Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try a different search term or clear the filters.
Can a lawyer's partners or associates represent a party to a real estate deal that earns the agency a commission when the lawyer's commission-paid wife works there but did not handle that deal?
Yes. The opinion concluded there was no conflict of interest where the attorney's wife, paid by commission, had no connection with the transaction and would receive no financial benefit from it, becau…
Can a law firm keep handling a case against the State after hiring the former deputy attorney general who had substantial responsibility for that same matter, if he works in a separate office?
No. The opinion concluded the firm could not continue to oppose the State, because the former deputy attorney general had substantial responsibility for the matter, his disqualification is imputed to …
Can a lawyer take collection suits referred by a commercial collection agency that handles the lawyer's retention and fees, where the agency is only the assignee of the creditors' claims?
Only on conditions. The opinion concluded that where the agency is merely the assignee, the creditor is the client, so the lawyer may be engaged only with the creditor's consent after full disclosure,…
Can a township's municipal attorney review and approve deeds and easements that a developer must deliver to the township as a condition of planning board subdivision approval?
Yes. The opinion concluded that a municipal attorney's review, revision, or preparation of a deed of easement to the municipality required by the planning board incident to subdivision approval is not…
Can a lawyer who helps a group set up a prepaid legal services plan then be hired by that group as its counsel under the plan?
It depends. The opinion concluded a lawyer may not solicit a group to organize a prepaid legal plan so that he can become its counsel, but may represent the organization if he is approached to formali…
Can a newly appointed magistrate or justice of the peace finish defending criminal cases he took on before taking the bench?
No. The committee held that a magistrate may not represent defendants in criminal cases in any court of criminal jurisdiction, so he may not complete a criminal defense begun before his appointment.
Can a prosecutor who handled a client's divorce also prosecute the other spouse for child nonsupport, or vice versa?
No to both. The committee held the power to prosecute for nonsupport is inherently coercive of the related divorce, regardless of motive, and the public-employee conflict rule bars later private work …
Can a lawyer be city attorney while a law partner represents the county planning and zoning commission?
Qualified yes. The committee saw no inherent conflict between a city and a county planning and zoning commission, but said its answer could differ if their interests became adverse in a particular cas…
Can a lawyer who has a victim's wrongful-death case also help the Commonwealth's attorney prosecute the murder without dropping the civil case?
Qualified yes. The committee allowed it where the lawyer merely assists and the Commonwealth's attorney keeps complete control of the prosecution, so the public role cannot be used to build or advanta…
Can a lawyer employed by an insurance company do estate planning and draft wills and trusts for the insurer's customers?
No. The committee held the insurer would be engaged in the unauthorized practice of law and the lawyer would be aiding it, because an insurer with a financial stake cannot give the customer the disint…
Can a lawyer who has done work for a bank for years, without a retainer, take a case against the bank in an unrelated matter?
Yes. The committee held that, absent a continuing retainer, prior representation in unrelated matters does not bar adverse employment, and the frequency or length of past work does not change that.
Can a law firm whose members sit on a lender's board do the title examinations the lender refers to it for purchaser-mortgagors?
Yes. The committee held the firm represents only the mortgagee, not the borrower, so passing the fee to the borrower is not improper solicitation and the firm members' board seats are irrelevant.
Can a former assistant prosecutor defend a criminal case that arose during his tenure if he never worked on it and had no access to confidential information?
Yes. The committee held the former-public-employee bar reaches only matters the lawyer actually worked on or supervised, and the confidence bar reaches only matters he had access to, neither of which …
Can a lawyer who drafted a deed defend a lawsuit seeking to set that conveyance aside?
Only if the case stays on legal issues. The committee said the lawyer may defend a suit raising only legal questions, but must decline or withdraw once contested factual issues arise on which he would…
Can a lawyer sue a manufacturer for an injured worker when the lawyer's firm represents the worker's employer, who may be impleaded as a third-party defendant?
