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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Must a criminal defense lawyer correct a court that is unaware of the client's prior OWI convictions, when the error benefits the client and no one has asked the lawyer about it?
The opinion concludes that a defense lawyer has no affirmative duty to proactively correct a court's or prosecutor's mistaken understanding of the number of prior OWI convictions, because the lawyer n…
How may a Florida lawyer pay a for-profit lawyer-matching or referral service without improperly splitting fees?
Payment is permissible if it is a fixed charge tied to the provider's marketing and administrative costs, not a cut of the lawyer's fee or a charge based on the value of the case.
After a solo lawyer dies and the firm is dissolved, can the lawyer who took over the cases pay part of the fees to the deceased lawyer's estate?
Only in narrow circumstances. Because an estate is a nonlawyer, fees may go to it only under a Rule 5.4(a) exception, chiefly to compensate for legal services the deceased actually rendered before dea…
I'm a former judge back in private practice. May I represent clients in matters before the court where I served as a judge?
The panel concluded yes, subject to a limit. A former judge may represent clients before the court on which he or she served, but not in any matter in which the lawyer participated personally and subs…
Can a government lawyer look for outside work, and later take a job, advocating to change the very laws the lawyer helped administer?
Generally yes. The Rules do not bar a government lawyer from organizing or later joining a law-reform project, subject to protecting confidential information, avoiding personal conflicts under Rule 1.…
What must a Maine law firm and a lateral hire do about conflicts, screening, and client files when an attorney changes firms?
The opinion walks through the lateral-move duties: limit conflicts disclosures to what Rule 1.6 allows, screen any disqualified lateral and give notice to affected former clients to avoid imputed disq…
Can a lawyer refer a client to a finance company or broker to borrow money to pay the lawyer's fee?
Yes. The opinion concludes a lawyer may refer a client to a fee-financing company or broker in which the lawyer has no financial interest, provided the lawyer complies with Rules 1.2(c), 1.4(b), 1.5(a…
Can a New York lawyer who is also a licensed engineer run both practices in one entity, name the firm after the engineering work, and avoid the Rules for the engineering clients?
A lawyer-engineer may run both practices in one entity from one office, but the firm name may not reference the engineering practice. Because engineering is distinct from legal work, the lawyer can ke…
Can a New York divorce lawyer take a mortgage on the client's house to secure unpaid legal fees without going back to the court?
Not on the lawyer's own. A fee mortgage in a divorce matter must satisfy both Rule 1.8(a) (a fair, fully disclosed business transaction with the client) and Rule 1.5(d)(5)(iii), which requires a signe…
Can a D.C. lawyer accept money raised through crowdfunding to pay for a client's legal fees, and what changes if the lawyer runs the campaign?
The opinion concludes that lawyers may generally represent clients whose fees are crowdfunded. When the client runs the crowdfunding and the lawyer is merely aware of it, the lawyer takes on no specia…
Can a lawyer take part in a church-organized prepaid legal plan for its members, and contact non-members in person at the church's request to support the church's causes?
The opinion concludes a lawyer may join a statute-compliant prepaid plan paid for by a church and may solicit non-members the church identifies, as long as the church does not direct the lawyer's prof…
Can an Oregon lawyer send thank-you cards to clients and referral sources, or host an open house for clients and nonclients?
Yes, qualified. The opinion concludes thank-you cards to clients and referral sources are constitutionally protected and need not be treated as advertising, and a lawyer may host an open house but mus…
Can a North Carolina lawyer use an online service that solicits client reviews and posts only 4- and 5-star ratings while keeping lower ratings private?
Yes, on conditions. A lawyer may use a review-solicitation service that routes only 4- and 5-star reviews to a public page if the client gives informed consent to releasing contact information and is …
Can a Florida lawyer charge a client interest on advanced litigation costs in a contingency case?
Yes, at a lawful and reasonable rate, if it is in the client's best interest, disclosed in writing at the earliest opportunity, and the client gives informed written consent.
After a hacker or data breach exposes client information, what does a lawyer have to do, and must clients be told?
The opinion concludes that when a breach involves, or is substantially likely to involve, material client confidential information, the lawyer must notify affected current clients and take other reaso…
May I represent a new client filing an amicus brief that supports my former client's appeal, where the two are on the same side of the issue?
