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 County Counsel has a conflict of interest in a juvenile dependency case, can it keep representing the agency and just drop the child, or must it withdraw from representing both?
The committee concluded that when County Counsel has a conflict between the child and the Department of Children's Services, County Counsel should be relieved of representing both, and the court shoul…
Can a law firm act as a neutral 'escrow agent' preparing closing documents for both the buyer and seller of a business?
The opinion concluded no; drafting closing documents requires independent judgment for both sides whose interests diverge, and it is not 'obvious' the firm can adequately represent each, so the arrang…
Can volunteer lawyers serve as administrative judges or mediators for an agency and also represent parties before it, and can a firm represent complainants against the City it also serves?
The opinion concluded that whether a volunteer judge's or mediator's firm is disqualified turns on whether the role is treated as a part-time judge (firm-wide disqualification) or a judge pro tempore,…
Can a Colorado lawyer settle a malpractice claim with their own client, and what protections does the client get?
The opinion concluded that a lawyer may settle a client's malpractice claim against the lawyer only after disclosing the facts and the nature and extent of the claim, advising the client (preferably i…
When an insurer defends under a reservation of rights and pays for independent counsel, can the lawyer follow the insurer's billing and litigation-control requirements?
Only to a limited extent. The opinion concluded that independent counsel may not comply with insurer billing or litigation-control requirements that materially limit the representation or interfere wi…
Must a real estate lawyer tell a new buyer-client that he once drafted the broker's standard purchase-and-sale form?
The opinion concluded no; the lawyer's past authorship of the broker's form and occasional unrelated advice to the broker were not connections he should reasonably have known would influence the clien…
Can a firm take a matter against a former client once all the lawyers who handled that client have left the firm?
The opinion concluded that a firm may represent a client against a former client in a substantially related matter once all the firm lawyers who represented the former client have left and no remainin…
Can a lawyer require a client to agree to arbitrate all fee and malpractice disputes in the retainer agreement?
The opinion concluded that a lawyer may not insist that a client sign a fee agreement requiring arbitration of all fee and malpractice disputes unless the client is actually represented by other couns…
When a Michigan lawyer leaves a law firm to start a new practice, can the lawyer mail announcements to clients of the former firm?
The opinion concluded that a departing lawyer, whether an associate or a partner, may send announcements stating the lawyer's new association, address, and phone number to clients of the former firm, …
If a woman consulted a lawyer about her divorce, can another lawyer in that same firm later represent her husband in the divorce?
No. The lawyer who consulted with the wife is disqualified from representing the husband, and that disqualification is imputed to the entire firm, even if no fee was charged and the lawyer kept no not…
When can a lawyer or firm use the title 'of counsel' to describe a relationship with another lawyer or firm, and what conflicts consequences follow?
The opinion concluded that the title 'of counsel' (and variants like 'counsel,' 'special counsel,' or 'senior counsel') may be used as long as the relationship between the lawyer and the firm is a clo…
Can a New York lawyer accept a referral fee and pass half of it to a former associate who has since been disbarred?
The opinion concluded that a lawyer may accept a referral fee that satisfies DR 2-107(A), and may pay a disbarred former associate a share of fees that accrued up to the date of disbarment, determined…
Can a New York lawyer hire a collection agency to collect an unpaid legal fee from a client?
The opinion concluded that, overruling earlier guidance, a lawyer may use a collection agent to recover a fully earned legal fee, but only after exhausting all reasonable efforts short of litigation a…
When must a New York lawyer report another lawyer's misconduct, and what does the amended DR 1-103(A) change about the knowledge required and the conduct covered?
The opinion concluded that the 1990 amendment to DR 1-103(A) keeps mandatory reporting but requires actual knowledge (not suspicion), limits the duty to misconduct raising a substantial question about…
Does a lawyer's part-time employment by a university bar his firm from defending a former university employee in an unrelated criminal case?
The opinion concluded the representation was proper after disclosure and consent: there was no attorney-client relationship with the university, so the criminal case created no conflict, and a persona…
When an insurance company's salaried staff lawyer defends an insured, who is the client, and can a non-lawyer claims supervisor direct the lawyer's work?
