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 pay a witness for time lost from work while being interviewed, and can a witness who has both firsthand knowledge and expertise be paid an expert fee?
The opinion concluded that under Rule 7-109(C) a lawyer could compensate lay and expert witnesses for expenses, including time lost from work to be interviewed, but could not pay a lay witness for tes…
Can a lawyer take a case against someone who once consulted the lawyer about a different matter but never retained them?
The committee concluded that a person who consults a lawyer about a matter is a client for confidentiality purposes even if no retention follows, so the lawyer may take a later matter adverse to that …
Can a married deputy public defender and deputy district attorney work opposite sides of the same criminal case?
The committee concluded that a deputy public defender may represent an accused prosecuted by the deputy district attorney spouse only with disclosure of the marriage and written consent from the accus…
Is an administrative law judge a 'judge' for the ex parte communication rule, and can a lawyer contact the agency head?
The committee concluded that an administrative law judge is a 'judge' under former Rule 7-108(B), and that no lawyer should communicate ex parte with the agency head while the agency is deciding a con…
Can a lawyer threaten or file an EEOC discrimination charge that is a prerequisite to suing the employer?
The committee concluded that former Rule 7-104 does not bar a lawyer from filing or threatening an EEOC charge, because where the charge is a required prerequisite to a civil suit it is intrinsic to t…
Can a lawyer serve as the party-designated arbitrator for a client they already represent?
The committee concluded that a lawyer who already represents a client may serve as that client's party-designated arbitrator in a contractual partisan arbitration, but remains bound by attorney duties…
Can a lawyer let a client hire a medical-legal consulting firm on a contingent fee to supply expert testimony?
The committee concluded that a lawyer may work with such an arrangement only within strict limits: no contingent fee for a witness's testimony, no fee-splitting with a lay agency, no aiding the unauth…
Can a lawyer talk privately to the trial judge while the case is on review in a higher court?
The committee concluded that a lawyer may not communicate ex parte with a trial judge on the merits of a contested matter that is on review and may return to that judge, because the matter is still 'p…
Can a lawyer competently represent a client they cannot speak with directly in a shared language?
The committee concluded that a lawyer need not personally speak the client's language, but competence requires adequate communication, so the lawyer must use an interpreter, translator, or bilingual c…
What must a criminal defense lawyer do with physical evidence of a crime the client hands over?
The committee concluded that a criminal defense lawyer who takes possession of physical evidence of a crime must turn it over to the prosecution after a reasonable time, but if merely told the locatio…
Can lawyers who share office space but are not partners use 'law offices,' or a solo use 'and associates,' or call someone 'of counsel'?
The committee concluded that non-partners may not hold themselves out as partners by using 'law offices'; that it is inherently misleading for a sole practitioner with no associates to use 'and associ…
Can two solo lawyers who only contract with each other for overflow work hold themselves out on letterhead as an association of professional corporations?
No; the opinion concluded that lawyers who are not partners or a single professional corporation may not use a firm name or letterhead implying a partnership or unifying structure that does not exist.
Can a lawyer contact employees of an adverse corporation in litigation, and which employees are off limits?
The committee concluded a lawyer may communicate with employees of a corporation adverse to the lawyer's client if the lawyer first discloses the adversarial role and the employee is not one who could…
What city-related matters may the law firm of a lawyer who sits on the city council take on, and which are barred by the lawyer's public office?
The opinion concluded the answer turns on the type of matter. The firm may not defend criminal cases prosecuted by city police, sue the city, or represent municipal employees in grievances or collecti…
Can one lawyer represent both an injured claimant and the health insurer that paid benefits and is subrogated to the claimant's recovery?
The opinion concluded a lawyer may represent both the insured and the subrogated insurer, but only with safeguards. Their interests are identical in establishing the tortfeasor's liability, so joint r…
When a real estate closing check is routed through the seller's lawyer's trust account and that account turns out to be short, has the seller's lawyer committed an ethics violation, and did the buyer's lawyer?
The opinion concluded no ethical infraction was shown on the given facts, which did not reveal how or how quickly the seller was paid. The seller's lawyer had a duty to deliver the full purchase price…
Can a New York lawyer put short-term or nominal client funds in a pooled interest-bearing account that funds legal services for the poor?