The opinion concluded that the lawyer should generally decline, because the employer his firm already represents is likely to be impleaded as a third-party defendant; he may take the case only if impl…
Can a West Virginia lawyer accept credit cards for payment of legal fees and expenses?
Formal Opinion 76-4 concluded that an attorney's participation in a credit-card plan for legal fees and expenses is not improper if the plan meets seven conditions, including that the client may asser…
Can a firm represent a husband in a divorce when it represented his current wife in her earlier divorce from a previous spouse about five years before?
No. The opinion concluded the attorney should withdraw and represent neither party, because in the wife's earlier divorce the firm might have learned confidential information about her assets, inherit…
Can a New Jersey lawyer place a notice in the Law Journal or the Lawyers Diary and Manual advertising that he is available to act as a consultant to or associate with other attorneys in a particular field of law?
Yes. The opinion concluded it is not improper for a New Jersey lawyer to advertise his availability to act as a consultant to or associate with another attorney in a particular field of law by placing…
Can a collection-practice law office use a letterhead that drops any reference to being a law firm, and can it list a non-lawyer office administrator on the letterhead?
No. The opinion concluded that a letterhead omitting any reference to a law firm is misleading and prohibited, and that naming an office administrator, whether a lawyer or a layman, on the letterhead …
Can one lawyer represent two co-defendants on a criminal appeal when their interests conflict, if both waive the conflict?
The opinion concluded a single attorney may not continue to represent two co-defendants in a criminal appeal where vigorous representation of one would impugn the other's testimony and shift criminal …
Can a district attorney also serve on a bar association's attorney grievance committee?
The opinion concluded that a district attorney may not serve on a bar association grievance committee, because the statutory duty of confidentiality owed by a grievance-committee member is irreconcila…
Does leaving the Attorney General's office or another state agency bar a lawyer or law clerk from later working for a firm that is in litigation against the State?
No, not per se. The opinion concluded that the bar applies only where the person had substantial responsibility for the adversarial litigation while in public employment; if so, either the lawyer cann…
Is there a conflict of interest when a municipal attorney's spouse serves on the elected board of education of the same municipality?
No, not per se. The opinion concluded the marital relationship creates no inherent conflict, but the attorneys may have to withdraw when a matter arises involving both public bodies if the relationshi…
Can a county legislator defend criminal cases in the same county, and does it matter how the district attorney's office is funded?
The opinion concluded that a county legislator may not defend criminal cases in his county where the district attorney's office is funded through a 'line item' budget that fixes prosecutorial salaries…
Can a part-time county district attorney represent a private client suing the county for civil damages?
The opinion concluded that a part-time county prosecutor may not represent a private client in a civil damages action against the county, because the county is his client regardless of his criminal-on…
Can a former city councilman sue the city for false arrest over an arrest made during his term in office?
The opinion concluded that a former city councilman may represent a false-arrest plaintiff against the city, even for an arrest made during his term, unless he had substantial responsibility for that …
When a board member gives a board's attorney background information 'in confidence,' can the board later compel the attorney to hand that material over?
Yes. The opinion concluded that the privilege belongs to the board, the actual client, not the individual member; because the member consulted the attorney in his role as board counsel rather than as …
May a lawyer invest a client's funds held in trust or escrow in an interest-bearing account, and is the lawyer required to do so?
The opinion concluded a lawyer is not required to invest trust funds, but may place them in an interest-bearing account if DR 9-102 and R. 1:21-6 are met; any interest belongs to the client, who shoul…
Must a borough attorney report to the ethics committee that the mayor, a licensed but non-practicing lawyer, took unauthorized fees for performing marriages?
Yes. The opinion concluded that because the borough attorney learned of the conduct from a source other than the mayor, the information was not privileged, so DR 1-103 required reporting it to the app…
Can 'Of Counsel' describe a brand-new relationship with a firm, not just a former partner or associate?
