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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Is a contingent fee proper in an adult's civil suit against a parent for childhood abuse, and does the agreement need to meet the contingent-fee disclosure rule?
The committee concluded the abuse suit did not fall under its reluctance to approve contingent fees in domestic-relations cases, and that the described agreement complied with DR 2-105(C), advising th…
Can a lawyer petition to have a conservator appointed over a present or former client's property when the client opposes it, if the lawyer believes a conservatorship is in the client's best interest?
The committee concluded that it is improper for an attorney to bring an action for appointment of a conservator over a present or former client, within the scope of the representation, even where the …
Can I write or call unrepresented people who've already filed claims against a company in bankruptcy, to try to get them as clients?
No, at the time of this opinion. The panel held that directly contacting these unrepresented claimants in writing or by phone to recommend the attorney's own employment would violate DR 2-103(A), beca…
I'm admitted in Rhode Island. Can I staff a Rhode Island branch office for an out-of-state law firm that's organized as a professional corporation under another state's laws?
No. The panel held that because the out-of-state professional corporation was not organized under Rhode Island's Professional Service Corporation Law, it may not practice law in Rhode Island, and staf…
My client told me to forward escrow funds to a specific address, but now family members say they're entitled to the money and that my client has permanently left the country. Can I release the funds to the family, or do I need to do something else first?
Not to the family directly. The panel held that client funds may be released only to the client, pursuant to the client's authorization, or under a court order, and that before seeking a court order t…
Can I represent my personal injury client's medical insurer on its subrogation claim at the same time I'm representing the client on the underlying injury claim?
Yes, if both consent in advance. The panel held that representing both the medical insurance carrier's subrogation claim and the client's direct personal injury claim is permissible under DR 5-105(C) …
A prepaid legal services organization that insures my client wants a document I prepared for that client. Can I release it?
Yes, if the client consents after full disclosure. The panel held that releasing a document prepared for a client who subscribes to a prepaid legal services provider is proper where the client authori…
Can I form an 'independent partnership' with a Connecticut law firm that's organized as a professional corporation but isn't licensed to practice in Rhode Island?
No. The panel held the arrangement would violate DR 3-103(A), because a Connecticut professional corporation not licensed under Rhode Island's Professional Service Corporation Law may not practice law…
My client's only surviving supporting expert witness needs travel expenses my client refuses to pay, and my client won't even discuss it with me. Can I withdraw from the case?
Yes, on these facts. The panel held the attorney could properly move to withdraw under DR 2-110(C)(1)(d), which allows withdrawal where the client's conduct renders it unreasonably difficult for the l…
Three of us share office space, stationery, a secretary, and a phone line, but we're not partners. Can we use shared 'Law Offices' letterhead listing all three names, and can the secretary just answer 'Law Offices'?
The shared letterhead violates DR 2-102(B) and DR 2-102(C) because it does not show the lawyers are not partners; each must use a separate letterhead. But having the secretary answer the phone simply …
When a lawyer and client part ways over a fee dispute, may the lawyer negotiate a release of malpractice claims, and may the lawyer hold the client's papers under a retaining lien to push that release?
The opinion concluded that a lawyer may negotiate a release of malpractice claims only after meeting set conditions (full disclosure of the facts, prior discharge or proper withdrawal, and advice to g…
Can a student-legal-services lawyer represent one fee-paying student against another fee-paying student?
The opinion concluded paying the student activity fee that funds the office does not by itself make every student a client, so the director may represent one eligible student against another he has ne…
Can a lawyer take his fee out of client money he is holding in trust when the client owes him but hasn't paid?
The opinion concluded the lawyer may transfer trust funds to pay his fee only after giving the client written notice of his intention and obtaining the client's affirmative consent, which case law sug…
Do Florida's contingent-fee limits and Statement of Client's Rights apply to Florida lawyers practicing out of state or working with out-of-state co-counsel?
The opinion concluded that choice-of-law principles, turning on which jurisdiction has the most significant relationship to the client and case, determine whether Florida's contingent-fee schedule and…
Must a divorce lawyer report to tax authorities that the opposing spouse understated income on the couple's joint returns?
