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 one lawyer become a partner in two separate law firms in different cities, with his name added to both firm names, while each firm keeps its own separate operations and fee-splitting formula?
Yes, generally. The opinion concluded there is no impropriety in a lawyer becoming a partner and practicing attorney in two separate professional firms in different cities, with his name added to both…
After leaving a Legal Aid Society, can a lawyer represent the same indigent clients for a fee in private practice?
The opinion concluded that a former Legal Aid staff attorney may represent prior clients privately, but not for a fee on the same matters they handled at the Society while those clients still qualify …
Can a public defender's office handle an appeal arguing that its own former lawyer gave ineffective assistance at trial?
The opinion concluded that no, where an appeal must attack the competence of trial counsel from the same public defender's office, the office is disqualified, and the fact that several lawyers work th…
Can a lawyer contact other purchasers of a defective product to get them to join a class action needing 100 named plaintiffs to certify?
Yes, but only if the client contacts, not solicits, them. The opinion concluded that a lawyer may accept, but may not seek, employment from purchasers contacted for the purpose of obtaining their join…
Can a lawyer make an in-person offer to represent an indigent person for free, and is a lawyer required to take a pro bono case?
The opinion concluded that an attorney's in-person offer to represent an indigent person purely pro bono does not violate the solicitation rules, because the prohibited 'employment' means activity car…
Can a lawyer who serves as escrow agent keep the interest earned on the escrowed funds as payment for handling the escrow?
The opinion concluded that a lawyer acting as escrow agent may not accept or seek the interest earned on escrowed funds as compensation; the committee found such an arrangement per se improper given t…
If a client's contract with a debtor sets attorney fees at 20% of the debt, and the lawyer collects that percentage directly from the debtor via garnishment, can the client then demand the lawyer turn that fee over too, on the theory the lawyer's real deal with the client was an hourly rate?
No, as to the contractual percentage fee itself. The opinion concluded that where the attorney collected a sum certain as attorney's fee under the contract between the debtor and creditor, using court…
Can a New Jersey lawyer pay to join a for-profit real-estate agency listing or a lay-owned advertising company that refers clients for a fee?
No. The opinion concluded that both arrangements are improper because neither is a bar-operated referral service, the fee structure pays for referrals rather than advertising, and the lay company's na…
Can a partner, associate, or office-mate of the lawyer for a Planning and Zoning Commission represent zoning-change applicants before that commission?
No. Neither a partner or associate nor an office-sharer of the commission's attorney may represent applicants before the commission; the appearance of impropriety controls, and the opinion sets a nine…
Can a lawyer who shares office space with the county attorney take work adverse to the county or defend criminal cases?
No. A lawyer who shares offices with the county attorney may not accept employment adverse to the county or defend criminal cases anywhere; the appearance of impropriety is too great. This opinion rev…
Can two lawyers in the same office (including a single public defender office) represent jointly charged codefendants who have not waived separate counsel?
No. Two lawyers in one office, including two public defenders in one office, may not represent jointly charged codefendants who have not given the RCr 8.30 waiver; the indigent-representation exceptio…
Can a Commonwealth's Attorney or County Attorney privately represent a landowner against the State in a condemnation case?
No. Neither a Commonwealth's Attorney nor a County Attorney could privately represent a party against the State in a state condemnation proceeding, because the official's loyalty to the government and…
If a lawyer on a bar rehabilitation committee learns of another lawyer's misconduct during counseling, must they report it to disciplinary authorities?
The opinion concluded that members of a bar rehabilitation committee are not obligated to report misconduct learned while counseling a lawyer for drug or alcohol abuse; reporting would destroy the tru…
Can a criminal defense lawyer keep a piece of physical evidence the client says was stolen from a police station?
The opinion concluded that whether the lawyer may retain physical evidence turns on whether the law imposes a duty to surrender it; if the law requires disclosure the lawyer is ethically bound to comp…
If a lawyer who has been prosecuting personal injury cases joins a defense firm that is defending those same cases, is the new firm disqualified even if the lawyer takes no part in the cases?
