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 court-appointed defense lawyer accept the appointment when the lawyer also personally represents the county sheriff, and the sheriff's deputies will testify for the prosecution against the indigent defendant?
No. The opinion held it is unethical for the attorney to accept the court appointment to defend the criminal case while personally representing the sheriff in a related civil matter, because the deput…
Can a lawyer paid by an insurer prepare the guardianship and settlement-approval petition for an unrepresented minor and parents and appear in court with them?
Qualified yes. The lawyer may do so only on strict conditions: full disclosure to the family and the court that the lawyer's only client is the insurer and does not vouch the settlement is fair, submi…
How may a lawyer bill a client for time a paralegal or non-admitted law clerk spends on the matter?
On a statutory, lump-sum, or contingent fee the lawyer should not pass on extra charges for paralegal or law-clerk time absent an agreement; where agreed or where the lawyer bills hourly, such time ma…
Could a Kentucky attorney practice law under a trade name in the mid-1980s?
No. The opinion concluded that DR 2-101(B) of the then-current Code prohibited practicing under a trade name; the Board declined to reach the legal and constitutional questions about that rule's conti…
Can the law partner of an assistant county attorney defend a criminal case in another court, or represent in a civil matter someone being prosecuted by that office?
No to both. The opinion concluded that partners and associates of an assistant county attorney may not act as criminal defense counsel anywhere in the state, and may not take a civil matter for a pers…
In a federal civil-rights case where attorney fees are statutory, may a plaintiff's lawyer negotiate the merits and the fee award at the same time, and disclose hours and rates?
Yes; the opinion concluded simultaneous negotiation of merits and statutory fees is ethically permissible, the lawyer may reveal hours, rate, and any multiplier, but potential conflicts must be disclo…
What precautions must a Tennessee firm take when it employs a lawyer admitted elsewhere whose Tennessee admission application is still pending?
The opinion concluded that, while a foreign lawyer's admission application is pending before the Tennessee Board of Law Examiners, the lawyer must work only under the direct supervision of a licensed …
Can a plaintiff's lawyer interview a defendant hospital's nurses about the facts of a malpractice claim, and does the attorney-client privilege block it?
Yes; privilege does not block factual interviews. The opinion concluded that nurses employed by a hospital may be interviewed by the plaintiff's attorney without the hospital's lawyer's consent about …
Can a West Virginia lawyer use influence over the sheriff's office to delay or block service of civil process?
No. LEI 85-3 concluded that an attorney who interferes with or delays service of civil process engages in conduct prejudicial to the administration of justice under DR 1-102(A)(5) and may also violate…
If one assistant prosecutor is disqualified from a case, is the entire prosecuting attorney's office disqualified in West Virginia?
No. LEI 85-2 concluded that lawyers serving together in a prosecuting attorney's office are not a 'law firm' for imputed-disqualification purposes, so one assistant's individual disqualification does …
When a client files a grievance accusing a lawyer of mishandling another client's matter, may the lawyer reveal the other (non-complaining) client's confidences to defend himself?
The opinion concluded the self-defense exception reaches a third-party complaint, so the lawyer may disclose the non-complaining client's confidences as necessary to defend the grievance, but only wit…
Can a lawyer sell or promote a prepaid group legal insurance plan that uses an open panel of attorneys and a multi-level sales structure?
The opinion concluded that a lawyer may not sell the insurance policies or publicly promote an open-panel prepaid group legal insurance program where those activities would turn the program into a veh…
When can a Virginia lawyer collect child support arrearages on a contingent fee?
The committee set out a four-part test: a contingent fee to collect child support arrearages is unethical unless the children are at or near maturity, the fee will not undermine the noncustodial paren…
Can the spouse and law partner of a part-time prosecutor handle a real estate matter that needs that prosecutor's official approval or advice?
The committee concluded that the spouse and law partner of a part-time commonwealth's, city, or county attorney may not take a real estate matter requiring plat approval if that prosecutor would have …
Can a lawyer who sits on a corporation's board of directors or trustees also serve as the corporation's lawyer?
