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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May a lawyer write a series of general legal-information articles for a local free newspaper?
Yes. The committee concluded a lawyer may write articles giving general information on the law, so long as he does not answer questions of a specific nature or attempt to advise individuals about thei…
Can a lawyer disputing his fee with a subrogated insurer tender the funds into court for the judge to set the fee?
Yes. The committee said a lawyer who disputes a subrogated insurer's view of his fee acts ethically by tendering the money into the registry of the court and asking for a judicial determination, and i…
Can the bar or a lawyers' association set up a revolving fund to lend money to needy personal injury plaintiffs during their cases?
The committee did not reach a single conclusion. Members aired competing views, including that financing plaintiffs could tend toward champerty, that a lawyer forced to contribute would hold a conflic…
Can a Wisconsin law firm incorporate as a service corporation, and how must its name and any profit-sharing plan be handled?
Pending ABA Opinion 303, the committee gave informal thoughts: lawyers in a law corporation must stay personally responsible to clients, the firm name must add a corporate designation (S.C., Chartered…
Can a lawyer's radio announcement promoting a charity event mention that he will not be practicing law that day?
The Committee concluded that a lawyer who made a radio announcement urging the public to attend a charity golf tournament could not properly include the statement that 'We will not be practicing law n…
Can a lawyer who co-owns an office building call it the 'Lawyers Building' when it is built for only a limited number of lawyers?
The Committee concluded that calling a building the 'Lawyers Building,' where it was designed for only thirty to thirty-five lawyers and treated as a limited number, did not violate the minimum ethica…
Can a lawyer who is president of an abstract company let it issue certified 'Property Reports' on land titles without aiding the unauthorized practice of law?
The Committee concluded that an abstract company's use of a certified 'Property Report' form does not necessarily mean it is practicing law, but the form is so conducive to the unauthorized practice o…
Can the same lawyers represent both individual county commissioners and the county itself when a taxpayer sues to stop illegal expenditures?
The Committee concluded that, where a taxpayer sought to enjoin county commissioners from making illegal expenditures and the county was added as a defendant, the potential conflict between the commis…
Can a lawyer act as surety on a client's criminal bond without violating the rules against advertising and solicitation?
The Committee concluded that it is not unethical for a lawyer to act as surety on a client's criminal bond when there is no element of advertising, solicitation, touting, or serving as a 'feeder' for …
Can a lawyer admitted in both Texas and New York send an announcement card about opening a New York office in association with a New York lawyer?
The Committee concluded that an announcement card by a lawyer admitted in both Texas and New York, listing his Texas office and the New York address of his new association with a New York lawyer, was …
Can a lawyer who also works as a marriage counselor advertise his bar membership and legal training in ads for the counseling business?
The Committee concluded that when a lawyer is engaged in an independent activity that by its nature probably results in counseling another person on legal matters, for pay, he may not refer to being a…
Can a lawyer who does not practice criminal law serve as attorney-in-fact for a surety company that writes criminal bail bonds?
The Committee concluded that it is not per se unethical for a lawyer who does not practice criminal law to act as attorney-in-fact for a surety company that writes bail bonds, but it would violate Can…
Can a lawyer use his law-office letterhead for correspondence on behalf of a civic or non-profit organization he serves?
The Committee concluded that a lawyer may use his professional letterhead for correspondence relating to a non-profit or non-business association, and the line between proper and improper use is drawn…
Can a lawyer serve as chairman or a member of a church's Committee on Wills and Legacies without violating the rules on solicitation?
The Committee concluded that there is nothing unethical per se about a lawyer serving as chairman or member of a church's Committee on Wills and Legacies, and that such service is commendable; it caut…
May a lawyer's wife testify for the lawyer's client when no other witness is available?
Yes. The committee concluded that where no other witnesses to a mother's fitness for custody are available, the lawyer's wife may testify for the client, because Canon 19 limits only the lawyer's own …
May a lawyer let his name appear on a government agency's list of 'qualified examiners,' and may a lay company advertise 'Bonded-Lawyers' on a form it gives its customers?
