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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If I discover another lawyer at my firm fraudulently billed a client, must I report it to the disciplinary authority?
The Rule 8.3 duty to report another lawyer's billing fraud is limited by the duty of confidentiality: the firm must tell the client, but it may not report to a disciplinary authority if doing so would…
Can a prosecutor publicly display drugs, weapons, or other contraband seized in a criminal investigation?
No. The Committee held that public displays of seized drugs, weapons, or other contraband are extrajudicial statements that violate RPC 3.6 and 3.8, and that the 2004 rule amendments did not change th…
Can a public defender appear in the court where another member of the same public defender office serves as a part-time judge?
No. Members of a public defender office are generally one firm, and the part-time judge's own judicial-conduct rules bar the judge from letting office colleagues practice in the judge's court. Under R…
Can I advise and assist clients in Rhode Island's medical marijuana program when the conduct is legal under state law but a federal crime under the Controlled Substances Act?
The panel concluded yes. A lawyer may advise clients about Rhode Island's medical marijuana law and represent, advise, and assist clients in activities relating to and in compliance with that law, pro…
When must an Ohio judge report another judge's or a lawyer's misconduct, and does reporting a lawyer require the judge to recuse?
The opinion concluded that under Jud. Cond. R. 2.15 a judge with knowledge that another judge or a lawyer committed a violation raising a question about honesty, trustworthiness, or fitness must repor…
Can a lawyer advertise 'no fee unless we win' if the client is still responsible for litigation costs?
The opinion concluded that a lawyer who advertises contingent-fee litigation services may not use statements like 'no fee without recovery' or 'no charge unless we win' if the lawyer intends to recove…
Can a law firm use electronic or digitized signatures, instead of wet-ink signatures, on checks drawn from its attorney trust or IOLA account, and process them in batches?
Yes. Rule 1.15(e) requires only that an authorized signatory be a New York-admitted lawyer; it does not require a handwritten signature. A firm may use digitized signatures and batch processing as lon…
Must a lawyer report another lawyer who merely says out loud that he is thinking about violating an ethics rule?
The opinion concludes there is no duty to report, because Rule 8.3(a) requires reporting only a known violation that raises a substantial question of honesty, trustworthiness, or fitness, and an oral …
When a client fires a lawyer, what part of the file must the lawyer hand over, and can the lawyer charge to copy it or withhold parts?
Absent a valid lien, a lawyer must give the former client the entire file, with narrow exceptions (another client's materials, the lawyer's own relationship documents, internal administrative records,…
After a North Carolina lawyer wins a judgment against a former client for unpaid fees, can the lawyer give the sheriff the client's bank account information learned during the representation to help execute on it?
No. Disclosing the former client's bank account information to the sheriff would violate Rule 1.6(a). The self-defense exception in Rule 1.6(b)(6) covered proving the services in the fee suit, but tha…
Can a North Carolina lawyer negotiate for a job at the law firm representing the opposing party in a matter the lawyer is handling?
Yes, but only with the client's informed consent. A lawyer who is representing a client or holds confidential information about the matter may not engage in substantive employment negotiations with th…
Must a lawyer report another lawyer's misconduct to bar counsel when the lawyer learned of it from a document that may be client confidential information?
Rule 8.3 requires a report when the lawyer has a firm belief the violation more likely than not occurred. But if the supporting document is the client's confidential information under Rule 1.6, the re…
After a client dies, can the lawyer release the client's will-execution file during a will contest when no estate representative has been appointed?
No. The duty of confidentiality survives the client's death, and until a personal representative or other fiduciary is appointed who can consent, the lawyer may not release the file absent a court ord…
Can a lawyer represent a second client against a defendant the lawyer is already suing for a different client?
It depends on the facts. The lawyer must evaluate whether confidentiality or conflict problems exist under Rule 1.7 and discuss them with both clients before taking on the second representation; if ei…
When a lawyer moves to a new firm and clients follow, do the old firm's fee agreements still work or must new ones be signed?
New engagement letters should be signed for hourly matters and must be signed for contingent matters, even if no terms change. Any material change to the terms after the representation began must be j…
Can a lawyer pay a bar association referral service a fee when that service will share it with another bar association's referral service?
