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 who is also a state legislator take a fee from a client to push legislation that benefits the client?
No. The opinion concludes a lawyer-legislator may not accept a fee to seek legislation for a client, because the arrangement is bribe-giving and bribe-receiving under Oregon law and is barred by RPC 1…
Can a lawyer appear in advertising for an outside business, like a bank board the lawyer sits on?
Yes. The opinion concludes a lawyer who sits on a bank's board may let the bank use the lawyer's photograph in its advertisements, absent some reason to believe the photos would be used in a false or …
Can an Oregon lawyer agree to review and finalize estate-planning documents prepared by an out-of-state company that sells the plans to customers and pays the lawyer?
No. A company that consults with customers, explains documents, and gives estate-planning advice is engaged in the unauthorized practice of law, and a lawyer who reviews and executes its documents aid…
Can a lawyer charge a client's credit card for a bill the client has disputed, if the client pre-authorized card charges?
No. The opinion concludes that once a client disputes all or part of a bill, the lawyer may not charge the credit card for the disputed portion, even with prior advance authorization. A lawyer holding…
Are a law firm's press releases and tweets about shareholder lawsuits subject to New York's attorney advertising and solicitation rules?
Yes. The opinion concludes press releases and tweets aimed at potential clients are advertisements and solicitations: press releases keep a three-year retention, tweets a one-year retention and an 'At…
In a deferred disposition, must a Maine defense lawyer disclose the client's new crimes to the prosecutor or the court?
No. Counsel has no affirmative duty to volunteer the client's other charges or conduct to the prosecutor or court, but counsel may not allow false testimony; if the client testifies falsely, counsel m…
Can a lawyer who will be a witness still work on the case before trial under Rule 3.7?
Yes. Rule 3.7(a) bars only acting as advocate at trial, not pretrial work, and the disqualification is not automatically imputed to other lawyers in the same office.
My client, an estate administrator, told me she used estate funds to pay her own medical bills and plans to pay it back but can't prove she can. I'm preparing the final accounting. Do I have to tell the probate court?
No, and you cannot. The panel held the administrator's disclosure that estate funds were diverted is a confidential communication protected by Rule 1.6, and the attorney is not permitted to reveal it …
Can a lawyer send a Facebook friend request to an unrepresented opposing party to see their nonpublic posts?
Only if the request discloses that the sender is the party's lawyer. The opinion holds that friending an unrepresented adversary without revealing the lawyer's identity and role would be a misrepresen…
When buying a retiring lawyer's practice, can the purchase price include a share of future fees from that lawyer's current, former, and newly referred clients?
The price may include a share of future fees from the retiring lawyer's current and former clients, but not fees from new clients the retired lawyer refers, because a retired lawyer may not share fees…
Can a lawyer represent a client before a town planning agency when a firm colleague sits on the same town's zoning board of appeals?
Yes, where the zoning board has no interest or jurisdiction in the matter. The opinion finds no Rule 1.7 conflict because the colleague's board has no stake in the planning-agency decision.
Can a lawyer pay a commercial website that lets prospective clients post their needs and invite proposals, paying only when a client retains the lawyer?
Yes. Because the client initiates contact through the website and requests proposals, the program is permitted advertising under Rule 7.2 rather than prohibited paid solicitation under Rule 7.3(f), an…
Which state's ethics rules govern a Massachusetts-licensed civilian Navy lawyer advising the Navy from a base outside Massachusetts?
Federal, not Massachusetts, professional responsibility law governs. Under the Massachusetts choice-of-law rule (Rule 8.5(b)), the predominant effect of the conduct is not in Massachusetts, so the com…
Can a lawyer store client files in the cloud, and what safeguards are required?
Yes. The opinion concludes a lawyer may use cloud storage so long as the lawyer takes reasonable steps to keep client information confidential and secure; the duties of confidentiality and competence …
Does a criminal defense lawyer have to tell the court when a third-party custodian reports the client is violating bail conditions?
No. The opinion reaffirms that the lawyer has no obligation to volunteer the custodian's report to the court, because Rule 3.3 protects the integrity of courtroom proceedings, not out-of-court conduct…
Can a lawyer charge clients a surcharge to cover credit card processing fees?
Yes, if it is reasonable and the client consents after full disclosure. The opinion concludes a lawyer may pass on the actual credit card processing fee as a client expense, but only what is actually …
Can a Texas lawyer have a debt management company that the lawyer owns refer its customers to the lawyer's own law firm for legal services?