No to both. The committee concluded that letting one's name appear on the FAA's list of qualified examiners amounts to soliciting business in violation of Canon 27, and that a lay company's use of the…
May a lawyer write jurors to compliment their service, thank them for a verdict, or question them after discharge about their deliberations?
No. The committee concluded that writing jurors offends the spirit of Canon 23 and is indirect advertising under Canon 27, that thanking jurors for a verdict curries favor and embarrasses them, and th…
May a lawyer appointed Acting County Attorney keep a separate law office and a private practice?
Yes. The committee concluded an Acting County Attorney appointed under 19 O.S.A. § 187 may, and indeed should, maintain a separate office for private practice, but must avoid any employment in which h…
May a lawyer be on the FAA's distributed list of 'qualified examiners,' and may a lay company advertise 'Bonded-Lawyers' on its order forms?
No to both. The committee concluded that appearing on the FAA's distributed examiner list is soliciting business under Canon 27, and that a lay company's 'Bonded-Lawyers' advertising flagrantly violat…
May lawyers form a professional corporation under Oklahoma's Professional Corporation Act and practice law in that form?
Not yet, at the time. The committee concluded that practicing law as a professional corporation does not itself violate the canons, but because the canons do not affirmatively permit it and corporate …
Can a foundation employ a house lawyer to prepare wills for its guests and constituents while the lawyer represents only the foundation?
No. The committee unanimously found it wholly improper for a foundation to provide a staff attorney, retained solely to represent the foundation, to advise and prepare wills for the foundation's guest…
Can a lawyer who handled a developer's loan closings later represent the bank foreclosing on those mortgages against the developer?
Yes, on these facts. The committee found no objection to a lawyer who previously handled a subdivision's loan and mortgage closings representing the banks in foreclosing those mortgages against the su…
Can a lawyer who acted as coroner in an accident's criminal proceeding represent the victim's husband in the related civil suit?
No. With one member dissenting, the committee concluded a lawyer who, as coroner, investigated the accident, impaneled a jury, and issued a manslaughter warrant should immediately withdraw and sever a…
Can a lawyer sue a party represented by another lawyer who is listed 'of counsel' on the suing lawyer's letterhead?
No. The committee found it improper for a lawyer to bring an action against a party represented by an attorney who appears 'of counsel' on the suing lawyer's letterhead, where the two are actually ass…
May a Florida lawyer hold a share of stock in a professional service corporation formed by a group of accountants?
No. The committee concluded that the professional service corporation statute (F.S. 621.01 et seq.) permits stock to be issued only to individuals licensed to render the same professional service as t…
Can a lawyer keep a client's trust funds based on a casual note saying he is 'welcome to' them?
No. The committee said a client's statement in a Christmas card that the lawyer 'is welcome to' funds he holds for her is not sufficient justification for accepting them; the lawyer should determine a…
May a lawyer write directly to a town board that is represented by counsel to criticize its decision to appeal his case?
No. The committee concluded that writing directly to the represented town board violated Canon 9; once litigation has begun, contact with the adversary must go through its counsel, and the fact that t…
May an attorney's name appear in a newspaper notice of an estate or bankruptcy sale without violating the advertising canon?
It depends on degree. The committee concluded that an attorney's name in such a notice is proper if it serves a real purpose and is not in oversized type or a prominent spot, but it violates Canon 27 …
May a finance company's lawyer arrange and pay for its debtor's bankruptcy so the debt survives, and may the debtor's own lawyer take that payment?
No. The committee concluded the arrangement indicates a Canon 6 violation; the finance company's lawyer cannot also represent the debtor, the debtor's lawyer accepting the company's payment cannot giv…
May a lawyer write past will clients suggesting they bring their wills up to date with codicils or new wills?
