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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Does a lawyer have to tell a client about the lawyer's own mistake, and does that duty reach former clients?
The opinion concludes that Rule 1.4 requires a lawyer to tell a current client about a material error, meaning one a disinterested lawyer would find reasonably likely to harm the client or serious eno…
If a lawyer is both the child's attorney and guardian ad litem in a termination of parental rights case, can the lawyer argue for termination over the child's objection?
No. When the child's wishes and the lawyer's view of the child's best interests irreconcilably conflict, the lawyer must petition to withdraw from the guardian ad litem role and continue as the child'…
What are a New York prosecutor's ethical duties when evidence surfaces after conviction suggesting a defendant may be innocent?
Rule 3.8(c) sets a minimum duty when a prosecutor knows of new, credible, material evidence creating a reasonable likelihood a convicted defendant did not commit the offense. The opinion concludes the…
Can a government lawyer who pays union dues as an agency-shop member prosecute discipline cases against employees that union represents?
Yes, unless in a given matter a reasonable lawyer would find a significant risk that agency-shop status would impair the lawyer's judgment for the agency. If such a risk exists, the lawyer may still a…
Can a former county social-services lawyer go into private practice and oppose that same agency, including in support-enforcement cases?
Yes, unless the lawyer was personally and substantially involved in, or holds confidential information about, the same specific matter while in government service. Rule 1.11(a)'s narrow same-matter te…
After a consultation that does not lead to representation, does a D.C. lawyer have to keep or hand over the notes, research, and information from the prospective client meeting?
The opinion concludes that a D.C. lawyer must protect a prospective client's confidences and secrets under Rules 1.18 and 1.6, and must safeguard and return any property the prospective client entrust…
Can a lawyer admitted only in another state use 'Esq.' in New York and call themselves a lawyer when doing pro bono immigration work here?
Yes, with care. A lawyer not admitted in New York may use 'Esq.' on a non-legal-job business card if the card does not suggest the person practices law in New York, and may call themselves a lawyer fo…
Can a lawyer agree to be paid for a client's criminal defense out of the client's personal injury recovery in another matter the same firm handles?
Yes, if the lawyer complies with Rule 1.8(a). Securing hourly criminal fees against a personal injury recovery is a permitted Rule 1.8(i) contract lien, but it is a business transaction creating diffe…
Can a Kentucky government agency's lawyer answer questions from the public about the agency's rules without crossing into giving legal advice?
Qualified yes. With the agency's consent, an agency lawyer may give a non-client general information about the agency's procedures, rules, and options, but may not advise which option to choose, and m…
Does a Tennessee prosecutor's ethical duty to disclose favorable evidence to the defense go beyond the constitutional Brady obligation?
Formal Ethics Opinion 2017-F-163, since vacated by the Tennessee Supreme Court, concluded that a prosecutor's ethical duty under RPC 3.8(d) to disclose information favorable to the defense is separate…
What are the ethics rules for Colorado lawyers who share office space or use a virtual office, especially around conflicts, client confidences, and firm names?
The opinion concludes that office-sharing and virtual-office lawyers may share space but must avoid being treated as one 'firm' for imputed-conflict purposes (or get informed written consent), must ta…
Can a New York lawyer take protective action and disclose confidential information for a prospective client who has seriously diminished capacity?
Yes. The opinion concludes a lawyer may take reasonably necessary protective action when a prospective client has seriously diminished capacity, cannot act in their own interest, and risks substantial…
Can a Tennessee lawyer participate in an online marketplace where clients post legal projects and lawyers submit fee quotes, without it being an improper referral service?
Formal Ethics Opinion 2018-F-165 concludes that a legal marketplace website where clients post projects and lawyers submit fee quotes is not an intermediary organization (lawyer referral service) and …
Can a lawyer represent a client in a lawsuit financed by a litigation-funding company in which the lawyer is an investor?
No. Even with disclosure and consent, the lawyer's investment routes financial assistance to the client and gives the lawyer a proprietary interest in the claim, violating Rules 1.8(e) and 1.8(i); tho…
Can a lawyer blog or post about a client's case if the details are already in the public record?
