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 have a secretary or other nonlawyer staff file papers and present orders to a judge for signature in divorce or probate matters?
Filing papers and similar ministerial courthouse tasks are fine, but the committee concluded a nonlawyer may not present pleadings or orders to a judge for signature, because that can call for profess…
Can a lawyer paid by an insurer keep representing the insured when a coverage dispute arises between them?
The opinion concluded that a lawyer retained by an insurer to represent the insured may continue to do so even on matters affecting coverage, owing no duty to the carrier on coverage, but must withdra…
Can a lawyer elected to Congress keep his name in the firm's name and on its letterhead?
The opinion concluded that a public official no longer actively and regularly practicing law, including a lawyer elected to Congress, may not allow his name to remain in the firm's name or appear in i…
Can a lawyer who serves as a municipal attorney also defend criminal defendants in that municipality's court or in cases involving the municipality?
The opinion concluded that a lawyer employed as a municipal attorney may not represent a defendant prosecuted in that municipal court; the lawyer may, with proper consent, defend in a non-municipal co…
Can a former IRS agent later represent a taxpayer on the same returns he examined for the government?
The opinion concluded that a lawyer who, as an IRS employee, examined a taxpayer's returns is precluded from later representing that taxpayer on the same years' returns, even if the later examination …
What tasks can a lawyer delegate to nonlawyer staff in a law office?
The opinion concluded that lay personnel may be used only for mechanical, clerical, or administrative duties, and that a lawyer may not delegate any activity requiring the lawyer's own judgment and pa…
Did Opinion 183's permission to list 'J.D., LL.M. (in Taxation)' apply to professional announcements?
Yes. This opinion clarified that the last sentence of Opinion 183, allowing the degree language, was a reply to an inquiry about the distribution of announcements, and so is directed to announcements.
Can a lawyer mail other lawyers an announcement of availability to consult or associate on appellate cases?
The opinion concluded that an attorney may send a select list of other attorneys a dignified announcement, not more than once a year, of his availability to consult or associate in appellate cases, so…
Can a lawyer who regularly defends people accused of crime also serve as attorney for organizations of law enforcement officials?
No. The opinion concluded that a lawyer regularly engaged in defending those accused of crime may not also serve as attorney for organizations of law enforcement officials.
Can a lawyer defend a criminal client when the witnesses against him are officers of a company the same lawyer also represents, if everyone knows and consents?
Yes, on these facts. The opinion concluded that with full disclosure and the client's consent, and no confidences from prior work usable against the client, the lawyer may continue to represent the cr…
Can a Florida lawyer be listed on an out-of-state lawyer's letterhead for an interstate referral partnership?
The opinion concluded that a Florida attorney's name may be added to an out-of-state lawyer's stationery to associate for interstate referrals where a bona fide partnership in fact exists, but the let…
Is a government lawyer held to the same trial-publicity rules as a lawyer for a private client?
The opinion concluded that an attorney representing the government is bound by the same ethical considerations on statements and publicity about pending litigation as an attorney for a private individ…
Can a lawyer returning from military service mail announcements that he is resuming practice and available to consult on securities matters?
The opinion concluded an attorney may send former clients and legal acquaintances an announcement of his retirement from military service and resumption of practice, and may separately announce to oth…
Can a lawyer withdraw from representing one client and then represent another client against him in an unrelated dispute?
The opinion concluded that where a dispute between two of the lawyer's clients has no relationship to his representation of either and he received no information about the dispute from the client he w…
Can salaried house counsel claim a reasonable attorney's fee from the debtor when collecting on notes?
The opinion concluded that, unless full explanation is made to the court, it is unethical for a salaried attorney to claim a reasonable attorney's fee for collecting notes, because he would be represe…
May an out-of-state corporate lawyer's business card show a corporate title alongside a Florida company address?
The opinion concluded that a business card showing the corporation's name and Florida address may identify the corporate attorney's position, but if the attorney is not licensed in Florida the card sh…
Can an elected county attorney represent a private employer in a labor dispute?
Yes. The committee concluded that because Kentucky did not bar county attorneys from civil practice unrelated to their criminal duties, there was no ethical inhibition against a county attorney repres…
Can a lawyer who handled a company's asset sale and was its officer later sue the seller on the buyer's behalf over that same sale?
No. The committee concluded that a lawyer who had long represented the selling corporation, served as its secretary, and actively handled the asset transfer could not represent the successor corporati…
Can a lawyer with a J.D. degree use the title 'Doctor' on business cards and letterhead?
No. The committee concluded a lawyer may not use 'Doctor' or 'Dr.' before his name on cards or letterhead, treating it as approaching advertising or solicitation, though placing the initials 'JD' afte…
Can a lawyer maintain and disburse a bail fund for people charged with crimes, even non-clients?
The opinion concluded the lawyer cannot. Running such a fund would do indirectly what the statute barring an attorney from acting as bail forbids directly, would place the lawyer in the bail bond busi…
Can a lawyer organize, buy tickets for, attend, or contribute to a testimonial dinner for a judge or a candidate for judge?
