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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May a lawyer sue a defendant in one case while representing that defendant's spouse in an unrelated pending matter?
No. The opinion concluded the lawyer should withdraw from suing the wife in the slander action while representing her husband in a pending workers' compensation case, because the appearance of conflic…
If a lawyer represents a town-created nonprofit housing association whose trustees are appointed by the mayor and council, may he also appear for private clients before that town's boards?
No, not both. The opinion concluded that counsel for such an association must choose between representing the agency, which precludes the lawyer and his firm from appearing before the town's bodies, o…
Can an out-of-state lawyer who refers a case collect a referral fee based on a percentage of the receiving lawyer's fee when the receiving lawyer does all the work?
The opinion concluded that, under DR 2-107(A)(2), a lawyer may divide a fee with a lawyer in another firm only in proportion to the services performed and responsibility assumed by each. A fee for mer…
Is a settlement agreement between a plaintiff and one of two co-defendants that realigns the parties' interests ethical, and must it be disclosed?
The opinion concluded that such an agreement is not maintenance or champerty and is not unethical, so long as it is disclosed to the court and all parties when the agreement is made. Because the agree…
May one attorney represent both the husband and the wife in a divorce where the pleadings put them in an adversary position?
No. The committee concluded that an attorney who filed the divorce petition for the plaintiff-wife became disqualified from also representing the defendant-husband and filing a responsive pleading in …
Must a Minnesota lawyer who agreed to arbitrate a fee dispute honor the arbitration award?
Yes, under this now-repealed opinion: a lawyer who signed an agreement to arbitrate a fee dispute committed professional misconduct by refusing to honor and carry out the final arbitration decision.
What should a lawyer do when there is good reason to doubt a litigation client's mental competency?
The opinion concluded that a lawyer with good reason to doubt a client's competency must tell the client and ask permission to seek a judicial competency determination; if the client refuses, the lawy…
When a lawyer joins a new firm, may that firm keep representing clients adverse to clients of the lawyer's old firm?
The committee concluded it is not improper for the firm to continue the adverse representation, so long as the new partner did not personally represent the adverse clients at the former firm and all c…
May a lawyer show earned law degrees (J.D., LL.M., S.J.D.) on letterhead and use the title 'Doctor'?
Yes. Superseding its earlier Opinion 247, the committee concluded that under DR 2-102(F) a lawyer may show earned law degrees (LL.B., J.D., LL.M., S.J.D.) on his letterhead, card, office sign, and sig…
Can a law firm's paralegal prepare real estate documents, attend closings alone, and use a 'Legal Assistant' title on cards and stationery?
The opinion concluded that a paralegal may prepare real estate documents under an attorney's supervision and full responsibility, but may not attend closings without an attorney present, and at the ti…
What are a lawyer's duties when representing 'heir-finders' whose business may be unlawful, and can the lawyer keep representing them?
The opinion concluded that a lawyer who believes heir-finding by laymen is unlawful must tell the client so, but may continue the representation as long as the lawyer does not knowingly assist illegal…
Can a law firm have employees who are admitted in another state but not Florida take depositions for the firm?
The opinion concluded that law-firm employees not admitted in Florida may not take depositions for the firm or do any work that constitutes the practice of law, even if they are law-school graduates a…
Can a lawyer take a creditor's collection suit through a collection agency the creditor authorized to hire counsel on its behalf?
Yes. The committee concluded a lawyer may be retained through a collection agency the creditor authorized to employ counsel, provided there is no fee division with the agency and the agency does not c…
Can a Kentucky lawyer form an interstate law partnership, and can he list an out-of-state lawyer as an associate when their deal is really just fee-split referrals?
A true interstate partnership is fine if the letterhead discloses each lawyer's jurisdictional limits, but a referral-and-fee-split arrangement dressed up as a partnership, or listing the out-of-state…
Can a lawyer run an announcement in a legal journal offering to act as a consultant or associate to other lawyers in a particular field?