The panel concluded no conflict under Rule 1.9. Even though the amicus matter is substantially related to (if not the same as) the prior representation, the new client's interests are not materially a…
Can a lawyer send a contractual notice (like a notice of default) directly to a represented opposing party?
Yes. The opinion concludes a lawyer may send a notice contemplated by the parties' contract directly to a represented party without violating Rule 4.2, so long as the notice is strictly limited to its…
If I drafted a contract and may have to testify about it, can I or another lawyer in my firm still represent the client in the lawsuit over that contract?
Per the Committee, the lawyer-witness generally may not take an active role before the tribunal unless a Rule 3.08(a) exception applies, but may still help prepare the matter; with the client's inform…
When a former prosecutor joins a public defender's office in West Virginia, can the office screen them so it can keep handling the cases, or is the whole office disqualified?
Screening under Rule 1.11(b) is available for matters the former prosecutor did not handle personally and substantially. If the prosecutor did participate personally and substantially in a matter, the…
What are a lawyer's ethical duties when using a third-party vendor to electronically file court documents using the lawyer's credentials?
A lawyer may use third-party e-filing vendors but must exercise reasonable care in selecting one, ensure an enforceable obligation to keep documents confidential and secure (especially sealed filings)…
What are a lawyer's ethical duties to prepare for and respond to a disaster that destroys files or shuts down the office?
The opinion concludes that the Rules apply with full force during a disaster and that advance planning reduces the risk of violating them. Lawyers must keep communicating with clients, develop enough …
When a Colorado lawyer is fired or withdraws, what parts of the client's file must the lawyer hand over, and can the lawyer charge the client for copies?
The opinion concludes that on termination a lawyer must, under Colo. RPC 1.16(d), surrender on demand the portions of the file the client needs to protect the client's interests (including editable el…
Two solo lawyers who share office space want to share a secretary and a computer. Does that make them one firm for conflict-of-interest purposes?
The panel concluded the arrangement is permissible, but because the shared secretary will have access to both lawyers' protected client information, the two practices are treated as one firm for confl…
When must a Texas lawyer holding a client's settlement funds withhold money for a third party's claim, and does the client firing the lawyer change that duty?
Per the Committee, a lawyer must safeguard or pay over client funds for a third party only when the third party has a matured legal or equitable interest in those particular funds (such as a statutory…
Can a Texas lawyer store confidential client information in the cloud or use cloud-based software to prepare client documents?
Per the Committee, yes; a lawyer may use cloud-based storage and document-preparation systems for confidential client information, but must take reasonable precautions and stay alert to data-breach an…
Can a Texas lawyer renegotiate a flat fee mid-case if the litigation turns out to be far bigger and more complex than expected?
Per the Committee, yes, but only if modifying the agreement is fair under the circumstances, and the lawyer bears the burden of proving fairness; relevant factors include the length of the lawyer-clie…
Can a Texas lawyer who is named executor of an estate also serve as the lawyer for that executor, and if not, can someone else in the firm?
Per the Committee, yes in principle: a lawyer is not prohibited from serving as both executor and counsel for the executor, but must analyze Rule 1.06 first; if the representation will be adversely li…
If my law partner is a part-time municipal court judge, can I defend criminal cases in that municipal court before the other judges?
Per the Committee, only with the defendant client's informed consent: the part-time judge's personal-interest conflict under Rule 1.06(b)(2) is imputed to the law partner by Rule 1.06(f), so the partn…
Can a New York lawyer also work as a financial planner for the same clients, advertise the planning service, and take referral fees from investment firms?
A lawyer may provide both legal and financial-planning services if no significant conflict exists, but may not take brokerage commissions on products bought by legal clients, which is a nonconsentable…
Does a lawyer who drafts a form contract for one client have a conflict if another client might later negotiate against it?
The opinion concludes that drafting a form contract for a client is not, by itself, a conflict merely because the form might later be used against another client of the firm; there is no direct advers…
Can in-house counsel for a non-law-firm company provide legal services to the company's customers?
The opinion concludes that an in-house lawyer who provides legal services to the customers of a non-law-firm employer, for the employer's financial benefit, assists the employer in the unauthorized pr…
What can an Ohio lawyer put in a website domain name, and can a domain name claim a practice specialty or a city where the lawyer has no office?