Yes, as originally decided. The opinion concluded that when an attorney who had been prosecuting seven personal injury and workmen's compensation cases joined the defense firm handling those same case…
Did Formal Ethics Opinion 80-F-1 condemn all structured settlements, or just settlement offers that let the defense fix the plaintiff's attorney fee?
Just the fee-fixing arrangement. The Board clarified that Opinion 80-F-1's statement calling structured-settlement fee interests inherently conducive to divided loyalties was not intended to condemn a…
Can a lawyer answer general legal questions from the audience on a radio or TV call-in program, and may the lawyer take on a caller as a client from it?
The opinion modified Opinion 148 to permit a lawyer to answer general legal questions on call-in programs, with a disclaimer urging the inquirer to seek competent legal advice, but kept the bar on acc…
After a solo practitioner who practices as 'Smith & Associates' dies, can the surviving associates keep using that name?
No. The opinion concluded that continuing the trade name 'John Smith & Associates' after John Smith's death would mislead the public, because the earlier opinion permitting the name depended on Smith …
Can the associate of an assistant county counsel handle a criminal defendant's appeal from a conviction that arose in the same county?
No. The opinion concluded that an assistant county counsel may not defend against prosecution of offenses in his county, that disqualification extends to his associates and to every judicial level, so…
Can a lawyer who writes a legal column for a business publication be identified by name and as a member of his law firm?
Yes. The opinion concluded that, after Bates v. Arizona, a lawyer writing such a column may identify himself as a member of a law firm, modifying and overruling earlier opinions that had barred using …
Can a New Jersey lawyer list himself as 'Of Counsel' to a multistate marketing firm that takes a percentage of referred-matter fees and runs group advertising?
No. The opinion concluded the arrangement is improper because the firm's fee division is an arbitrary percentage unrelated to services performed and the firm is an unregistered referral organization t…
May an attorney represent an indigent wife on a contingent fee to collect long-overdue alimony arrearages already fixed by a court order?
The committee concluded it would not be improper to represent the wife on a contingency basis to recover alimony arrearages, where the alimony had been fixed by a prior court order, the arrearages had…
Can a multistate law firm open a New Jersey office under its existing firm name when the named partners are not New Jersey lawyers?
No. The opinion concluded that under the rule's plain language a firm name may not be used in New Jersey unless all those named are or were members of the New Jersey bar.
Can a lawyer put a dollar cap or time limit on the firm's liability in a title opinion to limit malpractice exposure?
The opinion concluded no. Maine Bar Rule 3.6(b) forbids a lawyer from attempting to exonerate himself from, or limit, liability to a client for the lawyer's own malpractice or that of partners or sala…
Can a lawyer represent an insured under an insurer's instruction not to give the insured any opinion on the settlement value of the case?
The opinion concluded that a lawyer may not accept or continue representation of the insured under an insurer's instruction that the lawyer not express any opinion on the case's settlement value, beca…
May a lawyer be listed as 'General Counsel' or 'Consultant' on a client's letterhead?
Yes, where a bona fide continuing relationship exists. The committee concluded an attorney may be listed as 'General Counsel' or 'Consultant' on a client's letterhead and elsewhere if the attorney and…
Can a lawyer donate routine legal services to a nonprofit to be used as a door prize or auction item?
No. While lawyers may give away or discount services generally, donating legal services as a door prize or auction item is not the kind of informative advertising Bates protects; it steers a particula…
Can a lawyer who shares office space with a part-time assistant county attorney defend juveniles in juvenile-court public-offense cases?
No. A lawyer sharing office space with a part-time prosecutor could not represent juveniles in public-offense cases, because the arrangement implies special advantage and juvenile court was treated li…
Can a law firm that represents the county government and its sheriff and clerk also defend private clients on traffic charges in the county court?
The opinion concluded that a firm representing the county government and its elected officials, including the clerk, comptroller, and sheriff's department, may not defend clients on traffic violations…
Can a lawyer draft a warning letter for a rental-agency client that threatens to bring criminal charges against a renter who fails to return rented property?
No. The opinion concluded it would be unethical for the lawyer to prepare a form default letter threatening to present criminal charges if the default was not cured, because doing so is participation …
Must a lawyer withdraw from representing a fugitive client who refuses to surrender?
