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 law firm pay a nonlawyer employee a share of profits without violating the ban on fee-sharing with nonlawyers?
The opinion concluded a profit-sharing plan for a nonlawyer employee is proper if the share is based on overall firm profit rather than tied to fees in a particular case, with no incentive to overreac…
Can a prosecutor keep talking to a represented defendant who started the plea talks, once the conversation turns to the merits?
The opinion concluded no: even though the defendant initiated plea talks his lawyer knew of, once the new State's Attorney expanded the discussion to the merits and re-gave Miranda warnings, the no-co…
Can a part-time State's Attorney refer a wrongful-death case and take a referral fee when an ordinance he could prosecute is at issue?
The opinion concluded no: where the State's Attorney has discretion to prosecute the ordinance violation tied to the death case, taking a referral fee is ethically no different from taking the case ou…
Can a lawyer hired by a business broker draft the closing documents for both the buyer and seller of a business?
The opinion concluded the arrangement is improper: hired by the broker yet serving both buyer and seller, the lawyer has an unwaivable conflict of undivided loyalty, and preparing documents around a b…
May a Kentucky lawyer serve as a divorce mediator or as independent counsel for a party in mediation, and may a mediation service hand out a list of interested lawyers?
Yes. The opinion concluded a lawyer may serve as mediator under Model Rule 2.2 (not as advocate for both spouses), independent counsel must exercise independent judgment, and a service may share a law…
When must an Arizona lawyer report an opposing lawyer's suspected misconduct to the State Bar?
The committee declined to opine on the specific conduct, citing its policies against opining on another lawyer's conduct, conduct in pending litigation, or pure questions of law. It commented that ER …
Does a Mississippi lawyer remain responsible to a former client for later dealings or litigation after the original matter ended?
The opinion concluded no; once the lawyer-client relationship is effectively terminated at the end of the matter, the lawyer has no ethical duty to represent the former client in later dealings, and n…
Can a county board attorney sign a legal opinion, prepared by the equipment seller, vouching for a lease-purchase the board is entering?
The opinion concluded the board attorney may opine on the transaction's validity for his client the board, by reviewing the bidder's draft or writing his own, as long as the bidder is not also his cli…
Can a judge serve as trustee of a court-created trust fund that resolves asbestos injury claims against a bankrupt manufacturer?
The Board concluded that Canon 4C does not prohibit a judge from serving as trustee of a claimants' fund created by an out-of-state bankruptcy court to resolve asbestos claims, since the alternative d…
Can a judge be paid for writing newspaper articles on legal topics?
The Board concluded that under Canon 4A a judge may write articles on the law, the legal system, and the administration of justice, and under Canon 6 may receive reasonable compensation as long as the…
Can the spouse of a county court judge serve as a common pleas judge in the same county?
The Board concluded that nothing in the Code of Judicial Conduct prevents spouses from both serving in a judicial capacity, so the spouse of a county court judge may serve as a common pleas judge in t…
Must a judge disqualify in cases involving the police department that employs the judge's spouse?
The Board concluded that a judge must disqualify when the judge's police-officer spouse is likely to be a material witness in a proceeding (Canon 3C(1)(d)(iv)), subject to remittal under Canon 3D, but…
Who handles a lawyer's client files when the lawyer dies, resigns, is suspended, or disappears, and can those files ever be destroyed?
The Board concluded that, under Gov. Bar R. V §22, the Office of Disciplinary Counsel or a local bar's certified grievance committee chairman may appoint an attorney to protect a lawyer's clients when…
Must a new judge give up shares in the law firm or legal professional association the judge came from, even if the shares earn no income?
The Board concluded that a judge who keeps any interest in a former legal professional association, even through a trust producing no income, creates the appearance of impropriety and risks frequent d…
Can a law firm list a non-lawyer office administrator on its letterhead, and can that person have a firm business card?
The Board concluded that DR 2-102(A)(4) sets an exhaustive list of who may appear on a firm letterhead and does not allow non-lawyer employees, so listing a non-lawyer office administrator on the lett…
What may a judicial candidate's campaign advertising say about titles, an opponent, shared ads, criticism, and fundraising?