The opinion concluded the insured, not the insurer, is the staff lawyer's client; the lawyer must keep his independent professional judgment free of direction by the company or its non-lawyer claims p…
Can a part-time judge pro tempore serve as an officer or board member of a political party organization in Ohio?
The Board concluded that Canon 7(A)(1)(a) bars a judge, a judge pro tempore, or a judicial candidate from acting as a leader or holding office in a political organization, and that a judge pro tempore…
When a client has given fabricated records to an agency, must an Ohio lawyer disclose the fraud, or does confidentiality control?
The Board concluded that information about a client's fraud is privileged and may not be disclosed unless permitted under DR 4-101(C); a lawyer may not offer false evidence, must try to persuade the c…
Can a lawyer suspended from practice work as a paralegal in an Ohio law office under a licensed lawyer's supervision?
The Board concluded that a suspended or disbarred lawyer is not prohibited from working as a non-lawyer paralegal in a law office, provided the office exercises close supervisory control to prevent th…
Can an Ohio judge ask the local bar association to help with a program without creating an appearance of impropriety?
The Board concluded that a judge may suggest or encourage a local bar association to become involved in a program relating to the law, the legal system, or the administration of justice, but a judge m…
Can an Ohio criminal defense lawyer disclose a client's identity on IRS Form 8300 when the client pays a cash fee over $10,000?
The Board concluded that a lawyer may not reveal a client's confidences or secrets except as permitted under DR 4-101(C), so a criminal defense lawyer who believes in good faith that disclosure would …
Can a law firm call a retired attorney who merged in and became a salaried employee 'Senior Attorney' on the letterhead, and when is 'Of Counsel' proper?
The Board concluded that an associate or salaried partner may not be designated 'Of Counsel,' which requires a close, continuing, non-partner relationship, but that an older attorney who merged a prac…
When a partner leaves a firm, what may the remaining partners do about that partner's clients, files, and a liability release?
The committee concluded that the remaining firm may not solicit a departing partner's clients in person to keep them, may not extract an assignment of settlement proceeds or require a release of liabi…
As a prosecutor I convicted a driver for a fatal driving-to-endanger charge. Now that I'm in private practice, the victim's father wants me to represent him in a civil suit against that same driver and the town over the same death. Can I take the case?
No. Applying Rule 1.11's bar on a lawyer representing a private client in connection with a matter the lawyer participated in as a public officer or employee, and the rule's broad definition of "matte…
Can a criminal defense lawyer keep representing defendants while applying for a job at the U.S. Attorney's office?
The opinion concluded that a lawyer who mainly does criminal defense may keep representing defendants while seeking a position with the U.S. Attorney's office, provided each client consents after full…
Does a lawyer violate the no-contact rule by serving a statutorily required notice directly on a represented adverse party?
The opinion concluded that a lawyer does not violate Rule 4-4.2 by complying strictly with a statute requiring notice or service of process directly on the adverse party, provided the contact is stric…
Does the no-contact rule require a lawyer to get permission before interviewing a nonparty witness who has her own lawyer for the same matter?
The opinion concluded that, once a lawyer learns a nonparty witness is represented by counsel concerning the matter, the lawyer must obtain that counsel's permission before discussing the matter with …
At a real estate closing, must the attorney collect all earnest money in certified funds and handle every dollar, and can the buyer's lawyer charge the seller a fee?
The opinion concluded that a closing attorney need not collect earnest money in certified funds and may disburse against provisionally credited funds when virtually certain the deposit will clear and …
Can a town attorney who advises the police department, or members of his firm, represent criminal defendants arrested by that town's police?
The opinion concluded that a lawyer who serves as town attorney and advises the police department in effect represents the police, so representing criminal defendants arrested by town police would be …
Can a lawyer ethically sell 'do it yourself' divorce kits to the public?
No. The opinion concluded that selling self-help divorce kits is inconsistent with the competence duty of Rule 1.1, because the buyer is likely to assume the kit meets their needs without further advi…
Can a lawyer for a free public library's board of trustees represent private clients before the town's court and boards?