The opinion concluded that a lawyer is not required to withdraw merely because a fugitive client refuses to surrender; the lawyer may keep giving legal advice and negotiating surrender, so long as the…
Can a lawyer subpoenaed before a grand jury refuse to reveal a client's whereabouts learned in confidence?
The opinion concluded that a lawyer may refuse to reveal a client's whereabouts so long as a good-faith claim of privilege is raised, and may postpone court-ordered testimony pending timely appellate …
Can a lawyer represent a group legal-services plan that insurance brokers set up for their clients, and the subscribers who use it?
Yes, conditionally. The opinion concluded there is no ethical problem if the lawyer submits the plan to the Supreme Court as the rule requires, the Court approves it, and counsel acts in accordance wi…
Can a lawyer be attorney for both an elected township board of education and the township itself at the same time?
The opinion concluded the lawyer could serve in both capacities because an elected board of education is independent of the town government, but with the caveat that he must drop both if a conflict or…
Can a lawyer work for two different law firms at once, and also hold a part-time job with a state government agency?
Yes, with conditions. The opinion concluded a lawyer may work for two firms, each paying for services rendered, if their matters are not adverse and no client information is exposed, and may also hold…
May a part-time Commonwealth's Attorney in a small county also serve as counsel for the county's Public Service Authority and Industrial Development Authority?
The committee concluded it is not ethically improper for the Commonwealth's Attorney of a county under 15,000 inhabitants to also serve as counsel for the county's Public Service Authority and Industr…
When a lawyer closes a practice, can the lawyer destroy the files of clients who do not respond to a notice letter after 90 days?
The opinion concluded that a lawyer disposing of client files must make a diligent attempt to contact all clients, may not automatically destroy files after 90 days, and must individually review the f…
Can a full-time state-employed lawyer represent private clients in lawsuits against the State and collect fees from the State on top of a salary?
LEI 80-4 concluded that where a state-employed lawyer has no statutory, constitutional, or contractual duty to represent the State, there is no per se conflict under DR 5-105(B), but a full-time state…
Can a West Virginia law firm turn its overdue client accounts over to a collection agency to collect unpaid fees?
LEI 80-1 answered no. Although DR 4-101(C)(4) lets a lawyer reveal the minimum client information needed to collect a fee, the Committee concluded that injecting a collection agency into the attorney-…
When a law firm has lobbied for one client, can it switch sides and lobby for an opposing interest group, and how broadly does the former-client conflict reach?
The opinion concluded that lobbying by a lawyer is the practice of law and is governed by the former-client conflict rule (Bar Rule 3.4(e)), but that the bar reaches only particular legislative matter…
Can one lawyer represent both the driver and the injured passengers (here, a married couple and their deceased child's estate) in a car-accident suit when the driver has been brought in as a third-party defendant?
The opinion concluded no. Maine Bar Rules 3.4(b) and (c) bar multiple representation where the lawyer would represent differing interests or where independent judgment for one client is likely to be a…
If a court orders a lawyer to reveal a client's confidential whereabouts, does complying violate the duty to preserve client confidences?
The opinion concluded no. Maine Bar Rule 3.6(l)(1) expressly excepts disclosures required by a court order from the duty to preserve client confidences, so a valid court order requiring the attorney t…
When a former government lawyer enters private practice, which prior matters is the lawyer barred from, and is the new firm automatically disqualified too?
The opinion concluded that the former government lawyer is personally barred only from matters in which he held 'substantial and relevant responsibility,' adopting ABA Formal Opinion 342's narrow defi…
Can a lawyer act as both attorney and title insurance agent for a client, and keep the insurance sales commission on top of charging for the title search?
The opinion concluded that a lawyer may serve in the dual capacity of title insurance agent and attorney, but only with complete disclosure of the financial relationship and written consent, obtained …
In a class action where the defendant pays the plaintiffs' statutory attorney's fees, can plaintiffs' counsel negotiate those fees with the defendant before the underlying case is settled?
