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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Does opposing counsel's consent let a former city attorney take a case barred by the former-government-lawyer rule?
The Board concluded no. Rule 38 admits no exception and Rule 8's consent provision does not apply, because the prohibition rests on public policy that consent cannot waive.
Can a lawyer charge a contingent fee in a divorce case, tied to securing the divorce and to the property or alimony obtained?
The Board concluded no. Contingent-fee contracts in divorce cases are void as against public policy, because they give the lawyer a personal interest in preventing reconciliation, and a divorce is not…
Can a former city attorney who investigated a malpractice case while representing the city later represent the plaintiff against the codefendant doctors?
The Board concluded no. Under Rule 38 the former city attorney could not accept the retainer, because he investigated the facts in his official capacity, and taking the case would risk using official-…
Can a lawyer negotiate directly with the opposing party after that party has discharged his own attorney, even if the discharged attorney claims the discharge was wrongful?
The Board concluded yes. Once the client terminated his attorney's employment, that attorney was no longer counsel, so negotiating directly with the party did not violate Rule 11; the discharged attor…
Can a lawyer negotiate and settle a case directly with the opposing party who is represented by another lawyer?
The Board concluded no. Settling directly with a represented opposing party, without that party's counsel's knowledge, violated Rule 11's prohibition on communicating with a represented party about th…
Can an ex-county attorney who only perfected an appeal while in office, without investigating the facts, later be employed in that same case?
The Board concluded no. Under Rule 38 a former public officer cannot accept employment in a matter he passed on in office; the prohibition is broad and does not turn on how extensive his participation…
Can a criminal-defense lawyer furnish his wife as surety on his clients' appearance bonds, in effect acting as a bond broker?
The Board disapproved. Furnishing the lawyer's wife as surety, as his alter ego, fell within the spirit of the statute barring an attorney from signing bonds in his own cases, violated Rule 31, and im…
Is a newspaper card reading 'General Practice - Fair Treatment' improper solicitation, and is a notice of change of address?
The Board concluded the card is barred solicitation under Rule 29; the phrase 'Fair Treatment' distinguished it from a permissible professional card. A mere notice of removal, by contrast, is not soli…
Can a lawyer about to take office as county judge keep handling collection accounts he took in before taking the bench?
The Board concluded he should not. Although merely collecting accounts is not the practice of law, statute bars a county judge from practicing law, and public policy means a county judge should not en…
Can a lawyer who represented a school district then switch to represent the opposing party against the district, and assist a scheme to evade an appropriation statute?
The Board concluded no. Switching to represent the plaintiff against the former-client school district violated Rule 8 on conflicting interests, and if the lawyer joined a scheme to evade the appropri…
Can a lawyer whose firm holds civil claims against bank officers also be hired as a special prosecutor in the criminal case against those same officers?
The Board concluded it would be improper. A firm with civil claims against the same defendants should not accept employment to assist in their criminal prosecution, because the profession must avoid e…
Can a law firm form and manage a lay claims-adjustment bureau that solicits business and operates out of the firm's office?
The Board concluded no. A lawyer-run adjustment bureau that solicits business and channels it to the firm is condemned as indirect solicitation through a lay agency and as letting a lay agency exploit…
Is a lawyer's enlarged or multi-heading telephone-directory listing improper advertising, and does a lay insurance adjuster who tries workers' compensation cases practice law?
The Board concluded both are improper. A paid directory listing in distinctive type or under multiple headings is advertising barred by Rule 29, and a lay insurance representative who tries cases befo…
Can a lawyer buy a note from his client just before default and then sue on it to collect the principal plus attorney's fees?
The Board concluded the practice is improper. Buying a note in order to sue on it for principal and attorney's fees stirs up strife and litigation, contrary to Canon 28, which the Board identified as …
Can a lawyer represent a bankrupt client and also represent creditors filing preferred claims against that client's bankruptcy estate?
The Board concluded no. Because the interests of a bankrupt and of his creditors are adverse, it is professionally improper for an attorney to represent both the bankrupt and his creditors in the same…
Can a former judge or former county attorney accept private employment in a matter he investigated, passed on, or decided while in office?
