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 Washington lawyer ghostwrite pleadings or motions for a self-represented party in state court without disclosing the lawyer's involvement?
Yes. Washington lawyers may ghostwrite for pro se parties in state court civil litigation under RPC 1.2(c), provided they comply with Civil Rule 11(b) and all other RPCs, including RPC 3.3; the opinio…
In a wrongful death case, can one lawyer represent the personal representative both individually and as fiduciary, and also represent the decedent's children who are statutory beneficiaries?
Qualified yes. The committee concluded a lawyer may represent the surviving spouse in both her individual and personal-representative capacities if she signs an informed RPC 1.7(b) waiver, and may als…
What ethical duties does a California lawyer owe when a third-party litigation funder is involved in the case?
Per California Formal Opinion 2020-204, lawyers must preserve independent professional judgment, comply with the duty of confidentiality, obtain the client's informed written consent before sharing co…
What are a California lawyer's ethical duties to prevent and respond to a data breach involving confidential client information?
Per California Formal Opinion 2020-203, lawyers must assess the risks of keeping confidential client information on electronic devices and take reasonable steps to secure those systems. After a breach…
May a California lawyer advise and assist a client in operating a cannabis business that is lawful under California law but unlawful under federal law?
Per California Formal Opinion 2020-202, yes. A California lawyer may advise and assist a client in conduct permitted by California cannabis laws even though that conduct may violate federal law, provi…
What ethical duties do a departing California lawyer and the lawyer's old firm owe to clients during the transition?
Per California Formal Opinion 2020-201, both the departing lawyer and the law firm must put the client's interests first, give timely notice to clients for whom the departing lawyer is principally res…
What are a New Mexico lawyer's duties to the client when serving as local counsel alongside a pro hac vice attorney?
A New Mexico lawyer who appears as local counsel with a pro hac vice attorney has the same duties under the Rules of Professional Conduct as in any matter; the pro hac vice arrangement does not reduce…
Can an out-of-state lawyer at an Illinois firm, awaiting Illinois admission, work from an Illinois office on her existing cases and on Illinois matters?
Yes. She may work from an Illinois office on cases in courts where she is admitted if those jurisdictions allow it (Rule 5.5(d)(2)), and may support the firm's Illinois matters under Illinois-lawyer s…
If a litigation client loses mental capacity mid-case, must the lawyer keep pursuing the strategy the client chose while still competent?
No. The Rules do not require the lawyer to continue the appeal along the lines last discussed when the client had capacity; under Rule 1.14 the lawyer's options include continued advocacy, acting in t…
When a client and a prior lawyer with a perfected lien both claim part of a settlement, what must the lawyer holding the funds do?
The lawyer must keep the disputed portion segregated in trust until the dispute is resolved by agreement or court order, distribute the undisputed shares, and may file an interpleader action to let a …
If a lawyer learns their estate-planning client is committing fraud against third parties, can the lawyer disclose it, and must the lawyer withdraw?
The lawyer has discretion, not a duty, to disclose confidential information under Rule 1.6(b) to prevent or rectify a client's fraud, and even without disclosing, will likely have to withdraw under Ru…
When a named partner stops practicing law for a non-legal career, must the firm drop their name, and can it list them as 'Of Counsel'?
The firm may not hold the two out as a partnership once one stops practicing, and may not label that lawyer 'Of Counsel' without a continuing, regular relationship; a retired partner's name may stay i…
Can a lawyer who buys a firm's assets keep retired partners' names in the new firm's name?
Yes. A lawyer who purchases the firm's assets and continues the practice may use retired partners' names in the new firm name if the new firm is a bona fide successor and the public is not misled; the…
Can an Illinois lawyer's demand letter cite a statute's criminal penalties, and can it offer to drop criminal prosecution if the civil demand is paid?
Yes to accurately citing or attaching a statute that carries both civil and criminal liability; no to threatening criminal prosecution, or offering to forgo it, to gain an advantage in the civil matte…
Can an insurance-defense lawyer paid a flat fee put his own money toward a settlement to close the gap and resolve the case faster?
No. The lawyer may not contribute part of his fee directly to a settlement, because that would create a prohibited personal financial interest in the client's case. He may instead offer to reduce his …
When must an in-house lawyer report suspected fraud up the corporate chain, and when may they disclose it outside the company?