The opinion concluded there is no duty to report: the fraud was the husband's, not the lawyer's client's, the reporting and client-fraud rules did not reach it, and the IRS is not a 'tribunal' under t…
Under the former Ohio Code of Judicial Conduct, could a sitting judge be a partner or shareholder in a business that consulted, for pay, candidates running for elective office?
The Board concluded that a judge should not engage in the business of consulting candidates for political office. Canon 5C(2) barred a judge from serving as an officer, director, manager, advisor, or …
Could a retired Ohio judge who registered to serve as a private judge still be eligible for appointment as a visiting judge by the Chief Justice?
The Board concluded that a retired judge who registered for referrals as a private judge under Ohio Rev. Code 2701.10 was not precluded from being assigned as a visiting judge by the Chief Justice of …
Could an acting judge appointed by a municipal court judge hear cases in which the appointing judge's son appeared as a lawyer for one of the parties?
The Board concluded that an acting judge appointed by a municipal court judge should disqualify from any proceeding in which the acting judge's impartiality might reasonably be questioned, including c…
Could an Ohio lawyer be listed in a legal directory or law list, and could that listing describe the lawyer as a specialist?
The Board concluded that a lawyer could ethically be listed in a legal directory or law list, treated as a form of advertising under former DR 2-101, so long as the listing was not false, fraudulent, …
Could a legal aid lawyer who charged no fee solicit indigent people known to need representation, by direct mail or in person, after an eviction case was filed against them?
The Board concluded that a legal aid lawyer who received no fee could ethically solicit indigent clients known to need legal services by direct mail only, provided the communication was not false, fra…
Must an insurance defense lawyer tell the insurer that the insured client committed fraud in obtaining the policy?
The Committee concluded that the insured client's communication about potential insurance fraud is confidential under SCR 156 and may not be revealed to the insurer without the client's consent, and t…
Can North Carolina lawyers use a placement service that matches contract attorneys with firms for temporary work and takes a fee out of what the firm pays?
The opinion concluded that lawyers may contract with such a placement service because the arrangement does not impair their independent judgment, provided the lawyers guard against conflicts and prote…
Can a firm holding a client's refunded appeal-bond money in trust keep it to satisfy unpaid fees the client owes?
The opinion concluded that the firm may not apply the refunded appeal-bond funds to unpaid fees unless its agreement with the client authorizes taking fees from funds held for the client, because trus…
Can a lawyer hold public seminars about accidents to attract clients, and may staff phone or mail invitations to the public?
The opinion concluded that the lawyer may hold the seminars and may mail invitations to people chosen randomly from the phone book or by bulk occupant mailing, but may not telephone people to invite t…
Can a nonlawyer employee or paralegal conduct the initial interview with a new client?
The opinion concluded that having a nonlawyer conduct the initial client interview is not impermissible per se, though it is discouraged; the lawyer must supervise closely, the nonlawyer must disclose…
After a case ends, can a lawyer contact the opposing party directly to gather evidence that opposing counsel was negligent?
The opinion concluded that it would be improper for a lawyer to contact the opposing party directly to gather evidence of opposing counsel's neglect; the lawyer should direct any inquiry to the lawyer…
Can I list a non-lawyer employee who graduated from an unaccredited law school on my firm's letterhead, set apart from the lawyers' names?
No. The panel held that including the non-lawyer graduate on the letterhead, even set apart by lines, would violate EC 3-4, DR 3-101(A), and DR 2-102(A)(4), because a layperson would be unable to dist…
My stationery shows my name with an asterisk noting I'm only admitted in one state, not Rhode Island. Is that letterhead proper?
Yes. The panel held the stationery was proper under the Code of Professional Responsibility because it clearly disclosed the jurisdictional limitation, as DR 2-102(D) requires for lawyers in a firm wh…
My client is a borrower closing a bank loan, and the bank wants me, as the borrower's lawyer, to sign an opinion letter saying the loan documents are legal, valid, binding, and enforceable. Can I sign that?
No. The panel held that signing such a letter would violate EC 5-1, EC 5-21, and DR 5-105(A), because opining on behalf of the lender's documents while representing the borrower puts the lawyer in the…
Can a Florida lawyer let a nonlawyer employee sign the lawyer's name to notices of hearing and other pleadings?