The Board concluded no. Rule 38 bars a lawyer from acting as an advocate in a matter on whose merits he previously acted in a judicial capacity, or from accepting employment connected with a matter he…
In a fifty-percent contingent-fee case, must litigation costs be deducted before the fee is split, and can a lawyer take fifty percent of the gross recovery while the client pays all costs?
The Board suggested that costs should be deducted from the gross recovery first and the residue split, because the statute caps the fee at fifty percent of the net amount; a contract giving the lawyer…
Does an accounting firm that prepares incorporation papers and secures business licenses for corporate clients engage in the unauthorized practice of law?
Yes. The Board concluded that incorporating companies and securing foreign-corporation licenses requires legal knowledge and constitutes practicing law, so an accounting firm doing this as a regular p…
Can a lawyer who holds contingent-fee civil damage claims against a criminal defendant also serve as a special prosecutor in the criminal case?
The Board did not flatly condemn it but concluded the arrangement did not tend to uphold the honor and dignity of the profession, given the prosecutor's duty under Rule 7 to see that justice is done, …
Can a lawyer file a denial or a plea of payment the lawyer knows is false in order to delay a judgment the client admits is owed?
The Board of Governors concluded no. Filing a denial or plea of payment the lawyer knows to be untrue, merely to delay a judgment the client conceded was due, violated the lawyer's oath and Rules 17, …
Can a lawyer mail postcards to other lawyers across the state advertising that he writes briefs and will appear in any court?
The Board of Governors concluded no. Soliciting business by circular or advertisement not warranted by personal relations violated Rule 29, and there was no distinction between soliciting the public a…
Can a trust company solicit will business by mail, and what is the position of its lawyer trust officer who takes part in the plan?
The Board of Governors concluded that if the trust company drafts wills or advises on them, it engages in the unauthorized practice of law, and the lawyer trust officer who participates is a party to …
Does a real estate corporation engage in the unauthorized practice of law by giving its customers legal advice through a publication it distributes?
The Board of Governors concluded yes. A lay corporation that, through a periodical sent to its customers, gives legal advice about their rights (such as how to evict a tenant) is rendering a service i…
Are attorneys who were licensed by Territorial or Tribal courts before statehood, but never admitted by the Oklahoma Supreme Court, eligible to practice without examination?
The Board of Governors concluded no. After the 1919 legislation requiring admission by the Supreme Court, attorneys licensed only by the pre-statehood Territorial or Tribal courts who had never been a…
What is the status under the State Bar Act of a non-resident attorney whose name was on the Supreme Court roll when the Act took effect?
The Board of Governors concluded that a person whose name appeared on the Supreme Court roll on June 22, 1929, became a member of the State Bar obligated to pay the required fees, but that the Board h…
Can a corporation have a regular employee, who is not a lawyer, file and handle its cases in a justice-of-the-peace court?
The Board of Governors concluded no. While an individual plaintiff or defendant may appear in person before a justice of the peace, a corporation cannot appear through a non-lawyer employee; it can ap…
Can a lawyer pay to have his photograph and biographical description published in a newspaper feature?
The Board of Governors concluded no. Adopting ABA Opinion 43, it held that a lawyer's paid-for photograph with his name, address, and vocation was solicitation of business by advertising condemned und…
Can a lawyer represent a salary or chattel loan company, including suing to collect notes that carry usurious interest?
The Board of Governors concluded a lawyer may represent such a company on retainer for advisory work, and may sue on indebtedness where usurious interest has been waived, but it is reprehensible to as…
Can a county attorney accept compensation from a crime victim in connection with the prosecution of the alleged offender?
The Board of Governors concluded no. In counties where county attorneys were prohibited from private practice, demanding or accepting compensation for legal services or a reward for official acts was …
Can a lawyer answer listeners' individual legal questions on a radio program?
The Board of Governors concluded that if the answers purported to advise listeners about their individual rights, the conduct violated the spirit of Rule 42, whether or not the lawyer was paid; a lawy…
What counts as the practice of law under the State Bar Act's prohibition on unauthorized practice?