Rule 1.13 controls. The lawyer must report up only when they know of conduct that may be imputed to the entity and is likely to cause it substantial injury; outside disclosure is permitted, not requir…
Can a lawyer bid on a competitor's name as a search-engine keyword so the lawyer's ad shows up when someone searches for that competitor?
Yes. A lawyer may use competitive keyword advertising that includes other lawyers' or firms' names, subject to all other advertising rules and avoiding derogatory messages; but surreptitiously redirec…
Can a law firm give an unlicensed law school graduate first-year associate work before they pass the bar?
Yes. A supervised law school graduate awaiting admission may do most first-year associate work, except appearing in a legal proceeding, as long as neither the graduate nor the firm misrepresents the g…
Do Colorado's fee-division rules apply when a firm shares fees with an 'of counsel' lawyer, and can a lawyer be 'of counsel' to two firms?
No special fee-split rules, but watch conflicts. The opinion concludes that a lawyer who is genuinely 'of counsel' (a close, regular, personal association) is treated as in the same firm, so Rule 1.5(…
When a lawyer acts as a divorce mediator, which ethics rules apply, how must the lawyer disclose the neutral role, and can the lawyer later file the uncontested divorce for one party?
The opinion concludes a lawyer-mediator is governed by Rule 2.4, not the client-representation rules, so the lawyer may run the mediation and set fees freely while disclosing the neutral role; afterwa…
May a California plaintiff's lawyer agree to indemnify defendants or their counsel against third-party (Medicare, health insurer) liens as a condition of settling the underlying personal injury case?
No. Such an agreement violates Rule 1.8.5(a) (paying client expenses), creates a non-consentable conflict, and a defense lawyer who demands the indemnity violates Rule 8.4(a) by inducing a rule violat…
Is a licensed lawyer who is not currently practicing law but works as a licensed real estate salesperson bound by the Rules of Professional Conduct?
It depends on the circumstances. The committee concluded that real estate sales work is a 'law-related service,' so under Rule 5.7 a non-practicing lawyer working as a real estate agent may avoid the …
Can a company make in-house counsel sign a non-compete or a broad confidentiality clause that limits practicing law after leaving?
No. The Committee concludes that an employment or stock-award covenant not to compete that restricts in-house counsel's right to practice law after termination violates Rule 5.6, and that a confidenti…
Can a criminal defense lawyer accused of ineffective assistance disclose confidential client information to the prosecution to defend the claim?
Yes, with limits. The Committee concludes that a criminal defense lawyer facing a former client's ineffective-assistance claim may disclose confidential information under the self-defense exception of…
When a lawyer leaves a firm, who notifies the clients, and can the firm impose a long notice period or block the departure?
The opinion concludes that lawyers may leave a firm and clients choose their own counsel. Firms may request only a brief notice period needed for an orderly transition and may not use rigid notice per…
Can a New York lawyer still help clients comply with the state's medical marijuana law after the federal Cole Memo was rescinded, given that marijuana remains illegal under federal law?
Yes. The opinion reaffirms N.Y. State 1024 and concludes that, given the Rohrabacher Amendment and current federal enforcement forbearance, Rule 1.2(d) permits a lawyer to assist a client in conduct d…
Can a Michigan judge show support for a charity on social media, and may the judge's name and photo appear on a charity's website or social media?
A judge may support a charity on social media if the organization is unlikely to appear before the judge, the judge does not coerce participation, and does not individually solicit funds; the judge's …
Can a Colorado lawyer consult a lawyer at another firm about a client's matter, and what must the lawyer do about confidentiality?
Yes, with limits. The opinion concludes a lawyer may consult a lawyer at another firm about a client's matter. General or hypothetical inquiries that do not reveal information relating to the represen…
Can a New York lawyer put a small amount of the lawyer's own money into a trust or escrow account to stop the bank from closing it for inactivity, without it being improper commingling?
Yes. The opinion concludes that Rule 1.15(b)(3) lets a lawyer deposit own funds reasonably sufficient to maintain the account or cover bank charges; only amounts beyond what is reasonably sufficient r…
If a criminal defendant wants to withdraw a guilty plea even though the motion is unlikely to succeed and could lead to a harsher sentence, must the lawyer follow the client's decision?