The opinion concluded that a lawyer may participate in the statutory IOLA program by depositing client funds that are nominal in amount or held for a short time, where the funds would not earn net int…
Can a defendant's attorney offer a structured settlement without improperly participating in setting the plaintiff's attorney's contingency fee, and how should the plaintiff's attorney handle the fee when the settlement itself is structured?
Yes, a defendant's attorney offering structured settlement options does not improperly participate in setting the plaintiff's attorney's fee, because that fee is already fixed by the contingency agree…
Can a lawyer lend a matrimonial client money to bid on the marital home being sold under an equitable distribution decree?
The opinion concluded that a lawyer may not lend or guarantee a loan to a client to let the client bid on marital property being sold under an equitable distribution decree; such a loan is prohibited …
Can a part-time county juvenile court judge represent the county school board in a funding lawsuit against the county commission that funds the court and the judge's salary?
No. The opinion concluded the judge, acting as a lawyer, was prohibited from bringing an action against the county commission on behalf of the school board, because the commission funds both the schoo…
Can a district attorney who is not running for reelection publicly endorse a candidate to succeed him?
The opinion concluded that a district attorney who is not a candidate for reelection may publicly endorse a successor candidate, as a limited exception to the rule against prosecutors' partisan politi…
Can a criminal defense lawyer represent a defendant prosecuted by the city police when the lawyer's associate is the city attorney?
No. The opinion concluded that the appearance-of-impropriety and vicarious-disqualification rules barred the attorney from representing a criminal defendant prosecuted by the city police when the atto…
In a child abuse or neglect case, may the parents' lawyer arrange a medical or psychological exam of the children, who are represented by a court-appointed guardian ad litem, without the guardian's consent?
LEI 83-9 concluded that a lawyer representing parents in neglect or abuse proceedings may not directly or indirectly arrange a medical or psychological examination of the children without first obtain…
Can a full-time state-employed attorney who also acts as a special assistant attorney general represent a private citizen's Crime Victims Reparation Act claim before the Court of Claims?
LEI 83-8 concluded that a state-employed attorney may represent a private citizen's Crime Victims Reparation Act claim before the Court of Claims, including in an adversarial hearing, because the Repa…
May a nonprofit legal aid society pay the medical-examination expenses of indigent clients with disability benefit claims out of a charitable fund?
LEI 83-6 concluded that a legal aid society may advance medical-examination costs for indigent disability claimants if the money comes from an independent fund unrelated to the funds that pay the soci…
May a New Jersey firm list an out-of-state firm it merely exchanges referrals with on its letterhead as 'Of Counsel'?
No. The opinion concluded that listing a Pennsylvania firm (with which the New Jersey firm only exchanged referrals, not a partnership) on the letterhead, whether by firm name or by its individual mem…
If a lawyer acts in a private matrimonial mediation service for a couple, may the lawyer later represent one spouse in their divorce?
No. The opinion concluded that a lawyer who participates in a private matrimonial mediation service, by advising both spouses on equitable distribution or drafting their settlement, is thereafter elim…
Can an 18-B assigned lawyer represent the same indigent client in unrelated paying matters during or after the assignment?
The opinion concluded that an 18-B assigned lawyer may represent the former client for a fee on unrelated new matters after the assignment ends (first checking continued 18-B eligibility), but may not…
Can a lawyer who defends the sheriff in a Section 1983 civil-rights suit also defend criminal cases in which the same deputies are prosecution witnesses?
It depends on the testimony. The opinion concluded that where the deputies' testimony in the two matters is disputed or conflicting so as to fetter the lawyer's judgment or loyalty, the lawyer may not…
After a firm breaks up, can a former partner take a matter adverse to a client the other partner handled, when the matter is closely related?
The committee concluded that a former partner may not represent the decedent's family against a client whose related hit-and-run matter the other partner had handled, because partnership imputes the f…
Can a bar association conduct a poll rating the qualifications of judicial candidates?
