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 New Jersey lawyer form an interstate partnership and use the out-of-state firm's name on the New Jersey letterhead?
The opinion concluded that interstate partnerships are not unethical, but a New Jersey firm name may include only those who are or were New Jersey bar members, and the out-of-state firm's name may not…
Can a lawyer who wrote a book let his publisher advertise it with an ad that describes the book and gives a short bio of the author?
The opinion concluded that a lawyer-author may ethically allow his publisher to advertise his book using a format that briefly explains the subject matter and gives a brief description of the author, …
In a hearing on his attorney's lien, can a lawyer reveal privileged client information to prove his fee claim and rebut a charge that he hurt the clients' case, even if it damages the former clients?
The opinion concluded that, at a hearing on his right to an attorney's lien, a lawyer may reveal otherwise-privileged matters to establish his claim and defend himself against an accusation that he hi…
Can a law firm keep its investigation file after being discharged without cause if the client's new lawyer won't reimburse the firm's advanced costs?
A majority of the committee concluded the firm could retain the investigation file until reimbursed for the costs it advanced, treating the material as subject to an attorney's lien or as work product…
Can a lawyer use the law firm's letterhead to send a political endorsement letter?
No. The opinion concluded that a letter on a law firm's stationery, sent to police describing benefits if certain candidates were elected, was improper; publishing lawyers' endorsements on firm statio…
Can a county attorney who is ex officio president of a bond-holding corporation for a nursing home sue that nursing home for a private client?
No. The committee concluded the county attorney should decline the case, because a successful claim could leave the nursing home unable to liquidate the bonds the holding corporation he heads is charg…
If one lawyer in a firm sits as a tax-appeals judge, can the firm handle tax appeals before that tribunal or the boards below it?
No. The opinion concluded that because the associate-judge could not appear in tax matters that reach his own tribunal, that disqualification imputes to the whole firm, and his recusal in particular c…
Can a lawyer who moves out of state but keeps his New Jersey license take an 'of counsel' role with a New Jersey firm and share fees on a percentage basis?
Yes, if he qualifies to practice here. The opinion concluded a lawyer may ethically be 'of counsel' to a New Jersey firm and be paid a percentage of fees, so long as he meets the requirements to pract…
Can a lawyer list his law-school graduation, bar admission, and new office in a university alumni booklet, and what may he list there?
Only a basic listing. The opinion concluded a lawyer may not advertise his graduation, bar passage, or office opening in an alumni booklet, which is not an approved law list, but may list only his nam…
Can a law firm's full-time investigator put the firm's name on his business card?
A majority of the committee adopted the ABA view that a full-time investigator may use a business card bearing his name and position with the law firm's name, address, and telephone number, if the fir…
After a partner withdraws but keeps handling the firm's trial work on referral, can his name stay in the firm name or appear as 'of counsel'?
The opinion concluded the withdrawing partner's name had to come out of the firm name, but he could be listed 'of counsel' on the firm's letterhead if he maintained a continuing relationship with it.
Can a lawyer take a tort case when a salaried associate in his office is one of several witnesses to the accident?
Yes. The committee concluded it was not per se unethical to accept the case, because the associate-witness was a salaried non-partner whose testimony appeared merely cumulative and not essential, thou…
Can one lawyer represent both spouses in a Florida no-fault dissolution of marriage?
The committee was evenly divided and could not resolve whether the no-fault divorce law relaxed the traditional bar on representing both spouses; it advised an attorney intending to do so to seek the …
May a trial lawyers' association recruit former jurors for an educational panel discussing their trial experiences?
The committee approved the proposed program in the abstract, finding it ethical under the Florida Code so long as the jurors were clearly advised they were under no obligation to participate and were …
May a lawyer who handled a husband's injury claim contact the former clients to tell them the wife now has her own claim for loss of consortium?
A majority concluded the lawyer could advise the former clients of the wife's newly created cause of action if he had established a bona fide attorney-client relationship with the wife during the earl…
Is it ethical to subpoena records a lawyer knows are not relevant just to pressure the other side to settle?
The committee unanimously concluded it is highly improper to issue a subpoena for records the lawyer knows are not germane to the litigation in order to intimidate a defendant or insurer into cooperat…
If a lawyer is subpoenaed to testify before a grand jury about client communications, must he disclose them?
The opinion concluded the lawyer should assert the privilege in good faith and refuse to answer, but if the presiding judge orders disclosure of a confidence and appellate remedies are exhausted, the …
Can a lawyer charge interest or service charges on a client's overdue legal bills?
The opinion concluded there is no ethical objection to charging interest at an agreed legal rate on fees not paid when due, though charges exceeding the legal interest rate would be both unethical and…
Can a lawyer who is also a city councilman represent a client in a civil case investigated by that city's police officer?
The opinion concluded the representation is ordinarily proper because the officer typically establishes undisputed scene facts the lawyer need not impeach, but the lawyer should decline if he would ha…
If a lawyer is the attorney for a municipal utilities authority, can he, his partner, or his associate appear before other municipal agencies of the same town, or represent other agencies of that town?
