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 draft a long-time client's will and trust that names the lawyer's own firm as executor, co-trustee, and counsel for the estate?
The opinion concluded that, on these facts, the lawyer could. Where a client, because of the lawyer's exceptional familiarity with his business and family, asks the lawyer to draft the instruments and…
Can a lawyer who serves as a city council member or county supervisor represent private clients in suits involving the city or county?
The opinion concluded that it depends on the matter. A supervisor may not represent a private party in a claim against his own county; a council member's defense of an ordinance he had substantial res…
If someone writes to the estate's lawyer announcing a claim against the estate, does the lawyer have to tell them to get counsel before the filing deadline passes?
The opinion concluded that the lawyer had a duty to advise the unrepresented claimant promptly that he had a possible claim and should seek other counsel or contact the register in probate to perfect …
Can a law firm put a paralegal or legal assistant's name on its letterhead, and can paralegals carry firm business cards?
The opinion concluded that, under the rule as it then stood, paralegals' names could not appear on the firm letterhead, but legal assistants could use a business card identifying the firm and their ca…
Can a voluntary county bar association require every lawyer in the county to accept rotating indigent appointments or pay a fee for declining?
The opinion concluded that a voluntary county bar may require its own members to participate as a condition of membership and may invite non-members voluntarily, using reasonable rules including a tak…
When a police department's in-house legal advisor counsels an individual officer, is that officer a client, and can the advisor report the officer's confidences to the chief?
The opinion concluded that the advisor's attorney-client relationship is with the police chief, not the individual officers. Counseling officers risks a serious conflict, so officers must be warned th…
Can legal aid staff lawyers represent indigent co-defendants in the same case, and can the legal aid board order them to withdraw?
The opinion concluded that staff attorneys are neither forbidden to accept nor automatically required to withdraw from representing indigent co-defendants; each attorney must judge whether a specific …
Can a district attorney who is salaried as a full-time prosecutor (one not permitted to practice privately) also take private legal clients?
The opinion concluded that the answer turns on the statute. A district attorney paid under the provision for prosecutors not permitted to practice privately owes the county all of his professional tim…
Can a lawyer who over-collected on one client's judgment apply the excess held in trust to another client's claim against the same debtor when the debtor objects?
The opinion concluded that the lawyer could not. Applying about $200 over-collected from a judgment debtor to a second creditor-client's claim, over the debtor's strong objection, would be improper an…
Can a lawyer accept credit cards for legal fees and charge interest on overdue client accounts?
The opinion concluded that both are permitted within limits. Adopting ABA Formal Opinion 338, the committee said lawyers may accept credit cards for legal fees and charge interest on delinquent accoun…
Can a non-profit legal services organization run a bail fund for indigent criminal clients, administered by its staff lawyers?
The opinion concluded that it cannot. The committee found it improper and unethical for a non-profit legal services corporation to maintain a bail fund for the indigent criminally accused administered…
What kinds of exterior office signs may a Texas lawyer use, and are free-standing, rooftop, awning, or window signs allowed?
The Committee concluded that a free-standing sign, a sign extending above the roofline, an awning or canopy sign, and a window sign not on or near the office door all violate the Code, because DR 2-10…
Can a Texas lawyer answer an IRS letter asking about a former client's settled personal-injury case when the lawyer cannot reach the client for instructions?
The Committee concluded that the lawyer must decline the IRS request because the ethical duty to preserve a former client's confidences and secrets is broader than the evidentiary privilege; the lawye…
Can a Texas lawyer post signs or placards in the office or waiting room listing the types of cases the lawyer handles?
The Committee concluded that posting small signs or placards in the office or waiting room that tell readers the types of cases the lawyer handles is unethical solicitation, because such signs reach a…
Can a lawyer who serves as a city's mayor or council member practice in the municipal court or represent clients against the city or its police, and does the bar apply to the lawyer's partners?
