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 New York lawyer who practices principally abroad join a foreign firm with non-lawyer owners, like a UK Alternative Business Structure, without violating New York's rules?
Yes, subject to conditions. A New York lawyer based abroad may do work that does not require local licensing and may practice in a foreign entity with non-lawyer owners or supervisors, provided the fo…
Can a lawyer publicly defend a judge against unfair media criticism if the lawyer has a case pending before that judge?
A lawyer ordinarily may respond to unjust media criticism of a judge. But a lawyer with a case pending before the judge may not publicly support the judge if doing so is likely to require the judge's …
Can a New York lawyer run a blog with an opt-in box offering a free report in exchange for contact information used to market the lawyer's services later?
Yes. A lawyer may operate a blog with an opt-in box offering a free report for a reader's contact information, and the blog itself is not a solicitation. Later emails using that contact information to…
Can a New York lawyer with a primarily New York practice join a DC firm that has a nonlawyer partner, or practice in a New York subsidiary of that firm?
No. A New York lawyer who principally practices in New York may not join a DC firm with a nonlawyer partner, and may not practice in a wholly owned New York subsidiary of that firm, because the predom…
Can government lawyers submit a position paper instead of appearing in person at routine immigration status hearings where nothing substantive will be addressed?
Yes, if both the court and the client consent. Government lawyers may submit a position paper in lieu of attending immigration status hearings at which no substantive or procedural issues will be addr…
Are the separately incorporated local offices of a national legal services project one law firm for conflict and confidentiality purposes?
Yes, on these facts. A national legal services project whose local sections share a single case management system giving every attorney access to all clients' information, and whose regional attorneys…
If a lawyer learns a bankruptcy client hid assets or lied to the court, when do the candor duties override confidentiality?
It turns on whether the proceeding has concluded. The opinion concluded that once a matter is complete the lawyer has no duty to disclose a past misrepresentation, but while a proceeding is ongoing Ru…
Can a criminal defense lawyer agree to a plea deal that waives the defendant's ineffective-assistance-of-counsel claims, and can a prosecutor require that waiver?
No. The opinion concludes it is improper for a defense lawyer to participate in a plea agreement waiving the defendant's past or future ineffective-assistance claims, because it creates a non-waivable…
When a lawyer buys a retiring attorney's practice and inherits original wills, what must the lawyer do, and can the wills be filed with the surrogate's court?
The lawyer must take reasonable steps to locate and notify the testators or others with an interest in each will, and may review or disclose confidential information from a will only as needed for its…
Can a prosecutor let a debt collection company send prosecution-threat letters on the prosecutor's letterhead?
No. The opinion concludes that a prosecutor who lets a debt collection company use official letterhead to threaten prosecution, without any lawyer reviewing the file or the letter, violates Rule 8.4(c…
Does a lawyer for an estate executor owe duties to the beneficiaries, and what can the lawyer do if she suspects the executor is hiding assets?
The executor is the lawyer's only client; the lawyer owes no duty to a beneficiary absent an agreement otherwise. The lawyer may not assist conduct she knows is fraudulent or make a false statement, a…
Can a lawyer close a short sale where the buyer pays a short-sale negotiator's fee and lowers the offer by the same amount without telling the bank?
No. Disclosing only that the buyer pays a negotiator's fee, while hiding that the offer was reduced by the same amount to cover it, is a misleading half-truth. Under Rule 8.4(c) the buyer's lawyer may…
Can a Texas lawyer run a pro bono nonprofit law firm under a name that describes the services and includes the name of someone who was never a lawyer in the firm?
Per the Committee, no; a name like 'Jane's Law Firm, A Free Legal Resource for Children with Autism' violates Rule 7.01(a) because it is a trade name, it is misleading as to the lawyer's identity, and…
Can a Texas prosecutor make criminal defense lawyers promise not to give file materials to their clients and waive court-ordered discovery as a condition of open-file access?
Per the Committee, no; because the Michael Morton Act (Tex. Code Crim. Proc. art. 39.14) requires an open-file policy without preconditions, a prosecutor who conditions the required disclosures on def…
Can a plaintiff's lawyer personally agree to indemnify the defendant against third-party liens on the settlement?
