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 Minnesota lawyer advise and assist a client in conduct that is legal under the Minnesota Medical Marijuana Law but a crime under federal law?
Yes. A lawyer may advise and assist clients in activities that comply with the Minnesota Medical Marijuana Law without violating the Rules of Professional Conduct, so long as the lawyer also advises t…
Can a Texas lawyer send confidential client information by email, including unencrypted email like Gmail?
Per the Committee, yes; given the present state of technology and email usage, a lawyer may generally communicate confidential information by email, but in some circumstances (highly sensitive informa…
Must a lawyer scrub metadata before sending a document, and can the receiving lawyer mine it or use special software to uncover it?
The sending lawyer must use reasonable care to avoid disclosing confidential metadata under the competence and confidentiality rules; the receiving lawyer may use metadata that is readily accessible w…
If a lawyer receives documents a third party took without authorization from the opposing party, must the lawyer notify the opponent or return them?
No, qualified. The opinion concludes Oregon RPC 4.4(b)'s notify-the-sender duty applies only to inadvertently sent material, not to documents sent purposely but without authority, so the rule requires…
Can a part-time judge's or legislator's private law office answer the phone as 'Judge ___'s office' or 'Senator ___'s office'?
No. The opinion concludes that answering a private law office's public phone by referring to the lawyer's judicial or legislative title is a false or misleading communication and improperly implies an…
If a lawyer receives a privileged document the other side sent by mistake, do the ethics rules require returning it unread?
No, qualified. Oregon RPC 4.4(b) requires a lawyer who knows a document was sent inadvertently only to promptly notify the sender; it does not require returning or refusing to read it. Whether the law…
Can a lawyer give clients a credit on their bill in exchange for rating the lawyer on a review website like Avvo?
Yes. A lawyer may give clients a $50 credit for rating the lawyer on a site like Avvo, provided the credit is not contingent on the content of the rating, the client is not coerced or compelled to rat…
Can a lawyer with a contingent-fee agreement take a fee out of a litigation-funding advance the client received against a future recovery?
Whether an existing 'settlement or judgment' contingent fee reaches a third-party advance is a question of law the committee will not decide. A retainer may provide for such payment from the start; if…
Can a law firm charge clients who pay a retainer by credit card a little more than the processing fee the card company charges the firm?
Yes. A lawyer may charge a client a nominally higher amount than the credit card processing fee imposed on the lawyer, as an administrative convenience, if the client is told about the up-charge and c…
Can a Wisconsin lawyer label an advance fee or an availability retainer 'nonrefundable'?
No. The revised opinion concludes that because both advanced fees and availability retainers must be earned and may have to be refunded under SCR 20:1.16(d), calling either one 'nonrefundable' is a mi…
Can a lawyer accept a referral fee from a non-lawyer for sending the client to that person's services or products?
The opinion concludes that an attorney acting as a lawyer for a client is prohibited from accepting a fee from a non-lawyer third party for referring the client to that third party's non-legal goods o…
Can a Hawaii lawyer accept credit card payments for fees, and how must trust and earned funds be separated?
The opinion concludes that a lawyer may accept credit cards for legal fees and expenses, but unearned retainers and flat fees must go intact into a trust account while earned fees may not, so the lawy…
When can a lawyer or firm use the title 'of counsel' on letterhead, cards, and ads?
The opinion concludes that using the title 'of counsel' (and variants such as 'special counsel,' 'tax counsel,' or 'senior counsel') is permissible only where the relationship between the lawyer or fi…
Can a lawyer employed by an insurance company use a firm name that makes the practice look like an independent law firm?
The opinion concludes that an attorney who is an employee of an insurance company may not use a firm name, letterhead, or designation that states or implies an independent law firm; doing so violates …
Are a lawyer's website, domain name, and email subject to the advertising rules, and can a lawyer email prospective clients?
The opinion concludes that communications about a lawyer's services on a web site are advertising and are subject to HRPC 7.1, 7.2, 7.4, and 7.5, covering domain names, web and email addresses, banner…
When can a lawyer disclose a deceased client's confidential information?