The Committee concluded that a lawyer who is a mayor or city council member generally may not practice in the city's municipal court or represent interests adverse to the city or to its police officer…
Can a non-lawyer legal assistant write and sign a debt-collection letter on the law firm's letterhead for the firm's client?
The Committee concluded that a supervised legal assistant may write a letter on the firm's letterhead to collect a client's debt, so long as the assistant is supervised by the lawyer and signs with th…
Can a lawyer send an unrepresented debtor a collection letter that spells out, step by step, the legal consequences of not paying?
The Committee concluded that a collection letter to an unrepresented opposing party that sets out in extensive detail the legal results of non-payment violates DR 7-104(A)(2); a lawyer may write the u…
If a California lawyer or legal aid office holds client funds in trust but cannot locate the clients, can the lawyer move that money into the firm's general account?
The committee concluded the transfer would be improper. Former Rule 8-101 required client funds to stay in an identifiable trust account with no commingling and recognized no exception for unclaimed f…
Can a California lawyer defend a subordinate in a criminal case when the boss pays the fee on the condition that the subordinate not cooperate with the prosecution?
The committee concluded the representation may not properly be undertaken under those facts. Even with the subordinate's informed written consent, the lawyer could not honestly assure the client that …
Can California lawyers agree, when their partnership dissolves, that a former partner who later probates a named client's will must split the fee with the other former partners or their heirs?
The committee concluded the arrangement is improper. It violates former Rule 2-108 because the retired or separated partner performs no services and assumes no responsibility on the matter, and former…
In a personal injury case, can defense counsel talk to the plaintiff's treating physician without the plaintiff's lawyer's consent?
The committee concluded that, because the physician is not a party, defense counsel's communication with the plaintiff's treating physician about matters as to which the physician-patient privilege ha…
Can a lawyer tip off a general-circulation newspaper about a change of address, new firm affiliation, or promotion so it gets printed in the business section?
The committee concluded that it is improper for a member of the State Bar to advise a nonlegal newspaper of changes in the attorney's address, professional affiliation, or status, even when the public…
Can an interstate law firm use its out-of-state firm name at its Florida office?
The opinion concluded that an interstate partnership with a Florida office may use its firm name in Florida even though none of the lawyers named in the firm name are admitted in Florida, but the lett…
May a lawyer retained by a law enforcement officers' association also privately represent an individual officer-member in a proceeding involving the association's other members?
The opinion concluded that such representation is permissible in general, but cannot be given blanket approval because conflicts can arise, most clearly where the officers' organization is the real co…
May a lawyer who formerly served a public body represent private clients before that same body, and should a special rule bar all such appearances?
The Committee concluded that existing standards already bar a former public lawyer only from matters in which he had substantial responsibility while employed, and that no new blanket rule prohibiting…
May a lawyer charge a client interest on a past-due fee, for example by printing a notice that interest accrues on accounts unpaid more than thirty days?
The opinion concluded it is improper to demand interest on delinquent accounts, but a lawyer may agree with the client in advance to charge interest within legal limits, or accept a client's note bear…
Can a lawyer talk to reporters about a client's transaction when much of the information is already in public records?
The opinion concluded the lawyer may not disclose information furnished by the client or held in the lawyer's files without the client's consent; the lawyer may only tell reporters that certain inform…
May an individual attorney form a professional corporation that then becomes a partner in the law partnership in which the attorney was formerly a partner?
Yes. The committee concluded that a professional corporation organized to render legal services under the Oklahoma Professional Corporation Act is not a 'non-lawyer' within DR 3-101, 3-102, or 3-103, …
Can a county attorney's law partner defend criminal cases in other counties, and can the county attorney defend criminal cases in an adjoining state?
No to both. The committee concluded that a county attorney's partner may not defend criminal cases in other Kentucky counties, and the county attorney himself may not appear as criminal defense counse…
May a lawyer who serves on a municipal advisory board represent private clients before other city agencies and courts?
The opinion concluded that, absent a statute or ordinance prohibiting it, the lawyer may represent private clients before other municipal agencies and courts, provided the client's matter has no relat…
May a lawyer continue representing landowners after a landowners' association, without his knowledge, recommended his employment?
