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 who opposed a rezoning for one group later seek a similar rezoning for an adjacent landowner over those former clients' objection?
The opinion concluded that an attorney who had unsuccessfully represented clients opposing the rezoning of a tract may not later represent the owner of an adjacent tract seeking similar rezoning when …
Can a bar association set up a bank-financed plan to let clients finance their legal fees through installment loans?
The opinion gave general approval to a proposed legal services financing plan in which banks lend clients the fees on the clients' own credit, finding no ethical impediment so long as the lawyer is no…
Can the same attorney serve as counsel to both a municipality's planning board and its board of adjustment?
No. The opinion concluded it is improper for one attorney to represent both the zoning board and the planning board where each agency routinely refers matters to the other and the likelihood of disagr…
Can a legal aid society represent several groups of co-defendants with potentially adverse defenses, and can it cure the conflict by spreading them among its own staff?
No. The opinion concluded the society would have a conflict in representing multiple co-defendant groups whose defenses could be inconsistent; full disclosure cannot cure it, assigning the cases to di…
Can a lawyer display both an LL.B. and a J.D. diploma when the J.D. was issued as a substitute for the LL.B.?
The opinion concluded that it would be improper for a lawyer to display both an LL.B. diploma and a J.D. diploma when the J.D. was granted as a substitution for the LL.B., because doing so would tend …
Should a legal services program file divorce suits for clients it cannot serve and then hand them off to private counsel?
The opinion concluded that it would be more appropriate for a legal services program to refer ineligible parties to other agencies at the outset, rather than to file divorce litigation on their behalf…
Can a lawyer represent a business competitor of an existing client over that client's objection?
The opinion concluded that a lawyer is not ethically precluded from representing a competitor of an established client in business affairs over the first client's objection, as long as the lawyer does…
Can a county attorney who handles only civil matters defend a criminal case in the same county?
The opinion concluded that a county attorney whose duties relate only to civil matters may defend a person charged with crime in his county where the county commissioners have no control or supervisio…
Can a lawyer structure a home purchase so title goes to the wife alone in order to keep an existing judgment against the husband from attaching to the property?
No. The opinion concluded that an attorney's participation in a fraudulent conveyance, with actual knowledge of its true character and purpose, is unethical and unprofessional conduct, even if it may …
May a lawyer who is a partner of, or shares an office with, an assistant district attorney accept appointment or employment to defend criminal cases?
A partner (or a lawyer sharing fees or client responsibility) may not, because the conflict is inherent and non-consentable; a lawyer who only shares office space, with no shared fees, responsibilitie…
May a part-time municipal-court judge whose court is not a court of record defend persons charged with crimes in other courts?
Largely no. The committee concluded that a court-not-of-record judge who tries misdemeanors and binds felony defendants over should scrupulously avoid accepting criminal defense work, except to accept…
Can a lawyer use a postage meter that prints a short slogan alongside the postage?
The opinion concluded that there was no ethical objection to a lawyer using a postage meter imprinting the message 'Law, Rule of Right, Not Might.'
Must a lawyer whose income comes almost entirely from being house counsel or a corporate officer keep separate personal and business bank accounts under the attorney-records rule?
No. The opinion concluded that a lawyer paid almost exclusively as house counsel or a corporate officer need not keep separate personal and business accounts merely to record his salary, since he is n…
Can a lawyer who serves a city's redevelopment agency, forecloses its tax sale certificates, or sits on its sewer authority also appear before city bodies for private clients?
No. The opinion concluded that each of the three lawyers, the redevelopment agency's counsel, the tax-sale-foreclosure attorney, and a member of the city sewer authority, is part of the municipal gove…
Can a lawyer take over a matter from another lawyer the client wants to replace?
The opinion concluded that a lawyer may properly accept employment on a matter previously handled by another lawyer, provided the superseding lawyer has assured himself that the client has given the f…
Can a lawyer speak at a bank-sponsored estate planning seminar held for residents of an apartment building?
