Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try a different search term or clear the filters.
Must a municipal prosecutor report a criminal defense lawyer who works in the same firm as the county prosecutor?
The Board concluded that a municipal prosecutor who knows a criminal defense attorney is employed by the same law firm as the county prosecutor has a duty under DR 1-103 to report that knowledge to th…
Can a law firm offer discounted legal services to members of a teachers' association through a group legal service plan?
The Board concluded that a law firm may participate in a legal service plan offering a free consultation and discounted fees to members of teachers' associations under DR 2-103(D)(4), and may write ne…
Can a lawyer hold a client's retainer in an interest-bearing trust account and apply the interest to the fee?
The Board concluded that a retainer the lawyer would bill against during the representation belongs in part to the client and in part to the lawyer, so it must be kept in a separate, identifiable clie…
Must a local government attorney reveal or report a false closed-meeting certification under the Freedom of Information Act?
The committee concluded that, absent a statute requiring disclosure, the government attorney's revelation of a client's fraud under DR 4-101(C)(3) is permissive and must be tempered by the heightened …
Can a lawyer give money to an indigent pro bono client for food and living expenses?
The opinion concluded that it is not improper for a lawyer to give money or tangible items to an indigent pro bono client for living expenses, provided the gift is purely charitable, unrelated to the …
Can a lawyer charge a contingent fee to recover marital property left undivided after a divorce is final?
The opinion concluded that a lawyer may ethically represent an indigent client on a contingent fee in a post-decree action to recover property not divided in the dissolution, but only where the claim …
If a lawyer believes a client may have given false deposition testimony, must the lawyer correct it or tell the tribunal, and does being fired end that duty?
A lawyer who knows a client gave false testimony must take reasonable remedial measures, and that duty survives discharge; but mere suspicion short of knowledge does not permit revealing client confid…
Can a Colorado lawyer participate in a prepaid or group legal service plan, and what conditions must the plan meet?
The opinion concluded that a lawyer may participate in a prepaid legal service plan only if the plan complies with the governing rules: the plan member (not the plan) must be the client, the plan must…
Can a firm represent a plaintiff against an insured whose claim is handled by the same adjusting company that refers the firm defense work in unrelated cases?
Yes, with valid consent. The opinion concluded the situation is governed by Rule 1.7(b) because the firm's interest in keeping the adjuster's defense referrals could materially limit its plaintiff rep…
Must a Mississippi lawyer disclose a Mary Carter agreement to the court and opposing counsel even if it has not been sought in discovery?
The opinion concluded a lawyer has a duty to disclose the existence and terms of a Mary Carter agreement to the court and opposing counsel, whether or not it was requested in discovery.
Can a lawyer charge a nonrefundable minimum fee that the client pays in advance and the lawyer keeps even if the matter ends before that much work is done?
The opinion concluded that a nonrefundable minimum fee is not improper in all cases, but is permitted only if the minimum is not excessive or unconscionable, nonrefundability is expressly conditioned …
May a lawyer negotiate a statutory attorney-fee claim before or at the same time as settling the underlying case?
The opinion concluded such negotiations are no longer unethical in Maine; after Evans v. Jeff D. removed the legal basis for the contrary Opinion No. 17, the Commission disapproved that opinion and le…
What must a lawyer do if a client intercepts and copies privileged communications between the opposing party and that party's lawyer?
The opinion concluded that a lawyer may not counsel a client to intercept an adversary's privileged communications, even in retaliation; and a lawyer whose client did so on its own may not use the doc…
Can effective screening procedures avoid imputed disqualification of an entire law firm when a lawyer, paralegal, or other staff member who worked on a matter at a former firm joins a firm now opposing that matter?
The opinion concluded that screening is a viable method to avoid imputed disqualification under DR 5-105(D), overruling the Board's prior categorical rejection of screening in Opinion 87-F-110. It ado…
Can a lawyer interview a represented corporation's former employees and former managers without the corporation's lawyer's consent?
The opinion concluded that a lawyer may communicate ex parte with former managers and former employees of a represented corporation without the corporation's lawyer's consent, unless those individuals…
Can a lawyer reveal client confidences to defend against a criminal accusation the client has made against the lawyer?