Yes. The opinion concludes a lawyer may pay a referral fee to a bar association's qualified lawyer referral service even when that service shares part of the fee with a second bar association referral…
Can a lawyer use a nonlawyer-owned online service to find and hire per diem lawyers for court appearances, and does the client have to consent?
Yes. A lawyer may use or list in a nonlawyer-owned online per diem directory if the service does not recommend or select the lawyers, is open only to lawyers, and charges a flat fee. Client consent is…
Can a law firm's retainer agreement give the firm 20 days to be paid and then automatically charge the client's credit card for the full unpaid balance?
Yes, a retainer may secure fees by credit card and auto-charge amounts unpaid after 20 days, but only if it expressly tells the client of the right to dispute any invoice and seek fee arbitration befo…
Is a lawyer ethically required to accept every prospective client, and can refusing a case ever be unlawful discrimination?
No, a lawyer is generally free to decline any prospective client, but that freedom is limited by anti-discrimination law: Rule 8.4(g) bars unlawful discrimination in the practice of law. Whether a par…
Can a New Mexico personal injury lawyer agree to personally indemnify the opposing party against third-party claims as a condition of the client's settlement?
No. A lawyer who personally guarantees, from the lawyer's own funds, to indemnify the opposing party against future third-party claims provides prohibited financial assistance to the client and create…
May insurance-retained defense counsel disclose to the carrier evidence the counsel obtained from a third party that could let the carrier deny coverage to the insured?
No. Defense counsel cannot disclose coverage-defeating information to the carrier even when learned from a third party; the irreconcilable tripartite conflict requires mandatory withdrawal.
How much can a lawyer tell the court about why they want to withdraw from a case without violating client confidentiality?
The committee concluded that a lawyer may always tell the court there is a basis for withdrawal under RPC 1.16, or that professional considerations require it, without revealing the specific reason; f…
Can a Tennessee firm form an interstate partnership operating under a trade name and share a building with a title company it is affiliated with?
Formal Ethics Opinion 2017-F-164 concludes that interstate law firm partnerships are permitted if they comply with the Tennessee Rules, may use a trade name if it complies with RPC 7.1 and 7.5, and ma…
Can an in-house lawyer for one corporate subsidiary also provide legal services to another subsidiary of the same parent?
Yes. The opinion concludes an in-house lawyer may represent multiple subsidiaries of the same parent, including on the unrelated matter presented, while remaining attentive to Rule 1.7 conflicts and R…
Can one lawyer represent both the buyer and the seller in a real estate transaction, even if they are related and consent?
Almost never. The opinion concludes that representing a buyer is directly adverse to representing the seller under Rule 1.7, and the rare cases where dual representation could be proper depend entirel…
Can a lawyer who is helping a husband prepare for divorce also represent both spouses in a short sale of their home?
Only rarely and only with informed consent. The opinion concludes the short-sale representation is directly adverse to the wife under Rule 1.7(a)(1), and it will be a rare case where the lawyer can re…
Can a lawyer advertise a 'Best Lawyers' or 'Super Lawyers' designation and use the organization's badge in marketing?
Yes, if the designation rests on strict, objective, verifiable standards, the standards (or where to find them) and the year are disclosed, the source is clearly attributed, no payment is required to …
How long must an Illinois lawyer keep closed client files, and can the firm destroy them without notifying former clients?
The opinion concludes a ten-year (and generally a seven-year) retention period for ordinary closed files is reasonable; trust and financial records must be kept seven years and client-identity records…
Can a lawyer with a virtual practice use a post office box, instead of a home or street address, as the office address in advertising?
Yes. A post office box satisfies Rule 7.2(d)'s requirement of an office address for at least one responsible lawyer, provided the PO box is on file as the lawyer's current mailing address in the Attor…
Must a lawyer disclose a client's drug addiction to the court to prevent reasonably certain death or substantial bodily harm?
Not automatically. The opinion concludes that whether Rule 1.6(c) requires disclosure is intensely fact-sensitive, and a client's addiction alone, without aggravating circumstances, does not make harm…
When representation ends, what must a Wisconsin lawyer give the client from the file, and can the lawyer hold it for unpaid fees?