The opinion concluded that a lawyer may not under any circumstances permit a nonlawyer employee to sign the lawyer's name, even with the employee's initials, to notices of hearing or other pleadings, …
Can a lawyer take a contingent fee to recover a valuable marital asset that both spouses forgot about and left out of an already-final divorce settlement?
The committee concluded a contingent fee would not be improper here, because the parties were already divorced with no children so no human relationship would be adversely affected and the client coul…
Can a law firm mail a legal-developments newsletter to non-clients, and does it have to disclose where its lawyers are licensed?
The opinion concluded the newsletter could be distributed to non-clients without violating the advertising or solicitation rules, with one exception: because it discussed several states' law, it had t…
Can a lawyer serve on a bar lawyer referral service committee and still receive referrals from that service?
The opinion concluded that a committee member may receive referrals where the committee sets only broad policy and the staff assigns referrals to an open panel on a rotating basis, because the member …
Can a defense lawyer offer to settle a class action on the condition that the plaintiffs waive their statutory attorney fees?
Qualified yes. The opinion concluded that, after Evans v. Jeff D., a good-faith settlement offer conditioned on a fee waiver is not unethical per se; whether a particular offer was made for an imprope…
Can a bar-sponsored justice center that identifies legal problems, refers people to services, and gives limited advice through supervised volunteer lawyers operate without violating the ban on corporate practice of law?
Yes. The opinion concluded the proposed Louisville Bar Association Justice Center is fully consistent with the Code, since educating the public to recognize legal problems and connecting people with c…
Can a for-profit agency place temporary lawyers with law firms, and how must the agency, the firm, and the temporary lawyer structure the arrangement to satisfy the ethics rules?
The opinion concluded that the agency as proposed was improper because its fee structure and operation would assist the unauthorized practice of law and risk fee-splitting, but that a temporary-lawyer…
Can a judge serve as executor of the estate of a lifelong friend who was not a relative but was treated as family?
The opinion concluded that the judge may serve as executor because the decedent, a lifelong friend the judge treated as family, fell within the 'close familial relationship' exception in Section 100.5…
In a personal-injury case, can a lawyer advance the cost of a client's medical records, and must the lawyer pay a doctor who is withholding records over a fee?
The committee concluded that under DR 5-103(B) the lawyer may advance the cost of obtaining the records as a litigation expense, provided the client remains ultimately liable; whether the lawyer is ob…
Can a Colorado lawyer use a medical-legal consulting firm on a contingent or modified contingent fee basis in a malpractice or personal injury case?
The opinion concluded that using a medical-legal consulting firm on a contingent or modified contingent fee basis raises serious risks under the Code of Professional Responsibility, including whether …
Can a lawyer who represents a corporation or other organization also serve on its board of directors, or as board chair?
The opinion concluded that board service by an organization's lawyer is not per se improper, provided the lawyer does not use the seat as a feeder for legal work, discloses the risks (including loss o…
Can a Commonwealth's Attorney prosecute an embezzlement case where a former law-firm colleague was a shareholder and agent of the victim?
The committee concluded LE Op. 1046 was dispositive; under that opinion the prosecution would be proper if the prosecutor could rebut the presumption that he acquired confidential information from his…
Can a lawyer help close a property transfer that the client is structuring to avoid the lender's consent under a due-on-sale clause?
The opinion concluded the lawyer must advise the client of the consequences of breaching the deed of trust, but that helping close the transfer is not illegal, criminal, or fraudulent conduct under DR…
Can a Mississippi law firm mail a brochure describing the firm to banks and other institutions that are not known to need legal services in a particular matter?
The opinion concluded a firm may prepare a brochure that complies with Rules 7.1, 7.2, 7.4, and 7.5, and may mail it generally to institutional recipients not known to need legal services in a particu…
Does a Mississippi lawyer commit an ethics violation by writing a personal check for personal goods that bounces for insufficient funds?
The opinion concluded that presenting a dishonored personal check for personal goods or services is not, by itself, an ethics violation unless the act reflects adversely on the lawyer's honesty, trust…
Can a lawyer serve as a city's special prosecutor on DUI appeals while also defending other clients on DUI appeals from that same city court?
