Legal Ethics Opinions
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May a lawyer also run a real estate sales or brokerage business, from the same or a separate office, while practicing law?
Only under strict conditions. The committee concluded a lawyer may engage in a separate business only if it is not itself the practice of law, can be run without violating the Canons, is not used to a…
May a lawyer contact jurors after they return a verdict, for example to ask whether they would favor suspending the defendant's sentence?
No. The committee concluded that under Canon 23 a lawyer may not interview jurors after verdict except to address matters affecting the verdict's validity, such as a recording mistake, fraud, or a mis…
May a lawyer list his graduate degrees, or use 'Doctor' or 'Dr.' before his name, on his shingle, professional card, or letterhead?
No. The committee concluded that using degrees or the title 'Doctor' on a shingle, card, or letterhead, or in introductions, is improper self-laudation under Canon 27; such distinctions may appear onl…
Can a lawyer act as a surety company's bonding agent, and who has authority to discipline a lawyer for unethical conduct?
A lawyer in active practice cannot act as a surety company's bond-executing agent, because that business funnels legal work and amounts to improper solicitation, though he may personally go surety on …
May a retiring attorney send clients and friends a formal announcement that he has retired and arranged for another attorney to handle their future business?
The opinion concluded that such an announcement would be improper, because under Canon 27 it would be an indirect solicitation of employment for the other attorney; the retiring attorney's separate du…
Can a firm keep a former partner's name on its letterhead as a 'successor' or 'formerly' line after that partner becomes a judge?
The opinion concluded that a partnership may not reflect a former firm name on its letterhead when that name includes a former member who has become a judge, even in a 'successors to' or 'formerly' fo…
Can a part-time city attorney whose law partner is a legislator advise the city about legislation?
The opinion concluded that a part-time city attorney whose partner is a legislator may advise the city about the contents of existing or proposed legislation and the desirability of change, but any ac…
Can a lawyer serve as general counsel to an 'estate protection service' and prepare trust documents for its customers?
The opinion concluded that it is improper for a lawyer to act as general counsel to an 'estate protection service' by preparing trust indentures or other documents for the service's customers, even as…
May an attorney advertise in the law journal that he will handle tax lien foreclosures for other attorneys as a specialized legal service?
The opinion concluded the proposed advertisement was improper, because tax lien foreclosure work is not a specialized legal service within New Jersey's Canon 46 (which the Committee strictly construed…
Can a Florida lawyer charge a property owner a contingent fee in a condemnation case on top of the attorney's fee the court awards under the eminent domain statute?
The opinion concluded that there is no ethical objection to a contingent fee in a condemnation case in addition to the statutory fee awarded by the court, so long as the total fee is reasonable and th…
Can a Florida partnership list an out-of-state office on its letterhead when that office belongs to only one partner, not the partnership?
The opinion concluded that a Florida partnership may not list an office in another jurisdiction on the partnership letterhead when that office is not the partnership's but only one partner's, maintain…
Can a Florida law firm rent office space to a nonlawyer arbitrator and list the arbitrator's name on the office door?
The opinion concluded that, although sharing office space with a nonlawyer is not to be encouraged, the firm may place the arbitrator's name on the office door so long as the listing is clearly separa…
May an assistant district attorney also keep a private practice, and is a judge disqualified from hearing cases where his former law partner appears as counsel?
The committee concluded that an assistant DA paid over 65% of the DA's salary may not engage in private practice (under 19 O.S. 215.15), while one paid 65% or less may handle civil cases not in confli…
May a lawyer who sits on the state Pardon and Parole Board, or a member of his firm, represent defendants in criminal cases in state court?
No. The committee concluded that because the State is interested adversely to a convicted person seeking clemency, a lawyer on the Pardon and Parole Board (or a member of his firm) who represents crim…
May a county attorney or county prosecutor (or their partners) represent private clients before county boards or in criminal matters in that county?
