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 lawyer advertise 'no fee unless you recover' without telling potential clients they may still owe litigation costs if the case is lost?
No; the opinion concluded that because lay readers treat 'fees' and 'costs' as interchangeable, a 'no fee unless recovery' ad is misleading unless it also indicates the client remains liable for costs…
Can a law firm offer and advertise a divorce mediation service to both spouses without representing either party?
The opinion concluded that a firm may offer a private divorce mediation service to both spouses if it represents neither, uses no confidences against either, and (where it formerly represented a party…
Can a criminal defense lawyer whose spouse works in the District Attorney's office defend cases prosecuted by that office, and is the DA's consent required?
The opinion concluded that, with full disclosure and the client's informed written consent, the defense lawyer may take the case even though the spouse is an assistant district attorney, so long as th…
Can two part-time assistant public defenders who share office space and a secretary represent codefendants with conflicting interests in the same case?
The opinion concluded there is no per se bar; the two may represent conflicting codefendants if each discloses the arrangement, obtains consent, and can give undivided loyalty, but they may not use th…
Is a non-refundable fee earned upon receipt unethical in a criminal defense matter?
The opinion concluded that there is no per se rule making 'earned upon receipt' fee contracts unethical, because ER 1.5(a)(8) recognizes fixed fees. The reasonableness of each such fee is judged case …
How long must a lawyer keep closed client files, and when can the lawyer destroy them?
The opinion concluded that a lawyer must first determine whether the papers belong to the client or the lawyer; client papers should not be destroyed without contacting the client, while the lawyer's …
Can a lawyer take a criminal-defense fee out of the client's recovery in a separate civil case?
The opinion concluded that a fixed criminal-defense fee paid from the client's eventual civil recovery is not a prohibited criminal contingent fee, because the fee does not turn on the outcome of the …
Can a lawyer for a partnership tell the limited partners about the general partner's misconduct?
The opinion concluded that a lawyer for a limited partnership may disclose the general partner's improprieties to the limited partners, because the duty of loyalty runs to the partnership entity and t…
Must a lawyer who learns of a former client's hidden fraud, through a new client, disclose it to the former client and the court?
Yes. The Committee held that the crime-or-fraud exception to the privilege (Evidence Rule 26(2)(a)) and RPC 1.6(b) required the lawyer to notify the court and the former wife of a secret mortgage the …
Can a lawyer whose partner is a part-time deputy district attorney take criminal defense cases?
No. The Committee concluded that a private lawyer in partnership with a part-time deputy district attorney may not defend anyone charged under Nevada law in any Nevada court, because the deputy is sta…
Can the settlement attorney for a failed real estate closing buy the property himself?
The committee concluded the settlement attorney for a transaction that fell through on the buyer's default may purchase the property himself, provided he complies with DR 5-104 on business dealings wi…
Can a lawyer contact a specific business in person, by phone, or by mail to pitch the firm's services and fees, hoping to be hired, with no prior relationship?
The opinion concluded that the lawyer may not make such targeted contacts to specific businesses, in person, by telephone, or by mail, where a significant motive is pecuniary gain and there is no prio…
Can a lawyer with a Juris Doctor degree call himself 'Doctor' or 'Dr.' and sign his name that way?
The opinion concluded that, because it is not normal practice to refer to a Juris Doctor degree as a doctorate or to call a JD-holding lawyer 'Doctor,' using those terms without explanation could be m…
Can a public defender do favors for jailed clients like cashing or buying money orders, and must client funds pass through a trust account?
The opinion concluded that nothing prohibits an attorney from doing such favors for clients, but money received from a client or for delivery to a client must be deposited into a trust account and dis…
Must a lawyer who served as deed-of-trust trustee, and who once represented the seller, resign as trustee when the foreclosure becomes contested?
The opinion concluded that a lawyer-trustee who represented the seller at closing is not ethically required to resign as trustee in a contested foreclosure, so long as he does not currently represent …
When a lawyer holds a real estate contract deposit as escrow agent, does the lawyer have to put the money in an interest-bearing account?