No. The opinion concludes a lawyer may not personally agree to satisfy third-party claims to settlement funds, because it creates a conflict under Rule 1.7 and amounts to financial assistance barred b…
Can a lawyer reveal client confidences to rebut a former client's negative online review?
No. The self-defense exception in Rule 1.6(b)(5)(i) lets a lawyer reveal confidential information only to defend against a formal accusation, such as a lawsuit, disciplinary complaint, or similar proc…
Can a lawyer use the job title 'immigration specialist' in a nonlegal HR role without violating the ban on calling yourself a specialist?
Yes, if she does not publicly tie the 'specialist' title to her status as a lawyer. Rule 7.4 bars a lawyer from publicly claiming to be a specialist, but the ban does not reach someone who is not hold…
When a law firm adds a name partner, must it discard old letterhead and open a new trust account?
No, if the firm is the same entity or a legal successor and makes the necessary corporate filings and bank changes. It may use up the old letterhead and keep using the existing trust and operating acc…
Can a North Carolina lawyer send an out-of-state entity or witness a North Carolina subpoena that cannot be enforced against them?
Yes, if the lawyer is candid about it. When a foreign entity or an out-of-state individual asks for a North Carolina subpoena 'for its records,' the lawyer may provide one as long as it is accompanied…
Must a North Carolina criminal defense lawyer give the client copies of all discovery or let the incarcerated client review it?
The lawyer must give the client a meaningful opportunity to review relevant discovery on a reasonable request, but is not required to hand over physical copies. Under Rule 1.4 the lawyer keeps the cli…
What must a New York law firm's name, letterhead, and business cards include or disclose?
A professional-corporation firm name must include 'P.C.' A firm need not call itself a 'law office.' Personal cards and letterhead may list a lawyer by name without a position title. But firm letterhe…
Can a government agency lawyer work on matters involving litigation she earlier handled against the agency for a private client?
Not on the same matter. A lawyer who participated personally and substantially in the prior litigation may not advise the agency on that same matter (such as compliance with its settlement), and conse…
When a lawyer is admitted in New York and another state, which state's ethics rules govern non-litigation work like contracts and agency filings?
If the lawyer is admitted only in New York, New York's rules govern all non-court matters. If the lawyer is admitted in New York and elsewhere, the rules of the jurisdiction where the lawyer principal…
After selling a law practice, can the selling lawyer stay involved to transition active client matters?
Yes, for a reasonable period. The opinion concludes that a lawyer selling a practice under Rule 1.17 must stop taking new matters in the sold area but may help the buyer transition active matters for …
Can a lawyer who also mediates divorces write a novel based on what they learned from mediation clients?
Only if no one can identify the clients. Because the inquirer's mediation was not distinct from the legal work of drafting the divorce papers, Rule 5.7(a)(1) subjects the mediation to the confidential…
Can a New York lawyer run a purely virtual law office, and does the advertising rule require a physical street-address office?
Yes. Opinion 1025 holds that Rule 7.1(h) regulates only advertising and does not independently require a physical office, so a non-resident New York lawyer who advertises may list the internet address…
Can a New York lawyer help clients comply with the state medical-marijuana law even though marijuana is still illegal under federal law?
Yes. Given the published federal policy of restrained enforcement, the opinion concludes that Rule 1.2(d) permits a New York lawyer to advise and assist clients in conduct designed to comply with the …
Can a lawyer admitted only in New York be of counsel to an out-of-state firm that practices under a trade name?
No. Because New York bars lawyers from practicing under a trade name and the New York-only lawyer cannot 'principally practice' in the jurisdiction that allows the trade name, New York's rules govern,…
Can a lawyer complete the TP-584 and RP-5217 real estate tax forms by their instructions even though they do not disclose a grossed-up purchase price?
Yes. The opinion holds that completing the TP-584 (which reports the gross price) and the RP-5217 (which reports the price net of the seller's concession) exactly as their instructions require is not …
Can a part-time municipal court judge share in the fees their law partners or associates earn from criminal matters in other counties?
Yes. The Committee overruled Opinion 559 and held that a part-time municipal court judge may share in fees generated by partners or associates who handle criminal, quasi-criminal, or penal matters out…
Can a Georgia lawyer conduct a 'witness only' real estate closing, use lender-prepared documents, and route closing funds outside the trust account?