No, not without consent. The opinion concludes that the confidentiality duty in Rule 1.6 covers all information relating to a representation, including information in a public record, so a lawyer may …
If a plaintiffs' lawyer writes to a defendant company's other employees describing the lawsuit and saying similarly situated employees may have claims, but frames it as gathering information, is that a regulated direct-mail solicitation?
Per the Committee, a communication that purports to seek information may still be a written solicitation subject to Rule 7.05(b) if it is made with the intent to obtain professional employment signifi…
To set up a Rule 202 pre-suit deposition of an anonymous online defamer, can a lawyer (or the lawyer's investigator) contact that person anonymously to get jurisdictional or identifying information?
Per the Committee, no; a lawyer and the lawyer's agents may not anonymously contact an anonymous online person to obtain jurisdictional or identifying information, because failing to reveal their iden…
When I leave my law firm, can I copy and keep my clients' documents (for example to reuse as forms) even when the client isn't following me to the new firm?
Per the Committee, a departing lawyer may, at the lawyer's own expense, copy and retain documents from matters the lawyer personally handled (no prior-firm or client consent needed if responsive to fi…
If an insured stops cooperating in the defense the insurer is paying for, can the insurer-retained lawyer tell the insurance company about the non-cooperation when withdrawing?
Per the Committee, the lawyer may withdraw for the insured's failure to cooperate (Rule 1.15(b)), but the non-cooperation is the insured's confidential information; absent the insured's consent the la…
Can a lawyer file an affidavit to disqualify a judge based on the judge's reputation, weigh the effect on the lawyer's own practice, and must the lawyer tell the client about the option?
A lawyer may file an affidavit for change of judge only if the lawyer can truthfully state both that the client cannot get a fair trial before the judge and that the motion is in good faith and not fo…
My client, a widow, refuses to bring the wrongful-death suit and tells me not to inform her children about the claim. What are my ethical obligations?
The panel concluded the client has ultimate authority over whether to pursue the wrongful-death claim, so the lawyers must abide by her decision not to proceed. Because the widow is the client, Rule 1…
Can a lawyer limit how and when a difficult client communicates, and when may the lawyer withdraw?
Yes. A lawyer may set reasonable time-and-manner limits on client communications, such as scheduled appointments or writing, as long as the substantive duties of Rule 1.4 are met. If communication bre…
Can a lawyer cc or bcc their own client on emails to opposing counsel, and can opposing counsel reply-all to the client?
Copying a client on email to opposing counsel risks waiving confidences, and a lawyer who receives email with the opposing party cc'd must ask before replying-all. The opinion's better practice is to …
Can a lawyer appointed individually as a foreclosure referee deposit sale proceeds into the law firm's IOLA account?
Yes. Serving as a foreclosure referee is incident to the practice of law, so Rule 1.15 applies. The attorney/referee may deposit third-party sale proceeds into the firm's IOLA or special account, or o…
Can a lawyer in litigation against a government agency make public records requests to that agency without violating the no-contact rule?
Yes. The Committee concludes that making a public records request to a government agency the lawyer is suing does not violate Rule 4.2, because the request is 'authorized by law' under Nevada's Public…
If a lawyer keeps a client's file electronically, must they print it on request, and who pays?
The lawyer must take reasonable measures to deliver the file in a form the client can actually access, printing it when the client cannot use the electronic version, but the lawyer may charge the clie…
Can a lawyer communicate directly with a low-level government employee when the government agency is represented by counsel?
Yes, qualified. The committee concluded that under Washington's Wright v. Group Health rule, RPC 4.2 bars contact only with government employees who have managing or speaking authority to bind the age…
In insurance-defense or employer-paid representations, can the defense lawyer share the client's confidential information with a third-party administrator, broker, HR manager, or risk manager?
No, unless the lawyer's client gives informed consent. The committee concluded that even within the tripartite or quadripartite relationship, RPC 1.6(a) bars disclosing client confidential information…
When a lawyer leaves one firm for another, what must the lawyer and the old firm tell clients, how are files transferred, and may the lawyer contact old-firm clients?
The committee concluded that both the departing lawyer and the old firm must notify clients of the lawyer's departure under RPC 1.4(a)(3); the client decides whether the file stays, moves, or goes els…
Can a lawyer use a third-party financing company to help clients borrow money to pay legal fees, and do the fees the lawyer pays the company count as sharing fees with a non-lawyer?