Yes. The opinion concludes that the plea decision belongs to the client under Rule 1.2(a); once the lawyer explains the material risks and low chance of success under Rule 1.4, the lawyer must abide b…
Can a North Carolina lawyer offer a prize drawing to people who like, follow, or share the law firm's social media account?
No. If the platform broadcasts a user's like, follow, or share to other users, a lawyer may not offer a prize chance for that activity. The displayed like can be read as a personal recommendation, so …
Can a North Carolina lawyer accept Bitcoin or other virtual currency as a legal fee, and can the lawyer hold a client's virtual currency in trust?
A lawyer may accept virtual currency as an earned flat fee if the fee is not clearly excessive and the lawyer complies with Rule 1.8(a) (treating it as a business transaction with the client), includi…
Can a North Carolina lawyer advertise being named to a 'best,' 'super,' or 'distinguished' lawyer list or organization?
Yes, on conditions. A lawyer may advertise inclusion in a self-laudatory list or organization only if the lawyer pays nothing for the inclusion or accolade itself, the conferring organization made an …
Can lawyers at the same firm file amicus briefs on opposite sides of the same issue before the same court?
Not when the lawyers are representing clients (including firm lawyers as clients), because Rule 1.7(b)(3) bars one firm from being on both sides of a proceeding and that bar is imputed firm-wide; but …
Can a lawyer admitted in New York but practicing only at an out-of-state firm with no New York office list the New York admission on the firm's letterhead?
Yes. The opinion concludes a New York lawyer admitted in another state may list the New York admission on out-of-state letterhead even without a New York office, as long as the lawyer discloses to cli…
Can I pay a marketing agency about $200 per title order a mortgage broker sends me, and build that cost into my closing fee?
No. The panel concluded the arrangement violates Rule 7.2(c) because the lawyer effectively pays the mortgage broker's advertising costs in exchange for title-order referrals, even though the money ru…
Can a probate court magistrate also serve as an eldercare coordinator for the same court?
The opinion concludes that a probate court magistrate may not also serve as an eldercare coordinator for the same court. Eldercare coordination is an extrajudicial activity not authorized by law, it e…
Can a former magistrate who is now a private lawyer represent a party in a post-decree matter from a divorce the magistrate handled?
The opinion concludes that, absent informed written consent from all parties, a former magistrate may not represent a person in post-decree matters arising from a divorce or dissolution in which the m…
Can a lawyer accept a fee from a financial services company for referring clients to it for investment or financial products?
The opinion concludes that a lawyer may not accept a referral fee from a financial services group for referring clients. The arrangement gives the lawyer a pecuniary interest adverse to the client and…
Can a county prosecutor's office prosecute a juvenile while also representing the county child-services agency in a case involving the same child?
The opinion concludes the State of Ohio is a client of the prosecutor's office, so a conflict arises when the office seeks different outcomes for the state and for job and family services in matters i…
When does an appointed criminal defense lawyer's representation end for the no-contact rule, so another lawyer can speak to the former defendant?
The opinion concludes that, absent actual knowledge otherwise, a lawyer must assume a criminal defendant's representation covers all aspects of the case, including cooperation under a plea, so Rule 4.…
Can a retiring lawyer who hands over clients' wills to another attorney collect a referral fee when those wills turn into estate work?
Only if the retiring lawyer assumes joint responsibility for the new representation under Rule 1.5(g), which requires keeping active attorney registration; a lawyer in 'retired' status or who has resi…
What must a D.C. firm's partners and supervisors do when they reasonably believe a lawyer in the firm is impaired, and do they have to tell clients?
The opinion concludes that an impaired lawyer has the same duties as any other lawyer, and that the firm's partners and managerial or supervisory lawyers must, under Rule 5.1, take reasonable steps to…
May I pay a for-profit internet company a flat fee for each client lead it sends me?
No. The panel concluded a for-profit internet service that holds itself out as a 'Lawyer Referral Service' is an impermissible referral service. Rule 7.2(c) lets a lawyer pay only the usual charges of…
When does a judge have to recuse or disclose because the judge is friends with, or close to, a lawyer or party in the case?