Yes. The opinion concluded that a bar association may conduct a judicial poll, because lawyers have a duty to improve the legal system and are uniquely positioned to evaluate judicial candidates, prov…
Can a lawyer contribute money to a judge's or judicial candidate's campaign for the Court of Justice?
Qualified yes. The opinion concluded that a lawyer may contribute to a judicial campaign, individually or through a committee, given the lawyer's duty to aid in selecting qualified judges and the case…
Can a lawyer arrange medical expert testimony through an agency that charges a contingent fee for finding the experts?
No. The opinion concluded that a lawyer may not offer or recommend to a client a contingent-fee contract with a medical-expert search agency, because the arrangement is fraught with inherent problems …
Can a lawyer who witnessed a will's execution and signed an affidavit of no undue influence represent the primary beneficiary in defending the will's validity?
No. The opinion concluded that because the lawyer (and his secretary) ought to be called as witnesses on the testator's capacity and freedom from undue influence, Disciplinary Rule 5-101(B) barred the…
Must a law firm be disqualified because it hired an associate who had worked substantially on the same case at the opposing party's firm?
On the facts, the opinion concluded the defendant's three-lawyer firm should be disqualified, because the lateral associate had participated substantially in pretrial motion and discovery for the plai…
Does a district attorney who provides Title IV-D child support enforcement services form an attorney-client relationship with the public-assistance recipient, and can the DA later prosecute that recipient for welfare fraud?
No relationship, no bar. The opinion concluded that no attorney-client relationship exists between district attorneys providing child support enforcement services and the public-assistance recipient, …
Can an assistant district attorney prosecute cases defended by her husband's law firm, and can the government consent to that conflict?
Revising Opinion #36, the opinion concluded that responsible government officials can consent to such a representation. An assistant district attorney may prosecute cases defended by her husband's fir…
When two lawyers share office space and a secretary, can they take opposite sides of a case, and can one refer a client to the other in a matter where the referring lawyer will testify?
The opinion concluded that office-sharing lawyers who share a secretary may not take opposite sides of a matter, because their mutual financial dependence and the shared employee's exposure to both cl…
Can a county's civil lawyer (delinquent-tax, budget, beer-permit work) also defend criminal cases prosecuted by county law enforcement?
It depends on the civil work. The opinion concluded there is no inherent impairment in representing the county on delinquent taxes, budget and fiscal matters unrelated to law enforcement, and capital …
Can in-house counsel for a group of affiliated companies do legal work for all the affiliates and let his employer bill each affiliate for his time?
Yes, with safeguards. The opinion concluded there is no per se violation in in-house counsel serving affiliated companies and having his employer allocate his salaried time to each affiliate, so long …
When a lawyer takes over another lawyer's client files, is there a confidential relationship between them, and must the new lawyer report ethical violations found in the files?
No special privilege; the reporting duty applies. The opinion concluded that no confidential relationship exists between attorneys merely because one takes over the files of another, and that DR 1-103…
Can a lawyer divide a contingency fee with co-counsel who was suspended from practice before the fee was paid, and can he employ a suspended attorney in a non-legal role?
Fee yes, employment no. The opinion concluded a lawyer may divide a fee with a suspended attorney based solely on the work performed and responsibility assumed before the suspension, with the client's…
Could a Tennessee law firm produce and distribute a brochure listing its practice areas and lawyer bios to clients and prospective clients on request?
Yes, with the disclaimer. The opinion concluded, under the rules as they stood in 1983, that a firm could produce and distribute a practice-areas brochure to regular or prospective clients on request,…
Can a part-time Commonwealth or county attorney maintain a private civil practice, and when is the prosecutor (and the firm) disqualified?
Qualified yes. The opinion concluded that a part-time prosecutor may keep a private civil practice in matters unconnected to possible criminal litigation, but is disqualified (along with partners and …
Can one member of a law partnership be a professional service corporation while the firm is not?
Yes. The opinion concluded that a single member of a law partnership may be a professional service corporation, provided the firm's letterhead, cards, and other public representations disclose the P.S…
Can a Kentucky law school faculty member represent a client in a suit against the state or a state agency, even though the professor is paid by the Commonwealth?