The opinion concluded that a lawyer may participate as a speaker in a bank-sponsored estate planning seminar held at an apartment house, where the talk addresses estate planning in general and the ann…
Can a lawyer take part in a public mock-court education program run by a legal secretaries association and the local bar?
The opinion concluded that a lawyer may participate in the St. Petersburg Legal Secretaries Association's annual 'Days in Court' public education project, sanctioned by the local bar association, incl…
Can a Florida lawyer employ a retired out-of-state lawyer as an office manager who talks with clients and attends hearings?
The opinion concluded that a Florida lawyer may not employ a retired member of another state's bar as an office coordinator and manager whose duties include talking with clients and attending conferen…
Can a legal services program represent clients with conflicting interests by assigning different lawyers or separate offices?
The opinion concluded that, absent client consent, a federally funded legal services program may not represent conflicting interests, and using different lawyers or separate 'law offices' within the s…
When a lawyer sits on a state board, can his law partners represent clients before that board or appeal its decisions?
No. The committee concluded that when a partner sits on a state board or administrative body, the firm's other lawyers may not represent clients before it, and may not represent a party appealing its …
Can a lawyer write a will that leaves a bequest to the lawyer who drafted it?
Applying State v. Collentine, the opinion concluded a lawyer may draft a will in which he is a beneficiary only when he is a natural object of the testator's bounty and receives no more than he would …
Can a former civil-section assistant DA defend people indicted after he left, for offenses committed while he worked there, if he never touched the criminal side?
A divided Committee concluded that a former civil assistant in a DA's office may represent a defendant where the indictment was returned after he left, even if the offense occurred during his tenure, …
Can a lawyer with a Juris Doctor degree call himself 'Doctor,' 'Dr.,' or 'J.D.' in letters, ads, and general communications?
The Committee concluded that, as a general rule, a lawyer may not use the titles 'Doctor' or 'J.D.' in any manner related to his identity or practice, as self-laudation under Canon 24, though he may s…
Can an in-house lawyer employed by one corporation also do legal work for its parent, subsidiary, and related companies?
The Committee concluded that a lawyer employed and paid by one corporation may render legal services to its parent, subsidiary, and related corporations, with no Canon 32 intermediary problem and no C…
Can a lawyer interview or take a statement from an employee of an adverse corporate party without opposing counsel's consent?
The Committee concluded that a lawyer may interview and take statements from employees of an adverse party without opposing counsel's consent if full disclosure is made, except that an employee whose …
Can a lawyer suing a former client to collect an unpaid fee use confidential information learned during the representation?
The Committee concluded that when justice requires a lawyer to sue a client for a reasonable fee as a last resort, it is not unethical to use confidential information obtained from the client where cl…
Can a lawyer running for elective office advertise the campaign, including the offices and memberships he holds, without violating the lawyer-advertising rules?
The Committee concluded that a lawyer seeking elective public office may advertise the candidacy in publications of general or limited distribution if it is done in a dignified manner and not designed…
Can a lawyer let the client communicate directly with the represented opposing party about the dispute, and must the lawyer try to stop it?
The Committee concluded that a lawyer may not, without opposing counsel's consent, sanction the client's communication with a represented adverse party about the subject of the controversy, and must e…
In which telephone directories' yellow pages may a lawyer list the practice, and can a lawyer list in a suburb where there is no office?
The Committee concluded that a lawyer may be listed in the commercial (yellow) pages only in the city where the office is maintained, but may also be listed in a metropolitan-area directory that inclu…
Can a plaintiff's lawyer plead allegations about the defendant's liability insurance and its refusal to settle in the original petition?
The Committee concluded, by a 5-3 majority, that including improper allegations about the defendant's liability insurance and settlement negotiations in the plaintiff's original petition is a clear vi…
Can a lawyer be both a bank's trust officer and its attorney, handle legal work for the bank's customers, and keep a law office inside the bank?