The opinion concludes that the file is the client's property and SCR 20:1.16(d) requires the lawyer to surrender it on request when representation ends, including in a usable electronic format if that…
How much can a lawyer disclose when moving to withdraw from a case for unpaid fees?
Only the minimum needed. The opinion concludes that a lawyer should first cite 'professional considerations,' and if the court demands more, Rule 1.6(b)(5) permits disclosing only the confidential inf…
Can a criminal defense lawyer represent a defendant when the lawyer's spouse is a police officer or detective at the arresting agency?
The opinion concluded that a lawyer is not categorically barred from defending a criminal client when the lawyer's spouse is an officer or detective at the arresting or investigating agency who is not…
Do solo lawyers who share office space but are not a firm have to follow the fee-splitting rules when they divide a fee?
The opinion concluded that lawyers who practice in association but are not in a partnership, of counsel, or other recognized firm relationship are not in the 'same firm' under Prof. Cond. R. 1.5(e), s…
Must a lawyer keep confidential what a prospective client said in a consultation even if the lawyer was never hired, and can the lawyer be an impeachment witness?
The opinion concluded that under Prof. Cond. R. 1.18 a lawyer owes a duty of confidentiality to a prospective client about information learned in a preliminary consultation, even if no representation …
Can a lawyer licensed in another state open an Ohio office to handle only federal matters, and how must the letterhead read?
The opinion concluded that an out-of-state lawyer admitted and in good standing elsewhere who is authorized to appear before a federal court or agency in Ohio may maintain an office or systematic and …
How must a lawyer handle a fee that has to be split with a lawyer at another firm?
Treat the other lawyer as a third person under Rule 1.15. The opinion concludes that the lawyer who receives the fee must hold it separate from the lawyer's own property, promptly notify the other law…
Can a prosecutor (or anyone in the prosecutor's office) prosecute a defendant whose bail bondsman is the prosecutor's spouse?
Per the Committee, not unless the government consents under Rule 1.06(c), or unless on the specific facts the prosecution does not reasonably appear to be adversely limited by the prosecutor's respons…
If two lawyers are married and their firms represent opposing parties in the same matter, is there a conflict, can it be cured by consent, and is it imputed to everyone at each firm?
Per the Committee, marriage between lawyers at opposing firms does not automatically create a conflict, but it does under Rule 1.06(b)(2) when the representation reasonably appears to be adversely lim…
What must a Texas lawyer do to keep confidential metadata out of documents they send, and what may a lawyer do with metadata they receive from opposing counsel?
Per the Committee, a lawyer's duty of competence and confidentiality (Rules 1.01 and 1.05) requires reasonable measures to remove confidential metadata before sending documents; on the receiving side …
Can a lawyer host educational seminars and webinars for non-lawyers, publicize them, and discuss representation with attendees afterward?
Yes. The opinion concludes a lawyer may organize and present such programs and follow up about representation, subject to the advertising and solicitation rules: a hiring pitch can turn the program in…
Can a lawyer pay a client's settlement funds on a fully-loaded pre-paid debit card instead of by check?
Yes. A lawyer may give the client that option and use a pre-paid debit card to pay funds the client is owed, provided the lawyer adequately discloses the relative merits and costs of the payment metho…
Can a lawyer refer clients to a third-party lender to finance the lawyer's fees, when the lawyer pays the lender and gets loan-status updates?
Yes, if the lawyer obtains informed consent and complies with Rule 1.8(f), and the fees the lawyer pays the lender do not amount to financial assistance to the client under Rule 1.8(e). The lawyer sho…
I once drafted powers of attorney for a woman's parents that named her as successor agent, but I never represented her. Can I now represent her husband in their divorce?
The panel concluded there is no conflict. Because the attorney never performed legal work for the wife, she is not a former client owing the attorney no duties; the former clients were her parents, to…
Can a Virginia lawyer train social workers to help pro se litigants fill out small-claims forms without assisting the unauthorized practice of law?
The opinion concludes that, because UPL Op. 207 holds a non-lawyer who selects forms or gives legal advice to a pro se litigant engages in the unauthorized practice of law (mere dictation-based transc…
How does Virginia classify retainers, advanced fees, fixed fees, and contingent fees, and when must a fee go in trust or be refunded?