The opinion concluded that neither the county attorney nor the county prosecutor, nor their assistants, partners, and associates, may represent private clients before county boards or in criminal matt…
If a lawyer is served with a writ of garnishment over a client's judgment debt, can the lawyer assert the attorney-client privilege, and must the lawyer withdraw if the client won't waive it?
The opinion concluded that a lawyer served with a garnishment writ may properly assert the attorney-client privilege in response and is not required to withdraw from representing the client if the cli…
Can a lawyer represent a client in a second case when the record from an earlier case in which the lawyer testified as a witness may be relevant, including for res judicata?
The opinion concluded that a lawyer is not necessarily precluded from representing a client in a second case merely because a record from an earlier case in which the lawyer testified may bear on issu…
After a lawyer's former firm represented one party in a multi-car accident, can the lawyer represent another party whose claim may be against the firm's former client?
The opinion concluded that a lawyer whose former firm represented one party to a three-vehicle accident may not represent a second party whose interests may include a claim against the original client…
Can a law firm join a downtown civic council that promotes the business district, and have its partners listed individually on the membership rolls?
The opinion concluded that a law firm may belong to a downtown council organized to promote civic interest in the downtown area, with the membership listed in the partners' individual names rather tha…
May a municipal prosecutor, in one consolidated trial, prosecute a civilian and at the same time defend a police officer charged by that civilian?
The opinion concluded it would be improper for a municipal prosecutor to serve in that dual capacity in the same consolidated trial; while a court rule expressly let a municipal attorney defend a poli…
Can a lawyer represent a credit bureau and also handle the collection matters it forwards, with the bureau gathering the litigation information and the lawyer's secretary working on the bureau's premises?
The opinion concluded that a lawyer may represent a credit bureau in its own affairs, but may not let the bureau procure the information needed for litigation, may not locate his part-time secretary o…
Does an attorney's service on an unofficial municipal charter-revision advisory committee disqualify him from representing private clients before that city's court and agencies?
The opinion concluded that service on the proposed advisory committee (which had no official status or statutory authority) is in the public interest, does not entail a conflict of interest, and will …
Can a lawyer who handles state tax work accept a seat on the State Board of Tax Appeals?
Not if he keeps a tax practice. The committee concluded that a lawyer who may reasonably expect to have to disqualify himself in matters before the Board should decline the appointment, or limit his p…
Can a lawyer use insurance agents to solicit clients for a master pension plan the lawyer's firm would handle?
The opinion concluded that the solicitation activities of insurance agents acting on the lawyer's behalf to promote the master pension plan were improper under Canon 27 and had to be terminated.
Can a lawyer partner with a non-lawyer to provide labor-management or business consulting when some of the work is legal work?
The opinion concluded that because part of the proposed labor-management work would constitute law practice, Canon 33 made a partnership between the lawyer and a non-lawyer unethical, and Canon 27 lim…
Can a plaintiff's lawyer write directly to an unrepresented opposing party about a prospective claim, and what may the letter say?
The Committee concluded that a lawyer may ethically communicate with an unrepresented opposing party about prospective litigation so long as he does not mislead the party or advise him on the law or h…
Can a lawyer pay or validate the parking tickets of clients who visit the office?
The Committee concluded that a lawyer may validate clients' parking tickets, that is, pay their public parking fees, without violating the Canons, provided the lawyer does not identify himself as a la…
Can a lawyer who is also a state legislator list both 'Attorney at Law' and 'State Senator' on the office door and building directory?
The Committee concluded, by a 6-3 majority, that it is improper for a lawyer who is also a State Senator to place the title 'State Senator' alongside 'Attorney at Law' on his office door and building …
Can a county attorney or other public prosecutor also represent a private civil litigant in a case arising from the same accident or occurrence?
The Committee concluded that a public prosecutor (district, county, or city attorney) may not represent any party in a civil matter arising out of an occurrence that is also the subject of criminal in…
Can a lawyer teach a private course on legal fundamentals to lay persons without violating the advertising rules?
The committee concluded that, on the stipulated conditions (no use of the lawyer's name, firm, or office in advertising; only hypothetical questions; no acceptance or referral of attendees as clients)…
Can a lawyer stay silent about an opposing party's insufficient redemption tender to let the redemption period expire?