No to appearing before other agencies for private clients. The opinion concluded the lawyer, his partner, and his associate may not appear before the municipality's other agencies, and a municipal att…
Can a lawyer split a legal fee with a referring lawyer who did no work and took no responsibility on the case?
No. The committee concluded that dividing a legal fee with a referring attorney who performs no legal service and assumes no responsibility is absolutely prohibited under DR 2-107; fee division is pro…
Can the lawyer for a claimant's insurance carrier contact an uninsured motorist to get his cooperation in defending the case?
Yes. The committee concluded the carrier's attorney may notify the uninsured motorist that he represents the claimant's insurer, invite his cooperation in the defense, make clear he does not represent…
Can a lawyer appear on a real-estate firm's sponsored radio program to discuss legal aspects of real estate?
Yes, within limits. The committee concluded a lawyer may appear on a commercially sponsored radio program discussing real estate law if several attorneys appear (so no one is endorsed), none is identi…
May a legal aid society publish an unsigned newspaper column explaining legal problems and urging readers to consult a lawyer?
The committee concluded that a legal aid society's periodic, unsigned newspaper column discussing general legal problems and encouraging readers to consult a lawyer, with a caveat against self-applica…
Can a lawyer represent a wife in a divorce against a husband for whom the lawyer once did unrelated work, like a home purchase and a single collection call?
It depends on confidences. The opinion concluded that, assuming the lawyer obtained no confidences about the husband's finances or resources in the earlier unrelated matters, it would not be improper …
Can an employee of a planning board's attorney, or an attorney who sits on the board of adjustment, practice before other agencies of the same municipality?
No. The opinion concluded that neither an employee of a municipal agency's attorney nor an attorney member of a municipal board may practice before other agencies of the same municipality, because the…
Can a lawyer in good standing share or use office space with a disbarred attorney, and does moving the disbarred person's office within the same building fix the problem?
No. The opinion concluded that sharing or using office space with a disbarred attorney violates the regulation barring it, and relocating within the same building cures the violation only if the offic…
Can a newly elected county attorney go back to defending a former client in a criminal and civil case after a change of venue?
No. The committee concluded a Kentucky county attorney cannot ethically represent a criminal defendant in any court in the Commonwealth, including federal courts, nor become involved in the related ci…
Can a lawyer for a creditor credit union advise a debtor to file a wage-earner bankruptcy plan and then take the debtor's case?
No. The committee concluded that a lawyer for a creditor credit union may explain a Chapter XIII wage-earner plan to a debtor, but must promptly tell the debtor to hire another attorney and decline em…
Can a lawyer who sometimes handles criminal defense be appointed a special prosecutor in the same court?
The opinion concluded that, in a bona fide speedy-trial emergency, a lawyer who occasionally defends criminal cases in a court may be appointed a special county prosecutor there for short periods, par…
If a lawyer represents both buyer and seller in a real estate deal and a dispute breaks out between them, can the lawyer keep representing one of them?
No. The opinion concluded that once a serious controversy arises between jointly represented buyer and seller, the lawyer may no longer represent either party and must withdraw from both.
Can a Florida lawyer put 'J.D.' after their name on letterhead and business cards?
The opinion concluded that an attorney may use the initials 'J.D.' on letterhead and professional cards, while the committee added that vying over post-nominal letters was in bad taste.
Can a law firm let its developer client fill in and mail the closing-date notice on the firm's letterhead?
The opinion found no unauthorized practice of law in the client completing and mailing the firm's notice form, but a majority concluded that, to avoid an unseemly appearance, the notice to the other p…
Can a criminal defense lawyer take an assignment of the client's cash bond to cover the fee?
The opinion concluded a criminal defense lawyer may accept assignment of the client's cash bond as security for a fixed, reasonable fee, but not as the fee itself, because taking the bond as the fee w…
Can a lawyer represent a current client in a lawsuit against a former client when the prior work was unrelated?
The opinion concluded a lawyer may represent a current client against a former client where the current matter is unrelated to the prior work and the lawyer gained no confidences material to the curre…
Can a lawyer who serves as counsel to a juvenile court also keep a private practice in the same county?
The opinion concluded a lawyer employed as legal counsel for a juvenile court may maintain a private practice in the same county, because the rule barring prosecutors from also defending criminal case…
If a lawyer will be a material, contested witness for his client in a related case, can he keep representing the client in that case?
No. The committee concluded it would be improper for the attorney to continue representing the client in the federal action where his testimony about the prior state litigation would be highly materia…
Can a lawyer who handled a company's workers' compensation defense later represent those same employees in new compensation claims against the company?
No. The opinion concluded that a lawyer who formerly defended a corporation in its employees' compensation matters, and had access to the corporation's injury files, may not now represent those employ…
Can a lawyer serve as municipal attorney when his father owns the corporation developing land bought from that municipality, even if the lawyer recuses on those matters?
No on these facts. The opinion concluded that although not improper per se, it was clearly improper for the lawyer to serve as municipal attorney where his father owned the development corporation, an…
Can a former assistant county prosecutor defend someone indicted from an investigation his old office ran, if he played no part in it and had already resigned?
