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.
May a lawyer draw a sale or lease contract at a real estate broker's request and be paid by the broker, where the lawyer represents neither party to the contract?
No. The opinion concluded the arrangement is improper and violates DR 5-107(B) and DR 3-101(A), the rules on third-party direction of a lawyer and aiding a nonlawyer in the unauthorized practice of la…
May a lawyer serve as legal advisor to a physicians' malpractice newsletter, be named as its advisor, write a regular column, and speak at its seminars?
In the abstract, yes. The opinion concluded the four proposed activities are permissible as public legal education under EC 2-2, but cautioned the lawyer must avoid self-laudatory conduct that would v…
May an attorney who is a county freeholder represent a private client appealing the county prosecutor's refusal to hire him as a county detective?
No. The opinion concluded it would be unethical, because the prosecutor acts on behalf of the county in hiring decisions, so a freeholder-attorney opposing that decision would be opposing another coun…
May a New Jersey firm use a firm name that includes a partner admitted only in another state, such as 'Smith and Jones' where Jones is admitted only in New York?
No. The opinion concluded that under DR 2-102(C) a firm name may not be used in New Jersey unless all those named are or were New Jersey bar members, so an announcement indicating the firm will be kno…
When a partner leaves a firm, can the firm require the client's written instruction before handing the client's file to the departing partner?
The opinion concluded that the continuing firm may require written instructions from the client before releasing a file to a withdrawing partner; absent a court order or the client's instructions, cus…
Can a lawyer who serves on a state criminal-investigation agency also defend criminal cases in private practice, even in another jurisdiction?
The opinion concluded that a member of a state investigation agency charged with enforcing the criminal laws may not defend criminal matters in private practice, even in another jurisdiction, because …
Is a lawyer who routinely fails to return a client's phone calls acting improperly?
The opinion concluded that consistently failing to respond to a client's telephone calls as a course of conduct is improper, because the client has a continuing right to reasonable access to counsel; …
Can a lawyer who once represented a corporation later sue its former president for stock-sale fraud on behalf of a stockholder?
The opinion concluded that a lawyer who formerly represented a corporation may not represent a stockholder suing the former president individually for stock-sale fraud unless the matter would require …
Can a Legal Aid Society advertise in a newspaper that free legal help is available to the indigent and list the kinds of cases it handles?
The opinion concluded that a Legal Aid Society may publish in a newspaper the availability of its services for the indigent and the categories of matters it handles, because the Code's advertising ban…
What work can a lawyer delegate to a law clerk who has filed a certificate of clerkship?
The opinion concluded that a law clerk who has filed a certificate of clerkship is a legal assistant subject to the same limits as other non-lawyer aides; work may be delegated only if the lawyer keep…
Can a part-time State Estate Tax Attorney also represent private clients in Surrogate's Court?
The opinion concluded that a State Estate Tax Attorney may represent private clients in Surrogate's Court only in non-tax matters, never in matters involving the State Department of Taxation and Finan…
May a New Jersey lawyer who moved to Florida and joined the Florida Bar publish an announcement in the New Jersey Law Journal that he now practices in Miami?
Yes. The opinion concluded the announcement, limited to publication in the New Jersey Law Journal, does not infringe the Disciplinary Rules; it is a proper formal announcement of a changed address and…
May an out-of-state attorney who is a vice president and full-time house counsel of a national bank in New Jersey use a legal title like 'Vice President and Counsel' on the bank's letterhead?
The opinion concluded the first three titles are permissible if the letterhead shows he is admitted only in another state and is a full-time bank employee; the name-plus-'Esquire' option should not be…
When a firm must withdraw from representing multiple parties because their interests have become adverse, may it still seek fees for the work it did before the conflict arose?
Yes. The opinion concluded the firm had to withdraw from all parties under DR 5-105(B), but may seek the reasonable value of services rendered before withdrawal, since the conflict over dividing any r…
What can a lawyer running for judge put in campaign material, and can he call himself a judge based on a judges'-association membership?
The opinion concluded that a judicial candidate may state, in a dignified way, relevant qualifications such as arbitrator experience, training, and organizational memberships, but may not call himself…
Can a lawyer take a contingent fee for handling a rate-increase application before an administrative agency?
The opinion concluded that, unless prohibited by statute or rule, a contingent fee for processing an administrative rate-increase application is not improper per se, provided it is reasonable, openly …
Can a former town justice later appear as town attorney in a matter he ruled on while he was the judge?
The opinion concluded that it is improper for a lawyer to accept employment as an advocate in any matter on whose merits he previously acted in a judicial capacity.
May an attorney charge interest on past-due fees for services rendered and on expenses advanced for the client?
Yes. The committee concluded that an attorney may ethically charge interest on overdue accounts for professional services rendered and on expenses advanced, as long as there is an agreement with the c…
Can a lawyer who teaches a public course accept a client who is a student in that course?
The opinion concluded a lawyer teaching a course in mobile home owners' law at a junior college may accept employment from a mobile home tenants' association to which one of his students belongs, beca…
Can a law firm partner also maintain a separate solo practice using his own letterhead at the firm's address?