The Board of Governors defined the practice of law as any service involving legal knowledge, whether representation, counsel, or advocacy, in or out of court, rendered in respect of the rights, duties…
Can an Oklahoma lawyer who collects a commercial claim forwarded by a lay collection agency remit part of the contingent fee to that forwarder?
The Board of Governors concluded yes. Rule 36 contained an express exception allowing the established custom of sharing commissions at a commonly accepted rate on commercial-claim collections between …
Does the lawyer-as-witness rule apply to a county attorney who testifies in a criminal case and then continues to prosecute it?
The Board of Governors concluded yes. Rule 21, which directed a lawyer-witness to leave the trial to other counsel, applied to county attorneys and their assistants in criminal cases with the same for…
Does the lawyer-as-witness rule apply to a county attorney who testifies in a criminal case and then continues to prosecute it?
The Board of Governors concluded yes. Rule 21, which directed a lawyer-witness to leave the trial to other counsel, applied to county attorneys and their assistants in criminal cases with the same for…
Can a lawyer use runners or touters to bring in business, or maintain a standing business association with a habitual usury violator?
The Board of Governors concluded no to both. Knowingly accepting the services of runners or touters to secure business violated the rules and could result in disbarment, and a standing business associ…
Can a lawyer who runs a collection service mail circular letters to merchants' associations soliciting accounts to collect?
The Board of Governors concluded no. Mailing such solicitation letters was solicitation of business by circular not warranted by professional relations under Rule 29, and using a collection-service ag…
Can a lawyer advertise or mail circulars to other lawyers offering to research and write briefs for them for a fee?
The Board of Governors concluded no. Soliciting business by circular or advertisement not warranted by personal relations was unprofessional under Rule 29, so a lawyer who advertised brief-writing ser…
Can a non-lawyer practice before a justice of the peace, and can a lawyer give a layman a power of attorney to sign pleadings and commence lawsuits in the lawyer's name?
The Board of Governors concluded no on both points. A non-member of the State Bar who practices before a justice of the peace commits a misdemeanor, and a lawyer who delegates authority to a layman to…
Can a corporation set up an in-house legal department and advertise legal services to the public by employing licensed lawyers to do the work?
The Board of Governors concluded no. A corporation that furnishes legal services to its customers through employed lawyers is engaged in the unauthorized practice of law in violation of Section 48 of …
Can a lawyer use a collection agency to collect an unpaid legal fee from a client?
The opinion concluded that a lawyer whose reasonable efforts to collect a delinquent fee fail may use a reputable collection agency, provided the lawyer discloses no client details beyond what is rele…
Can a criminal defense lawyer charge a fee, paid in advance, that is refundable if the lawyer fails to obtain post-conviction relief?
The opinion concluded that such an arrangement is an improper contingent fee in a criminal case, because a fee that is refundable only if the lawyer is unsuccessful is predicated on success just as a …
Can a Florida lawyer prepare pleadings for a party without signing them, and can the lawyer counsel both spouses to draft a settlement before representing one in the divorce?
The opinion concluded a lawyer who is not the attorney of record may prepare pleadings without signing them, but may not counsel both husband and wife to prepare a settlement agreement and then repres…
May a Florida lawyer list on the firm letterhead the other states in which the lawyer is admitted to practice?
Yes. The committee concluded that, after the Florida Supreme Court's 1980 amendments to the advertising rules, a lawyer admitted to practice in Florida may indicate on the letterhead the other states …
May a legal services organization give information about its clients to a county funding agency?
The opinion concluded that a legal services organization may furnish client information to a county funding agency only with the affected clients' consent, because legal aid lawyers must protect confi…
Can a Florida lawyer hold a real estate broker's license with a real estate firm while also running an active real estate law practice?
The opinion concluded a lawyer may keep a real estate broker's license registered with a real estate firm and maintain a real estate law practice, provided the lawyer accepts no referrals from the fir…
Can a Florida lawyer state on an office sign, letterhead, or business card that he is also a registered real estate broker?
