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 hired and paid by a bank draft and submit a corporate client's pension plan to the IRS when the lawyer must represent the corporation's interests?
The opinion concluded that the arrangement was improper because the firm, though employed and paid by the bank, would have to represent the corporate employer's interests before the IRS; the better pr…
Is it a conflict for a lawyer to represent a bank while being paid by a client whose business the bank and an insurance company solicited?
The opinion concluded that the arrangement created a conflict of interest and was improper, following its companion Opinion 64-71; it also flagged that the lawyer's set fee had to bear a reasonable re…
Can a lawyer prepare estate analyses for insurance agents to use with their prospects, with the fee tied to insurance sales?
The opinion concluded that preparing the analyses for the agents was improper as practice through an intermediary, and that, even otherwise, a fee made contingent in whole or part on the sale of insur…
Can a lawyer who sued in his own name as his client's assignee keep the money collected to pay off fees the client owes him in other matters?
The opinion concluded he cannot. Suing as an accommodation assignee is not itself a violation, but taking the assigned claim or the money collected as payment of fees earned in other matters amounts t…
Can a municipal attorney who heads the town's law department represent a pedestrian injured in an accident within the municipality?
The opinion concluded he is not precluded on these facts, where the police took no action and no member of the law department was involved, but the Committee reiterated that an attorney in such situat…
Can a lawyer take part in a real estate closing run at a title company's office where the buyer has no lawyer and the title company handles the paperwork?
The opinion concluded that the lawyer may participate, because the title company's described activities do not clearly amount to the unauthorized practice of law, but if the title company prepares leg…
Can a lawyer serve as a board of education's attorney when his law partner is the attorney for the township?
The opinion concluded that he may, because the township and the board of education are distinct and separate entities with neither able to interfere with the other, so no conflict exists, but both par…
Can a lawyer let his name be listed under 'Lawyers' in a chamber of commerce business directory that urges readers to patronize its members?
The opinion concluded that the listing was professionally improper. Because the directory's purpose was promotional, with slogans urging readers to patronize its members, the attorney listing fell wit…
Can a lawyer's firm defend a wrongful-death action when a partner once represented the deceased in a marital dispute with the plaintiff widow?
The Committee concluded the representation was improper. The partner's knowledge from representing the deceased husband in the prior marital separation was chargeable to the firm and would be used aga…
Can the attorney for a residential developer, who also represents the construction lender, represent an individual buyer purchasing a home in the tract?
The Committee concluded that, unlike an isolated sale, a developer's attorney generally cannot also represent a home buyer, because the desire to keep the developer's and lender's business and his int…
Can a lawyer hire an independent non-lawyer adjuster to negotiate and settle a client's accident claim, and pay that adjuster a percentage of the settlement?
The Committee concluded it was improper. Engaging a layman to settle the claim offended the canons against lay partnerships and lay intermediaries, and to the extent it let the adjuster perform legal …
May a former judge or a sitting magistrate be addressed as 'Judge' while practicing law, or use the title 'Judge' on stationery?
The Committee concluded that calling an advocate 'Judge' during a trial was improper because it could suggest preferential treatment, and that a magistrate could use 'Judge' on stationery for official…
Can two law partners each represent a different municipality when the municipalities take opposing positions in the same county-tax litigation?
The Committee concluded a conflict of interest existed. Because the litigation could reduce one municipality's county tax while increasing the other's, the two partners could not represent the opposin…
Can a local bar association keep a shared file listing clients who are delinquent on attorney's fees, and may a lawyer take on a client who still owes another lawyer?
A majority of the committee found a bar-association reference file of fee-delinquent clients unprofessional and possibly contrary to the confidentiality canon; it also stated it is not unethical for a…
Can a lawyer notify former will clients that a change in federal tax law may affect the wills the lawyer drafted for them?
The opinion concluded that a lawyer may notify clients whose wills the lawyer prepared of changes in federal tax law that may affect those wills, subject to conditions, and that any indirect suggestio…
Can a law firm give its will clients a printed memorandum, bearing the firm's name, explaining events that could affect their wills?