Yes. The committee concluded a lawyer may publish a dignified announcement of availability as a consultant or associate to other lawyers in a particular branch of law, so long as it follows DR 2-105(A…
Can a lawyer take a retainer from a company that sells creditors a package of computerized collection letters bearing his pre-printed signature?
No. The committee concluded the arrangement is indirect solicitation, places a lay intermediary between the lawyer and the creditors he serves, and risks improper fee division with a layman, so the la…
Can a lawyer own, manage, or serve as counsel for a corporation that solicits professional athletes and negotiates their contracts?
Mostly no. The committee concluded a lawyer may not manage, serve as counsel for, or do athlete work through a corporation that solicits athletes for representation, because that is solicitation of pr…
Can a county attorney also represent a city in the same county on a contract basis?
Yes. The committee concluded a county attorney may represent a city in the same county on a contract basis, because such representation does not necessarily impair his independent judgment for the cou…
Can a lawyer who is elected magistrate stay with his law firm and keep his name on the firm's stationery?
Yes. The committee concluded a lawyer elected magistrate may continue practicing with the firm and keep his name on the stationery, so long as it makes no reference to his elective office; but neither…
Can a Kentucky lawyer keep a branch office in another county, and what makes it a bona fide office?
Yes. The committee concluded a lawyer may maintain a branch office in another county if it is a bona fide office open during specified hours with qualified personnel present to take calls and make app…
Can a lawyer in private practice list a public office he holds on his private-practice letterhead?
No. The committee concluded that DR 2-102(A)(4) limits what an attorney may put on his private-practice letterhead, and a reference to a public position, legal or otherwise, is not among the permitted…
After a partner is disbarred, may his firm keep his name in the firm name because his wife remains a partner, represent him and his businesses, and take clients he sends them?
The opinion concluded the firm may keep the wife as a partner and may represent the disbarred lawyer and his businesses with safeguards, may keep his surname only if it does not mislead the public, bu…
May a lawyer who is also a CPA display both certificates in his office, list under both yellow-pages headings, and sign tax returns 'CPA'?
Yes to all three. The committee concluded a lawyer-CPA may display his bar and CPA certificates in his private office, list under both yellow-pages headings (with no cross-reference and neither listin…
May a lawyer who is the target of a grand jury investigation represent the former employees and clients subpoenaed as witnesses against him, recommend their counsel, or pay that counsel's fee?
No. The opinion concluded the lawyer's personal interest bars him from representing the witnesses, that their consent cannot cure it, and that he may give only a bare recommendation to retain counsel,…
When a client fires a lawyer and hires a new one, must the discharged lawyer turn over the entire file, including his own work product?
The opinion concluded that a discharged or withdrawing lawyer must deliver the papers and property to which the client is entitled, and generally anything helpful to the new lawyer, but need not turn …
Can a plaintiff's lawyer interview a rank-and-file employee of the adverse corporation before calling that employee as a witness?
The opinion concluded that the lawyer may interview the employee, even if not subpoenaed, because interviewing a rank-and-file employee of an adverse corporate party is not communicating with an adver…
If a lawyer's office associate becomes a part-time municipal legal assistant, may the lawyer still finish a workers' compensation claim his office is pursuing against that municipality, even with the city's consent?
No. The opinion concluded the lawyer must withdraw, because his associate's municipal position is imputed to the whole office under DR 5-105(D), and the public interest in the matter means the city's …
Can lawyers who take over a deceased attorney's practice keep her name in the firm name if they were never her partners?
No. The committee concluded that a firm may keep a deceased lawyer's name only in a continuing line of succession from a true partnership; lawyers who merely succeed to the practice without ever havin…
Can a lawyer who is also a licensed insurance agent and a criminal trial commissioner execute surety bonds as attorney-in-fact for the insurer?
It depends on the case. The committee concluded the lawyer may not execute bonds for parties he represents or for parties appearing before him as trial commissioner, but may do so for parties he does …
Can a city attorney represent a landowner against the city's urban renewal commission in a condemnation case?