No. The opinion concludes it is a forbidden conflict of interest for a lawyer to act as a city's special appeals prosecutor while simultaneously defending criminal appeals that originated in and were …
Before suing, can a personal-injury lawyer contact the unrepresented tortfeasor directly to discuss the accident, the insurance coverage, and settlement?
Yes, if the tortfeasor is not actually represented by counsel in the matter. The lawyer may discuss the claim and coverage but must not make false statements, imply being disinterested, or give the un…
Can a firm represent a wife in collecting child support from her ex-husband when the firm earlier drafted a will for the husband?
The opinion concluded the firm must disclose the prior relationship with the husband to the wife, and if the will work may have produced confidential information bearing on the support matter, the fir…
When a lawyer reasonably believes an elderly client can no longer act rationally in her own interest, may the lawyer tell a family member and suggest a conservatorship?
The opinion concluded that if the lawyer reasonably believes the client cannot act rationally in her own interest, a limited disclosure of that concern to family members is permitted, provided those m…
In child-support enforcement cases, does an assistant attorney general represent the custodial parent or only the state, and what are the no-contact and disclosure duties?
The committee concluded that the Attorney General represents only the state (the Department of Social Services and its Division of Child Support Enforcement), not the custodial parent, so there was no…
Can a lawyer charge a client interest on overdue bills or on litigation expenses the lawyer advanced?
The opinion concluded a lawyer may charge interest on both past-due fees and advanced expenses, provided the client is told in advance, ideally in a written fee agreement, and given a reasonable time …
Can a firm hire, even as a consultant, an administrative law judge who presided over the same matter in another jurisdiction?
The opinion concluded that a law firm may not hire an administrative law judge, even as a 'consultant,' to advise in a continuing multi-jurisdictional matter in which he personally and substantially p…
Is it a conflict for a lawyer to defend a criminal case while running for County Attorney?
The opinion concluded that running for County Attorney while representing a criminal defendant is a potential, not automatic, conflict under ER 1.7(b). The lawyer may continue only if a disinterested …
When a lawyer goes into a partnership with a friend and drafts the agreement, must the lawyer advise the friend to get independent legal advice?
The committee concluded that whether DR 5-104(A) applied depended on whether an attorney-client relationship existed, which it would not assume on the limited facts; if one did exist, the lawyer shoul…
Can a lawyer join a trade-and-barter association that takes a 10 percent cut of every trade, lists the lawyer as a member, and refers business to the lawyer?
The committee concluded that the association's 10 percent clearinghouse charge would be improper fee sharing with a nonlawyer under DR 3-102, that listing the lawyer was permissible only if not false …
When a representation ends, who owns the client's file and can the lawyer hold it for unpaid fees?
The file belongs to the client. The opinion concluded that under Rule 1.16(d) a discharged lawyer must promptly surrender the client's papers to protect the client's interests, that retaining liens ar…
What kinds of letters can a paralegal sign on the law firm's letterhead?
The Committee concluded a paralegal may sign firm letterhead for routine gathering, dissemination, and filing of information or documents with non-tribunal entities (such as mortgage and title compani…
Did a county public defender who was running for county prosecuting attorney have to resign as public defender, and what did the lawyer have to disclose to clients?
The Board concluded that nothing in the Code of Professional Responsibility automatically required a public defender to resign because of a candidacy for county prosecutor, but under former DR 5-101(A…
Could a law firm periodically send newsletters on general points of law to its established clients?
The Board concluded that a law firm could ethically send newsletters on general points of law to its established clients, so long as the newsletters contained no false, fraudulent, misleading, or dece…
Can a prosecutor represent someone in a civil matter while investigating possible criminal charges against that same person?
No. The opinion concluded that loyalty under Rule 1.7 bars a lawyer from simultaneously representing a client and acting as the client's adversary, even in unrelated matters; a lawyer may decline repr…
Can a sitting judge serve on bar association committees and work on improving the law, and what limits apply to lobbying and other activity?
The opinion concluded that judges are permitted and encouraged to participate in bar association committee activities devoted to improving the law, the legal system, and the administration of justice,…
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.