The opinion concluded that a firm may give testators of wills it prepared a printed memorandum bearing the firm's name that generally explains how asset changes or family events could affect a will, a…
Can a lawyer do a savings and loan association's general legal work for free or a nominal fee in exchange for its title-examination work, and how are the title fees handled?
A majority concluded that a lawyer may do an association's non-title legal work gratuitously or for a nominal fee, treating the title-examination fees as aggregate compensation; the title fees must be…
Can a full-time assistant city attorney who also leads a city-employee association present the association's pension-plan changes to city officials?
The opinion concluded that the lawyer could not ethically present the association's pension proposals to city officials because of the conflict between his duty to the city and his leadership of the a…
Can a mortgage company's attorney charge the seller a fee at a closing where the attorney represents the lender and the seller has no lawyer?
Three responding members concluded that the lender's attorney may not charge the seller a fee absent an agreement with the seller, but may collect a reasonable fee, as part of the closing costs, where…
Can a municipal prosecutor represent his own client on appeal to the county court, challenging a conviction from the same municipal court he serves?
The Committee concluded it would be improper. A municipal prosecutor is in effect the municipality's attorney, so appearing on a county-court appeal that challenges the municipal court's determination…
Can the counsel to a municipal parking authority also represent private clients before that municipality's court or its other public agencies?
The Committee concluded he cannot. Although a parking authority is largely autonomous, it is by statute an agency and instrumentality of the municipality, so its counsel may not represent private clie…
Can a Florida lawyer list an out-of-state lawyer's name on the firm letterhead when they work together but are not partners?
The opinion concluded that it is improper to list an out-of-state lawyer's name on a Florida firm's letterhead when no partnership exists between them, even though they work jointly on many matters.
Can a lawyer take over a retiring attorney's cases and pay him a share of future fees, or a lump sum, for the goodwill of the practice?
The Committee concluded both arrangements were improper. Paying a retiring attorney a percentage of future profits or a lump sum for his practice and goodwill violated the canon against dividing fees …
Can one attorney represent both defendants accused of adultery in two separate divorce suits arising from the same conduct, where each defendant consents?
The Committee concluded there was no impropriety. Assuming the adultery involved the same facts and each defendant gave full, unequivocal consent, the defendants had a common interest with no conflict…
Can a lawyer belong to a Chamber of Commerce and let his name be listed in a booklet the Chamber publishes for advertising?
The Committee concluded the lawyer could be a member of a Chamber of Commerce, but could not permit his name to be listed in the booklet because the booklet's purpose was, at least in part, advertisin…
Must a lawyer withdraw from representing a client just because the lawyer expects to be called as a witness by the opposing party?
The opinion concluded that a lawyer need not withdraw simply because he expects to be called to testify by his adversary; withdrawal is required for testimony a lawyer gives on his own client's behalf…
Can a nonlawyer office manager draw checks on a firm's client trust accounts and on the firm account?
Yes. The committee found no impropriety in a nonlawyer office manager drawing checks on client trust accounts upon proper authorization from the responsible attorney, or on the firm account when autho…
Can a lawyer keep an office inside a corporate client's claims department to handle the company's claims and defense work?
The opinion concluded that a lawyer may maintain an office in a corporate client's claims department to handle settlement and defense of claims against the company, provided he carries on his other la…
Can a lawyer sign affidavits for a client on formal or procedural matters even when the client is available locally to sign?
The opinion concluded that an attorney may ethically prepare and sign affidavits for a client as to formal or procedural matters even if the client is available, provided the attorney has personal kno…
Can a lawyer prepare estate analyses that an insurance firm presents to its prospects as the work of the firm's attorney?
The committee unanimously found it improper for a practicing attorney to prepare an estate analysis presented to an insurer's prospect as the agency's attorney's work, and a majority also disapproved …
Can a law firm obtain Florida Bar pamphlets for a savings and loan association to display and distribute to the public?