The committee concluded that the plaintiff's attorney could not keep silent. There is ordinarily no affirmative duty to warn opposing counsel of a looming deadline, but where receiving a check called …
Can a lawyer send clients pamphlets urging them to review their wills and recommend an in-office specialist?
The committee concluded that State Bar pamphlets could be placed in reception rooms and sent only to selected clients with circumspection, that a lawyer could tell an existing client another attorney …
Can attorneys let their names and that they are lawyers appear in a paid political advertisement?
The committee concluded that paid advertisements on political or public-interest issues that list individual attorneys' names and identify them as lawyers did not violate former Rule 2 or former ABA C…
Can a law firm list itself in the classified telephone directory of a community where it has no office?
The committee concluded that a proper, nondistinctive classified listing in an out-of-town directory was permissible where the lawyer or firm actually practiced in that community, a fact question, but…
When the lawyer who drafted a will may have to testify in the will contest, can his partner handle the executor's representation in that contest?
The opinion concluded that a lawyer who drafted the wills and now represents the executor may have his partner file pleadings and represent the disinterested executor in the will contest, even though …
Can an assistant state attorney who prosecuted a defendant for vehicular homicide later represent the decedent's family in a civil wrongful death suit against the same defendant?
The opinion concluded that an assistant state attorney who prosecuted a vehicular homicide case may not later represent the decedent's personal representative in a civil wrongful death action arising …
Can a corporation's lawyer who drafted a noncompete between the company and its president, while nominally representing both, later sue to enforce that noncompete for the company?
The opinion concluded that the lawyer may later represent the corporation in enforcing the noncompetition agreement, provided he learned nothing confidential from the president and the facts of the al…
Does serving as attorney for an intermunicipal sewerage authority bar the lawyer (and his firm) from appearing for private clients before the courts and agencies of the two member municipalities?
The opinion concluded that representing the intermunicipal sewerage authority ethically bars the attorney and his partners from appearing before any magistrate or agency of either municipality; the ag…
May a bank's salaried trust officer who is also a lawyer give legal advice to bank patrons, and may the bank advertise his name as performing those services?
No. The committee concluded that an attorney-trust officer giving the public advice that constitutes the practice of law is unethical, that he may not let the bank use his name in advertising such ser…
Can a new county attorney prosecute a condemnation suit for the county when he earlier represented some of the landowners, if their parcels are severed and tried by other counsel?
The opinion concluded that the county attorney may represent the county in the part of the condemnation suit covering other parcels, where the parcels he had represented are severed and tried by other…
After a jury is discharged, can a lawyer make a brief courteous reply when a juror makes a casual remark that has nothing to do with the trial?
The opinion concluded that the rule restricting communications with jurors does not preclude a lawyer from making a brief, courteous response to casual remarks, unrelated to the trial, addressed to th…
Can a title-examining attorney take quit-claim deeds to other lots in a subdivision to himself, so that later owners must come to him to clear their titles for a small fee?
The opinion concluded that an attorney may not use information found in a title examination to take quit-claim deeds to other lots to himself, intending to reconvey to later parties for a minimum fee,…
If a workers' compensation claimant fires his lawyer before the case ends, can the lawyer petition the Industrial Commission for the fee he believes he earned?
The opinion concluded that a discharged claimant's attorney in a workmen's compensation proceeding may present an appropriate petition to the Florida Industrial Commission for any fee he in good faith…
May a lawyer who defended a man in a murder case later represent that man's wife in a divorce action against him?
The opinion concluded the attorney should not undertake the divorce action for the wife of his former criminal client, because his murder defense necessarily involved confidences and secrets, includin…
May a real estate lawyer accept appointment to chair a municipal committee advising on a property reassessment while he represents local landowners before the town's boards?
The opinion concluded the attorney should not accept the appointment, because he represented several clients whose land values would be affected by the reassessment, and Canon 6 prohibits representing…
Can a lawyer take on clients who want new counsel for a dispute arising out of an earlier settlement handled by their prior lawyer, over that prior lawyer's objection?