Yes. The opinion concluded that Rule 1.6(b)(2)'s self-defense exception lets a lawyer reveal confidential information to establish a defense when the client accuses the lawyer of criminal conduct, dis…
Can a lawyer threaten criminal prosecution to gain an advantage in a civil case?
The opinion concluded that a lawyer may not bring, participate in bringing, or threaten to bring criminal charges solely to gain an advantage in a civil matter or for harassment, even though the Rules…
Can a lawyer who refers a personal injury case away because of a conflict still collect the 25% referral fee?
The opinion concluded that a lawyer who refers a personal injury case because of a conflict may not take the 25% referral fee; the lawyer may receive only the reasonable value of services performed be…
Can a State's Attorney call a represented juvenile defendant directly to get her testimony against the others arrested with her?
The opinion concluded it is improper: the juvenile's matter remains pending while she is under court supervision, so the no-contact rule bars the State's Attorney from communicating with her about the…
Can a law firm let a collection agency's staff, or place its own paralegal at the agency's office, to field collection calls in the firm's name?
The opinion concluded both arrangements are improper: a client's own employee fielding calls in the firm's name aids the unauthorized practice of law, and the firm's own paralegal taking calls at the …
Can a former village attorney sue the village over a matter he worked on, if he says the information he learned is now public?
The opinion concluded it is improper: a lawyer may not take a matter where a former client's confidences could be used against it without consent, and information stays confidential until the client c…
May a Kentucky lawyer subscribe to a 'Talking Yellow Pages' telephone advertising service?
Yes. The opinion concluded a lawyer may subscribe now that the service dropped the features that made it resemble a for-profit referral service, and it directed subscribers to submit their ads to the …
Can a state agency hearing officer negotiate for a private-practice job with law firms that appear before her?
The opinion concluded that under ER 1.12(b) an adjudicative officer may not negotiate for employment with a law firm representing a party in a matter in which she is participating personally and subst…
Which employees or officials of a represented municipality may an opposing lawyer contact directly without going through the municipal attorney?
The opinion concluded Rule 3.6(j) bars contact only with the officials who make decisions on the litigation and those who relay municipal policy to and receive advice from the municipal attorney; othe…
I represent an injured passenger, and the driver I'm suing now claims he once called me for advice. Will the ethics panel decide whether that phone call created a conflict?
No. The panel declined to render an opinion, holding that whether an attorney-client relationship arose from the driver's phone call was a contested question of fact better resolved in the pending cou…
I represented both spouses in an adoption years ago, and now I represent the husband alone in their marital dispute. The wife says I have a conflict from the adoption representation. Will the ethics panel rule on whether I can continue?
No. The panel declined to rule, holding that whether continued representation would be proper turns on a contested factual question, whether privileged information from the wife was actually conveyed …
My firm wants to give legal opinions on liability to a claims-adjustment company client, for use in that company's dealings with its own customers. Does it matter whether the opinion goes out on my firm's letterhead versus the client's own letterhead?
Yes, according to the panel: providing the legal opinion on the firm's own stationery, having the client incorporate the firm's opinion into its own customer correspondence, or delivering the opinion …
I've been offered part-time work representing the state against claims under a specific statute, and I want to keep my associate job at a firm that represents claimants under that same statute. Can I take the state job if I withdraw from my own firm's cases under that statute, or if the firm walls off one isolated associate to handle them instead?
No, under either scenario. The panel held that accepting the part-time state position would be improper under Rule 1.7 because the attorney would be representing a client directly adverse to another c…
Can a Colorado lawyer send a paralegal or other nonlawyer assistant to appear at a deposition, hearing, or administrative proceeding to represent a client?
The opinion concluded that using a nonlawyer legal assistant to represent a client at a deposition, or at a hearing or administrative proceeding where the task is the practice of law, aids the unautho…
Can a lawyer be listed in the phone book under a 'Fields of Practice' heading, and can the listing say the lawyer specializes in an area?