Per the Committee, no for any legal matter related to the customer's debt situation, because the lawyer's ownership creates a Rule 1.06(b)(2) conflict that cannot be cured by consent; referrals are pe…
Can a Texas lawyer who is regularly hired by a financial planning company accept that company's referrals of its customers as new clients?
Per the Committee, generally yes for matters unrelated to the customer's financial or investment dealings with the company, but generally no (even with consent) where the representation involves finan…
Can a government or public-sector lawyer in North Carolina take on pro bono cases for private clients?
Yes, unless a statute bars that lawyer from private practice. Government lawyers share the Rule 6.1 responsibility to provide pro bono service, but some (judges, full-time DAs, public defenders, clerk…
Can a law firm represent both the foreclosure trustee and the secured creditor in a contested foreclosure?
No. A foreclosure trustee is a neutral party who may not advocate for either side, so a firm that represents the trustee in a contested foreclosure cannot also represent the secured creditor (or the d…
Can a lawyer look up jurors and prospective jurors on social media during a trial?
Yes, passively. The opinion concludes that a lawyer may passively review a juror's public internet presence but may not send an access request such as a friend request, which is a prohibited ex parte …
Can a New York law firm take on new clients against an entity it represented before, over that entity's objection?
It depends on whether the entity is a current or former client. The opinion concludes a firm may not oppose a current client absent written informed consent, but may oppose a former client in a matter…
Can a New York lawyer advertise being listed in 'Best Lawyers' without violating the advertising rules?
Yes, if the lawyer assesses the listing's methodology and concludes it is a bona fide professional rating: unbiased, nondiscriminatory, and based on a defensible method. The opinion treats the listing…
Can a New York settlement require the claimant's lawyer not to solicit or refer other people with similar claims against the settling party?
No. The opinion concludes Rule 5.6(a)(2) bars settling a claim on the understanding that the claimant's lawyer will not later solicit new clients with similar claims against the settling party, or ref…
Can a New York lawyer advertise 'I know how to win for you' or claim 'unsurpassed litigation skills'?
No. The opinion concludes both phrases violate Rule 7.1: each is misleading and cannot be factually supported when disseminated, and adding the 'prior results' disclaimer does not cure the problem.
Can a Texas solo lawyer's professional corporation use an assumed firm name that includes both the owner's name and the name of an employed (non-owner) associate?
Per the Committee, yes; an assumed name such as 'A & B, Attorneys at Law' is not a prohibited trade name under Rule 7.01 when it contains the names of lawyers who actually provide the firm's legal ser…
If a contract requires my client to pay the other side's attorney's fee and that fee seems excessive, can I still close the deal, and must I report the other lawyer?
Yes, the lawyer may participate in the transaction even if the counter-party's attorney's fee is excessive, because the lawyer did not cause or induce it. Reporting under Rule 8.3 is required only if …
Can a lawyer serve as the escrow agent in a deal where the lawyer also represents one of the parties?
No. The opinion concludes a lawyer may be a neutral escrow agent only when the lawyer represents none of the parties; a lawyer for a party cannot also be the neutral escrow, though the lawyer may stil…
Can a lawyer who sometimes serves as a pro tem judge, and the lawyer's partner, keep representing clients before other judges of that same court?
Yes, qualified. The opinion concludes the lawyer and partner may continue such representation without special disclosure or consent where there is no significant risk that the pro tem service material…
Can a retired Oregon lawyer donate old client files to an archive, or share a former client's confidences with that client's new lawyer?
No to both, qualified. Absent the affected client's informed consent or another RPC 1.6 exception, a retired lawyer may not give files containing confidential information to an educational institution…
If one party to a mediation hides a material asset and tells the lawyer-mediator to conceal it, can the mediator finish the mediation, and can the mediator tell the other party?
No to both completing the mediation and disclosing the fraud. The opinion concludes the lawyer-mediator must withdraw rather than complete a mediation built on a party's concealment, may make a noisy …
Where must a lawyer deposit a large client fund held pending settlement, and can the client direct the interest to the Oregon Law Foundation instead of earning it?
Because the fund is substantial and expected to be held long enough to earn net interest, it must go in an interest-bearing trust account at a qualifying institution with the interest going to the cli…
Can a lawyer who practices under his full name use a firm name that includes only his middle initials and last name, dropping his first name?
Yes. Dropping the first name while keeping the surname and the initials of two given names is a slight enough variation that it does not violate Rule 7.5(b)'s trade-name prohibition, as long as the re…
Can a lawyer who is executor of a deceased attorney's estate inspect and disclose confidential information in stored wills in order to return them to the right people?