The opinion concluded that a partner may also represent clients individually if there is a valid reason for the dual practice, clients understand the lawyer and not the firm represents them, and confu…
Can a lawyer serving on a volunteer county charter-revision committee also represent a union negotiating against that county?
The opinion concluded that a lawyer on a volunteer citizens' charter-revision committee may also represent a civil-service employees association in negotiations and litigation with the county, because…
Can a county attorney run his private practice from his courthouse office, and may he sit beside the judge at the bench during proceedings he prosecutes?
Yes to the shared courthouse office, no to the bench seat. The committee concluded a county attorney may use his courthouse office for both public and private practice if kept distinct, but may not si…
Can a law firm's letterhead name a partner as the 'supervising partner' of a branch office, along with the branch address and resident associate?
Yes. The committee concluded that a letterhead may identify the partner responsible for supervising a branch office, because DR 2-102 permits listing firm members and the designation only helps client…
Can an assistant county attorney who prosecutes in Quarterly Court also be a deputy sheriff or constable so he can make arrests himself?
No. The committee concluded that combining the prosecutor's role with peace-officer arrest powers, even unsalaried, would create an appearance of impropriety under Canon 9 and risk intimidating witnes…
Can a lawyer hire a part-time secretary who keeps working at an adversary law firm?
The opinion concluded that a lawyer may not employ a part-time secretary who continues to work at another law office with which he has periodic adversarial contact, because the foreseeable leak of cli…
Can a town attorney who advises the town assessor in his official capacity later represent the town in a dispute against the assessor?
The opinion concluded that a town attorney who has represented the town assessor only in his official capacity may represent the town in a proceeding by or against the assessor, provided no confidenti…
May a lawyer let a national magazine publish a letter he wrote about a trial he handled, where the letter's context identifies him as the lawyer in the case?
No. The committee concluded that even though the letter contained no confidences and the facts had already appeared in newspaper accounts, and even though no 'attorney' designation followed the writer…
Can a lawyer practice in a court where his brother is the judge?
The opinion concluded that a lawyer need not forgo practice in a court where his brother is a judge, absent a statutory prohibition or special circumstances; it is the judge, not the lawyer, who is no…
Does a client's new lawyer have to notify the former lawyer about a settlement?
The opinion concluded that, absent a statutory lien, a successor lawyer has no duty or right to notify the discharged predecessor of a settlement without the client's consent; the successor is not res…
Can a lawyer sign and mail collection demand letters that bank employees fill in without his supervision?
The opinion concluded that an attorney who regularly represents a bank may not sign and mail form collection letters completed in material part by bank employees who are not acting under the attorney'…
Can a law firm announce that it is the 'successor' to a lawyer who left practice to become a judge?
The opinion concluded that an announcement describing a firm as 'successor' to a lawyer who retired from practice to become a judge is improper: it is advertising barred by DR 2-101 and an indirect so…
Can a Florida lawyer take a cut of a title insurance fee for endorsing a title company's commitment without telling the client?
The opinion concluded a lawyer may not participate in an arrangement where a title company remits a substantial percentage of the title insurance fee to the lawyer for endorsing its commitment without…
Can a professional corporation's name include a former partner or an of-counsel lawyer?
The opinion concluded that a professional legal corporation's name may not include a former partner who continues to practice law elsewhere, nor a lawyer who was only 'of counsel' to the predecessor p…
Can a lawyer who volunteers as a small-claims arbitrator also practice before that same small-claims part?
The opinion concluded that an attorney who occasionally serves gratuitously as an arbitrator in a small claims part may also practice before that same part, provided he never acts in both capacities i…
Can a lawyer offer himself to a community group as a speaker on legal topics?
The opinion concluded that it is improper for a lawyer, on his own initiative, to contact a lay organization and offer his services as a public speaker on legal topics, because the inevitable effect i…
Can a lawyer defend criminal cases in the county where their spouse is a probation officer?
The opinion concluded that it is not improper per se for a lawyer to represent criminal defendants in the county where the lawyer's spouse is a probation officer before any probation report is needed,…
Can a lawyer hand a client's escrow-account checks to government investigators without the client's consent?
The opinion concluded that a lawyer should not turn over a client's escrow-account records to government investigators without the client's consent unless directed by a proper tribunal or required by …
Can a law clerk to a Supreme Court Justice also hold another part-time State government job?
The opinion concluded that, absent a controlling statute or court rule, a part-time law clerk to a Supreme Court Justice may simultaneously hold another part-time State position only if that work does…
May a law firm contact former criminal-defense clients to tell them about a new expungement law under which they might be eligible for relief?
Yes. The opinion concluded the communication is consistent with DR 2-104(A)(1), which lets a lawyer accept employment from a former client based on unsolicited advice when the advice is germane to the…
Will the New Jersey ethics committee say whether a lawyer may represent a CPA who wants to sell information about his employer's fraud, when that turns on unresolved trade-secret and criminal-law questions?