The Committee concluded that representing a free public library's board of trustees does not preclude the lawyer or the firm from representing private clients before the municipality's court, planning…
Can a firm that defends a town for its insurer also appear before the town's boards or file tax appeals against the town?
The Committee held that a firm retained by a municipality's insurer (or by a self-insured town's joint insurance fund) to defend tort suits is not part of the town's 'official family,' so it may appea…
Can a law firm use a title insurance agency owned by one of its own associates for the firm's real estate clients?
The Committee held that a firm may not use a title insurance agency owned by one of its associates to service the firm's real estate or mortgage-lender clients; the inherent conflict cannot be cured e…
What can a lawyer do with leftover client trust funds when the owners cannot be found?
The opinion concluded that where trust funds cannot be attributed to a particular client, the lawyer has made a reasonable, good-faith effort to find the owners, and enough time has passed that no uni…
If a part-time assistant DA once represented a parent, can the rest of the DA's office still prosecute that parent for child-support arrears?
The opinion concluded that a part-time assistant DA's disqualification from prosecuting a former client in a substantially related child-support matter is generally imputed to the district attorney an…
Can lawyers participate in a for-profit lawyer referral service that is not operated or approved by a bar association?
Vacated. As originally issued, Formal Ethics Opinion 90-F-122 concluded that it is improper for lawyers to participate in the lawyer referral service promoted and operated by PITLA, U.S.A., Inc., a pr…
Can lawyers who only share office space keep using their names together on one letterhead after they stop practicing together?
No. The opinion concluded that lawyers who merely share office space may not keep their names together on a letterhead, because doing so falsely implies a partnership in violation of Rules 7.5 and 7.1…
Can a New Jersey lawyer be a partner in more than one firm and form a partnership with out-of-state attorneys to share fees?
The Committee concluded that a lawyer may belong to more than one firm and may partner with out-of-state attorneys, and the partners may divide fees as they choose, provided a bona fide law partnershi…
Do Arizona's lawyer-advertising rules apply to a professional announcement card mailed to lawyers, clients, friends, and relatives?
The opinion concluded that the ER 7.2 and ER 7.3 advertising restrictions do not apply to a professional announcement so long as it is not false or misleading under ER 7.1 and is sent only to other at…
Can a law firm list paralegals and other non-lawyer staff on its letterhead?
The opinion concluded that, under ER 7.1 and ER 7.5, a law firm may list non-lawyer support personnel such as paralegals, administrators, or office managers on its letterhead, business cards, and adve…
Can a criminal defense lawyer or investigator secretly tape-record a witness interview to get impeachment material?
The opinion concluded that a criminal defense attorney or the attorney's agents may ethically record a witness interview with the consent of one party, both to protect against perjury and to obtain im…
I want to mail a letter advertising my legal services to homeowners 65 and older whom I don't know. It's marked 'Advertisement' and offers a free consultation. Does this comply with Rule 7.3?
Mostly yes, with one fix. The panel found the letter proper under the Rules of Professional Conduct except that the word 'Advertisement' at the top of the letter and on the envelope must be printed in…
I've been offered a part-time position in a city solicitor's office limited to advising the Zoning Board, and I want to stay at my private firm. Can I still sue the city in unrelated matters like personal injury cases, and does it matter what my specific duties are?
No, and no. The panel held that accepting any position in the city solicitor's office makes the city a client of the attorney, so under Rule 1.7 she may not thereafter represent a client directly adve…
My new client discharged his first personal injury attorney after rejecting a settlement offer, and that attorney filed a lien for one-third of the rejected offer. Do I have to report the first attorney, and what fee is he entitled to?
The panel could not rule on the first attorney's conduct, but stated it is well settled that an attorney who obtains a settlement offer the client refuses and is then discharged is entitled to payment…
A lawyer was suspended in 1987 after a felony conviction unrelated to law practice and is now eligible for work release. Can I hire him as a paralegal for duties that don't involve client or court contact?