The opinion concludes that an attorney may disclose a deceased client's confidential information when the disclosure is impliedly authorized to carry out the representation, for example, where the att…
Can an insurance defense lawyer follow the insurer's litigation and billing guidelines?
The opinion concludes that an insurer's billing or litigation guidelines that form part of the contract with defense counsel are ethically impermissible if adherence interferes with the attorney's exe…
Can a lawyer help a client get a loan to pay the lawyer's fees and litigation costs?
The opinion concludes that an attorney may refer a client to a lender for legal fees and costs, and may give substantial assistance in arranging such financing, provided the credit charges are not usu…
Can a lawyer hold a client's papers and property as a retaining lien until unpaid fees are paid?
The opinion concludes that, until retaining liens are explicitly recognized by Hawaii law, a lawyer's assertion of a retaining lien against a client's or former client's papers and property would viol…
Can a lawyer or law firm give a holiday gift or a loan to a judge or court employee?
The opinion concludes that it is improper for an attorney or law firm to give a gift or lend anything to a judge, court official, or court employee if acceptance is prohibited by law or would appear t…
Can a law firm share office space and a receptionist with a non-lawyer such as a CPA?
The opinion concludes that a law firm or attorney may sublet part of its offices to non-lawyers, and share reception and secretarial services on a cost basis, provided the non-lawyer does not solicit …
Can a criminal defense lawyer advise a client to accept a plea deal that waives the right to later claim ineffective assistance of counsel?
Yes, unless a reasonable lawyer would find a significant risk that the lawyer's own interest in avoiding an ineffective-assistance claim would adversely affect the lawyer's judgment. If that personal-…
Can a New York lawyer reply to someone's online post asking for a lawyer, and can a lawyer post on Reddit or Twitter to find plaintiffs for a case?
A lawyer may respond, in the manner invited, to a potential client who posts online asking to be contacted; that response is not solicitation, though describing the lawyer's services to secure retenti…
Can a government lawyer investigating a private lawyer for fraud interview that lawyer's clients without the private lawyer's consent under the no-contact rule?
The government lawyer is subject to Rule 4.2. Whether the clients may be interviewed without the private lawyer's consent depends on whether the investigation is a separate matter and, if so, whether …
Can a Utah lawyer report an internet 'client' who turns out to be running a counterfeit-check scam against the lawyer?
Yes. The opinion concludes that someone who contacts a lawyer only to defraud the lawyer (the classic counterfeit-check collection scam) is not a client or prospective client owed confidentiality unde…
May a California lawyer take a contingency fee agreement giving the lawyer the first proceeds of suit, shifting to the client the risk that the defendant's finances will limit recovery?
Yes, the agreement is enforceable if it is in a writing that complies with Bus. & Prof. Code section 6147 and the client provides informed consent based on the lawyer's full and fair disclosure of per…
Can a New York lawyer charge a flat, nonrefundable monthly retainer fee?
The opinion concludes such a fee may be permissible only if it is not excessive, is fully earned, does not impede the client's right to terminate, and is clearly disclosed. Because the monthly fee ble…
Can a law firm use a professional employer organization (PEO) to handle payroll and HR for its staff?
Yes. The opinion concludes a New York firm may use a PEO so long as the PEO does not interfere with the lawyers' independent judgment or supervision of staff, does not access client confidential infor…
Can a D.C. law firm make a departing lawyer pay liquidated damages for competing, or penalize the lawyer for working with former colleagues?
The opinion concludes that under Rule 5.6(a) a law firm may not provide for or impose liquidated damages on a lawyer who competes with the firm after leaving, and may not penalize a departed lawyer fo…
Can a lawyer list nonlawyer staff, such as an office manager or legal assistant, by name and title on the firm's letterhead?
The opinion concludes a lawyer may list nonlawyer personnel and their positions on firm letterhead as long as the listing is not false or misleading, for example by implying the staff are lawyers.
Can lawyers who only share office space call themselves associates, of counsel, or practice under a joint firm name?
No. The opinion concludes that lawyers who merely share office space but keep separate practices may not hold themselves out as associates, as of counsel to each other, or under a joint firm name, bec…
Can a multistate law firm advertise to its Oregon clients that lawyers who are not Oregon State Bar members are available?