Yes. A lawyer may associate with a third-party financing broker that loans clients money to pay fees, and the reasonable fees the lawyer pays the broker are not prohibited fee-sharing because they are…
Can a lawyer accept client earnest-money deposits through PayPal, and when must those funds be moved into a trust account?
Yes. A lawyer may take earnest-money deposits through PayPal if the account holds no funds of the lawyer's own and records are kept; nominal or short-term funds must then move to an IOLTA account, and…
Can a registered investment adviser (RIA) firm in Utah employ a lawyer to provide estate-planning services to the RIA's clients and pay the lawyer a share of the firm's advisory fees?
The opinion concludes a lawyer's duties run to the client; a non-client may pay the lawyer's fee if Rule 1.8(f) is met, but an RIA cannot employ a lawyer to deliver legal services to its clients and p…
If opposing counsel copies their own client on an email to me, can I hit reply-all and include that represented client in my response?
No, not without consent. Copying a represented party on an email is a communication governed by Rule 4.2, and the mere fact that opposing counsel copied their own client does not, by itself, imply con…
Can a Utah lawyer put an indemnification clause in a retainer agreement, and can the lawyer use it to make a client pay the lawyer's malpractice insurance deductible if the client's malpractice claim fails?
The opinion concludes a lawyer may include an indemnification provision covering third-party claims arising from the client's own conduct, but using such a clause to recover the lawyer's malpractice i…
Can a lawyer accept a substantial gift in a client's will if the lawyer does not prepare the will, and refer the client to another lawyer to draft it?
Yes. The opinion concludes Rule 1.8(c) lets a lawyer accept a substantial testamentary gift from an unrelated client so long as the lawyer neither solicits the gift nor prepares the document, and the …
When a lawyer works for a state enforcement agency, can the same office both prosecute a complaint and advise the agency panel that decides it, and who decides whether to appeal?
An agency lawyer who was substantively involved in investigating a complaint should not later serve as advice counsel to the panel adjudicating it. The decision whether to seek reconsideration or appe…
Can a law firm represent a party on appeal when one of its own lawyers testified as an expert witness for the opposing party in the same case?
The opinion concludes that if the testifying lawyer truly had no attorney-client relationship with the party who engaged him, the firm's later representation of the adverse party on appeal is not barr…
If someone already has a lawyer for a matter contacts a second lawyer about that same matter, can the second lawyer talk to them without notifying the first lawyer?
Yes. The opinion concludes Rule 4.2 does not bar a lawyer with no involvement in the matter from communicating with a represented person who seeks new counsel, and no notice to or consent from the cur…
Can a lawyer let a chiropractor pay part of the lawyer's advertising costs in exchange for client referrals?
Yes. A non-lawyer such as a chiropractor may fund a lawyer's advertising in exchange for referrals, but the arrangement creates a Rule 1.7 conflict that requires the lawyer to disclose the relationshi…
If a Utah lawyer is hired by another law firm to consult on a narrow area of law using only hypotheticals, does the lawyer take on a client-lawyer relationship or a duty of confidentiality?
The opinion concludes the consultation alone does not create a client-lawyer relationship between the consulted lawyer and the consulting firm's client, but the consulted lawyer may acquire a duty of …
Can a firm use screening to avoid imputing one existing partner's conflict to another partner in the same firm?
No. The opinion concludes the Illinois screening rule applies only when a lawyer becomes newly associated with a firm; it cannot insulate existing firm members from each other's conflicts, so the conf…
Can a lawyer who is also a licensed insurance agent sell auto insurance for carriers that the lawyer's firm may file claims against?
Yes, provided the lawyer does not perform legal work as an insurance agent and does not represent clients against any carrier where that agency relationship would materially limit the representation, …
Can a Utah law firm keep a founding partner's name in the firm name when that partner is a part-time state legislator who does very little legal work but has not formally retired?
The opinion concludes the name may remain during the seven-week legislative session because that period is not a substantial enough interruption to violate Rule 7.5(c), provided the lawyer is actively…
Can a lawyer use hidden email tracking software ('spymail' or 'web bugs') when emailing other lawyers or clients?
No, not without consent. The opinion concludes the undisclosed use of email tracking software is dishonest and deceitful under Rule 8.4(c) and invades the client-lawyer relationship; the sender must g…
Can a lawyer contact someone who is represented by another lawyer in a different, unrelated matter?