The opinion concluded that after the 1979 deletion of DR 2-102(E), a lawyer may indicate on a sign, letterhead, or business card that he is a registered real estate broker, though the committee cautio…
Can a lawyer represent a sheriff in civil matters when a partner in the same firm handles criminal defense in the same county?
The opinion concluded that recurring representation of a sheriff in civil and administrative matters is improper, absent emergency or hardship found by a court, when a partner or associate does crimin…
Can a lawyer who is a municipality's retained police legal advisor also defend criminal cases in the county that do not involve that municipality's officers?
The opinion concluded that a retained municipal police legal advisor may represent criminal defendants in county cases that do not involve police officers or other municipal personnel, and it overrule…
When is a party 'represented' for the no-contact rule, and which corporate employees count as the represented party?
The opinion concluded representation begins when an attorney-client relationship is established for the matter, regardless of litigation; for a corporation, officers, directors, and managing agents ar…
Can a lawyer hired by an insurer represent the insured in a contribution counterclaim when the insured might do better by being held liable and recovering under an employer's policy?
The opinion concluded the lawyer may not continue the multiple representation, because the insured's best interest in being held liable to recover under an employer's policy conflicts with the insurer…
Can a supervising attorney at a legal services clinic direct another clinic lawyer's decision about whether to withdraw from a case?
The opinion concluded it is not improper for a supervising attorney in a legal services clinic to influence another clinic attorney's professional judgment on withdrawal, because the no-outside-contro…
Can a Florida lawyer practice law and real estate from the same office?
The opinion concluded that, after the 1979 deletion of DR 2-102(E), a lawyer may engage in the practice of law and real estate from the same office, though the committee cautioned against a feeder rel…
Can an insurance company's lawyer draft the plaintiff's pleadings in a friendly suit settling a minor's claim, even with full disclosure?
The opinion concluded an insurance company's attorney may not draft pleadings for the plaintiffs in friendly suits settling minors' claims, because once the lawyer drafts the document he represents th…
In New Jersey, can a lawyer who is a State Police officer also serve as a municipal prosecutor?
No. The Committee concluded that serving simultaneously as a New Jersey State Police officer and as a municipal prosecutor created an appearance of impropriety under the then-existing RPC 1.7(c)(2) an…
Can a New Jersey law firm hire a second firm to do legal work for its clients, and must it tell the client about the arrangement?
Yes, a firm may retain a second firm to perform legal services much as it would use a temporary or contract lawyer, provided there are no conflicts of interest and no improper exposure of one firm's c…
Can a professional corporation made up of lawyers be a partner in a Colorado law partnership, and how must the firm describe it?
The opinion concluded that it is ethically proper for a professional corporation consisting of one or more lawyers to practice law in partnership with individual lawyers or other professional corporat…
How much can a Colorado lawyer charge for a foreclosure, and can the fee be higher because a non-client debtor or purchaser pays it?
The opinion concluded that a lawyer may not agree to, charge, or collect an illegal or clearly excessive fee for handling a foreclosure, that a fee amount specified in the note or security instrument …
If a lawyer accepts an unpaid county appointment (planning board, park commission, county college), how is it decided which client matters the firm must then decline?
The opinion concluded the Committee would not create a formula and that whether the appointment is paid is irrelevant; under the Supreme Court's Perillo standard, the lawyer must decide, case by case …
Can a California attorney draft or amend a will that leaves the attorney a substantial gift, and what must the attorney do if the client will not get independent advice?
The committee concluded that an attorney who drafts or amends a will giving the attorney a substantial gift may be subject to discipline for undue influence unless the client has received independent …
Can a property management firm recoup the cost of a law office it provides free to a lawyer by charging its client partnerships per hour the lawyer works for them, without it being unlawful fee splitting with a non-lawyer?
The committee concluded that recouping the firm's office costs from the clients, apportioned by the lawyer's hours, is not by itself prohibited fee splitting under former Rule 1-320 as long as the cha…
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.