No witness-only closings: the lawyer must control the closing and review all documents. The lawyer may use documents prepared by others after verifying and adopting them, and must deposit and disburse…
Can a law firm use a website domain name that combines its practice area with the word 'expert'?
No. The opinion concludes that 'expert' implies a comparative claim of superior results that no disclaimer can cure, and is the equivalent of the 'specialist' label Rule 7.4 restricts, so a firm may n…
Can a lawyer use a cloud-based tool to post and share closing documents with the other parties to a transaction?
Yes, if the technology gives reasonable protection to confidential client information; if it does not, only with the client's informed consent after disclosure of the risks. The lawyer must take reaso…
What supervisory duties do managing prosecutors owe over the lawyers and staff in their offices?
The same as other managing and supervising lawyers. The opinion concludes that prosecutors' offices are 'firms,' so managerial prosecutors must adopt reasonable compliance policies and supervising pro…
Can a Texas lawyer represent a bankruptcy debtor when one of the creditors is a current (or former) client of the lawyer in other, unrelated matters?
Per the Committee, the representation does not violate Texas Rule 1.06 when the matters are not substantially related and the lawyer's judgment is not adversely limited, but the Fifth Circuit's curren…
Is a Nevada lawyer who is hired to provide lobbying services, rather than legal services, still bound by the Rules of Professional Conduct?
The Committee concluded that a Nevada lawyer hired to act as a lobbyist is likely subject to the Nevada Rules of Professional Conduct, because legislative lobbying is sufficiently law-related, even th…
Can a lawyer accept an anonymous lump-sum cash payment that is meant to cover legal fees for the lawyer's clients and a co-defendant represented by a different lawyer?
The Committee concluded that accepting an anonymous lump-sum cash payment intended to cover fees for both the lawyer's clients and a co-defendant represented by another lawyer raises conflict and conf…
Can a North Dakota lawyer move to Minnesota and use physician-recommended medical marijuana while keeping a North Dakota law license?
No. The committee concluded that using medical marijuana, even where a state authorizes it and a physician recommends it, would violate Rule 8.4(b). Marijuana remained illegal under federal law and un…
Does a creditor's lawyer who confesses judgment on a cognovit note have a conflict of interest with the debtor?
The opinion concluded that it is proper for a lawyer to sign an answer confessing judgment against a debtor under a warrant of attorney in a cognovit note when a creditor asks, as long as the confessi…
Can lawyers in a part-time county prosecutor's law firm take criminal defense cases against the state?
The opinion concluded that a part-time county prosecutor cannot represent criminal defendants prosecuted on behalf of the state (or a municipality the prosecutor is authorized to prosecute for), becau…
Can a law firm let its lawyers access client files remotely so they can work from home?
Yes, if the firm determines that the technology and devices used give reasonable protection to confidential client information, in which case client consent is not needed. If the firm cannot reach tha…
After withdrawing because of a conflict of interest, can a law firm refer the former client to specific new attorneys?
Yes. The opinion concludes that a firm withdrawing for a conflict may give the former client a good-faith referral to attorneys it believes appropriate, consistent with Rule 1.16(e)'s duty to avoid pr…
Can a law firm's staff answer the phone using the partners' initials, and name a sponsored little league team after them?
Yes. The opinion concludes that using the named partners' initials only to answer the phones, or to name a sponsored little league team, is not practicing under a trade name and does not violate Rule …
Can a New York lawyer who is also a real estate broker represent the seller and broker the same sale?
Yes. The opinion concludes a lawyer who is also a licensed broker may represent a seller and act as broker in the same sale if the broker fee is fixed, non-refundable, and not contingent on closing, a…
Can a New York lawyer contact a prospective client who, on a current client's recommendation, asked to be contacted?
Yes. The opinion concludes a lawyer may contact such a prospective client as long as the lawyer did not initiate the contact and paid nothing for the recommendation; an unsolicited referral that the p…
I'm an assistant solicitor who advised the planning board that denied a project, and the board of appeals (which special counsel advised) upheld that denial. The applicant is now appealing both decisions to Superior Court and wants me disqualified. Can I defend the municipality, the planning board, and the board of appeals together?
Yes. The panel held Rule 1.7 permits the inquiring attorney, an assistant solicitor, to represent the municipality, its planning board, and its planning board of appeals in the applicant's Superior Co…
Can a New York lawyer who works as a real estate broker represent an owner in foreclosure to then broker the firm's purchase of the property?