Qualified yes: multistate firms are permitted and may advertise the availability of out-of-state lawyers, who can perform the cross-border activities RPC 5.5(c) and (d) allow, but the firm may not sta…
Can a North Carolina lawyer connect with a judge on LinkedIn, and can the lawyer display a judge's endorsement or recommendation?
A lawyer may connect with a judge on LinkedIn and may send the invitation, evaluated like any personal interaction with a judge, but must decline or wait if connecting during a pending matter would ri…
Can North Carolina lawyers own a for-profit adoption agency and also do the legal work for the couples they refer to it?
Yes, with strict conflict controls. Lawyers who own a law-related business like an adoption agency may refer their legal clients to it and accept its referrals only if they comply with Rules 1.7(b), 1…
Can one North Carolina lawyer represent both the borrower and the lender in a commercial real estate loan closing?
Usually no. The opinion treats dual representation of borrower and lender in a commercial loan closing as a nonconsentable conflict in most cases, because the deal involves heavy negotiation and large…
Can a New Hampshire lawyer disclose confidential information over a client's objection to protect the client from elder abuse or other serious bodily harm?
Yes, within limits. Rules 1.6(b)(1) and 1.14(b)-(c) may authorize a lawyer to take protective action, including disclosing confidential information, where there is sufficient evidence of actual or thr…
After mediating a divorce for unrepresented parties, can the lawyer-mediator draft the settlement agreement and the other documents needed to finish the case?
The lawyer-mediator may help draft the agreement reached in mediation, but may not prepare the ancillary documents needed to complete the divorce for the unrepresented parties, and cannot avoid that b…
Can a former member or hearing officer of the parole board later represent an offender before that same board, and do all proceedings involving one offender count as the same 'matter' under Rules 1.11 and 1.12?
The opinion concludes that any proceeding involving the same offender is the same 'matter,' so a former Board member or hearing officer who personally and substantially participated in prior proceedin…
Can a lawyer take a court appointment for an incapacitated person when the lawyer's firm also represents the care facility where that person lives?
Yes for Court Evaluator or Guardian roles, because those do not create a lawyer-client relationship with the alleged incapacitated person, so Rule 1.7(a) is not implicated. Serving as counsel for the …
Can in-house counsel be interviewed by an agency investigating the company, and can the lawyer still act as advocate if it becomes a hearing?
In-house counsel may submit to an agency interview about the company's alleged wrongdoing where the facts disclosed are not confidential information. But if the investigation becomes a proceeding befo…
Can a New York lawyer advance an indigent client's taxi and transportation costs to medical appointments in a no-fault injury case?
A lawyer may advance transportation costs only if they qualify as an expense of litigation. Travel to an insurer-required IME clearly qualifies; travel to other doctors qualifies only when necessary t…
Can a New York lawyer accept part of a real estate broker's commission as a referral fee instead of charging the client for legal work on the deal?
No. A lawyer may not accept a share of the broker's commission as a referral fee in lieu of charging the client a legal fee, even with the client's informed consent, because the lawyer's financial int…
Can a Wisconsin lawyer store and transmit client information using cloud computing services?
Yes. The opinion concludes that a lawyer may use cloud computing as long as the lawyer makes reasonable efforts, commensurate with the risks, to protect the confidentiality of client information and t…
Can a lawyer have a process server contact a represented opposing party directly to arrange personal service of legal papers?
No, qualified. The committee concluded that the 'authorized by law' exception to RPC 4.2 lets a lawyer, or a process server the lawyer directs, communicate with a represented opposing party only as fa…
Can a Washington lawyer advise clients on state marijuana laws, help run a marijuana business, or use marijuana themselves when marijuana is still illegal under federal law?
Yes, qualified. Relying on Washington Comment [18] to RPC 1.2, the committee concluded a lawyer may advise and assist clients on I-502 and the Cannabis Patient Protection Act, run or invest in a marij…
What may a California lawyer say (and not say) to opposing counsel or a settlement officer during settlement negotiations?