The Committee concluded that a lawyer may serve as both attorney and Trust Officer for a bank but may not at the same time handle legal matters for the bank's customers or maintain an outside-practice…
Can a lawyer delay a client's divorce case to pressure the client into paying fees?
The committee concluded it was not proper for an attorney to delay a divorce case because of nonpayment while remaining the attorney of record, since that conflicts with the client's interest in promp…
Can a lawyer become an affiliate member of a local board of realtors?
On the facts presented, the committee concluded it would be ethical for the lawyer to become an affiliate member of a local board of realtors, since the inquiry involved only joining the group and sho…
Can a lawyer act as an agent for a corporation soliciting personal management contracts with professional athletes?
The committee concluded that, on the stipulated conditions, the lawyer could act as the corporation's agent soliciting management contracts, because the collateral business met the ABA's criteria for …
May a lawyer write an unpaid by-line newspaper column discussing the law without violating the ban on giving legal information through publications?
Yes. The opinion concluded the lawyer could write an unpaid by-line column discussing the National Labor Relations Act and NLRB decisions, because Canon 40 permits lawyers to write articles giving inf…
In a matrimonial case, may a wife pay her lawyer's fee up front and then be reimbursed out of the counsel fee the court later orders the husband to pay?
Yes. The opinion concluded the arrangement is ethical where there is no collusion and the fee arrangement is fully disclosed when counsel fees are sought, though the lawyer should not arrange the clie…
At a mortgage closing, may a lawyer for the lender collect a title-company charge for searches and title examination that the lawyer neither fixes nor receives?
No. The opinion concluded that where the attorney does not actually fix or receive the fee but collects a charge for the title company that includes legal work such as title evaluation, the charge for…
May a Florida lawyer divide fees with an inactive New York lawyer living in Florida who refers Florida clients to him?
Generally no. The committee concluded it may constitute aiding the unauthorized practice of law to accept cases referred by a New York lawyer residing in Florida and divide the fee, and that it would …
Can a lawyer who works full-time as out-of-state corporate general counsel keep an office and his name on a Florida firm's letterhead?
The opinion concluded that a lawyer serving full-time as corporate general counsel in New York, who handles only incidental private matters on monthly Florida visits, may keep an office in his former …
Can a former assistant state attorney represent the family of a person whose death he helped investigate, and share a fee for it?
The opinion concluded that a former assistant state attorney who held supervisory responsibility over the investigation of a death may not later represent the deceased's family in a suit for accidenta…
May the lender's attorney accept payment from the borrower for the legal services the attorney renders to the lender?
Yes. The opinion concluded it is ethical for the borrower to pay for the lender's attorney's services to the lender, provided the borrower clearly understands the lender's attorney represents the lend…
May a borough's municipal attorney also serve as legal adviser to that borough's planning board in preparing a master plan?
Not in that controversial capacity. The opinion concluded that the general principles barring a municipal attorney from dual municipal roles apply, so he cannot advise the planning board on controvers…
May a lawyer pay a fact witness more than the statutory daily attendance fee and mileage to testify?
Only to make up an actual loss. The committee concluded a lawyer may reimburse a lay witness for lost wages or time and reasonable transportation, but paying anything beyond actual loss, or paying a w…
Can a law firm send out an announcement of a merger and a new out-of-town office that lists the members' names and the cities where they practice?
The opinion concluded that a firm opening an additional office in another city coincident with a merger may announce both events, and the announcement may list the individual members of the merging fi…
Can a lawyer let the client read pre-written questions and conduct the examination at proceedings supplementary to enforce a judgment?
The opinion concluded that a lawyer enforcing a money judgment may not let the client conduct the interrogation at supplementary proceedings, even using questions the lawyer prepared in advance, becau…
Can a claimant's lawyer send copies of letters to the insured while negotiating a claim with the liability insurer?