The opinion concluded that serving as both director (or trustee) and corporate counsel is not, by itself, a violation of any bar rule, because only one client (the entity) is involved. Rule 3.4(f) cau…
Can separate solo lawyers who share some cases describe their relationship on a letterhead as practicing 'in association with' each other without being partners?
The opinion concluded that a sole practitioner's letterhead reading 'An individual, general practice in association with [two named attorneys]' is not misleading under Rule 3.9. The phrase 'an individ…
If a lawyer cannot locate a client whose statute of limitations is about to run, must the lawyer still settle the claim, and what should the lawyer do with the settlement proceeds?
The opinion held the attorney is ethically obligated to pursue and settle the claim despite the inability to reach the client, may pay reasonable and necessary medical and legal obligations from the p…
Can a lawyer secretly listen, over a speakerphone or other device, to a conversation between the lawyer's own client and the adverse party, without the adverse party's knowledge or consent?
No. The opinion held that an attorney who listens in on a conversation between the client and the adverse party by speakerphone or any other indirect mechanical or electronic device, without the adver…
Does the same Anders withdrawal procedure apply when appointed counsel represents an indigent prisoner specifically in a civil case the lawyer believes is frivolous?
Yes. The opinion confirmed, in the civil-case context specifically, that appointed counsel must act as an active advocate and not amicus curiae, must support the client's cause to the best of the lawy…
Can an attorney who takes default judgments on accounts referred by a collection agency be paid a flat hourly rate by the agency, with collected attorney's fees routed through the agency's trust account?
The opinion held there is no impropriety in the attorney maintaining an attorney-client relationship with the creditor through the collection agency acting as the creditor's agent, but the attorney mu…
What must a criminal defense lawyer do after taking possession of a key piece of physical evidence the prosecution is looking for?
The opinion concluded that a defense lawyer who takes possession of an important item of physical evidence must turn over the incriminating evidence, may be compelled to reveal its source and whereabo…
Must a New York lawyer tell a client that a small estate can be settled without a lawyer?
The opinion concluded that a lawyer consulted about a small estate should determine whether it qualifies for the simplified procedure under Article 13 of the Surrogate's Court Procedure Act and fairly…
Can a New York district attorney attend a political party's functions when not running for re-election?
The opinion concluded that a district attorney not running in his own re-election campaign may not attend the political or social functions of any political party, as either a paying or invited guest,…
May a West Virginia lawyer serve part-time as a hearing examiner for the Human Rights Commission, and what conflicts apply to the lawyer's firm?
Yes, with safeguards. LEI 85-1 concluded a lawyer may serve as a part-time or temporary Human Rights Commission hearing examiner if reasonable effort is made to satisfy five conflict safeguards keepin…
May lawyers who are related or in a close personal relationship represent opposing parties in the same matter?
The committee concluded that lawyers in the same nuclear family may not represent opposing interests, even with disclosure and consent, while lawyers in the same household or other close relationships…
Must a firm withdraw when one of its partners will have to testify as a material witness in the client's case?
The committee concluded a firm must not continue representing a client once it is apparent that one of its partners will be a material witness in an arbitration hearing on the same case, unless an exc…
Can a sitting Speaker of the State Senate and Lieutenant Governor, who is also a lawyer, represent private claimants suing the State for damages?
No. The opinion held that an attorney-public official may not breach the fiduciary duty owed as a public official by representing private interests adverse to the public body the official represents, …
Can a law firm sell paid subscriptions to nonclients for its monthly legal-developments newsletter, rather than just distributing it free to clients?
The opinion held there is no impropriety in a law firm selling subscriptions to a monthly publication of legal developments to non-clients, or in circulating a brochure describing the publication and …
Can a firm created by a merger represent the former firm in a malpractice case when a member of that former firm will have to testify?
The committee concluded that a firm formed by merging the defendant firm with another firm may not represent the former firm and its partners in a legal malpractice case where it appears a member of t…
Can defense counsel in a personal injury case interview the plaintiff's treating physician about the plaintiff's medical care without going through plaintiff's lawyer?