Yes. SCR 20:4.2 only bars communication about the matter in which the person is represented, so a lawyer who represents no one in that matter may contact a represented witness, give a second opinion (…
When can a lawyer use a former client's information because it is 'generally known'?
Only when the information is widely recognized by the public in the relevant area or within the former client's industry or trade. The opinion concludes that information is not 'generally known' just …
When a law school clinic and a legal services group serve as co-counsel, must they clear conflicts across all their clients?
No. Separate firms acting as co-counsel on particular matters are not 'associated in' one firm under Rule 1.10, so they must clear conflicts only for the shared co-counsel matters, not across all thei…
If a lawyer at a firm that represented a government body leaves to join the firm on the other side, can the new firm keep the case by screening her?
Yes, where she did not have primary responsibility. The Committee held that RPC 1.11's government-lawyer screening does not apply to a private firm's outside counsel; the analysis is under RPC 1.9 and…
When a New York lawyer jointly represents two clients without a conflict, what must the lawyer tell them about how joint representation works?
Even without a conflict requiring informed consent, the opinion concludes Rule 1.4 requires the lawyer to explain the implications of joint representation, including that information material to the r…
Can a law firm draft a will for an expert it regularly calls to testify for its clients, and must it disclose that relationship?
Yes, and generally no disclosure is required. Drafting a will for a treating provider the firm calls as a witness does not create a disqualifying conflict, and the firm need not volunteer the relation…
I represent a client against an opponent while job-hunting at a nonprofit that counts the opponent's parent company as a dues-paying member. Is that a conflict of interest?
The panel concluded no. Because the opponent's parent company is merely a dues-paying member with no governance role in the prospective employer, and that organization is autonomous and even takes pos…
Can a law firm amend its retainer mid-case to secure unpaid fees with a confession of judgment and a mortgage?
Yes, if it complies with Rule 1.8(a). Securing accrued, fixed-amount fees by a confession of judgment and collateral mortgage during a pending matter is a business transaction with differing interests…
Can a judge look up facts about a case or the parties on the internet, like checking Google, Yelp, or social media?
No, not for disputed adjudicative facts. A judge may not independently research facts about a pending matter online under Model Code Rule 2.9(C); the judge may only use the evidence presented and fact…
When Kentucky law firms discuss a merger, or a lawyer moves laterally, what client information can be shared for a conflicts check without client consent?
Firms and lateral lawyers may exchange basic client information (names, current/former status, adverse parties, and if needed a brief description of the matter) to check conflicts, but not privileged …
If a lawyer cc's their own client on an email to opposing counsel, can the other lawyer 'reply all' to the client, and does cc'ing the client reveal confidential information?
No, cc'ing a client is not, by itself, consent for opposing counsel to 'reply all' to the client; doing so without consent violates Rule 4.2. And cc'ing the client does reveal information relating to …
If a New Hampshire lawyer agrees to be paid in a client's goods or services instead of cash, what does Rule 1.8 require?
A barter arrangement is a business transaction with the client, so the lawyer must comply with Rule 1.8(a), including fair written terms, advising the client in writing to seek independent counsel, an…
Can I represent a client in a deal with a company that is an affiliate of my former firm's client, when my prior work for that client was unrelated to the current deal?
The panel concluded yes. Even assuming the former client and its affiliate share substantial operations and interests, the current transaction is not the same as, or substantially related to, the matt…
Can a lawyer use an English translation of their own surname as the firm's name?
Under the rule the committee applied, no: a solo admitted under an actual surname could not use an English translation of that surname as the firm name, because it was a trade name and was misleading …
If an insurance company's staff attorney defends an insured, and the same insurer also insures the plaintiff and took a pre-suit statement from her, can the staff attorney keep defending the insured and use that statement?
Per the Committee, the staff attorney's duty runs only to the insured client (loyalty, zeal, and independent judgment); the attorney may use the plaintiff's statement, but if the representation reason…
When two law firms negotiating a merger agree not to solicit or hire each other's lawyers for a set period, does that no-poach clause violate Rule 5.6(a)?
No. A short, defined non-solicitation clause limited to employment with the one other firm imposes only a de minimis restriction on lawyer mobility, does not impair client choice, and is reasonable un…
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.