The opinion concluded that a lawyer holding a contract deposit as escrow agent should, where the amount and holding period would warrant it for client funds, recommend that the parties include instruc…
Must a New York judge recuse when a party is represented by a lawyer who once represented the judge?
The opinion concluded that there is no per se rule; whether the judge must recuse turns on whether the judge's impartiality might reasonably be questioned under Code of Judicial Conduct Canon 3C(1), w…
Can a Florida lawyer charge interest on unpaid fees and on advanced costs?
The opinion concluded that a lawyer may charge a lawful rate of interest on liquidated fees and on advanced costs, either by advance written agreement or, absent an agreement, upon reasonable notice; …
May a lawyer disclose that a purported accident passenger he also represented submitted a fraudulent insurance claim?
Yes. The Committee held that the facts fall within the RPC 1.6(c) exception authorizing the lawyer to disclose, where he had represented both a driver and a purported passenger and the driver's PIP ca…
Can a municipal court judge co-own an office building with the municipal prosecutor and municipal attorney of the same town, if they keep separate offices?
No. The Committee concluded the co-ownership would be the equivalent of sharing office space and present an absolute appearance of impropriety, given that a municipal judge would be a business partner…
Can a Florida law firm use the word 'Associates' in its firm name?
The opinion withdrew the committee's earlier opinions barring the term 'Associates' and directed lawyers to follow the Florida Supreme Court's Fetterman decision, which permits the term where the name…
Can a Deputy Attorney General prosecuting a licensee before a professional board contact the board's head ex parte about settlement?
No. The Committee held that the agency head who sits in judgment on the matter is the equivalent of a judicial officer, so ex parte settlement communications by the prosecuting DAG, or by another DAG …
Who is entitled to the interest earned on settlement funds held in an attorney trust account, and can the firm keep the 'float' after disbursement?
Interest on the client's portion of settlement funds belongs to the client; interest accrues to each party from the day of deposit based on the principal due to each. The firm keeping the 'float' that…
Can a law firm that is owed fees serve on the creditors' committee in the bankruptcy of a former client?
The opinion concluded a firm should not serve on the creditors' committee in a former client's bankruptcy without the former client's informed consent, because committee service creates a fiduciary du…
Can a lawyer agree to pay a public interest organization a percentage of court-awarded attorney's fees on cases it refers?
The opinion concluded that an agreement to pay a non-lawyer public interest organization a percentage of the lawyer's court-awarded fees is prohibited fee splitting with a non-lawyer under Rule 3.3(e)…
Must a firm refund a retainer after withdrawing for a conflict, and can it make the client release malpractice or misconduct claims?
The opinion concluded the firm had to refund the part of the retainer not earned on the matter it withdrew from, could not require a release of future malpractice or of any ethical-misconduct claims, …
Can a lawyer take a child support arrearage case on contingency when the child is young and the custodial parent is not indigent?
The committee concluded it is improper to take a child support arrearage collection on a contingent fee where the child is nine, has recently visited the noncustodial parent, and the custodial parent …
Can a lawyer advise a DUI client to refuse a breath, blood, or urine test under Arizona's implied consent law?
The opinion concluded that a lawyer may not advise a client arrested for DUI to refuse a chemical test, because under Campbell v. Superior Court the driver has no right to refuse, so a refusal is unla…
Do the competence and diligence rules limit how many cases a part-time prosecutor can take on?
The opinion concluded that prosecutors, like all lawyers, must provide competent and diligent representation, and that a lawyer who accepts more cases than can be competently handled violates ER 1.1, …
Can a firm split fees with an of-counsel lawyer by reconciling work across all clients at the end of an accounting period?
The opinion concluded that the proposed plan, paying an excess at the end of an accounting cycle based on overall work for each other's clients without telling the client, did not conform to the rule.…
Can a lawyer give clients a written guarantee of a permanent visa with a money-back promise, and advertise it?