The opinion concluded that a lawyer's domain name is a form of advertising and a professional designation governed by the Ohio Rules. A lawyer is encouraged but not required to include the lawyer or f…
What political and campaign activities can an Ohio court magistrate take part in, and can a magistrate help the appointing judge's reelection?
The opinion concluded that magistrates are judicial officers subject to the Code of Judicial Conduct, so a magistrate may not contribute to the campaign committee of a judicial candidate seeking the s…
Can a lawyer retain a scarce expert, or share confidential information with one, just to conflict the expert out so the other side cannot use them?
Per the Committee, no; retaining an expert or intentionally disclosing confidential information to a prospective expert with no substantial purpose other than to disqualify or block the opposing party…
Can a Texas lawyer who served as mediator draft the written settlement agreement memorializing the parties' deal, and can the mediator suggest extra terms not discussed in the session?
Per the Committee, yes; drafting a written agreement that memorializes the mediated terms is part of the mediator's traditional role and is not legal representation, so it does not violate Rule 1.11 o…
Can a 501(c)(3) nonprofit law firm directly solicit self-represented Texans to provide civil legal services at below-market flat fees?
Per the Committee, no; soliciting prospective clients who have not sought the lawyer's advice and are not members of the qualified nonprofit organization violates Rule 7.03(a) when a significant motiv…
Can a lawyer ask other lawyers (in an online discussion group or in a one-on-one consultation) for advice that will help a client, and how much can the lawyer say about the client's matter?
Per the Committee, informal lawyer-to-lawyer consultation is not categorically prohibited; the inquiring lawyer should keep to general or abstract questions, and may reveal a limited amount of unprivi…
Can a New York lawyer take litigation funding where the lawyer's repayment to the funder is tied to the legal fees the lawyer collects?
No. Under Rule 5.4(a), a lawyer may not enter a financing agreement with a litigation funder (a non-lawyer) where the lawyer's future payments to the funder are contingent on the lawyer's receipt of l…
Can a North Carolina lawyer buy litigation cost protection insurance for a contingency case and charge the premium back to the client out of any recovery?
Yes. A lawyer may buy litigation cost protection insurance for contingency cases if it does not compromise independent judgment or the client's settlement authority, and may shift the premium to the c…
When a North Carolina lawyer is suspended, must the lawyer's name be removed from the law firm name, signage, letterhead, and website?
An actively disciplinary-suspended lawyer's name must be removed within a reasonable time not to exceed three months. If the suspension is stayed the lawyer may practice and the name may stay; for an …
Does a North Carolina lawyer's duty to disclose adverse legal authority under Rule 3.3(a)(2) require informing the court of rulings from lateral and lower courts?
No. The duty under Rule 3.3(a)(2) reaches only legal authority that is controlling as to the particular tribunal; the lawyer must make a legal determination of what controls, and need not disclose aut…
Can a North Carolina lawyer claim a profile on Avvo, Google, or LinkedIn, pay to be listed, and what must the lawyer do about third-party reviews?
A lawyer may claim a profile, pay the reasonable cost of a directory listing, and provide information to a rating system if everything stays truthful and not misleading. The lawyer is responsible for …
Do Kentucky lawyers have an ethical duty to use cybersecurity to protect client data, tell clients about breaches, and supervise the staff and vendors who handle it?
Yes. Lawyers must make reasonable efforts to protect client information from cyberattack as part of competence, confidentiality, and safekeeping duties; they may use nonlawyers and vendors but must ve…
Does a New York lawyer have a duty to investigate when asked to help with a transaction the lawyer suspects may be a crime or fraud?
The Rules do not expressly require investigation, but the opinion concludes a duty to inquire is implicit in some circumstances, arising from the Rule 1.1 competence duty and the Rule 1.2(d) bar on kn…
Is it an ethics violation for a New York lawyer to copy from other sources without attribution in a brief or court filing?
Not per se. The opinion concludes that copying another's writing without attribution in a litigation filing is not always deceptive under Rule 8.4(c), so it is not a per se violation. Depending on the…
Does a New Hampshire defense lawyer have a conflict if the lawyer also represents a nonparty the defendant names as a DeBenedetto apportionment-of-fault party?