The Board set guidelines under Canon 7: a non-incumbent should not use the title 'judge' without showing it is for a different court, must include an opponent's title, and should place 'for judge' aft…
Can an administrative law judge negotiate for a private job with a law firm that represents a party in a case still before the judge?
The opinion concluded that an administrative law judge may not negotiate for employment with an attorney for a party in any matter in which the judge is participating personally and substantially, inc…
My former client told me things during our consultation that contradict what I just watched her testify to in court in an unrelated case. Do I have to say or do anything about the discrepancy?
No. The panel held there is nothing the attorney can or should do about the discrepancy between what the former client told her and what the former client told the court, because Rule 1.6's prohibitio…
My out-of-state firm is opening a Rhode Island office, and the partners aren't licensed here. Can we use symbols like a dot or asterisk after each lawyer's name on our letterhead to show who's licensed where?
The Massachusetts partnership may open a Rhode Island office, but the panel found its dot-and-asterisk system did not satisfy Rule 7.5(b)'s requirement to indicate jurisdictional limitations, because …
My firm has practiced for over a decade as a professional service corporation under the fictitious name 'X, Y & Z, P.C.,' where X was a partner who died years ago. Is that firm name still proper under the Rules of Professional Conduct?
Yes. The panel held that the trade name is a permissible exercise of the discretion the Rhode Island Supreme Court's Rules 7.1 and 7.5, Supreme Court Rule 41, and the Professional Service Corporation …
As a state agency staff attorney, I have a personal legal claim pending against one branch of a municipality, and I'm about to handle an agency litigation matter against a different branch of that same municipality. Do I have a conflict, and can I proceed with consent?
No conflict arises, and the attorney may carry out her usual agency responsibilities, provided she makes full disclosure of her pending personal matter to all parties involved and obtains their consen…
Is a Michigan judge who owns an office building disqualified when a lawyer who rents space there appears before the judge?
A landlord-judge / tenant-lawyer relationship creates an appearance of impropriety when the lawyer appears before the judge; the judge must disclose it and may sit only with the parties' consent, and …
Can a lawyer who drafts a client's will be named as the executor of the estate?
The Board concluded that a lawyer may draft a will naming the lawyer as executor without violating the Code, but the lawyer may not consciously influence the client to make that choice; if the client …
When can a lawyer who switched firms be disqualified from a matter adverse to a former client, and is the new firm disqualified too?
The Board concluded that a lawyer may not represent a client against a former client where the interests are materially adverse and the matters are the same or substantially related, but said the fact…
Can a lawyer who represented a mortgage company only to obtain relief from the bankruptcy stay then buy the property at the later foreclosure sale?
The committee concluded that an attorney who only represents a mortgage company in bankruptcy court to obtain relief from the automatic stay is not prohibited by Rule 4-300 from purchasing the propert…
If a firm's of-counsel lawyer will testify as an expert against the firm's own client, is the whole firm disqualified?
The opinion concluded that when a lawyer-expert witness expects to testify adverse to a client of the lawyer's firm, a disqualifying conflict exists under MRPC 1.7(b) that the client cannot waive, and…
Could a Michigan judicial candidate pledge part of the judge's salary to charity, or blame incumbent judges for high salaries, in campaign ads?
The opinion concluded that a judicial candidate's campaign ad pledging to donate a portion of judicial salary to charity is improper under MCJC 7B(1)(c), and that an ad blaming incumbent judges for sa…
Can a Michigan lawyer pay a flat fee to an out-of-state firm that runs group TV ads and routes injury callers to the lawyer by blind referral?
The opinion concluded the lawyer may not participate, because the venture operates as an impermissible blind referral and solicitation rather than advertising, the ad's 'no fee unless recovery' line o…
Can a Michigan lawyer pay an annual fee to a for-profit lawyer referral service that controls the advertising and gives the lawyer no chance to review it?
The opinion concluded the lawyer may not participate, because the lawyer has no mechanism to review the referral service's advertising and because MRPC 7.2(c) lets a lawyer pay only a not-for-profit r…
When a lawyer advertises legal services under a trade name, does a responsible lawyer's name have to appear in the ad?