The Board concluded that a lawyer may be listed in a telephone directory under an 'Attorneys-Fields of Practice' heading and may state that the practice is limited to or consists in large part of a fi…
Can two lawyers who share office space represent opposing parties in the same contested divorce?
The Board concluded that the Code does not flatly prohibit two lawyers who share office space from representing opposing sides in a contested divorce where they practice independently and do not hold …
Can a legal services program's governing board set priorities that limit the kinds of cases its staff lawyers handle?
The Board concluded that a legal services program's governing board may set priorities for allocating the office's resources, including limiting representation to certain matters, without violating th…
Can an Ohio judge serve on the board of trustees of a college or university?
The Board concluded that a judge may serve as a trustee of a college or university, with two limits: the judge should not serve if the institution is likely to appear before the judge or to be regular…
Can a lawyer pay a now-suspended or disbarred lawyer a share of a fee under a referral or fee-sharing agreement made before the suspension?
The Board concluded that a lawyer may share fees with a suspended or disbarred lawyer if the fee-sharing agreement was made before the suspension or disbarment and the fee is divided on the basis of w…
Is it nepotism for a court to keep a long-time employee who married the court's judge, or for a judge to appoint the qualified spouse of a current court employee?
The Board concluded that retaining a long-term court employee who is now married to the judge of that court may create the appearance of impropriety but is not per se nepotism under Canon 3B(4), and t…
Can a lawyer send a statutorily required document, like a medical-records release request, directly to an adverse party the lawyer knows is represented by counsel?
The opinion concluded a request the statute commands be served personally on the party is 'authorized by law' and does not violate Rule 3.6(j), but counsel must mail a copy to the represented party's …
Can a lawyer require the client to pay copying costs for the file's work product before releasing the file?
Where no fees are owed and no lien arises, the committee concluded the client owns the entire file, including work product purchased by paying fees, so the lawyer must surrender it and may not conditi…
Can a Michigan lawyer join a prepaid legal services plan run by a financial company whose nonlawyer president resolves disputes between the lawyer and members?
The opinion concluded the lawyer may not join the plan, because letting the organization's nonlawyer president control client disputes interferes with the lawyer's independent professional judgment un…
Can a lawyer who sits on the city council represent clients before judges the council appoints if the lawyer abstains from the appointment vote?
No, and abstaining is not the answer. Georgia FAO 89-2 advised that an attorney who is also a city council member should avoid representing private clients before Recorder's Court judges the council a…
Can a lawyer run a for-profit adoption referral and consulting business alongside a law practice, and advertise the two together?
The Committee concluded a lawyer may operate a separate for-profit referral business, but the law office and the other business must be kept entirely separate; advertising the referral service in conj…
Can a Michigan judge go door-to-door or sell items on the street to raise money for a charity?
No. A judge may not individually solicit funds for a charitable, religious, educational, fraternal, or civic organization, which includes door-to-door or on-the-street sales and solicitation; a judge …
Can a lawyer who serves on a school board take private work opposing a development the board supports?
The opinion concluded the lawyer may not accept private employment opposing the school district's annexation position: it is a direct personal-interest conflict, a public official may not oppose propo…
Can a lawyer who sits on one lending institution's board also represent a competing lending institution in the same community?
The opinion concluded a lawyer may represent two competing institutions in substantially unrelated matters, and may represent a competitor of an institution on whose board he serves only with the info…
If a client disappears after a case is settled, can the lawyer sign the settlement draft, take his fee, and hold the rest in escrow?
The opinion concluded a lawyer may not settle, sign settlement papers, or deduct a fee without the client's authority; if settlement was authorized before the client vanished, separate authority is ne…
Can a lawyer withdraw from a litigated case when the client cannot afford to pay the fee, and does the lawyer need the court's permission if the client consents to the withdrawal?
The opinion concluded that nonpayment due to a client's inability to pay can be a deliberate disregard of the fee obligation that warrants permissive withdrawal, but in a litigated matter the lawyer m…
Can a lawyer sign a contract agreeing to pay a client's medical provider and expert-witness fees out of the client's recovery?