Yes. The committee concluded a city attorney may represent a landowner against the urban renewal commission because the commission is a separate corporation with its own counsel that the city attorney…
Can a lawyer who wins a case invite the jurors to a celebratory party, or encourage the client to do so?
The opinion concluded that the lawyer should not participate in any such celebration and should actively counsel against inviting the jury, because post-trial contact with jurors and the appearance th…
Can lawyers (here, law professors) operate a for-profit legal research service for other attorneys and announce it by mail and bar-journal advertising?
The opinion concluded that the service could be operated with ethical propriety if proper safeguards were observed. A lawyer may announce availability to serve other lawyers in a branch of law, but th…
Can a Massachusetts lawyer publish a notice of availability as a consultant or specialist to other lawyers, and in which publications and how often?
The committee concluded that a lawyer could publish a dignified notice of availability to serve as a consultant or associate in a particular branch of law, without claiming special competence, in publ…
Is a Minnesota lawyer personally responsible for paying experts the lawyer hires for a client?
Under this now-repealed opinion, yes: a lawyer who ordered services from doctors, engineers, accountants, other lawyers, or others committed misconduct by denying responsibility for payment unless the…
Can attorneys who own an office building give it a name like "Justice Plaza" that signals lawyers practice inside?
The Committee concluded that attorney-owners may not name their building "Justice Plaza," because a name implying that the occupants are lawyers is commercial publicity and a form of indirect solicita…
When the SEC subpoenas a lawyer to testify about a former client's affairs, must the lawyer still protect that former client's confidences and secrets?
The Committee concluded that a lawyer owes a continuing duty to preserve a former client's confidences and secrets in an SEC investigation, and may be released from it only as DR 4-101(C) or DR 7-102(…
Can a lawyer rent office space from a bank under a lease whose rent is a percentage of the lawyer's fees or net profits?
The Committee concluded that a lease paying a nonlawyer landlord rent measured by a percentage of the lawyer's gross fees or net profits violates DR 3-102, and that referral and conference-room featur…
Can a lawyer defending a class action mail copies of the complaint to others who might be affected and then take them on as clients?
The Committee concluded that distributing the complaint and accepting employment from those affected would violate EC 2-4 and DR 2-104(A)(1) and (A)(5), but that the lawyer could instead notify them t…
Can a law firm keep a deceased partner's name in the firm name or list it on the letterhead, and how should it show that the partner has died?
The Committee concluded that a firm may keep a deceased partner's name in the firm name and on its letterhead, with a suitable indication that the partner is deceased, as long as the use is not decept…
Can a lawyer take a judgment for unpaid fees against his own client in the very case the lawyer is handling, and then enforce it?
The Committee concluded that a lawyer may not ethically use a judgment for his fee against his client to collect that fee in the same litigation in which he represents the client, and that vigorous en…
Can a lawyer agree to draft the documents for customers a lay "estate planning" company regularly refers, where the planner recommends the lawyer?
The Committee concluded that a lawyer's regular, systematic participation in a lay estate-planning referral scheme is unethical solicitation through a lay intermediary, threatens the lawyer's independ…
Can a lawyer send Christmas cards imprinted with the law-office name or "Attorney at Law" to clients or the public, or only to other lawyers?
The Committee concluded that a lawyer may not send Christmas cards imprinted with a law-office signature to clients or the general public, because that is public communication calculated to attract la…
Can lawyers run or take referrals from a lawyer referral service operated by a small association of lawyers rather than the general bar?
The Committee concluded that a lawyer may not participate in a lawyer referral service unless it is operated, sponsored, or approved by a bar association representative of the general bar of its geogr…
Can a local bar association publish a member roster that lists the field of law each member concentrates in, even if the member is not a certified specialist?
The Committee concluded that a local bar association representative of the general bar may publish a roster indicating each member's field of interest, provided it is distributed only to bar members o…
Can a lawyer or district attorney hold a press conference after a trial to call the judge's actions unethical, illegal, and grounds for reversible error?