At the time of the opinion, no responsible lawyer's name had to appear in trade-name advertising as long as the ad was not false, fraudulent, deceptive, or misleading; this result has since been super…
Can a lawyer let a bank extend immediate credit to one client based on a multiple-client escrow account, or based solely on the lawyer's own creditworthiness on a single closing?
The opinion concluded that a lawyer may not back a client's credit with a multiple-client escrow account, because that uses other clients' funds and is an impermissible conversion, but may let a bank …
Can a lawyer delegate the closing of a real estate transaction to a nonlawyer?
No. Georgia FAO 86-5 concluded that closing a real estate transaction is the practice of law, so a lawyer may not delegate the responsibility to close the transaction to a nonlawyer, though specific t…
Can a law firm pay a temporary-lawyer placement agency a fee tied to the temporary lawyer's hours or pay, and what must the firm tell the client?
The opinion concluded, modifying its earlier view, that an agency's fee (even one calculated from the temporary lawyer's time or compensation) is payment for non-legal placement services, not a legal-…
Can a lawyer mail companies a form letter offering services in a specific practice area like import-export law?
The Committee concluded that a lawyer may send international-business companies a form letter offering import-export and customs-law services, provided the lawyer has no information that any recipient…
Can a Nevada lawyer's letterhead show that the Nevada firm is affiliated with an out-of-state law firm?
The Committee concluded that a Nevada firm whose name complies with SCR 199 (the firm name is that of a Nevada bar member in good standing and a bona fide member of the firm) may show its affiliation …
My law partner is one of four partners in a real estate partnership that wants to sue an insurance company, and my law partner won't be a witness. Can I represent the real estate partnership?
Yes. The panel held it was proper for the inquiring attorney to represent the real estate partnership under Rule 3.7(b), which allows a lawyer to act as advocate in a trial where another lawyer in the…
Months ago, an out-of-state lawyer paid me for a consultation on Rhode Island domestic relations law and procedure for his client, Mr. Doe, though we never discussed the case's specifics. Now Mr. Doe's wife wants me to represent her in their divorce. Can I take her case?
Not without Mr. Doe's consent. The panel held that the paid consultation created a temporary attorney-client relationship between the attorney and Mr. Doe, and that unless Mr. Doe expressly consents a…
I used to represent Mr. Y before the City Planning Board, where Mr. X (a Board member at the time) raised a boundary dispute between his property and Mr. Y's. I no longer represent Mr. Y, and Mr. X now wants me to represent him in that same boundary dispute against Y. Can I take the case?
Not without Mr. Y's consent. The panel held that unless the former client, Mr. Y, expressly consents after consultation, representing Mr. X in the boundary dispute would violate Rule 1.9's bar on repr…
A former client referred someone to me without expecting anything in return, and the new matter turned out very successful. Can I send my former client a thank-you gift worth under $100?
No. The panel held that Rule 7.2(c)'s clear prohibition on giving anything of value to a person for recommending a lawyer's services bars the gift, even though the former client made the referral with…
Can a lawyer take a mortgage on the client's marital home to secure fees in the client's divorce case?
The opinion concluded no; acquiring a mortgage on the marital home gives the lawyer a proprietary interest in the subject matter of the divorce litigation, which the rule forbids, so the Commission di…
Can a firm defend a civil case when one of its partners prosecuted the same client in a criminal proceeding from the same incident?
The committee concluded the firm's representation creates an appearance of impropriety under DR 9-101(B) because a partner had prosecuted the client in the related juvenile proceeding, and that no con…
Does a lawyer's duty to protect a client's confidences end when the client dies?
The committee concluded that the duty to protect a client's secrets and confidences survives the client's death, so a lawyer may not reveal a deceased client's confidences unless he reasonably believe…
Must a lawyer report a disbarred former attorney's misconduct to the disciplinary commission?
The opinion concluded there is no duty to report, because a disbarred person is no longer a 'lawyer' subject to the Code; the reporting rule reaches only licensed lawyers, and the information here may…
If a friend of a criminal client hands the lawyer physical evidence of the crime, must the lawyer report it, take it, or turn it over?
The opinion concluded the lawyer must not disclose the friend's information (a protected 'secret'), has no duty to take the evidence, and, if he does take it, may have to turn contraband or 'fruits of…
Can a lawyer's investigator interview a former employee of a represented opposing corporation without the corporation's counsel consenting?