Qualified yes. The committee concluded a lawyer may remind a former will client of legal or factual changes that may require a review, but he must not ask the client to come in or confer, and must con…
May a Florida firm list on its letterhead out-of-state lawyers not yet admitted in Florida, noting they are not Florida members?
No (majority view). The committee concluded that under the Integration Rule prohibiting practice in Florida by out-of-state lawyers, listing an out-of-state lawyer not admitted in Florida on the firm …
May a lawyer hold an interest in a corporation he sets up to act as fiscal agent for cities on bond issues if he also represents municipalities that hire the corporation?
A lawyer may set up such a corporation, but the committee advised that he should not hold any interest in it if he also represents municipalities that employ the corporation, because of the risk of so…
May a lawyer share office space, a secretary, and possibly a telephone with a CPA in the same building?
Yes. The committee found no impropriety in a lawyer and a CPA sharing a building, a secretary, and possibly a telephone, provided the offices, files, and clients are kept separate and the arrangement …
May an attorney retained by an employees' association also represent the individual members on their personal legal problems?
The lawyer may represent the association as an entity, but the majority concluded that representing the members individually is precluded by Canon 35 unless the traditional attorney-client relationshi…
Can a lawyer sue a client or use a collection agency to recover an agreed, unpaid legal fee?
The opinion concluded that, although lawsuits and controversies over fees should be avoided, a lawyer may ethically recover an agreed, unpaid fee either by suing the client in the lawyer's own name or…
May a lawyer prepare all the closing documents for a real estate transaction at a broker's request, charging the broker, with no contact with the buyer or seller?
No (majority view). The committee concluded that preparing the deed, note, mortgage, and other closing instruments at a real estate broker's request, charging the broker, and having no contact with th…
May a patent lawyer lease desk space for a branch office in a suite occupied by an insurance and real estate broker?
Yes (majority view). The committee found no impropriety in a lawyer whose practice is limited to patent, trademark, copyright, and unfair competition matters leasing space in a broker's suite for a br…
May a lawyer foreclose a mortgage for client A against a corporation wholly owned by B, where the lawyer's partner and firm have represented B?
No, except by express consent of all concerned after full disclosure. The committee concluded that, because the lawyer's partner had represented B and the firm had also represented B, the firm could n…
May a lawyer on a yearly retainer collect the statutory attorney's fees awarded in an eminent domain case and pay them over to the client?
It depends. The committee identified several factors, including whether the condemnation was contemplated when the retainer was set and whether the lawyer-client fee arrangement is fully disclosed to …
May a lawyer holding funds for a client tell the client's creditors he holds the funds so they can garnish them?
No. The committee concluded it is improper for an attorney to advise his client's creditors that he holds funds due to the client so the creditor may proceed against them; the lawyer's duty is to repr…
May a lawyer who is also a CPA practice law while holding himself out as an accountant on his door, letterhead, or elsewhere?
No. The committee concluded a lawyer-accountant must choose one profession to hold himself out in; practicing law while advertising as an accountant would indirectly solicit law business in violation …
May a lawyer accept a referral fee from a savings institution for recommending that a client invest there?
Yes, but only with full disclosure and the client's written consent, after the lawyer makes an independent investigation and concludes the investment is sound, and without abusing the client's confide…
Can a lawyer prepare deeds and closing documents for a non-broker firm that sells home-selling services to property owners?
The opinion concluded that it is improper for a lawyer to prepare legal documents for the sale of real property at the request of a firm that sells home-selling services but does not act as a true bro…
May a former government lawyer take private employment on a matter he did not investigate or pass upon while in government service?
Yes. The committee concluded that a lawyer retiring from government service may accept employment in connection with a matter he did not investigate or pass upon while in that service; here the former…
May a lawyer act as next friend for a hospitalized ward in restoring her civil rights and then serve as her counsel in a later proceeding?
Yes. The committee found no impropriety in a lawyer acting as next friend for a female ward of a state mental hospital in proceedings to reestablish her civil rights and then later acting as her couns…
Can a lawyer take suits referred by a lay collection agency where the agency pays the lawyer, uses his name, and controls the litigation?