A judge need not recuse or disclose a mere acquaintance with a lawyer or party. A friendship may require disclosure or disqualification depending on its closeness, and a romantic or intimate relations…
Can a client give a lawyer blanket, up-front authority to accept any settlement without checking back?
No. The opinion concludes a client cannot delegate all settlement authority to the lawyer, because Oregon RPC 1.2(a) reserves the settlement decision to the client and Oregon RPC 1.4 requires informin…
Can a lawyer run client funds through an attorney escrow account to help a foreign client get money out of a country in a way that evades that country's currency controls?
No. The opinion concludes the proposed escrow arrangement is a sham designed to disguise the transfers and deceive authorities, so it involves dishonesty, fraud, and deceit barred by Rule 8.4(c); the …
Can a firm that represents a government entity in unrelated matters defend a private client against that same government entity in a fraud investigation, if both clients consent?
The committee concluded Rule 1.7 does not explicitly prohibit the representation, but applies Rule 1.7(c): because the representation only might be adversely affected, the firm may proceed only if it …
Does a lawyer have to report a criminal defense lawyer who practices in the same firm as the county prosecutor?
The opinion concludes there is a duty to report only when the lawyer has actual, unprivileged knowledge that the defense lawyer is acting contrary to law, namely by taking court appointments (barred b…
Does an Ohio lawyer have to return a former client's file on request, how long must it be kept, and who pays to convert digital files?
The opinion concludes that the file is the client's property and must be promptly delivered on a former client's request, including digital files in an accessible format. There is no minimum retention…
Can a part-time city law director, or other lawyers in the director's private firm, represent private clients in matters before the director's municipality?
The opinion concludes that a part-time law director may not represent private clients in matters related to the employing municipality, and should not seek the municipality's consent to do so. The dir…
When I leave my firm, can I take the firm's only copy of the client files I worked on and delete those files from the firm's systems?
Per the Committee, no; a departing lawyer may not remove the firm's only tangible copy of client files or delete client files, documents, and data from the firm's electronic repositories and devices w…
When a former employee of the opposing party offers a California lawyer access to electronic data that supposedly shows the opposing party withheld responsive documents in discovery, what must the lawyer do before taking it?
Per the opinion, the lawyer must first assess whether the data was lawfully obtained and whether reviewing it would assist in a crime; must analogize to Rule 4.4's inadvertent-production rule if privi…
Can a New York lawyer or legal-services agency provide financial assistance for living expenses to an indigent client in an administrative proceeding?
No, not for living or non-litigation expenses. Rule 1.8(e) bars a lawyer (and others in the firm) from giving an indigent client financial assistance beyond court costs and litigation expenses. But a …
Can a North Carolina lawyer view or request access to the social media of an opposing party or witness, and what is off limits?
A lawyer may view the public portion of a person's social network presence and, using a true identity, request access to an unrepresented person's restricted content. The lawyer may never use deceptio…
Can a New York lawyer require a client to pay legal fees in cryptocurrency like Bitcoin?
A fee agreement requiring payment in cryptocurrency is a business transaction with the client subject to Rule 1.8(a) when the client expects the lawyer to exercise professional judgment on the client'…
Can a part-time village attorney defend private clients on traffic and criminal charges in the same town court where fines from village offenses are shared with the village?
Yes, if the village attorney does not represent the village in those courts and the financial overlap is managed. The opinion holds the fine-sharing formula can create a Rule 1.7 differing-interests r…
Can a lawyer keep a private practice while serving as town supervisor, and represent private clients located in or appearing before the town?
Yes, subject to other law, but the opinion holds the lawyer may not represent any private client in a matter involving the town, may not act officially on matters handled privately, may not negotiate …
When does a Wisconsin lawyer seeking a job with an opposing firm or party have a conflict of interest in the case they are handling?
The opinion concludes that a lawyer with an active, material role in a matter has a personal-interest conflict under SCR 20:1.7(a)(2) once the lawyer sends a targeted, specific expression of interest …
Can one lawyer represent both spouses in a divorce, even when they fully agree on the terms?
The opinion concludes that a lawyer may not represent both spouses in a divorce, even a friendly one, because divorce is litigation in which one spouse's claim is asserted against the other, a non-con…
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.