Yes. The committee found nothing improper in a firm securing copies of a Florida Bar will pamphlet for a savings and loan association to display and distribute to the public, and commended the practic…
Can a contributing author's brief biographical sketch be included in a Continuing Legal Education manual?
Yes. The committee found it not improper to include a brief, dignified biographical sketch of a contributing author, which might name the author's law firm, because the CLE manuals were distributed on…
Can a lawyer accept employment from a real estate broker's tax-advisory company that solicits taxpayers and hires the lawyer to pursue their tax-reduction claims?
No. The committee found it highly improper for a lawyer to take employment from a broker-run tax-advisory company that solicits the business and selects and pays the lawyer, holding it amounts to prac…
Can a lawyer try a will contest for the estate when his own partner, who witnessed the will, must testify to the decedent's competency?
The Committee concluded it could be proper. Canon 19's reference to 'other counsel' does not necessarily exclude a partner of the lawyer-witness, so each case turns on its facts, with full disclosure …
Can lawyers contribute to and solicit funds for a judicial candidate's campaign, and what campaign tactics are off-limits?
The opinion concluded that lawyers may contribute reasonable amounts to judicial-campaign funds and solicit contributions from others, but may not give or receive excessive contributions or ones sugge…
What kinds of public statements about a pending case may a lawyer not make to the press, radio, or television?
The opinion set out a statement of principles, embellishing Canon 20, identifying categories of statements about pending civil and criminal cases that lawyers should not originate for publication, suc…
Can a lawyer participate in a for-profit corporation that offers legal services alongside architectural, engineering, and accounting services to the building trade?
No. The committee found it highly improper for a lawyer to participate in a profit-making corporation rendering combined legal, architectural, engineering, accounting, and surveying services that adve…
If one member of a law firm serves as a municipal councilman, can another member be attorney for the same town's elected board of education?
The Committee concluded there was no conflict. Because the elected board of education was autonomous and chose its own employees without the council's approval, the council and the board operated as d…
Is it ethical for a lawyer to sue the partners and associates of a law firm that guaranteed payment of a mortgage sold to the lawyer's client?
A majority found it not unethical to proceed against the partners or associates of the firm that guaranteed the mortgage, while expressing no opinion on their actual legal liability and cautioning tha…
After leaving office as county counsel, can a lawyer represent a private client in an action against the county board of freeholders?
The Committee concluded he may not if the new matter relates in any way to matters he handled as county counsel. A public-agency former client cannot consent to the conflict, and the lawyer must resol…
Can the attorney for an elected board of education represent private clients before the town's other boards or in matters against the town itself?
The Committee concluded there was no conflict. An elected board of education is autonomous and distinct from the municipality, so its attorney may appear for private clients before municipal boards an…
Can a developer's salaried attorney handle condominium closings for a flat fee without clearly telling buyers they should retain their own independent counsel?
The Committee concluded the attorney acted improperly. The flat closing fee covering 'all other usual closing costs' and the lukewarm notice that buyers could retain counsel did not amount to the full…
Can a firm keep a partner's name in the firm name after he becomes a judge, and may a long-deceased predecessor's name stay on the letterhead?
No to the judge: a partner who becomes a judge and is precluded from practice must be dropped from the firm name. A majority found the long-deceased predecessor's name could still be listed on the let…
Can a former judge appear as a lawyer in a case that was pending in his court if he never ruled on its merits?
Yes. The committee concluded that a circuit judge who left office could appear as an attorney in a case filed in his court while he sat, provided he had not acted on the merits and ruled only on perfu…
Can a lawyer who serves as a trustee on a municipal library board also act as the paid attorney for that same board?
The Committee concluded he should not. A library trustee who is an attorney becomes an adviser to himself when he represents his own board, an inherent conflict like the dual representation Canon 6 fo…
May a lawyer in the National Guard or military Reserve, while on drill or short active duty, perform civilian legal work (wills, abstracts, personal legal problems) for unit personnel?
