying they represent the victim, may not give the victim legal advice beyo…
Can a Utah lawyer renegotiate a flat fee if the matter turns out larger than expected?
The opinion concludes that a lawyer who unilaterally underestimated the scope of a matter cannot simply renegotiate the flat fee; a renegotiation for the lawyer's advantage is a business transaction w…
Can a Kentucky lawyer give advice or information to an unrepresented opposing party?
No advice (other than the advice to get a lawyer), but a qualified yes on information. Under Rule 4.3, once the lawyer makes clear they represent an adverse party, they may explain documents, procedur…
Can a New York lawyer who serves as co-executor of an estate use the lawyer's attorney trust account to hold and pay out estate funds that come to the lawyer only as executor, not as the estate's attorney?
No. The opinion concludes that an attorney trust account is only for funds received incident to the practice of law, so funds the lawyer holds solely as an executor, in a separate fiduciary capacity, …
Can a New York lawyer who also works as a village police officer represent defendants in traffic court, in the county where the officer serves or in other counties?
No in the same county. The opinion concludes the officer may not represent traffic court defendants in the county where the village police department sits, because that Rule 1.7(a)(2) conflict is not …
If a New Hampshire lawyer learns information from a prospective client that is adverse to a current client, can the lawyer tell the current client, and must the lawyer withdraw?
The opinion concludes a lawyer may not reveal a prospective client's information to a current client without the prospective client's written informed consent, and must withdraw from the adverse curre…
If I have to withdraw from a contingent-fee case because of a nonconsentable conflict, can I still split the fee with the successor lawyer, or at least recover for the work I did first?
Per the Committee, a lawyer who withdraws for a nonconsentable conflict may not divide fees based on joint responsibility (the conflict bars it), and may not divide fees in proportion to services wher…
When does a lawyer have to ask questions before helping a client with a transaction that might be a crime or fraud?
The opinion concludes that Rule 1.2(d) bars assisting a client in conduct the lawyer knows is criminal or fraudulent, that this knowledge can be inferred from circumstances and includes willful blindn…
Can a legal aid society avoid conflict imputation between its divisions and programs by screening them, or by treating each division or program as a separate law firm?
The opinion concludes that screening cannot defeat conflict imputation under Rule 1.10(a), but certain screening elements can help show that a not-for-profit legal services organization's divisions ar…
Can one law firm represent two clients in separate but related criminal cases arising from the same events, where each client is a witness in the other's case, and can the conflict be waived?
The opinion concludes that concurrently representing both clients is a conflict because their interests differ, and the conflict is imputed firm-wide; whether it can be waived is highly fact-intensive…
What are a Pennsylvania firm's duties when one of its lawyers is impaired by illness or addiction?
The opinion endorses D.C. Bar Opinion 377 and concludes that managing lawyers must take reasonable steps under Rule 5.1, that an impaired lawyer may need to withdraw under Rule 1.16(a)(2) with appropr…
What are a Pennsylvania lawyer's ethical duties when working from home or another remote location?
The opinion concludes that lawyers working remotely have the same confidentiality and competence duties as in the office, and must take reasonable precautions, technological and physical, to protect c…
If a prospective client gave fabricated records to an agency, must the lawyer disclose the fraud, and does it matter whether the lawyer takes the case?
The opinion concludes that a lawyer should not represent a prospective client who gave fabricated records to an administrative agency unless the client agrees to correct them. If the client later fail…
If I'm a staff lawyer employed by an insurance company to defend its insureds, do I have to follow the company's litigation guidelines, and what if it cuts my support staff?
Per the Committee, a staff lawyer may follow the insurer's guidelines only if the lawyer's affiliation with the insurer is disclosed to the insured, the guideline does not interfere with the lawyer's …
Can a judge discuss a pending case with another judge, including over a judicial listserv, for guidance?
The opinion concluded that a judge may consult another judge, individually or by listserv, to seek guidance in carrying out adjudicative responsibilities, so long as the judge does not receive factual…
When a client hires a new contingent fee lawyer, must that lawyer tell the client the prior lawyer may still claim a fee?
Yes. The opinion concludes that successor counsel in a contingent fee matter must inform the client in writing that predecessor counsel may have a claim for compensation and explain how that claim aff…
Does a judge have to check whether a person can actually pay before jailing them for unpaid court fines, fees, or debt?
Yes. Before using incarceration for failure to pay fines, fees, restitution, bail, or civil debt, a judge must make a meaningful inquiry into the litigant's ability to pay, and may not act under a fin…
Can a Colorado lawyer act as escrow agent for all parties to a deal while also representing one party in it?
Yes, with informed consent. The opinion concludes a lawyer may serve as escrow agent for all parties and as counsel to one of them in the same transaction if all parties consent after full disclosure …
Can a New York lawyer market freelance or per diem services to other lawyers under the name 'Surname Esquire,' and must the lawyer keep a separate bank account and other records?