Yes. Naming a current client as a DeBenedetto party creates a Rule 1.7(a) concurrent conflict because the defendant and that party are directly adverse; the committee could not agree whether such a co…
Can a West Virginia lawyer join an online attorney-client matching service that collects the client's fee and takes a per-case 'marketing fee' out of it?
No. The Board concludes that a lawyer who participates in the described attorney-client matching service model would violate the Rules of Professional Conduct, because the per-matter marketing fee sha…
Can a lawyer prepare documents for a pro se litigant under a limited-scope engagement, and must the lawyer disclose that a lawyer prepared the document?
Yes to the first, no to the second. The opinion concludes a lawyer may provide limited-scope (unbundled) help, including drafting documents for a self-represented litigant, and is not required to disc…
Can a lawyer agree to a settlement confidentiality clause that bars the lawyer from referring to the incident, the product, or the defendants' identity in other cases?
Formal Ethics Opinion 2018-F-166 holds that it is improper for a lawyer to propose or accept a settlement confidentiality clause barring future use or disclosure of publicly available information (suc…
Can a lawyer agree to a settlement term that bars the lawyer from disclosing or advertising information that is in the public court record?
The opinion concluded that a settlement term barring a lawyer from disclosing information contained in a court record is an impermissible restriction on the lawyer's right to practice under Prof.Cond.…
Can a lawyer licensed in another state handle an Ohio loan closing for an out-of-state lender without retaining Ohio counsel?
The opinion concluded that an out-of-state lawyer admitted and in good standing elsewhere may represent an out-of-state lending institution on a temporary basis in a loan secured by Ohio real property…
Can a lawyer the insurance company assigned to defend an insured withhold information from the insured to protect the insurer's financial interests?
No. The insured is the client, and the lawyer's duties under Rules 1.2(a) and 1.4 to communicate fully cannot be limited to protect the paying insurer; doing so would be the interference Rule 1.8(f) f…
Can an Oregon lawyer own and run a for-profit lawyer-referral service, and can that service give legal advice while screening callers?
A lawyer may own and manage a for-profit lawyer-referral service, qualified: the service must not practice law or help the lawyer-owner violate the rules, and the owner should avoid personally screeni…
Can a county attorney also sit on, and chair, the board of a county-sponsored community college that the county attorney's office represents?
If no law bars the dual roles, the lawyer may serve only after assessing, each time the county's and college's interests overlap, whether the board role creates a significant Rule 1.7 risk; a disquali…
May a California law corporation or LLP keep a former partner's or shareholder's name in the firm name when that lawyer no longer holds equity but remains employed at the firm?
Yes. Under former Rule 1-400 it is not misleading to the public for a law corporation or LLP to retain in the firm name an attorney who has given up equity but continues to practice at the firm.
Can a New York lawyer name the firm using only a first name, like 'The Jane Law Firm,' to stand out from other firms sharing the surname?
Under the rule the committee applied, no: a firm name had to include a lawyer's surname, so a first-name-only name was an impermissible trade name. The first name could still be used as branding, and …
Can a lawyer working a non-legal job sign an employer's non-solicitation agreement that could be read to restrict practicing law after the job ends?
No, if the clause restricts the lawyer's right to practice law after the job, Rule 5.6(a)(1) bars it even though the job is not legal work. The lawyer may sign if the clause is expressly made subject …
Can a real estate lawyer and a spouse who is a real estate broker send each other client referrals?
Yes, with limits. The lawyer may take referrals from the broker spouse only if the spouse is uninvolved in the transaction and follows the lawyer-solicitation rules, and may refer clients to the spous…
Must a lawyer scrub metadata before sending electronic documents, and may a lawyer mine metadata in documents received from an opponent?
A sending lawyer must act competently to prevent disclosing significant metadata; a receiving lawyer is not barred from mining metadata, but must comply with SCR 20:4.4(b) or (c) if it reveals materia…
Can a North Carolina lawyer offer clients on-site access to a financial brokerage company that finances legal fees?
Yes, under conditions. A lawyer may offer on-site access to a fee-financing broker as one payment option if the arrangement is legal, the lawyer receives no consideration from the company, and the law…
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.