The opinion concluded that a lawyer may not organize, purchase tickets for, attend, or contribute to a testimonial dinner for a sitting judge or a candidate for judicial office unless the event is spo…
Can a law firm represent both a savings and loan association and the title insurance company that issues title policies to it, where firm members are the S&L's president and closing attorney?
The Committee concluded that, on the stated facts, a firm may represent both a savings and loan association and a title insurance company that issues title insurance to it because full disclosure was …
Can a lawyer send the opposing party copies of the letters the lawyer writes to opposing counsel?
The Committee concluded that, as a general rule, an attorney should not send copies of letters written to opposing counsel to opposing counsel's client; an exception is a demand that the opposing part…
Does an illuminated neon sign bearing a law firm's name near the office entrance violate the Texas Canons of Ethics?
The Committee concluded that the described neon sign would violate Canon 24, which prohibits direct and indirect solicitation; a law-office sign must be of modest size and serve to help a person find …
Can a district attorney use his official government stationery when handling his own private civil cases?
The Committee concluded that a district attorney should not use his official stationery in his personal civil practice, because doing so would be misleading and self-laudatory in violation of Canon 24…
While deposing a represented opposing party, can a lawyer advise that party about the law involved in the case?
The Committee concluded that an attorney may not, through the guise of a deposition, advise a represented opposing party about the law involved in the controversy, and this holds even where the opposi…
Can a lawyer who also serves as a municipal judge put 'Judge' before his name on his professional business card?
The Committee concluded that a lawyer who is also a municipal court judge may not show the word 'Judge' before his name on his professional card; Canon 39 limits the card's contents and the added titl…
Can a lawyer let a corporation list them as its counsel in the company's published financial statement?
The opinion concluded that a lawyer may not ordinarily permit being named as counsel in a corporation's financial statement published in a newspaper of general circulation, but that the identification…
Can lawyers who are not actually partners list their names together under one firm name on letterhead, an office door, or a law list?
The committee concluded that for attorneys who are not true partners to list their names together as a single firm name is ethically improper, because the firm name falsely suggests a partnership that…
Can a law firm send client billing and accounting records to an outside data processing service without breaching the duty to preserve client confidences?
The committee concluded that it is not ethically improper for a law firm to use an outside data processing center for bookkeeping, billing, and accounting, provided the firm exercises due care in sele…
Can a lawyer print a union 'bug' on the firm's letterhead or let clerical staff add union local symbols to correspondence?
The committee concluded that using a union printing 'bug' on a lawyer's letterhead, and permitting clerical staff to place union local symbols on correspondence, were objectionable as a form of advert…
Is the ACLU of Florida a group legal services organization that Florida lawyers may cooperate with under the ethics rules?
The opinion concluded that the ACLU of Florida was not an organization within DR 2-103(D)(5), so it did not fall under the Integration Rule's group-legal-services controls, though the committee cautio…
Can a Florida lawyer keep a title insurance premium rebate check when the lawyer only ordered and forwarded the policy for a client?
The opinion concluded that the lawyer must forward the rebate to the client, because no legal service was rendered on the policy and the saving belongs to the client.
Must a lawyer get a hearing before the trial judge before interviewing a juror after filing notice of intent to do so?
The opinion concluded that the Code of Professional Responsibility did not require a hearing before the trial judge after a notice of intention to interview a juror had been filed.
Can a part-time city prosecutor or the prosecutor's firm take criminal defense work in other courts?
The opinion concluded that, absent the unavailability of other counsel, neither a part-time city prosecutor nor members of his firm may handle criminal defense work in any court.
Can a lawyer represent a workers' compensation claimant against an employer the lawyer's office also represents in other matters?
No, while the representation continues. The opinion concluded that it is improper to represent a comp petitioner against an employer the attorney still represents; if that representation has fully end…
Can a lawyer take on clients who fired their prior attorney despite a written representation agreement?
The opinion concluded that it is not unethical to represent a client who has terminated a prior attorney, notwithstanding a written employment contract, where the new lawyer did not encroach on the pr…
Can a lawyer represent a new client in a suit brought by a former client when the new suit is unrelated to the prior work?
The opinion concluded that an attorney may represent a client in an action against a former client where the matter in litigation is unrelated to the prior representation, provided the attorney uses n…
When a former client subpoenas the lawyer to testify about advice given, can the lawyer reveal it to defend the competence of that advice?
The opinion concluded that the lawyer should raise the attorney-client privilege if he believes the testimony falls within it, but that the lawyer must be able to testify in self-defense once the clie…
May a plaintiff's lawyer negotiate settlement directly with an insurance carrier's adjuster when the carrier is represented by defense counsel?
The opinion concluded that a plaintiff's attorney may negotiate with an insurance carrier's adjusters, provided the negotiations are with the knowledge and consent of defense counsel.
Can a lawyer who places a client's investments charge a full fee and also keep a finder's fee from the institution?