The opinion held there is no impropriety in defense counsel interviewing the plaintiff's non-defendant treating physician about the plaintiff's medical care and treatment, because the no-contact rule …
Can a plaintiff's lawyer agree, as a condition of settling a case, not to take or bring similar claims against the same defendant in the future?
The committee concluded that a plaintiff's attorney may not enter a settlement agreement conditioned on the attorney's promise not to accept cases or prosecute similar claims against the same defendan…
What must a court-appointed lawyer do for an indigent prisoner's case the lawyer personally believes is frivolous?
The opinion held the appointed attorney must act as an active advocate, not amicus curiae, and support the client's cause to the best of the attorney's ability; if, after conscientious examination, co…
What are a lawyer's ethical obligations under the Code of Professional Responsibility when the presiding judge in a case is the uncle of the lawyer's law partner?
The opinion held that Disciplinary Rule 1-102(A)(5) requires lawyers to comply with Canons 3(C)(1), 3(C)(1)(d)(iii), and 3(D) of the Code of Judicial Conduct, which govern when the judge must disquali…
Can a county attorney secretly draft a pro se petition and agreed order for a county official seeking salary increases for county employees, funded by the county budget the attorney also handles?
No. The opinion held it is improper for the county attorney to assist a county official in filing a pro se petition against the county executive, or to help prepare and execute an agreed pro se order …
Can client consent or screening let a former judge's law firm work on a matter in which the judge ruled on the merits while on the bench?
Qualified yes. The former judge personally still cannot represent a party in a matter he ruled on, but his firm may participate where all parties consent or the court approves, and the firm screens th…
Can three separate law offices share a common firm name or advertise that they are associated or affiliated on letterheads, cards, signs, and announcements?
No. Three separate offices that are not in fact a partnership may not use a common 'umbrella' firm name or hold themselves out as associated or affiliated, because doing so conveys the appearance of a…
Can a lawyer take referrals from, and split fees with, a for-profit company that sells prepaid legal services?
The opinion concluded that the lawyer could not. The proposed for-profit prepaid legal services plan, under which fees would be split between the participating attorney and the corporation, violated D…
Can one attorney represent several judgment creditors at the same time against the same judgment debtor?
The opinion concluded there is no per se conflict in representing more than one judgment creditor against the same debtor. The attorney could do so unless the creditors had 'differing interests' as de…
Can two separate law firms list each other as 'Of Counsel' on their letterheads?
The opinion concluded that two firms could designate each other as 'Of Counsel' on their letterheads where a substantial, continuing relationship that is close, regular, and personal existed between t…
Can a firm that earlier gave a buyer a title opinion later represent the lender foreclosing on that same property against the former client?
The opinion concluded that whether a lawyer may oppose a former client turns on whether the subject matter of the former representation is substantially related to the present one. A firm retained to …
Can a firm that once defended a business in a collection case later represent a different client suing or defending against that former client in an unrelated dispute?
The opinion concluded that whether representation adverse to a former client is permitted turns on whether the new matter is substantially related to the former one, that is, whether the lawyer was so…
Can a lawyer represent a law partner who is a defendant in a personal lawsuit and is expected to testify as a witness in his own case?
The opinion concluded that the lawyer-as-witness prohibition, which requires a lawyer to withdraw when the lawyer or a firm lawyer ought to be called as a witness for the client, does not apply when t…
Can a law firm list its legal assistants or paralegals on the firm's letterhead?
The opinion concluded that a lawyer may list legal assistants on law firm letterhead, so long as the listing complies with the rule barring advertising that is false, misleading, deceptive, or unfair.…
Can lawyers also own and operate a title insurance company, refer their clients' title work to it, and share a building with it?
The opinion concluded that a lawyer may simultaneously practice law and write title insurance, subject to the Code while doing either, but may refer a client's title insurance or abstract work to a co…
Can a lawyer keep representing the first mortgage holder in a foreclosure when the lawyer's own firm holds a second mortgage on the same property and is named as a defendant?