Per California Formal Opinion 2015-194, false statements of material fact and implicit misrepresentations during settlement negotiations are prohibited, but statements about a party's negotiating goal…
When a California lawyer must withdraw because the client is pursuing the case for improper purposes, what may the lawyer tell the court about the reason, and what must the lawyer do if ordered to disclose confidential client communications in camera?
Per California Formal Opinion 2015-192, the lawyer may disclose only as much as is reasonably necessary to demonstrate the need to withdraw; ordinarily 'ethical considerations require withdrawal' or '…
Can an Alabama lawyer charge a separate contingency fee for negotiating reductions of medical or subrogation liens on top of a gross-recovery contingency fee?
No, absent extraordinary circumstances. Charging a second contingency fee for lien-reduction work that is incident to a personal injury settlement is a clearly excessive fee, sometimes called double-d…
Can a law firm put a link to another business on its website?
Yes. The rules do not bar website links, but the lawyer must not link to a site with false or misleading information about the lawyer or the lawyer's services, and a reciprocal-referral arrangement tr…
Can a lawyer pay a referral fee or share fees with a nonprofit that referred a client?
Only court-awarded fees. A lawyer may share any portion of court-awarded fees with a nonprofit that referred the matter under Rule 5.4(a)(4), but may not share other fees or pay a referral fee unless …
May a lawyer list a professional certification, like the CIPP/US privacy designation, after their name in an email signature block?
Yes. A truthful, objectively verifiable certification from a recognized organization, available to lawyers and non-lawyers alike, may be listed because it is informational and not misleading, and Rule…
What should a lawyer do with original client wills left behind when a trusts-and-estates partner leaves the firm?
The remaining lawyers must safeguard the original wills as client property, and if after a diligent search they cannot locate the testators, they should file the wills with the Illinois Secretary of S…
If a lawyer practices under a temporary North Dakota license through a required supervising associate, can the lawyer take a case the associate must decline for a conflict of interest?
No, absent informed consent. The committee concluded that because a temporarily licensed lawyer must associate with a designated North Dakota attorney who actively participates and shares actual respo…
Can a law firm hand out boxes of donuts, branded koozies, and discount coupons to the banks and real estate agents that refer it clients?
Yes. Giving gifts and marketing materials to referral sources is permitted as long as the gifts are delivered regardless of whether or how many clients the source referred, so there is no quid pro quo…
What does a lawyer do with leftover unidentified or unclaimed client funds in a trust account, and can the firm recover its own bank-fee deposit?
A firm may take back its own deposit once it is no longer needed for bank charges. Unidentified funds go to the Lawyers Trust Fund after one year; unclaimed funds with a known owner escheat to the Sta…
If a spouse and his father paid the legal fees for a client's earlier case, can the lawyer later represent that client in a divorce against the spouse?
Yes. Paying another person's legal fees does not, by itself, make the payer a client or prospective client, so a later representation adverse to the payer is not a conflict as long as the prior paymen…
Can an out-of-state in-house patent lawyer practice before the USPTO from an Illinois office without an Illinois license?
Yes. Under Rule 5.5(d)(2)'s federal-practice exception, a USPTO-registered patent lawyer admitted in another state may do USPTO work from an Illinois office without a Rule 716 limited license, but onl…
Can a Colorado lawyer view someone's social media or send a friend request to investigate an opposing party, witness, juror, or judge?
The opinion concludes a lawyer may always view the public portion of anyone's social media. To see restricted (friends-only) content, the lawyer may request access from an unrepresented party or witne…
Can one law firm be designated 'of counsel' to another law firm in Ohio?
The opinion concluded that a law firm (not just an individual lawyer) may enter an 'of counsel' relationship with another law firm, provided both firms comply with the Rules of Professional Conduct. T…
Which state's ethics rules govern a New York lawyer practicing from a DC office under supervision while a DC bar application is pending, and what governs the firm's website and letterhead?
A New York lawyer practicing in DC under the DC court rule while a DC admission application is pending is 'licensed to practice' in DC for choice-of-law purposes. Whether New York or DC rules apply th…
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.