The opinion concluded there was no impropriety in the lawyer continuing the representation, because he did not authorize, consent to, or know about the association's recommendation and instructed it t…
May a lawyer file an affidavit in the county public records stating that former clients failed to pay attorney's fees?
The opinion concluded that a lawyer may not file such an affidavit in the public records, even one that disclaims any lien and any intent to sue, because its purpose was to shame the former clients in…
May a lawyer employ as an associate a referee of the Court of Criminal Appeals, or appear before city bodies when an officemate is the city's assistant city manager?
No to both. A referee of the Oklahoma Court of Criminal Appeals is barred by statute (20 O.S.1971, § 50) and by the Code of Judicial Conduct from practicing law, so a lawyer may not associate with him…
May a lawyer who represents a municipality's board of fire commissioners appear before that town's municipal court for a private client in an unrelated matter?
Yes. The opinion concluded that a fire district is an autonomous body rather than an adjunct of the municipality, so its attorney is not subject to the practice limitations that bar municipal attorney…
Can a lawyer insist on a contingent fee in a personal-injury case when the client could afford to pay an hourly rate?
The opinion concluded that, while a lawyer generally should decline a contingent fee from a client able to pay a reasonable fixed fee, it is not necessarily improper to propose one; the lawyer must ex…
May a lawyer help arrange a loan at an interest rate that would be criminal usury at home by having the documents signed in another state to invoke its more permissive law?
No. The opinion concluded the lawyer may not participate, because the loan would be criminal loan sharking in New Jersey and assisting it could make the lawyer and clients aiders and abettors; signing…
May a lawyer practice criminal defense in the same state where her spouse serves as a deputy attorney general prosecuting criminal appeals?
No. The opinion concluded she should not practice criminal defense in New Jersey while her husband is a deputy attorney general in the Division of Criminal Justice, because the situation presents an a…
Can a Kentucky county attorney represent private clients before the Workers' Compensation Board?
Yes. The committee, on review, concluded that a county attorney commits no conflict of interest by presenting private claims before the Workmen's Compensation Board merely because a statute might some…
May a lawyer delegate to nonlawyer staff the handling of negotiations with insurance adjusters on the lawyer's clients' claims?
The opinion concluded that lawyers may not delegate to lay persons the handling of negotiations with insurance company adjusters, because such negotiation requires the lawyer's professional judgment a…
May a lawyer who is also a title insurance company agent solicit and write title insurance on property purchased by the lawyer's client or on which the lawyer rendered a title opinion?
The committee concluded that a lawyer may serve as a title insurance company's soliciting or issuing agent while practicing law, provided the second business is conducted under the Code's standards (n…
Can a lawyer who represented petitioners in an incompetency proceeding later serve as committee for the person found incompetent if everyone consents?
Yes. The committee concluded that, with informed consent of all interested parties and where the lawyer can adequately represent every interest, he may accept the committee appointment, because protec…
Can one law partner serve as juvenile court trial commissioner while the other partner serves as Commonwealth attorney in the same county?
No. The committee concluded that the two offices of juvenile trial commissioner and Commonwealth attorney should not be held by members of the same firm, because the partnership would create an appear…
Can a lawyer take a fee to run a university student-government legal advising service that only gives advice?
Qualified yes. The committee concluded a lawyer may direct such a group legal-advice service if it is operated strictly under RCA 3.475 and DR 2-103(D): the student government may not profit or contro…
May a municipal prosecutor be politically active in a neighboring municipality and elsewhere in the county where he serves?
Yes. The opinion concluded there was nothing unethical in the proposed political activity, since the rules barring political activity reach the judicial branch rather than municipal prosecutors, and t…
Can a lawyer who is guardian for an incompetent ward also examine the title for the buyer and lender when the ward's land is sold?