The committee concluded a lawyer may advance or guarantee medical and reasonable expert-witness fees only if the client remains ultimately liable and never as a contingent fee to a witness; while cont…
Can a Michigan lawyer put a clause in the retainer agreement requiring that any fee dispute with the client go to arbitration?
Yes, the opinion found no ethical bar to an arbitration clause for fee disputes, but it applied the malpractice-liability rule and required that the client first obtain independent counsel about the a…
If a lawyer serves part-time as a domestic relations referee, can the lawyer's firm appear before the referee, and can the lawyer act as referee or counsel in matters from the other role?
A part-time referee may later represent a party in a matter handled as referee only with all parties' consent (and firm screening), may not hear matters the referee handled as a lawyer, and is disqual…
Can a Michigan judicial candidate's campaign committee solicit and accept contributions from political action committees?
A campaign committee may solicit no more than $100 from a PAC that is the alter ego of a lawyer or firm, and may accept unsolicited PAC contributions unless they appear motivated by a desire to influe…
Can a legal-services lawyer personally give or solicit money or goods for a client's living and medical expenses during litigation?
The opinion concluded that the prohibition on a lawyer providing financial assistance to a client in pending litigation applies to legal-services lawyers, so the lawyer may not personally donate or so…
Can a lawyer pay an advertising service that runs generic ads and sends all responders in an area to that lawyer, and does naming the participating lawyers in the ad change the answer?
The opinion concluded that a lawyer may not use an advertising service that places ads omitting the lawyer's own name, address, and phone number or that operates as an unapproved lawyer referral servi…
Can a lawyer defend criminal defendants when other lawyers in the same firm prosecute municipal code violations for a city, even if the prosecutions and defenses are entirely unrelated?
The committee concluded that a firm may not represent criminal defendants in misdemeanor or felony cases while the firm prosecutes municipal code violations on behalf of a city, reaffirming the longst…
Can two lawyers in the same firm represent class-action plaintiffs and, in an unrelated case, a defendant being sued by one of those class members?
The opinion concluded both representations may continue only with the affected clients' informed consent under DR 5-105(C) (or court authorization for the class), plus confidentiality safeguards; a 'C…
Does the rule allowing a metropolitan bar association's referral service to charge a percentage fee also apply to a statewide trial lawyers association's referral service?
The opinion concluded that the financing rule approved in Opinion 88-F-115 extends to any lawyer referral service operated by a bar association representative of the general bar of its geographical ar…
Can one assistant attorney general represent a state hospital's patients in Medicaid appeals against a state agency that another assistant attorney general represents?
The opinion concluded that the hospital attorney may handle the Medicaid appeals against the agency, provided no confidential information is shared with the agency's attorney, because the imputed-disq…
Can a lawyer who represents the county school board seek confiscated cash for the board when the same lawyer also represents the criminal defendant from whom the cash was seized?
The opinion concluded that the lawyer may not, without the criminal client's consent, pursue the confiscated funds for the school board, because the client could have a superior claim if her convictio…
When a lawyer's partner sits on a city council, can the lawyer sue the city for a client whose claim the council denied, if the partner is screened?
The opinion concluded that the lawyer may continue to represent the contractor in a civil action against the city if the council-member partner is screened from the litigation and apportioned no part …
After being appointed to defend an indigent criminal client, can the lawyer accept private payment from that client to keep representing them in the same case?
The opinion concluded that appointed counsel may not accept payment from the client because appointment rules and the illegal-fee rule limit compensation to what the court awards; if the client wants …
Can a law firm treat a single all-inclusive fee as earned, deposit it all in its general account, and pay litigation costs from there if the client agreed in writing?
The opinion concluded no: part of an all-inclusive 'fee' that is really intended to cover litigation costs is an entrustment, and the trust-accounting rules require funds received in a fiduciary capac…
Can a law firm require all clients to pay a nonrefundable retainer, and how is a true retainer different from an advance fee deposit for trust-accounting purposes?
The opinion concluded that a lawyer may charge a reasonable nonrefundable retainer as consideration for the exclusive use of the lawyer's services and, because the arrangement is unusual, should expla…
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.