The committee deadlocked and issued no binding answer. It published two views: Alternative A would permit ex parte contact with a represented co-defendant's former employee, even a former manager, so …
Can a former prosecutor who becomes a public defender represent defendants whose cases were handled by others in the prosecutor's office while she worked there?
The opinion concluded that a former deputy county attorney now serving as a public defender may not represent a defendant (absent the government's consent) where the lawyer obtained confidential gover…
Can a lawyer advertise contingent-fee representation for collecting child or spousal support arrearages?
The committee concluded the brochure's open-ended contingent-fee language may be misleading, because contingent fees in domestic-relations matters are only rarely proper; the advertisement would not b…
Can a lawyer contact the current and former employees of a represented corporation in Michigan?
The opinion concluded that, once suit is filed, opposing counsel may not contact current employees whose acts could be imputed to the corporation or whose statements could be admissions without the co…
Is it a conflict for a municipal prosecutor to serve in a court where the judge is his second cousin?
The Committee concluded there is no conflict requiring disqualification: New Jersey's recusal rule disqualifies a judge only where the related attorney is a first cousin or closer, so a second-cousin …
What are a lawyer's duties when a client appears mentally incompetent during a case?
The Committee concluded that the lawyer must try to keep the client informed of the case status unless the lawyer soundly believes she cannot comprehend it or that the communication would harm her hea…
Can a lawyer who is joining the bench sell a collection practice, including its forms and systems, to another lawyer?
The committee concluded that selling a law practice as a going business or selling work in progress is improper, but selling the physical assets (forms, manuals, automated systems) is permissible only…
Can a corporation agree to hold its in-house lawyer harmless for malpractice committed in serving the corporation?
The committee concluded that a hold-harmless agreement limiting an in-house lawyer's liability for personal malpractice in serving the corporation is not proper under DR 6-102(A), even with the corpor…
When a lender prepares the closing documents and the lawyer represents only the lender, does the lawyer owe the borrower any duties, and can the lender waive the lawyer's liability?
The opinion concluded that the lender, having a primary interest, may prepare the documents without unauthorized practice; if the lawyer timely tells the borrower he represents only the lender, the la…
Can a lawyer who has entered an appearance skip a hearing because the client chooses to proceed pro se?
The opinion reached no firm answer; the Commission split on whether skipping the hearing is a 'withdrawal' needing court leave, a question for the court, and advised counsel to notify the court and op…
Can a Colorado lawyer keep a client's papers as a retaining lien for unpaid fees, and when is asserting that lien ethically off limits?
The opinion concluded that a lawyer may ethically assert a statutory retaining lien on a client's papers when a client who can afford to pay fees fails or refuses to, but may not assert the lien in ni…
Can the lawyer who represents a vehicle owner in a tort suit also file a coverage declaratory judgment action naming both the owner and the liability carrier as plaintiffs?
The opinion concluded yes, because in the declaratory judgment action over coverage for the non-permissive driver, the interests of the owner and the insurance carrier would not be in conflict.
Can a lawyer who routinely defends an insurer's insureds take a new case suing one of that insurer's insureds, and does it matter if the lawyer also represents the insurer directly?
The opinion concluded that because the insureds, not the insurer, are the lawyer's primary clients, the lawyer may sue another insured of the same insurer; but where the lawyer also represents the ins…
Can a lawyer limit liability to a client for a title opinion that relies on abstracting work done by non-lawyers?
The Board concluded that a lawyer may not limit liability to a client when rendering title opinions based on abstracting services done by non-lawyers, because DR 6-102 bars a lawyer from attempting to…
Can a paralegal or legal assistant sign letters on the law firm's letterhead under their own name?
The Board concluded that a non-lawyer employee may sign correspondence on the firm's letterhead using the employee's own name as long as the signature clearly identifies the person's capacity, includi…
Must a judge disqualify when the lawyer in the case is the judge's brother-in-law, and can the parties waive it?
The Board concluded that a judge must disqualify from any proceeding in which a person within the third degree of relationship appears as a party or lawyer, which includes a spouse's brother, but may …
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.