The Committee concluded that criticizing a trial judge at a post-trial press conference does not violate any Disciplinary Rule, because DR 8-102(B) bars only knowingly false accusations, though such s…
Can a lawyer represent his own law partner in a lawsuit when that partner will testify as a party-witness?
The Committee concluded that it is not improper for a lawyer to represent his law partner or associate in a suit where the partner is a party and will testify, but only because the partner is a party-…
Must a defense firm withdraw from a criminal case when a former assistant district attorney who prosecuted the case joins the firm, even if he agrees not to work on it?
The Committee concluded that the defense attorney should not continue representing the accused after a former assistant district attorney who participated extensively in the prosecution joins the firm…
Can a Texas lawyer hold a financial interest in a bail bond business that someone else operates?
The Committee concluded that it is not improper for a lawyer to hold a financial interest in a bail bond business if the lawyer does not participate in operating it and does not accept employment from…
May a former assistant prosecutor defend an accused in a criminal matter that was under investigation, by a state commission, within his old office's jurisdiction during his tenure, even if he never touched the file?
No. The opinion concluded the representation was improper, because the public would see a matter investigated within his former office's jurisdiction during his tenure, and his lack of personal involv…
May a firm represent a husband in a divorce when it previously represented the wife and the couple together in personal injury and business matters, and the wife objects?
No. The opinion concluded the firm should not represent the husband, following earlier opinions that precluded a firm from representing one spouse in a matrimonial matter after representing both, even…
May a lawyer for an asset-search business alert the owners of unclaimed funds and sign them to contingency contracts that pay the business a percentage of any recovery?
No. The opinion concluded the proposed conduct would breach DR 2-103, treating it as improper solicitation of employment from the owners of unclaimed funds, like searching for unknown heirs and solici…
May a lawyer pay a forwarding attorney his share of a fee for cases he referred, when the forwarding attorney was suspended from practice while the cases were pending?
The opinion concluded that a lawyer may divide a fee only where there was a division of service or responsibility, and that a forwarder's later suspension does not bar his share for work done before s…
When the county must provide a jail guard a defense to a criminal complaint, may the county counsel handle that defense, or must outside counsel be retained?
Outside counsel. The opinion concluded the county counsel and his assistants may not appear for the jail guard in a criminal proceeding, so an outside attorney should be engaged.
May a lawyer who belongs to a lawyer-pilots association display the association's decal on the door of his airplane?
No. The opinion concluded that identifying his plane with his profession, even without his name on the decal, is indirect advertising of his profession and was not permitted under the Disciplinary Rul…
May the attorneys for a nonprofit association that runs an unemployment-compensation reserve fund represent the association's member institutions in contesting former employees' unemployment claims?
Yes. The opinion concluded the arrangement met the standards of DR 2-103(D), because the member-employer is the client, the member is free to use other counsel, and neither the fund nor the nonprofit …
Can a former municipal judge let his telephone answering service answer the phone as 'Judge X's office'?
The opinion concluded that a former municipal judge may not permit his telephone answering service to answer his phone as 'Judge X's office,' because a former judicial officer should not use the court…
Does a conflict that bars a firm from practicing criminal law in a county also bar a solo lawyer who tries the firm's cases in its name under a fee arrangement?
Yes. The opinion concluded the same disabilities that barred the firm extend to the inquirer, because he practices under the firm's name and can do so only as its associate, so he may not take cases t…
May a lawyer who sits on the county planning board represent private clients before municipal planning boards and other municipal agencies in the county?
Not before municipal planning boards. The opinion concluded the lawyer may not appear before a municipal planning board, but generally may represent private clients before other municipal agencies exc…
May a municipal public defender, paid by the town to defend indigent defendants, also represent paying clients before that town's municipal court and agencies?
Yes. The opinion concluded the representation is proper, because the public defender's clients are the indigent defendants he is appointed to defend, not the municipality, so his appointment and salar…
Can a lawyer who is a county judge write a newspaper series on general probate and estate law?
Yes. The committee concluded a lawyer-judge may write general newspaper articles on probate and estate law if done in good taste and not to advertise himself, but may not use the articles to give advi…
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.