The opinion concluded that although the lawyer and client might be able to resolve the conflict with client consent, because all lienholders shared an interest in a high sale price, continued represen…
Can one lawyer represent both a physician and a hospital insured by the same carrier, while also representing the Patients Compensation Fund, in a medical malpractice case?
The opinion concluded that whether one lawyer may represent multiple medical malpractice defendants with potentially differing interests turns on a case-by-case analysis, and that the lawyer must full…
Can a lawyer represent criminal defendants in the county where the lawyer's spouse is the sheriff, and does the conflict spread to the rest of the firm?
The opinion concluded that representing criminal or traffic defendants when the sheriff-spouse is directly involved in the investigation is not expressly prohibited, and there is no ethical bar so lon…
Can a divorce lawyer agree to withhold filing the final papers until the client pays the fee, and what ethical options exist for getting paid short of suing the client?
The opinion concluded that it is ethically impermissible to agree that the lawyer will not file the final divorce papers until fees are paid, but that the agreement may, with disclosure, acknowledge t…
Can a lawyer condition settling a fee or returning the client's file on the client releasing or agreeing to arbitrate malpractice claims against the lawyer?
The opinion concluded that a lawyer may not condition the return of client documents and the settlement of related fees on the client's release of legal malpractice claims, or on the client's agreemen…
Must a lawyer keep confidential damaging information about a client that the lawyer learned during the representation, even if it came from public sources?
The opinion concluded that the lawyer must keep confidential all information relating to the representation of the client and any information acquired in the course of the representation that could be…
If a lawyer is a part-time municipal judge, can the lawyer's firm represent clients in matters involving that town or appear in that municipal court?
The opinion concluded that what the part-time municipal judge may do, the firm may do, and what the judge may not do, the firm may not do, under principles of imputed disqualification. Firm members ma…
Does the rule limiting lawyer contact with a physician about privileged information also cover privileged materials and medical records?
The committee concluded that the principle of Formal Opinion 180, governing attorney contact with physicians about privileged information, extends to privileged materials and medical records as well.
If a lawyer cannot locate the client, can the lawyer settle the case or file suit, and how should the lawyer withdraw?
The committee concluded that where the lawyer could no longer contact the client (an escaped jail inmate with a personal injury claim), the lawyer was precluded from taking any action on the client's …
Can a lawyer practice with or employ a lawyer who has been suspended from practice?
No. The committee concluded that because Rule 1.1(h) of the Rules for Lawyer Discipline prohibits a lawyer from practicing law with or employing a suspended lawyer, any lawyer who did so would violate…
When an insurer hires a lawyer to defend a malpractice claim against another lawyer, who is the client, and can the insurer block turning over the file?
The committee concluded that the lawyer being defended, not the insurance company paying the bill, is the client; so when that lawyer (now with new counsel) asks for the file, the insurer cannot direc…
Can a lawyer represent a party against a former client in unrelated litigation?
On the facts presented, the committee concluded that representing parties adverse to a former client in unrelated litigation does not violate RPC 1.7, because there was no present attorney-client rela…
Can a lawyer keep personal funds, such as proceeds from a personal real estate deal, in the client trust account?
No. The committee reaffirmed that under RPC 1.14(a), the trust account guidelines, and Informal Opinion 799, lawyers may not commingle personal funds, including funds from personal real estate transac…
If a lawyer is an unsecured creditor of a former client and knows of assets the client hid in bankruptcy, can the lawyer disclose them?
The committee concluded that assets a lawyer learned of during a representation and knows the former client did not disclose in bankruptcy are confidences or secrets, so RPC 1.6 and 3.3(a)(2) preclude…
Can a lawyer employ a nurse as a staff member to help the lawyer provide personal guardianship services?
The committee concluded that nothing in the Rules of Professional Conduct prohibits a lawyer from employing a nurse as a staff member to assist in providing personal guardianship service.
Can the lawyer for a deceased lawyer's estate assert an attorney's lien over a former client's files?
The committee concluded that if the attorney's lien is lawfully assertable on behalf of the estate, there is no ethical reason the estate's lawyer could not assert it; whether the lien statute is asse…
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.