The opinion concluded that a form guaranteeing a permanent visa with a refund of fees is improper, because the word guarantee is misleading under the advertising rules, a money-back promise that omits…
Can one lawyer or firm represent both the survivors in a wrongful-death action and the decedent's estate?
No, not without consent. The opinion concluded that representing both the survivors and the estate can create an impermissible conflict under Rule 1.7, imputed across the firm under Rule 1.10(a), and …
Can a settlement attorney disburse loan funds from trust based on deposited financial instruments under the Wet Settlement Act?
The committee concluded it is not improper to disburse from a trust account under the Virginia Wet Settlement Act when the disbursements rest on deposits of the financial instruments, or instruments i…
Does a court-appointed lawyer for a juvenile owe duties to the juvenile's parents, and can the lawyer withdraw if they refuse to cooperate?
The opinion concluded that a lawyer appointed to represent a juvenile owes allegiance to the juvenile, not the parents; the lawyer need not confer with or supply materials to the parents, and any disc…
When a sole practitioner dies, who must notify clients and courts, can the files be examined, and how long must they be kept?
The opinion concluded that the attorney handling the deceased lawyer's estate (or an attorney-executor) must promptly notify active clients and courts by individual letter and may examine client files…
Can a lawyer charge a contingent fee, a percentage of what is collected, to enforce a court order for past-due child support?
The opinion concluded that a lawyer is not automatically barred from a contingent fee to collect specific past-due child support reduced to a sum certain, but must avoid an excessive fee; where collec…
Can a lawyer hire a licensed bail bondsman as his part-time private investigator and list him on the firm letterhead?
The opinion concluded that the lawyer may not enter into the proposed contractual relationship with the bail bondsman, because it gives an appearance of impropriety.
Can a lawyer hold a client's file as security for an unpaid fee until the client pays or posts security?
Yes. The opinion concluded that the conduct rules defer the question to other law, and under Montana law a lawyer may assert a passive common-law retaining lien on a client's papers until the client p…
Can a law firm bill a client for both lawyers' time spent in an internal conference about the case?
The opinion concluded there is no per se rule against charging a client for both attorneys' time in intra-office conferences; the propriety depends on the facts, and where the client benefits from the…
Whom does a state-paid West Virginia Human Rights Commission lawyer represent, the Commission or the complainant, and can the Commission waive the conflict?
LEI 85-4 concluded that after the probable-cause stage the state-paid lawyer is required by law to advocate for the complainant because their interests then align with the Commission's; the lawyer mus…
Will the Maine ethics committee issue an advisory opinion about another attorney's past or proposed conduct?
The opinion concluded the Commission declines to opine on conduct that has already occurred or on the proposed conduct of anyone other than the requesting attorney, unless a disciplinary authority ask…
Can a lawyer condition a malpractice settlement on the client withdrawing or not pursuing a disciplinary grievance?
The opinion concluded that a settlement provision requiring the complainant to withdraw or not pursue a grievance accomplishes little, because a settlement does not abate a grievance, and depending on…
Can a lawyer take a contingent fee paid as a share of the real estate that is the subject of the lawsuit?
The opinion concluded that a lawyer's outright ownership interest in property in litigation violates the bar on acquiring a proprietary interest in the subject of the litigation, but a properly drawn …
When may a New York district attorney or assistant DA attend a political party's functions?
The opinion concluded that a district attorney who is not involved in his own re-election campaign may attend a political party's political or social functions, as a paying or invited guest, only in l…
Can the law partner of a municipal court judge serve as a public defender in a different municipality in the same county where the judge sits?
No. The court rules that bar a municipal judge from practicing in criminal, quasi-criminal, or penal matters extend to the judge's partners within the county where the judge's court is located, so the…
Can a lawyer take an unrelated case against the spouse of a former client, when the spouse was not the lawyer's client?