The opinion concluded yes; the 'Of Counsel' designation may describe either a continuing relationship with a former partner or associate or a new relationship between a lawyer and another lawyer or fi…
Can a lawyer let a prepaid legal service plan list his name, services, and fees in a brochure to its members, and can he distribute or pay for that brochure?
The opinion concluded that a lawyer may permit a qualified legal assistance organization to identify him and state his services and fee schedule in communications to its members, but he may not himsel…
Can a lawyer who shares office space with a trial commissioner defend criminal cases in other courts in the same county?
Qualified yes. The lawyer may take criminal cases except those tried or examined before the office-sharing commissioner, or any case in which the legality of the commissioner's acts may foreseeably be…
Can a county attorney represent residents challenging a county contract that predates his taking office?
No. The committee held that the county is entitled to the county attorney's independent judgment about the contract, and his judgment for the county would be adversely affected if he represented resid…
Can a lawyer use a subpoena to force a witness into a recorded sworn interview without notifying opposing counsel?
No. The committee called the practice a bluff that misuses the subpoena power, since the civil rules do not authorize subpoenas for ex parte investigation.
Can a lawyer who was the subject of a dismissed bar complaint sue the complainant and attach the disciplinary complaint to the damages suit?
No. The committee concluded that suing a disciplinary complainant over a dismissed complaint is frivolous, and that filing the action violated the rule keeping disciplinary matters confidential.
Is it solicitation for a Florida lawyer to ask a title company to let him examine its title work for a fee?
The opinion concluded that a lawyer asking a title insurance company to let him examine its work product for a fee, to give his client added assurance of marketable title, is not solicitation where th…
Which public officers and their firms can accept assigned counsel work defending indigent criminal defendants under a county Article 18-B plan?
The opinion concluded that the plan's administrator, assistant district attorneys, county attorneys, county board members, probation officers, and their partners may not take Article 18-B assignments,…
What must a lawyer do who is asked to document a corporate merger involving an illegal unregistered securities issuance, when the lawyer is also an officer and house counsel of an affiliated company?
The committee concluded that it is improper for the attorney to continue representing the client in the illegal securities transaction; the attorney should try to persuade the officers that the action…
Can an attorney who sits on a municipal zoning board of adjustment represent a private client in a lawsuit against that same municipality?
No. The opinion concluded the representation was improper because the attorney was part of the municipality's official family, and suing it created a public appearance that adverse interests had commu…
Can a lawyer who helps run a lawyer referral service accept clients referred to him by that service, and can his firm?
The opinion concluded that a lawyer actively associated with the direction or administration of a lawyer referral service may not accept referrals from it, and neither may his partners or associates, …
Can a law firm represent a city in one matter while other lawyers in the firm represent private clients against the city in unrelated matters?
The opinion concluded a law firm specially retained to represent a municipality in a labor matter may take that engagement, and other lawyers in the firm may appear before municipal boards or against …
Can a lawyer in private practice list a public office, such as county judge, on the firm letterhead?
No. The committee answered that a lawyer may not reference a position as county judge or other public official on private-practice letterhead, resting on the earlier Opinion KBA E-84.
Can a lawyer who serves as a police officer and legal adviser to a county police department also defend criminal cases and handle car-accident matters in private practice?
No to criminal defense anywhere; the same bar that applies to prosecutors applies to the lawyer-officer and the firm. Car-accident cases are allowed only outside the department's territory and only un…
Can a part-time U.S. Magistrate represent local governments and agencies on a retainer when he could later have to disqualify himself?
Qualified yes. The committee concluded a part-time U.S. Magistrate may represent local governmental organizations and agencies in civil matters on a retainer, except in matters that may come before hi…
Can a county judge furnish probate and final-settlement forms to personal representatives, and can his clerks fill them out?
The committee concluded a county judge who is a lawyer may furnish blank form petitions and a settlement format, but neither he nor his lay clerks may prepare or help prepare the petitions and settlem…
Can a criminal-defense lawyer who has entered an appearance fail to prepare and move to withdraw on the day of trial because his fee was not paid?