The opinion concluded that an attorney could properly honor a client's request to represent him in a controversy stemming from a previous compromise in which the client was represented by other counse…
Can a group of lawyers agree that probate fees earned by one of them will be shared with the lawyer who drafted the will, or that lawyer's survivors?
The opinion concluded that it is not ethically proper for a group of attorneys to contract to divide a probate fee with the lawyer who drafted the will, or his survivors, because the division would no…
May a lawyer rubber-stamp his firm name on the face of an abstract of title to show that the firm examined it?
No. The committee concluded that a permanent stamped notation naming the examining firm on the face of an abstract of title is unethical because it would serve to advertise that firm to everyone who l…
When a lawyer who witnessed a codicil will be the principal witness in a will contest, may his firm still represent the proponent, and may he argue the case?
The opinion concluded the inquirer's firm may act for the proponent even though the inquirer, who attested the codicil, will be the principal witness, but the inquirer himself may not argue the matter…
Can a lawyer accept a referral fee from the title-examining lawyer he selects for a client, without telling the client?
The opinion concluded that it is improper for a lawyer to accept, or for another lawyer to pay, a referral fee unless it is based on a division of service or responsibility, and unless the lawyer make…
Can a lawyer agree to handle all of a mortgage lender client's loan closings for a fixed monthly fee?
The opinion concluded that it is proper for an attorney to agree with a mortgage-lender client to conduct all of its closings for fixed monthly compensation, provided the lawyer takes no part of the b…
Can a lawyer volunteer for a free legal aid program run by a fraternal or charitable organization for its members' needy relatives?
The opinion concluded that there is no impropriety in an attorney participating in a legal aid program organized by a fraternal society, provided the society does not interfere with the attorney-clien…
If the lawyer who represented the opposing party joins our firm, can the firm keep representing its client against that former opponent?
The opinion concluded that once the opposing party's former lawyer joins the firm, the firm may not pursue enforcement against that former opponent without the opponent's consent, even if the new arri…
May a lawyer who arranged and closed a mortgage loan for a longtime client foreclose that mortgage for the lender against that same client?
The opinion concluded it would be improper for the attorney to foreclose the lender's mortgage against the borrower, because the attorney had represented the borrower in about three prior matters and …
May a municipal attorney let the municipality bill a buyer of municipal property a flat 'legal fee' for legal work the attorney performed only for the municipality?
The opinion concluded that where the flat $125 charge did not represent a fee the attorney fixed for services actually rendered, billing it to the purchaser as a 'legal fee' was improper, and the atto…
May a New Jersey firm run a 'specialized legal services' announcement in a law journal advertising itself as New Jersey trial counsel for tort, contract, and product liability work?
The opinion concluded the announcement was improper, because the work of trial counsel is not a specialized legal service within Canon 46; any admitted attorney may try cases, and a lawyer's trial ski…
May the attorney for a zoning board of adjustment also represent the municipal governing body in court appeals, including cases where the governing body reversed the zoning board?
The opinion concluded the zoning board attorney could not appear for the governing body where it reversed the board, because that would put him against his original client in violation of Canon 6; the…
May a municipal attorney continue to represent a developer or builder operating in a neighboring municipality when that client is also building in the town the attorney serves?
The opinion concluded the continued representation was improper under Canon 6, because the room for public misunderstanding when a municipal attorney represents a developer operating in his own munici…
Can a lawyer who took over a case from a lawyer who was later disbarred share the fee with the disbarred lawyer for work done before the disbarment?
The opinion concluded that the successor lawyer could divide the fee with the disbarred lawyer only to the extent the disbarred lawyer fairly earned it through services and responsibility before disba…
When I represent one spouse in a divorce, can I put the couple's already-agreed property settlement in writing and have the unrepresented spouse sign it?
The opinion concluded that the lawyer may reduce a previously agreed property settlement to writing and obtain the unrepresented spouse's signature, but only if he avoids anything that could mislead t…
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.