The opinion concluded yes; nothing bars representing a client against a former client's spouse in an unrelated matter, so long as the lawyer need not use the former client's confidences and the former…
Can a lawyer bill clients for computerized legal research like Lexis or Westlaw, and may a firm use a cost formula to do it?
The opinion concluded a lawyer may charge clients for computerized legal research as an itemized expense using a formula that reasonably reflects the firm's actual cost, or may instead absorb it into …
Can two separate law firms describe themselves as affiliated or associated on their letterhead without misleading the public?
Yes. Refining KBA E-299, the opinion adopted ABA Formal Opinion 84-351 and concluded that firms may communicate an affiliation or association so long as the relationship is close and regular (not mere…
Can an Arizona lawyer run a newspaper want ad seeking a plaintiff to challenge a city ordinance?
The opinion concluded that a general newspaper want ad is not prohibited solicitation under ER 7.3, but that the proposed ad would violate ER 7.1(a) because it omitted facts about fees, costs, and cli…
Does a lawyer have to put a retainer or an advance on fees and costs into the client trust account?
The opinion concluded that a true retainer, paid to secure a lawyer's general availability, should not be deposited in the client trust account when there is a clear agreement (preferably written) tha…
Does a prosecutor have an ethical duty to disclose to the defense a witness who could help the defendant, and may a prosecutor tell a witness not to talk to the defense?
The opinion concluded that a prosecutor has no duty to actively encourage a witness to talk with the defense but has a duty to timely disclose the existence and whereabouts of a known potential witnes…
After a lawyer's spouse becomes a full-time family court commissioner, can the lawyer continue a family law practice in the same county?
The opinion concluded that the remaining sole practitioner may not represent clients in matters that would prospectively involve action by the commissioner spouse in his or her official capacity, but …
Can a lawyer who is also a licensed real estate broker take a referral commission for sending a client to a realtor, and charge both legal and brokerage fees in the same matter?
The opinion concluded that a lawyer who is also a real estate broker may accept a referral fee from a realtor for referring a current client only with the client's express consent at the time of the r…
Can a law firm employ a court reporter full time, use that reporter in its own litigation, and contract the reporter's services out to other lawyers?
The opinion concluded that no ethics rule per se precludes a law firm from employing a court reporter full time for use in the firm's own litigation or from contracting the reporter's services out to …
Must a prosecutor who is sued by a criminal defendant step aside and ask for a special prosecutor to avoid a vindictiveness claim on appeal?
The opinion concluded that a prosecutor sued by a defendant in a related federal lawsuit is not required to seek or recommend appointment of a special prosecutor to head off a possible appeal based on…
Can a lawyer's firm sue an insurer or fund on whose board of directors the lawyer sits?
The opinion concluded that a lawyer's firm, and any partner, shareholder, or associate, may not represent interests adverse to an insurance company and insurance fund for which the lawyer serves as a …
Can a small city attorney's office prosecute a city employee who regularly investigates and testifies for the city in other ordinance cases?
The opinion concluded that a small city attorney's office should not prosecute a city employee for an ordinance violation where the office has a close and continuing working relationship with that emp…
Can a district attorney's office hire a part-time non-lawyer who also works part time in the court's register in probate office for the judge?
The opinion concluded there is no per se prohibition against a public or private law office employing a part-time non-lawyer who also holds other law-related employment. The committee concluded the sh…
Can a lawyer who is a state legislator or county board member represent private clients in cases where employees of that same governmental unit testify?
The opinion concluded there is no per se prohibition against a lawyer-legislator or lawyer-county board member representing persons in Children's Code or Public Assistance proceedings in which employe…
Can a county child support (IV-D) director represent a custodial parent in a support case after representing the opposing party, or while representing the spouse of a new marriage against a former spouse?
The opinion concluded a IV-D director may not represent a custodial parent against a party the attorney previously represented on substantially the same issues, because representation against a former…
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.