The opinion concluded that a lawyer investing client funds may not both charge the client a full fee and keep a finder's fee from the institution; the client must receive the benefit of the finder's o…
Can one lawyer represent both the driver and the passenger-owner against the other driver if they sign waivers agreeing not to sue each other?
No. The opinion concluded that consent and waiver do not permit an attorney to represent two or more parties who may have potential claims against one another arising out of the same transaction.
Can a lawyer organize, buy tickets for, attend, or contribute to a testimonial dinner for a sitting judge?
The opinion concluded that a testimonial for a sitting judge may be organized only by a recognized bar association, and that it is unethical for individual lawyers to organize one or to purchase ticke…
Can a lawyer write a newspaper legal-advice column that answers readers' submitted questions?
The opinion concluded that a lawyer's newspaper column must be limited to answering questions of general interest and may not answer individual requests for legal advice, even anonymously.
Can a Florida lawyer be of counsel to or a partner in a law firm based in a foreign country?
The opinion concluded that whether a Florida lawyer may be of counsel to or a partner in a foreign-country firm is for that jurisdiction's authority to decide, assuming the firm has no Florida office …
Can a closing attorney pay a mortgage company a per-loan fee for the secretarial work it does preparing closing documents?
No. The committee concluded that an attorney's payment to a lending institution for secretarial services on loan closings, in any of the proposed forms, amounted to subsidizing the institution and imp…
Can a lawyer represent a town's zoning board when his law partner (and relative) sits on the town's governing body?
No. The opinion concluded that it is not proper for an attorney to represent a zoning board where his law partner sits as a member of the municipality's governing body, because appearing before his ow…
Can a lawyer publicly campaign through mass media against a judge the lawyer believes is unqualified?
The opinion concluded that a lawyer has both the right and the duty to oppose the election or reelection of a judge believed unqualified, but should not act in ways that lessen public confidence in th…
Can a lawyer let a client send collection form letters under the lawyer's name but with the client's return address?
The opinion concluded that it is unethical for a lawyer to allow a client to send out form letters under the lawyer's name, with the client's return address, for collection purposes.
Can a firm's announcement say that associating attorneys are with its 'Securities Law and Corporate Practice Department,' and may it be sent to lawyers?
Yes, to lawyers only. The opinion concluded that 'Securities Law and Corporate Practice' is a particular branch of law under Canon 46, so the inquirer may include that language in an announcement sent…
Can a lawyer list degrees like 'J.D., LL.M. (in Taxation)' after his name in a professional announcement?
Yes, to lawyers only. The opinion concluded that, under Canon 46, the inquirer may include the degree language 'J.D., LL.M. (in Taxation)' in an announcement he sends to the local bar.
If a lawyer becomes municipal prosecutor, are his partners barred from appearing before the town's boards, and from other towns' courts?
Partly. The opinion concluded that if a partner becomes municipal prosecutor, all firm members are barred from appearing before that borough's council and boards; they are barred from other municipal …
Can one lawyer pay another a referral fee for sending over the driver of a car while the referring lawyer keeps the passenger from the same crash?
No. The opinion concluded that a referral fee for sending the driver to one lawyer while the referring lawyer keeps the passenger violates the spirit, if not the letter, of the Supreme Court's directi…
Can a bar association set up, and lawyers join, a plan to finance clients' legal fees through local banks?
No, as revised. The opinion concluded that even after deleting the provision letting the bank hire the lawyer to sue a defaulting client, the legal-fee financing plan still connoted a commercializatio…
Can a criminal defense lawyer charge a contingent fee, or take a secured promissory note for the fee balance?
The opinion concluded that a contingent fee in a criminal case is improper, but that a lawyer may take a note for an agreed fee balance bearing lawful interest, secured by a transfer that is in form a…
Can a zoning board attorney keep defending the board on appeal when the appealing applicant is a client of the attorney's law partner?
No. The opinion concluded it is unethical for a board of adjustment attorney to continue defending the board's denial of a variance when his firm partner represents one of the principals of the appeal…
Can a lawyer collect a finder's fee from a bank for steering client funds into its accounts, and must he disclose and hand over the fee?
Yes with consent, but the fee belongs to the client. The opinion concluded a lawyer may recommend such investments only with full disclosure and knowledgeable consent, and must turn over or credit the…
May a lawyer hold a client's documents or trust funds under a retaining lien for unpaid fees?
The opinion concluded that a lawyer may exercise a valid retaining lien on a client's documents and funds properly in the lawyer's custody, but whether a valid lien exists is a question of law the com…
Can two lawyers who are not partners share a reception room and library without it looking like a partnership?
The opinion concluded that two non-partner lawyers may share a common reception room and library if they make every reasonable effort to avoid any impression of partnership, including separate letterh…
Can a law professor list a J.D. degree in university or law school publications without explaining the degree or stating its date of award?
Yes. The committee found that a law faculty member may permit his J.D. degree to be reflected in a faculty listing without further explanation or date of award, because such a listing carries no misle…
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.