The opinion concludes a lawyer may market per diem services to other lawyers as 'Surname Esquire'; marketing aimed only at lawyers is not attorney advertising; a freelance lawyer who holds no one else…
Can a lawyer take a spot on a counterparty's list of designated counsel for the funders in a financing deal, paid from the deal proceeds, when the counterparty tries to limit the lawyer's role?
The opinion concludes a lawyer may serve as designated counsel recommended and paid by the counterparty only if the third party does not interfere with the lawyer's independent professional judgment a…
When a client or third party files a grievance against a Wisconsin lawyer, must the lawyer withdraw, and what can the lawyer disclose?
The opinion concludes that the mere filing of a grievance does not by itself create a conflict requiring withdrawal or client consent, though it may support permissive withdrawal; but if the grievance…
Can a lawyer refer a client to a third-party broker or lender to finance the lawyer's fee, similar to financing a purchase?
Yes, with safeguards. The opinion concludes a lawyer may direct a client to a third-party broker to finance the lawyer's fee if the lawyer has no interest in the lender, takes no referral fee or direc…
Can a lawyer prepare a different deed at the direction of the client's real estate agent instead of the deed the sale contract requires?
The opinion concludes that a lawyer should not draft a deed different from the one the executed contract requires, at the agent's direction and without the client's consent, if the change would affect…
Can an in-house lawyer sign an employment contract with a non-compete that restricts practicing law after leaving the job?
The opinion concludes that an in-house lawyer may not agree to an employment contract whose covenant not to compete would restrict the lawyer's right to practice law after separation, because Prof.Con…
Can a lawyer represent a non-party deposition witness mid-deposition while already representing a party in the same matter?
The opinion does not flatly prohibit it, but warns the arrangement raises serious conflict, scope, confidentiality, and fee issues. The lawyer must identify any conflict, disclose it, and obtain infor…
Can a North Carolina lawyer agree to an 'attorney eyes only' protective order that keeps discovery material from the lawyer's own client?
Yes. Under Rule 1.2(a)(3), a lawyer may exercise professional judgment to accept discovery under an 'attorney eyes only' restriction if the lawyer concludes it is reasonably necessary to obtain releva…
Can a New York lawyer holding hundreds of old original wills dispose of them when the testators cannot be located after a diligent search?
No. The opinion concludes that a will is property under Rule 1.15(c), so a lawyer custodian who cannot locate the testator must safeguard the wills indefinitely unless the law provides a way to file o…
Can a Pennsylvania lawyer copy or blind-copy a client on emails to opposing counsel, and can opposing counsel reply to all?
The opinion concludes that copying or blind-copying a client on email to opposing counsel risks disclosing confidential information and a client reply-all, so lawyers should limit it, flag it, and spe…
Can a New York contingency-fee lawyer charge interest on litigation disbursements the lawyer advanced but the client did not pay, and must the lawyer use the 9% statutory rate?
The opinion concludes a contingency-fee lawyer may charge interest on unpaid disbursements if a signed written agreement discloses the terms, the client is billed promptly with a chance to pay first, …
Can a lawyer who is outside counsel to a company communicate with third parties from the client's email address, with the client's logo and a title like 'Corporate Counsel and Chief Compliance Officer'?
Yes, if true. The opinion concludes that under the Rule 7.5(a)(4) safe harbor, a lawyer who devotes substantial professional time to the client may use the client's email, logo, and an accurate office…
Could a New York lawyer open a New York branch of an out-of-state firm and practice under the firm's trade name, where the firm's home state permits trade names?
No, under the rule as it stood. The opinion concluded that Rule 7.5(b) barred a New York lawyer from practicing under a trade name in New York even as a branch of an out-of-state firm allowed to use t…
After I withdrew from representing a joint venture, its remaining owner demands I disclose whether I helped my other client negotiate a sale. Must I?
No. The panel concluded that, absent the consent of the lawyer's client (Company A), Rule 1.6 prohibits the lawyer from disclosing information relating to Company A's potential sale, including whether…
Can a New Hampshire lawyer disclose the identity of a client without violating the Rules of Professional Conduct?
Generally no. The opinion concludes a client's identity is information relating to the representation under Rule 1.6, so a lawyer may not disclose it unless the client gives informed consent, disclosu…
Can a Texas lawyer run an out-of-state firm's new Texas office as its only lawyer if she is an associate, not a partner, and the firm's partners are not licensed in Texas?
Per the Committee, yes; an out-of-state firm may open a Texas office whose only resident lawyer is a non-partner, provided that lawyer qualifies as a 'firm lawyer' reasonably considered to be 'in' the…
Can a Texas lawyer ask current and former clients to leave positive reviews and star ratings on Google or social media?
Per the Committee, yes; the rules do not prohibit a lawyer from encouraging current and former clients to post positive online reviews or ratings, provided the lawyer does not encourage them to make s…
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.