The opinion concluded that the lawyer-guardian should decline to examine the title for the purchaser and lending institution, because the ward (the real party in interest) cannot give meaningful conse…
May a law firm professional association include nonshareholder attorneys' names in its name, and may a lawyer practice under a nickname?
The opinion concluded that a professional service corporation may not include the names of nonshareholder attorneys in its name, that it may practice under a name identical to its corporate name with …
Does the interstate-partnership rule let an out-of-state firm open a Florida branch office to serve its out-of-state clients?
The opinion concluded that the interstate-partnership concept does not cover branch offices of an out-of-state firm designed primarily to serve out-of-state clients who spend time in Florida; a true i…
Can a public defender share an office with a trial commissioner from a different county if his duties never take him before that commissioner?
Yes. The committee concluded the office-sharing arrangement is proper because the public defender's duties would not require him to appear before the commissioner, so no inference of improper influenc…
Can a plaintiff's lawyer send the defendant's insurance carrier a copy of a demand letter addressed to the defendant's attorney?
No. The committee concluded that copying the demand letter to the carrier in order to bypass the defendant's attorney is a prohibited communication with a represented party under DR 7-104, and insuran…
Can an attorney who serves as a criminal trial commissioner share office space with an assistant county attorney who prosecutes in the same court?
No. The committee concluded the office-sharing arrangement is improper because a judge must avoid even the appearance of impropriety, and the public could not maintain faith in an impartial judiciary …
Could a Minnesota city or municipal attorney defend criminal cases?
The opinion, since repealed, concluded a municipal attorney could not defend a criminal case arising within the city served, and could defend cases elsewhere only if doing so created no conflict and d…
Can a firm take a matter adverse to a former client of a lawyer who once shared offices under the firm name, and can a lawyer-witness's partner serve as advocate where the firm's testimony is essential?
On Inquiry 1, no: a lawyer who held himself out under the firm's name (cards, stationery, pleadings) is treated as an associate, so the former client is treated as the firm's client, and the firm shou…
May a part-time municipal judge who also keeps a private practice represent a client trying to get a platted street in that same municipality vacated?
No. The committee concluded that because the public at large of the municipality occupies a position at least equivalent to a client of the municipal judge, and the city may oppose vacating a street, …
May a lawyer sue a hospital when a member of the lawyer's firm sits on the hospital district's commission?
The opinion concluded that it is improper for a lawyer to represent a client suing a hospital when a member of the lawyer's firm is a member of the commission for the hospital district in which the de…
Should a lawyer assert the lawyer-client privilege in a supplemental proceeding after an unsatisfied judgment?
The committee declined to issue an advisory opinion, because the inquiry did not relate to the inquiring lawyer's own conduct; whether the privilege should be asserted is for the affected lawyer and h…
Do the rules on contacting petit jurors also apply to contacting grand jurors?
The committee concluded that the same ethical considerations governing a lawyer's communication or contact with petit jurors before, during, and after trial apply to communication or contact with gran…
Can a lawyer own stock in a corporation formed to sell legal-fee insurance policies?
The opinion concluded that, absent a statutory prohibition, a majority of the committee saw nothing per se unethical in a lawyer merely owning stock in a corporation formed to sell legal-fee insurance…
Can a court-appointed criminal defense lawyer later represent the same client in a civil suit against the government arising from the same events?
The opinion concluded that court-appointed criminal counsel may represent the same client in a later civil action against the government or a public officer based on the same matter, and that the lawy…
May a lawyer take a retainer from a for-profit corporation that signs up dues-paying tenants and furnishes them the lawyer's services at no separate fee?
No. The opinion concluded the arrangement was clearly improper, referring the inquirer to DR 2-103(D), which barred a lawyer from furnishing legal services to subscribers through such a for-profit int…
What may a lawyer say in an announcement sent to other lawyers offering his availability as a consultant in a specialized field, and may he list an earned degree?
The opinion concluded the announcement may state availability to consult in planning and zoning, but may not use non-branch labels like environmental or housing, may not note an earned degree (New Jer…
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.