No. The panel held that Rhode Island Supreme Court Provisional Order 18, item 10, categorically bars a lawyer from employing as a legal assistant any attorney suspended or disbarred by the court, that…
If a lawyer learns that a prior discovery response was wrong because the client actually has responsive documents, can the lawyer disclose that over the client's objection?
The opinion concluded that the discovery-correction duty of Federal Rule 26(e) is 'required by law' under DR 4-101(C)(2), so the lawyer may disclose the documents' existence even though it is a client…
Can an assistant Commonwealth's Attorney prosecute a perjury case in which his own chief prosecutor must testify about the investigation?
The committee concluded that, because an indictment is a preliminary proceeding (not a conviction) and the defense may offer contrary evidence absent a guilty plea, it would be improper for the assist…
Can an Ohio lawyer use a telemarketing program that cold-calls people to find clients?
The Board concluded that telemarketing is an intrusive form of solicitation for pecuniary gain that creates the potential for overreaching, invades privacy, and pressures the recipient for an immediat…
Must an Ohio lawyer report another lawyer's misconduct learned while representing a client, and does client confidentiality excuse the duty?
The Board concluded that a lawyer must report unprivileged knowledge of another lawyer's violation of DR 1-102 to the Office of Disciplinary Counsel or a certified grievance committee under DR 1-103(A…
In a private adoption, can a lawyer represent the birth mother while the adoptive couple pays the lawyer's fee?
The opinion concluded a third party (such as the adoptive couple) may pay the lawyer's fee for representing the birth mother only with the client's consent after full disclosure and without the payer …
Can a New York lawyer write directly to the other driver in an accident, before suit and before knowing if that driver has a lawyer, to ask for a statement?
The opinion concluded that, before suit and before knowing the adverse party is represented, a lawyer may communicate with the party, but the communication must tell the party to refer it to counsel i…
Does a lawyer have to tell a client she could file a bar grievance against her former lawyer?
The opinion concluded a lawyer has no ethical obligation to advise a client that she may have grounds to file a grievance against another lawyer, but the lawyer does have an obligation to report unpri…
May a lawyer who serves on the bar's Board of Overseers, or that lawyer's firm, sue a lawyer who is under disciplinary investigation?
The opinion concluded yes, but only if the Board member holds no confidential information about the lawyer under discipline and removes himself entirely from the disciplinary proceeding; otherwise the…
Can a lawyer who refers a case and does no further work still collect a share of the contingent fee?
The opinion concluded yes; Maine's fee-division rule was deliberately written to drop the 'proportion to services and responsibility' requirement, so a pure referral split is permitted if the client c…
Does one law-clinic student's conflict of interest disqualify the other students in the same clinic?
The opinion concluded yes; the clinic's student-attorneys are 'affiliated' lawyers whose work the supervising attorneys are professionally responsible for, so the vicarious-disqualification rule imput…
Can a solo practitioner with no current associates call the firm 'X and Associates'?
The opinion concluded that 'X and Associates' is not a prohibited trade name and is not misleading if the employing lawyer's name is included and the lawyer actually employs other lawyers, but a sole …
Can the lawyer who represented the sponsor in a cooperative conversion also represent the new cooperative corporation afterward, agreeing to withdraw if a conflict arises?
The opinion concluded that the sponsor's and the cooperative corporation's interests are almost always differing interests under DR 5-105, so although dual representation is theoretically possible wit…
Can a lawyer base a contingency fee on both the medical offset the insurer takes and the settlement the client actually receives in an uninsured/underinsured motorist claim?
The committee concluded that an attorney and client may agree to a contingency fee based on both the medical offset taken by the insurance carrier and the settlement actually received, if the contract…
Can a lawyer represent a husband in a divorce after having represented the wife in an earlier estate matter?
The opinion concluded the lawyer should withdraw: a lawyer may take a matter adverse to a former client only if there is no substantial relationship to the prior representation and the lawyer could no…
When an insurer that controls the defense tells the retained lawyer to make an offer of judgment, must the lawyer get the insured's consent first?
The opinion concluded the insured is the lawyer's client; the lawyer may assume tacit consent to an offer of judgment if the insured does not object after reasonable notice, but if the insured instruc…
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.