No. The opinion concluded the Committee cannot answer, because resolving the ethical question would require deciding substantive law (trade-secret and criminal liability), which is outside the Committ…
May an attorney bring a third-party forgery claim for his litigation clients against a bank he currently represents, and has represented, in unrelated matters?
No. The opinion concluded the attorney should ask the court to be relieved from the trial; neither dual written consent nor referring the third-party motion to another lawyer would cure the conflict a…
Can a firm split fees on referred cases with a terminally ill referring lawyer or that lawyer's estate?
The opinion concluded a law firm may divide fees for referred cases with a lawyer suffering from terminal illness, or with that lawyer's estate, in proportion to the services performed and responsibil…
Can a part-time city defender also defend private criminal clients?
The opinion concluded that an attorney serving as a part-time city defender may ethically defend private clients in criminal matters in state, county, and municipal courts in the absence of a statute,…
Can a police officer also practice law if he avoids all criminal matters and auto-accident personal injury cases?
Yes. The committee concluded a police officer may practice law in off-duty hours so long as he handles no criminal matter or automobile-accident case, and avoids any other area where his police duties…
Can a local bar association run a newspaper series discussing general legal topics for the public?
Yes. The committee concluded a bar association may publish dignified newspaper articles on general legal topics if they name no individual lawyer, aim to inform rather than drum up business, and inclu…
Can a lawyer form a partnership with a law student before the student is admitted and take capital contributions from the student for office expenses?
No. The committee concluded a lawyer may not form a partnership with, or share fees with, a not-yet-admitted law student, and may not accept the student's capital contributions, though the student may…
Can a board of aldermen's lawyer opine on a proposed code's constitutionality while privately representing tenants and landlords subject to the code?
Yes, with no required disclosure of client names. The committee concluded the lawyer may opine on the code's constitutionality because he is not acting as an advocate on its application to his clients…
Can an insurance-defense lawyer file an answer for the insured without first consulting the insured, where the insured will not cooperate?
Not unethical here. The committee concluded that filing an answer without first consulting an uncooperative, essentially nominal insured did not breach the competence standard of Canon 6 and DR 6-101(…
Who keeps a deceased solo lawyer's client files when another lawyer buys the office and library?
The opinion concluded it is improper to leave a deceased lawyer's client files with the lawyer who bought the firm's physical assets, and improper for that buyer to write the clients about the files; …
Can a law firm that represents the sheriff in civil matters also handle criminal defense work?
The opinion concluded a firm should not handle criminal defense while it represents the local sheriff in civil matters, citing the appearance of impropriety and a possible conflict of interest; this o…
May a lawyer accept employment to render a bond-validity opinion when a state agency requires every bidder, as a condition of bidding, to agree to hire that named lawyer and pay him a set fee?
No. The committee concluded that where a state agency requires all bidders, as a condition of their bid, to agree to employ a named attorney and pay him a specified fee for an opinion on the bonds' le…
May one attorney serve as counsel to both the planning board and the board of health in the same municipality?
Yes, generally. The opinion concluded a planning board attorney may also serve the local board of health, except where a particular situation presents a conflict or a clear potential for conflict is i…
May a New Jersey attorney handle a client's New Jersey litigation while working from the client's out-of-state office?
Yes. The opinion concluded it does not violate R. 1:21-1 where the attorney is domiciled in New Jersey or maintains a principal office here and uses his New Jersey office as his office of record.
May a lawyer accept a free, unsolicited listing in a 'professional directory' that is distributed only to a few affluent communities?
No. The opinion concluded the listing is improper because a directory limited to a few communities gives the chosen lawyers an undue advertising advantage over others, and the fact that the lawyer nei…
May the law partner of a municipal prosecutor serve as counsel to a nonprofit senior-housing development corporation whose board is appointed by the township?
Yes. The opinion concluded there is no conflict, because the inquirer would represent only the autonomous corporation and would not appear before municipal boards, and the corporation receives no muni…
Can a lawyer talk privately to a represented opposing plaintiff who is also a witness in a related criminal case?
The opinion concluded a lawyer defending a client in both a civil class action and a related criminal case may not confer with a person who is both a represented plaintiff in the class action and a st…
Does a lawyer have to withdraw when opposing counsel names the lawyer as a witness years into the case?
The opinion concluded the lawyer is not required to withdraw where he and his firm ought not be called as witnesses but are named by opposing counsel, especially after years of complex litigation and …
Can a former city attorney later represent a city employee against the city in a pension matter the attorney handled while in office?
No. The committee concluded that because the former city attorney had substantial responsibility for the employee's pension claim while representing the civil service commission, DR 9-101(B) bars him …
Can a lawyer give the administrator of a deceased client's estate a tape recording the lawyer made of the client's confidential discussion?
The opinion concluded that the lawyer could not. Under the confidentiality rule, it would be improper to disclose the contents of the tape recording of the deceased client's discussion, or to release,…
Can a law firm send its clients a private letter offering to match their charitable gifts to an educational institution?
The opinion concluded that it could. A law firm's private letter offering, with a limit, to match clients' gifts to an educational institution violated no provision of the Code of Professional Respons…
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.