No. The opinion concludes the dual role is a nonconsentable conflict under Rule 1.7: the lawyer's interest in brokering the later purchase would taint the lawyer's judgment in the foreclosure case, an…
Do the usual conflict rules apply to a lawyer who gives short-term pro bono advice through a bar association program?
Under Rule 6.5, the conflict rules bind a limited-services pro bono lawyer only when the lawyer has actual knowledge of a conflict, and even then the conflict is not imputed to others in the firm; the…
Must a New York lawyer disclose a client employee's false statements in a visa application to the federal agency if the client refuses?
The opinion concludes Rule 3.3's duty to remedy false statements to a tribunal does not apply, because a visa or work-permit application is not an adjudicative proceeding before a tribunal; other rule…
Must a Virginia lawyer who ghostwrites or reviews pleadings for a pro se litigant disclose that assistance to the court?
No. Absent a court rule or law requiring it, the Virginia Rules do not obligate a lawyer to tell the court that a pro se litigant received behind-the-scenes assistance; nondisclosure is not dishonest …
Does the relaxed conflict rule for limited legal services (Rule 6.5) apply when a lawyer gives free consultations to a nonprofit's members?
No. Rule 6.5 relaxes the conflict-of-interest rules only when it is not feasible to run a conflicts check before short-term limited services, as in a legal-advice hotline or advice-only clinic. Becaus…
Can a North Carolina lawyer subpoena a HIPAA-covered provider and demand compliance without giving the HIPAA notice or protective-order assurances?
Yes, if the subpoena complies with the Rules of Civil Procedure. The lawyer need not provide the HIPAA assurances, but as a courtesy may send a letter alerting the provider that the records may be sub…
What must the other lawyers in a firm do when a partner or colleague becomes mentally impaired and may be harming clients?
The firm's managing and supervising lawyers must make reasonable efforts under Rule 5.1 to ensure the impaired lawyer does not violate the Rules, because impairment does not lessen the duties of compe…
Can a North Carolina lawyer reveal a client's settlement amount to the client's former lawyer who is claiming a share of the fee?
Only with consent or under the self-defense exception. Settlement details are confidential under Rule 1.6, so absent the client's consent the lawyer may not disclose them to the discharged predecessor…
I'm a part-time prosecutor for City A one day a week, and my private criminal-defense practice wants to take on a client charged with a misdemeanor by City B's police, heard in the same district court division as City A's cases. Is that a conflict?
No, not per se. The panel held Rule 1.7 does not automatically bar the inquiring attorney, a part-time prosecutor for City A, from representing a criminal defendant charged by City B even though both …
Can a California lawyer concurrently be 'of counsel' to a law firm and run a separate solo practice, and use separate business cards and stationery for each capacity?
The opinion concludes the dual capacity is ethically permitted; the lawyer may use separate business cards and stationery for the two practices so long as the relationship satisfies the 'close, person…
Can a New York law firm advertise that it offers second opinions to people who already have a lawyer?
Yes. The opinion concludes a firm may advertise its availability to give second opinions to represented parties; the no-contact rule does not apply because the firm is not yet involved in the matter, …
I represented my client's attorney-in-fact under a power of attorney for an elderly principal. The power of attorney ended and a guardian was appointed for the principal. Can I give the guardian copies of my file from representing the attorney-in-fact?
Yes. The panel held Rule 1.6 permits the inquiring attorney to comply with the guardian's request for copies of documents relating to the representation of the former attorney-in-fact, because that re…
If a D.C. lawyer is job-hunting with the opposing party or opposing counsel in a matter, does that create a conflict of interest with the lawyer's client?
The opinion concludes that a lawyer who seeks employment with a client's adversary, or the adversary's lawyer, may have a personal-interest conflict under Rule 1.7(b)(4) if the lawyer's professional j…
Must a lawyer who prepared a client's will produce it in response to a court order or subpoena, and can the lawyer assert privilege or confidentiality?
Formal Ethics Opinion 2014-F-158 concludes that a lawyer cannot simply refuse a court order or subpoena for a will, but under RPC 1.6(c)(2) must assert all non-frivolous claims that the will is privil…
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.