The opinion concluded that a claimant's lawyer may forward to the insured copies of correspondence sent to the liability insurer, so long as no attorney has been retained to represent the insurer and …
Can a lawyer refer clients to an insurance carrier and quietly collect a referral fee from the carrier when a policy is sold?
The opinion concluded that a lawyer may not refer clients to an insurance carrier and then, without the client's knowledge, be compensated by the carrier when a policy is sold; later Opinion 70-13 mod…
If a criminal defendant admits guilt to his lawyer and then takes the stand against advice and denies the charge, what must the lawyer do?
The opinion concluded the attorney should make no mention of the conflict between the client's admission and his sworn testimony, should not withdraw, and should present the case on the basis of the d…
May a county bar association adopt a plan letting clients finance legal fees through a bank that buys the attorney's installment note?
No. The opinion concluded that the bank-financed installment fee plan should be disapproved, not because it violated any particular Canon, but because it injected a third party into the lawyer-client …
Can a lawyer who represents a labor union also handle personal legal matters for individual union members?
The opinion concluded that there is no ethical objection to a lawyer representing a union and separately representing its individual members, so long as the union is not used as a 'feeder' of business…
Can a lawyer act as the notary administering the oath to his own client on pleadings?
The opinion concluded that there is no ethical prohibition against a lawyer serving as notary to administer an oath to a client in connection with pleadings, but a prudent lawyer limits the practice t…
May a lawyer take collection suits referred by a credit bureau that deals directly with the lawyer, advances costs, and is paid from any recovery, while the creditor has no direct contact with the lawyer?
Only under strict conditions. The committee concluded that the lawyer may not divide legal fees with the lay agency, must form a direct attorney-client relationship with the creditor rather than let t…
Can a lawyer advise a corporate client on a claim brought by a former employee the lawyer once represented in a divorce?
The opinion concluded that a lawyer may advise a corporate client on a claim by a former divorce client (a former employee) if the claim is unrelated to the divorce, no confidential information from t…
Can a lawyer prepare a trust on a referral from a trust company without ever contacting the client directly?
The opinion concluded that, for the same reasons given in Opinion 67-14, a lawyer may not prepare a trust pursuant to a referral from a trust company without direct contact with the client.
Can a lawyer take work from a real estate broker to prepare a deed without ever meeting the parties to the transaction?
The opinion concluded that a lawyer may not accept employment from a real estate broker to prepare a deed used by the broker to close a transaction when the lawyer has no contact with either party, be…
May a trade association's salaried attorney-manager represent individual member companies in arbitration and NLRB matters, with the association charging and keeping a fee for that service?
The opinion concluded that Canon 35 is dispositive: an attorney employed by a trade association may render legal services in matters in which the association as an entity is interested, but the employ…
May a firm represent a local P.B.A. (police union) while it also represents defendants on police complaints and uses police officers as witnesses in other matters?
The opinion concluded that the contemplated representation of the P.B.A. was improper and should be avoided, because the firm also appeared against and alongside the same city's police officers in oth…
May a municipal planning board's attorney represent his own wife to oppose a neighbor's zoning variance before the board of adjustment?
The opinion concluded the planning board attorney should not represent his wife at the variance hearing, both because the matter could return to his planning board and create a conflict of interest an…
May a lawyer who is also a police officer on leave, and his firm, handle criminal cases in the municipality where he serves on the police force?
The opinion concluded that neither the lawyer (a police lieutenant newly admitted to the bar) nor his firm may handle any criminal case arising in the municipality where he is a police officer on leav…
May a lawyer let a salaried investigator carry a business card showing the lawyer's name and 'attorney at law,' and what responsibility does the firm bear for the investigator's conduct?
Yes, within limits. The committee concluded that a firm may employ a salaried investigator and give him an identifying card, but the firm is fully responsible for his conduct as if a lawyer did it, th…
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.