The opinion concluded the lawyer cannot. An attorney may not accept employment from a lay collection agency to litigate the agency's customers' claims where the agency pays or divides fees, controls t…
Can a lawyer deposit client funds in his general account instead of a trust account if records are kept and the client is paid promptly?
The Committee concluded that strict compliance with Canon 10 and the better practice is to deposit any check or money in which a client has an interest into a trust account; depositing client funds in…
Can a lawyer represent an employee's workers' compensation claim and also represent both the employee and the employer against the third party who caused the same accident?
The Committee concluded that, provided the lawyer makes full disclosure of the facts bearing on possible conflicting interests, it is not improper under Canon 6 to represent an employee in his workmen…
Can a former assistant county attorney, and his law partner, defend a person the lawyer had handled as a prosecutor while in office?
The Committee concluded that no member of a law firm may represent a criminal defendant if one of the firm's members, while previously serving as an assistant county attorney, had handled or worked on…
Can a group of lawyers name the office building they own and occupy a 'Legal Clinic'?
The Committee concluded that the name 'Legal Clinic' may not properly be given to a building built and used by a group of attorneys as their office, because the name is close enough to advertising and…
Can a lawyer list in the yellow pages of a telephone directory for another town where he has no office, even if that town has no lawyers?
The Committee concluded that attorneys may not list in the commercial or yellow pages of a telephone directory of another town where they have no office, even if that town is in the same county, has n…
Can a lawyer volunteer, without pay, to represent a prisoner he believes was wrongly convicted, when he has no relationship with the prisoner?
The Committee concluded that it would be ethical for a lawyer to volunteer to represent a convicted person to show that he was unjustly convicted, provided the convicted person authorizes the represen…
Can a county bar association have its members mail State Bar educational pamphlets to their own clients in unmarked envelopes?
The Committee concluded that a county bar association may properly distribute educational pamphlets prepared by the State Bar of Texas, and lawyers acting under its direction may mail them to their cl…
Can a Texas lawyer split a fee on a percentage basis with an out-of-state lawyer who forwarded the matter but is not licensed in Texas?
The Committee concluded that a forwarding fee may ethically be paid to an attorney not licensed in Texas, provided he is authorized to act as a forwarding attorney where he is acting; if his activity …
Can a lawyer belong to a Chamber of Commerce that lists members by occupation in its membership directory, including an 'Attorneys' section?
The Committee concluded that it is not unethical for a lawyer to belong to a Chamber of Commerce that lists its members by occupational classification in its membership directory, where the listing is…
Can a lawyer buy a paid professional-card listing in a college alumni magazine's business and professional directory?
The Committee concluded that it is unethical for a lawyer to publish any paid professional advertisement in an alumni magazine or newspaper, even in a section labeled 'Alumni Business and Professional…
Can a defense lawyer write directly to a represented plaintiff, copying the plaintiff's attorney, to request that the plaintiff submit to a physical examination?
The Committee concluded that defense counsel did not violate Canon 9 by writing a letter to the plaintiff with a copy to the plaintiff's attorney when the letter dealt only with the defendant's reques…
Can a lawyer try a case when a partner in the same firm, who drafted the disputed instruments, will be a material witness?
A majority of the Committee concluded that a lawyer may not ethically represent a client in a litigated matter in which the lawyer's law partner will appear as a material witness, because one firm mem…
May a lawyer who serves as county prosecutor defend people accused of crimes in other counties or circuits?
No (majority view). The committee concluded it is improper for a lawyer who is county prosecutor to defend those accused of crimes, even in counties or circuits other than the one in which he prosecut…
May a partner or associate of a public body's attorney appear before that public body for a private client?
No. The committee concluded it is improper for a partner or associate of an attorney who represents a public body to appear before that body for a private client, even where the matter is outside the …
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.