A true retainer (paid to secure availability) is earned when paid and is the lawyer's property, so it stays out of trust; advanced legal fees and fixed fees belong to the client until earned and must …
How may a D.C. lawyer use social media in representing clients, including reviewing an opponent's posts, advising on a client's own accounts, and preserving evidence?
The opinion concludes that competent and diligent representation under Rules 1.1 and 1.3 may require a lawyer to understand, use, and review social media, and to advise clients about the confidentiali…
Do the D.C. ethics rules apply to a lawyer's social media accounts, including a personal page, and what must a lawyer watch for in posts, reviews, and endorsements?
The opinion concludes that the D.C. Rules apply to a lawyer's use of social media for both business and personal reasons, and that any social media presence, even a personal page, may be considered ad…
Can a lawyer use a web bug or email tracking device to monitor documents sent to opposing counsel?
No. The opinion concludes that using a web bug or tracking device to monitor how opposing counsel handles documents violates Rule 8.4 and impermissibly infringes on the duty to preserve client confide…
Can a Florida lawyer refer clients to a finance company that loans them money to pay legal fees?
Yes, if the lawyer has no interest in the lender, offers other payment options, charges no higher fee, keeps the representation regardless of repayment, and gets no benefit beyond the fee.
Can a Florida personal injury lawyer forgive part of the advanced costs a client owes out of a small settlement?
Yes, in the circumstances presented: where there was no upfront agreement to be unconditionally responsible, the forgiveness occurs after settlement, and the lawyer takes no fee.
Can a private New York law firm call itself 'Jane Doe Legal Services, PLLC'?
No. The opinion concludes that 'legal services' is too 'like' the terms reserved for qualified legal assistance organizations under Rule 7.5(b), and the legal-clinic safe harbor does not extend to it,…
Can a criminal defense lawyer advise a client about drug treatment and a court diversion program, and recommend it even if failing carries harsher penalties?
Yes. Under Rule 2.1 the lawyer may advise on non-legal considerations like treatment and must competently explain the risks and alternatives, but under Rule 1.2(a) must follow the client's decision; d…
Can a West Virginia lawyer borrow from a third-party lender to advance litigation costs in a contingent-fee case, and pass the loan's interest and costs on to the client?
Yes, with conditions. The Board concludes the Rules of Professional Conduct do not bar a lawyer from borrowing from a third-party lender to fund litigation costs, and the actual interest and costs may…
Can an Ohio lawyer use client testimonials and online reviews in advertising, and do they need disclaimers?
The opinion concluded that a lawyer may use a client testimonial in advertising if it is not false, misleading, or nonverifiable and does not create unjustified expectations; testimonials about genera…
How long can a lawyer hold a client's settlement funds in trust to let the check clear before paying the client?
The opinion concluded that a lawyer may hold client funds in trust for a reasonable period to confirm the deposited check has cleared, and that one week to ten days is reasonable given federal banking…
Can a Colorado lawyer charge interest or a finance charge on a client's unpaid legal fees, and does the lawyer have to disclose it in advance?
The opinion concludes that a lawyer may contract to charge reasonable interest on unpaid fees and expenses, but may not unilaterally impose interest or a finance charge absent a prior agreement with t…
If a firm partner is a part-time public defender, can another lawyer in that firm take assigned cases the public defender's office is conflicted out of?
Not without informed written consent. A part-time public defender's conflicts run to the whole PD office and then are imputed across his private firm, so other firm lawyers are disqualified from cases…
Can a lawyer secure unpaid legal fees by having the client sign a promissory note and a mortgage on the client's property?
Yes, but it is a business transaction under Rule 1.8(a): the terms must be fair and reasonable, fully disclosed in writing, the client must give informed written consent, and the client must be advise…
If I receive the opposing party's confidential information, whether a client stole it or it was sent to me by mistake, do the Texas rules require me to notify opposing counsel?
Per the Committee, no; Texas has not adopted ABA Model Rule 4.4(b), so failing to notify opposing counsel does not by itself violate the Texas rules, whether the information was taken without consent …
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.