No. The committee concluded that using a Reserve or Guard lawyer's active-duty time to render personal civilian legal services to unit personnel defeats the purpose of that duty and is improper, in th…
May a lawyer buy a listing in a paid classified directory published by a private firm that solicited him?
No. The committee concluded that under Canon 43 a paid listing in such a private classified directory is clearly prohibited; the only permitted listings are a simple yellow-pages entry, legitimate cit…
May a lawyer have his name listed under more than one classification in a city directory's classified section?
No. The committee concluded that a lawyer may not appear under more than one classification, whether or not an extra charge applies, because directory listing is proper only when all local Bar members…
May a lawyer be listed in a civic club or Chamber of Commerce directory if he pays an extra fee, or if the directory circulates outside the membership?
No to the paid listing: the committee concluded that under Canon 43 a lawyer may not purchase a directory listing except in an approved law list. If the directory circulates beyond the membership, a c…
May a lawyer submit biographical data to a 'Who's Who' type directory when listing requires paying a fee or buying a copy of the publication?
No. The committee concluded that a lawyer may not submit biographical data to a 'Who's Who' type publication if he must pay a fee or, as a prerequisite, must subscribe to purchase the completed volume…
Can a lawyer give a newspaper an interview and resume of his practice for a 'father and son businesses' feature column?
The Committee concluded he could not. A photograph and resume of the lawyer's background, experience, and clients in a feature column had the appearance of advertising and would violate Canon 27, even…
Can a lawyer who sits as an unpaid member of a municipal board of health represent private clients before the town's other agencies and its municipal court?
The Committee concluded he could not. An attorney who holds office as a board-of-health member may not appear for private clients before the other municipal agencies or the municipal court of the same…
Can a New Jersey firm form a patent-law association with a lawyer admitted only in D.C. and list him as 'Patent Attorney' on its letterhead?
The Committee concluded the association and listing were improper. A New Jersey firm is presumed to consist of New Jersey-admitted lawyers, so a patent attorney not admitted in the state could not be …
Can a lawyer allow a product manufacturer to run a legal-periodical 'article,' with his photograph, praising his use of the company's dictation machine?
The Committee concluded he could not. A lawyer's cooperation in such a manufacturer-sponsored article portraying his advantageous use of the product would violate the advertising prohibition of Canon …
Do government regulations that cap attorneys' fees, like the Veterans Administration's limits on VA-guaranteed mortgage closings, conflict with the rule that lawyers may not let others fix their fees?
The Committee concluded there was no conflict. Its prior opinions barring lawyers from letting others fix their fees did not apply where fees are set or limited by federal or state law or regulations …
Can a lawyer set a fee in advance for handling a client's estate through a provision in the will or a separate agreement?
The committee found no ethics problem with a lawyer setting a reasonable estate-handling fee in advance, by a will provision or separate agreement, while noting the lawyer is under no duty to fix fees…
Can lawyers and judges take part in an educational television program that discusses legal matters for the public?
The committee encouraged a noncommercial, bar-sponsored educational television program, with one reservation: actual cases should not be discussed and hypothetical situations should be substituted, wi…
Can a lawyer be engaged by a commercial collection agency to sue the debtors of the agency's customers?
No. The Committee concluded it is improper for an attorney to be engaged by a commercial collection agency to institute suit against debtors of the agency's customers, because the engagement lets a la…
Can a seller's attorney accept a fee paid by the buyer, under the sale agreement, for legal services the attorney rendered only to the seller?
The Committee concluded it was proper, provided the seller's attorney fixes the fee himself under Canon 12 and it is reasonable compensation agreed with the attorney, not a fee set solely between the …
Can a lawyer who represents a lending institution take referrals of its loan customers and also represent the seller, buyer, or borrower in the same deal?
The opinion concluded that a lawyer for a financial institution may not let the institution systematically refer its loan customers to him for their own legal services, and may not represent the selle…
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.