The opinion concluded no. Because the client and the attorney have competing interests in dividing a settlement fund, plaintiffs' counsel must abstain from any fee discussions with the defendant until…
If a lawyer serves as a county's attorney, can the lawyer's firm represent land developers, contractors, or other private clients whose matters come before the county?
No, generally. Adopting the New Jersey Rule from In Re: A. & B. and In Re: Dolan, the opinion concluded a firm whose member serves as county attorney is disqualified from representing land developers …
After Bates, can a New Jersey lawyer send letters advertising legal services to businesses and the public with whom the lawyer has no prior relationship?
Yes, within limits. The opinion concluded that simple letters advertising the availability of legal services, addressed generally to a segment of the population the lawyer does not personally know, ar…
Can a part-time municipal prosecutor defend private clients on charges from other jurisdictions that are tried in the same court where the prosecutor tries the municipality's ordinance cases?
The opinion concluded that the 'same court' is not itself a barrier. It found Memo Opinion 5/65, which had imposed a same-court restriction, contrary to Opinions E-76-12 and E-81-3, reaffirmed those t…
Can a lawyer keep all firm and client funds in a single trust account if a computer accounting system tracks them as two separate accounts?
The opinion concluded that a single pooled account does not satisfy the trust-account rule, which requires a physically separate bank account for client funds; computer accounting distinctions do not …
Can a part-time town attorney who prosecutes ordinance violations defend clients in prosecutions brought by other municipalities?
The opinion concluded that a part-time town attorney may defend a private client against an ordinance prosecution brought by a different town, within limits, as long as the attorney had assumed no pro…
Can a deputy city attorney who negotiates and monitors the city's insurance carrier contract also sit on that carrier's board of directors?
The opinion concluded that it would be improper. A deputy city attorney who represents the city in contract negotiations with its insurance carrier and monitors the carrier's performance cannot simult…
Can a lawyer buy warrants or stock from a corporate client whose public stock offering the lawyer is handling?
The committee concluded that a lawyer's purchase of warrants issued by a corporate client to fund a public offering the lawyer is advising on is not in itself a violation, because the rule barring a p…
Must a law practice that has incorporated as a professional corporation tell clients and courts about that status?
The committee concluded that a sole practitioner who employs others, or a firm, that has incorporated as a professional corporation should disclose that status, because the corporate form limits share…
Can a lawyer take a case against a former one-time client in a totally unrelated matter that does not involve the former client's confidences?
The opinion concluded it is not per se a conflict to represent a client adverse to a former ad hoc client in a wholly unrelated matter that does not involve the former client's confidences or secrets,…
Can a lawyer advertise a tax LLM and a field of concentration, and send referral-availability letters to other lawyers, but not to nonlawyer referral sources?
The opinion concluded a lawyer may state his degree and field of concentration in public advertising and on stationery, and may send referral-availability letters to lawyers in and outside Illinois, b…
Can a part-time city attorney who prosecutes ordinance violations, or his firm, defend people charged with crimes committed within the city?
The opinion concluded a part-time salaried city attorney who prosecutes ordinance violations and advises the police may not defend persons charged by the State's Attorney for offenses within the city,…
Can a lawyer licensed in Illinois but living out of state open an Illinois office run by a paralegal?
The opinion concluded a non-resident Illinois-licensed lawyer may open an Illinois office staffed by a paralegal, where the lawyer spends time there, supervises the nonlawyer's delegated work, assumes…
Can a lawyer advertise practice in a field even though his name closely resembles a better-known lawyer in the same field?
The opinion concluded a lawyer may advertise availability in a field even though his name is confusingly similar to a more experienced lawyer in the same field, so long as the advertising is not calcu…
Can a lawyer defend criminal cases in a county where a partner serves as a part-time Special Assistant State's Attorney handling only civil matters?
The opinion concluded a firm partner may defend a criminal case in the county even though another partner is a Special Assistant State's Attorney for civil matters only, provided that partner has no c…
Can a lawyer advise a client on the consequences of breaching a contract and prepare documents to carry out the breach?
The opinion concluded a lawyer may advise a client on the consequences of a non-criminal breach and prepare documents implementing the client's informed decision to breach, but may not help a client e…
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.