No. The opinion concluded it would be improper for a former assistant prosecutor to defend a person indicted as a result of an investigation by his former office, even though he took no part in it and…
Can a county counsel represent a private client in a suit against the county's commissioner of registration challenging one of the commissioner's rulings?
No. The opinion concluded that because the public sees county counsel as the lawyer for the whole 'official county family,' which includes the commissioner of registration, representing a private part…
Can a county counsel represent private clients before municipal courts and bodies, such as on traffic and disorderly-persons charges or in civil municipal matters?
It splits. The opinion concluded a county counsel should not appear for private clients before a municipal court on traffic or disorderly-persons matters, but generally may represent private clients i…
May an Alaska law firm's name include a partner who is not admitted to practice in Alaska?
The opinion concluded that, under DR 2-102(D) as adopted in Alaska, lawyers licensed in different jurisdictions may use the same firm name in each jurisdiction if the listings make clear each member's…
Does Opinion 260's ban on nonlawyers presenting court orders also bar licensed legal interns from appearing in court?
No. The committee clarified that Opinion 260's references to 'law interns' meant unlicensed law students or apprentices, not Legal Interns holding a limited license from the Oklahoma Supreme Court; ac…
May a lawyers' professional corporation list its name ending in 'Inc.' in the telephone directory?
Yes. The committee concluded a lawyers' professional corporation may be listed in the classified and alphabetical sections of the telephone directory ending with 'Corp.' or 'Inc.', but if it elects su…
Can a government lawyer litigate against a former private client without that client's consent?
The opinion concluded that a lawyer who joined the Attorney General's staff should not proceed in litigation against a former private client without that client's consent; with consent there is ordina…
Can a lawyer who serves on the city council defend clients arrested by that city's police?
The opinion concluded a lawyer-councilman may represent a private client in courts other than his city's municipal court, but neither he nor his partners and associates may contest the evidence of the…
Can a lawyer appointed a special assistant state attorney for a limited matter still defend criminal cases in other courts?
The opinion concluded a lawyer appointed an assistant state attorney in a limited, special capacity may defend criminal cases in courts other than the one where he is prosecuting, including federal co…
May a lawyer compile and sell to the public a manual of small claims procedures and practices?
Yes. The committee concluded a lawyer may ethically compile and sell a procedural manual or reference book to the public, provided there is no unethical advertising or solicitation in its content or m…
If a firm sublets office space to an attorney who sits on the county board of freeholders, can the firm still appear before the county board of taxation?
No. The opinion concluded that because the freeholder-attorney subtenant is an 'office associate' of the firm, neither the firm nor anyone in it may appear before the county board of taxation.
Can a lawyer suing a government entity interview that entity's employees about the case without the government lawyer's consent?
The opinion concluded that a lawyer may ethically communicate with employees of a government entity about a matter in controversy, so long as the lawyer does not contact employees who may reasonably b…
Can a practicing lawyer also serve as executive director of a private association that has its own separate counsel?
The opinion concluded there is nothing unethical about a practicing lawyer also serving as executive director of a private association represented by other counsel, provided the association's lawyer i…
Can a plaintiff's lawyer contact a defendant's insured directly to seek an assignment of a bad-faith claim before judgment?
The opinion concluded that a plaintiff's lawyer negotiating with an insurer may not contact the insured directly before judgment to request assignment of the insured's bad-faith right of action; such …
Can a lawyer who won before a zoning board keep representing the client on appeal to defend the board's decision?
Yes. The committee concluded that a lawyer who represented a party before a Planning and Zoning Board may appear in later appellate proceedings to sustain the board's action where that action is consi…
Can a criminal defense lawyer share an office and a secretary with the Commonwealth's Attorney who prosecutes those cases?
No. The committee concluded that defense attorneys sharing office space and a secretary with the Commonwealth's Attorney who prosecutes in that district created an appearance of impropriety; they shou…
If a lawyer's son becomes a full-time assistant prosecutor and they dissolve their partnership, can the father keep practicing criminal law in that county?
No. The opinion concluded that the father and former partner of a full-time assistant prosecutor should not continue to practice criminal law in the county, even though the son is only one of fourteen…
Can a law firm put its firm name or the partners' names on a Christmas or other seasonal greeting card?
No, not in the firm name. The opinion adopted ABA Formal Opinion 309: seasonal greetings should not be sent in the firm name or in an attorney capacity, should not refer to the profession, and should …
Can one attorney represent both the board of adjustment and the planning board of the same municipality?
Only if no conflict arises. On reconsideration, the opinion concluded that an attorney should not represent both boards in the same municipality if there is or may be a conflict of interest in a parti…
If a partner leaves a firm to become an active associate at another firm but keeps a small interest in the old one, can his name stay in the old firm's name?
No. The opinion concluded that the name of a partner who withdraws from a firm but continues to practice law in New Jersey should be omitted from the firm name to avoid misleading the public.
May a lawyer be listed as an attorney in a new toll-free area-wide telephone directory that also covers towns where the lawyer has no office?
Yes. The committee held that a lawyer who maintains a bona fide office or residence anywhere within the area covered by a new toll-free area-wide directory may be listed in it, and the old 'exchange a…
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.