Qualified yes. The opinion concluded that a full-time law faculty member is not a state attorney in the conflict sense and may sue the state, but should not sue the professor's own university and shou…
May a lawyer donate old client files to a historical or educational institution because they have historical significance?
Generally no. The committee concluded that client files probably contain confidences and secrets protected by DR 4-101, so a lawyer may not turn them over to a historical or educational institution wi…
If a lawyer learns that a client is receiving oil royalties the client may not be entitled to, can the lawyer disclose that to the buyers or the oil company, and what should the lawyer do?
The committee concluded that the attorney may not disclose confidential information learned through the attorney-client relationship, absent client consent, even where the client intends to keep recei…
Can a former government attorney join a firm that is litigating against the attorney's former agency?
The opinion concluded that a former public employee may not accept private employment in a matter in which he had substantial responsibility as a public employee (DR 9-101(B)), whether or not the publ…
Can an attorney hold a client's papers under the attorney's lien statute when the client needs them in pending litigation, and is the rule against secret recording still valid?
The opinion concluded that Ethics Opinion 78-1's rule against recording any conversation without the consent of all parties remains in full force, but that Ethics Opinion 77-2 (allowing an attorney to…
Can a prosecuting attorney or assistant prosecuting attorney represent a private client with a claim against a state agency before the West Virginia Court of Claims?
LEI 83-4 concluded that it is not ethically proper for a prosecuting or assistant prosecuting attorney to represent a claimant in a matter before the West Virginia Court of Claims, because the state a…
If a lawyer also acts as the agent who issues the title insurance policy in a real estate deal, can the lawyer keep the part of the premium that pays for title work the client has already been billed for separately?
The opinion concluded that a lawyer who acts as agent for a title insurance company may receive compensation out of the premium the client pays, but must credit the client for the portion of the premi…
If one lawyer in a firm becomes a part-time assistant district attorney, can the firm's other lawyers keep representing criminal defendants in the state's courts?
The opinion concluded no, at least as to pending criminal cases. Maine Rule of Criminal Procedure 53A bars any attorney for the State, and anyone holding himself out as that attorney's partner or asso…
Does a lawyer who also serves as a county commissioner have a conflict of interest when he sues towns located within his county on behalf of private clients?
The opinion concluded that no conflict of interest existed. Under Maine Bar Rule 3.4(b) a conflict arises when a lawyer's independent judgment for a client is likely to be adversely affected or when h…
Are members of a bar association's lawyer-assistance committee excused from the duty to report ethical violations they learn about while helping an impaired attorney?
Vacated. As originally issued, the opinion concluded that officially elected members of the Nashville Bar Association's Alcohol and Drug Abuse Committee (Lawyers Concerned for Lawyers) were relieved o…
Can a lawyer appointed by the court to represent indigent criminal defendants hire or assign another lawyer to handle the appointed cases?
Yes, with the court's consent. The opinion concluded that a competent court-appointed lawyer should not seek to be excused from an indigent-defense appointment except for compelling reasons, but may d…
Can a New Jersey lawyer represent a buyer or seller in a real estate deal when the lawyer's spouse is the listing or selling broker, if the client consents after full disclosure?
No. The opinion concluded that when the lawyer's spouse is the listing or selling broker, the lawyer may not represent either party even with full disclosure and consent, because the spouse's commissi…
If a New Jersey lawyer is barred from a county legal post because of an actual conflict, can the lawyer's partner take that post instead, and what if the conflict arises from the lawyer's seat on a county board?
No. The opinion concluded that where an actual conflict bars a lawyer (a municipal court judge, or a member of a county community college commission) from serving as assistant county counsel, the disq…
Who could sign checks and authorize withdrawals from a Minnesota law firm trust account?
Under this now-repealed opinion, every withdrawal instrument drawn against a law firm trust account had to be signed by at least one lawyer in the firm, and no withdrawal could be made except at a law…
Can a Kentucky lawyer who defended a criminal defendant later represent the victim of that crime before the Crime Victims Compensation Board?
No. The opinion concluded that the later representation of the victim is substantially related to the earlier defense of the accused, creating a conflict of interest that client consent cannot cure.
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.