No. The committee concluded that once the lawyers told the court they represented the defendant and rendered services, an attorney-client relationship existed; they could not skip trial preparation an…
Can a lawyer who occasionally sits as county judge pro tempore still defend criminal cases in the county's quarterly and circuit courts?
No bar in this case. The committee concluded that a lawyer who sits as county judge pro tem only about two weeks a year is not subject to the restrictions placed on a regular county judge, except that…
Can the law partners and associates of a part-time U.S. Magistrate defend criminal cases in state court?
Qualified yes. The committee concluded that a part-time U.S. Magistrate, and therefore his partners, associates, and employers, may defend criminal cases in state court, except where the facts indicat…
Can a prosecutor amend a criminal complaint up from a misdemeanor to a felony after the defendant pleads not guilty?
The opinion concluded that, on these facts, it is not ethically improper to amend a complaint up from a misdemeanor to a felony after the defendant declines to plead guilty, because the prosecutor nee…
Can attorneys participate in a third-party plan that finances clients' legal fees through a revolving credit arrangement?
The opinion concluded that attorneys may participate in a third-party plan financing clients' legal fees, finding no ethically objectionable features where the client is given the option to pay other …
Can a lawyer who investigated a claim for a former client later represent a claimant against a co-surety, when a contribution claim might reach the former client?
The opinion concluded that it would be improper. A lawyer who investigated a bond claim for a former client cannot later represent the claimant against the co-surety in the same matter, even where no …
Can a law firm or legal-service corporation practice under a trade name like 'City Legal Clinic'?
The opinion concluded that it would be improper to use the name 'City Legal Clinic' for either a law partnership or a legal-service corporation, because it is a trade name that misleads the public abo…
Can a lawyer who serves as a state legislator represent clients for compensation before a state agency the legislature funds and oversees?
The opinion concluded that an attorney-legislator should be prohibited from representing clients for compensation before a state agency over which the legislature exercises appointment, removal, and b…
Can a part-time city or village attorney take private criminal defense cases in the same county where the district attorney prosecutes?
The opinion concluded that it generally is not improper. A part-time municipal attorney who handles only traffic and ordinance matters for the city may defend private clients on criminal or state moto…
Can the law partners of a part-time assistant district attorney defend private criminal clients if there is full disclosure and consent?
The opinion concluded that they cannot. A part-time assistant district attorney may do no criminal defense work, and that disqualification extends to the partners and associates of the firm, even with…
Can a law firm or professional corporation use 'and Company' or '& Co.' in its name?
The opinion concluded that a law firm may not use 'and Company' or '& Co.' in its corporate name. The committee found the term too allied with business or industrial purposes, a substantial departure …
Can a lawyer use a paralegal for criminal investigative work, including interviewing prisoners outside normal business hours?
LEI 76-7 concluded a lawyer may delegate non-ministerial tasks such as factual investigation, legal research, and document preparation to paralegals and other nonlawyer staff, provided the lawyer keep…
After a lawyer is elected prosecuting attorney, can his office associates or partners defend criminal cases in adjacent counties or in federal court?
Formal Opinion 76-3 concluded that, once the inquirer became prosecuting attorney, his office associates or partners (whether or not technically partners) could not represent criminal defendants in an…
Can a lawyer who has left practice to sell insurance put 'Attorney at Law,' 'Former Practicing Attorney,' or bar membership on an insurance business card?
LEI 76-2 concluded that identifying oneself as a lawyer on an insurance company business card is proscribed by DR 2-102(E); because the inquirer was not licensed in West Virginia, calling himself an '…
Can a lawyer who is also a licensed real estate broker run the real estate business out of the law office and put both on the office sign?
LEI 76-1 concluded an office sign showing both 'Attorney at Law' and the lawyer's name as a real estate broker was improper, because it advertised the real estate business conducted from the law offic…
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.