Yes. Because the executor did not come into possession of the wills incident to his own practice, the Rule 1.15(c) notification duty and Rule 1.6(a) confidentiality bar do not apply to him; he may ins…
Can a lawyer who works as a marital mediator refer the couples to the lawyer's spouse, a psychiatrist, for free counseling sessions?
Yes. As a third-party neutral the mediator is not representing clients, so Rule 1.7's personal-interest conflict rule does not apply; but the lawyer must tell the parties the lawyer does not represent…
Can a law firm sell advertising space to other professionals in its educational newsletter, and is the whole newsletter treated as lawyer advertising?
Yes. A firm may sell ad space in its newsletter to third parties, including other firms, as long as the rates carry no implied referral or fee-splitting arrangement. The entire newsletter counts as ad…
Can a New York lawyer accept payment of fees from a third party whose interests may be adverse to the client, when the client also still owes the lawyer money from earlier work?
Yes. Under Rule 1.8(f) the lawyer may accept a third party's payment if the client gives informed consent, the lawyer's independent judgment is not compromised, and confidences are protected. A client…
Can a Kentucky lawyer store confidential client information in the cloud, and what does the lawyer have to do to use it ethically?
Yes. A lawyer may use cloud computing for confidential client information, but must safeguard that information, act competently in selecting and monitoring the service, supervise the provider, and con…
After a partner leaves and a Virginia firm changes its name, can the firm keep using the old firm-name domain by redirecting it or posting a notice?
Yes, but only with an explanation. The firm need not abandon the old domain, but redirecting it or posting a notice is misleading unless it also tells visitors the departed lawyer still practices, at …
I'm certified as an elder law attorney by an ABA-accredited organization. Can I put 'Certified Elder Law Attorney' on my letterhead?
Yes, with conditions. The panel held Rule 7.4 permits the inquiring attorney to include the designation 'Certified Elder Law Attorney' on letterhead, but requires identifying the National Elder Law Fo…
Can a criminal defense lawyer agree with the prosecutor not to give discovery copies to the client during the case and to return sensitive materials before it ends?
Yes, as to withholding copies during the case, because Rule 1.4 lets the lawyer satisfy the duty to inform by showing and discussing the materials. But returning 'sensitive' materials before terminati…
Can a Maine lawyer represent a client in a collaborative law process in a family law matter?
Yes. The Maine Rules of Professional Conduct do not prohibit a lawyer from entering a collaborative participation agreement, subject to caveats on scope, confidentiality, competence, fees, unrepresent…
Can a New Hampshire lawyer offer discounted legal services through a group coupon or daily deal site like Groupon?
A lawyer may offer a coupon deal (paid at the time of service) if advertising-cost, conflict, competence, refund, and trust-accounting rules are satisfied; the opinion concludes a prepaid deal is unli…
My law partner wants to become counsel for the municipal pension board, but I represent union members who are suing the municipality over how the board calculates their disability benefits. Is that a conflict for the firm?
Yes. The panel held that a lawyer's proposed representation of a municipality's pension board presents a concurrent conflict of interest under Rule 1.7 where another lawyer in the same firm represents…
I'm holding an escrow fund that unit owners contributed for a deck repair, but the client no longer wants the deck, the condo association wants the money, and the special assessment was rescinded. Who do I pay?
The panel held Rule 1.15(e) requires the attorney to protect the disputed escrow funds by keeping them in the account until the dispute over entitlement is resolved, and does not obligate the attorney…
After a real estate closing, can or must a lawyer who learns the buyer and seller committed fraud (including bad checks) disclose it to the lender or law enforcement?
Generally no. The fraud is confidential information under Rule 1.6, and Rule 3.3 does not apply because no tribunal is involved. Disclosure is permitted only in narrow situations: to withdraw a repres…
Can a Michigan judge serve on a board that awards grants, and must the judge recuse when a grant recipient later appears as a party?
A judge may serve on and make grant recommendations for a law-improvement organization, and is not automatically disqualified from a grant recipient's later cases, but should disclose and recuse where…
What civic and charitable activities may a judge join, and how far can a judge go in lending a name, title, or presence to an organization without crossing into soliciting funds?
A judge may serve and be listed with a bona fide civic, charitable, religious, fraternal, or educational organization, speak at or be honored at its events, and allow use of the judge's name, but may …
Does an Ohio judge have to step aside from a case when one of the lawyers is working on the judge's election campaign?
The opinion concluded that a lawyer's mere participation in a judge's current election campaign does not require the judge to disqualify, but disqualification is warranted for at least the campaign fu…
Can a Michigan lawyer sell legal services through a daily-deal coupon site that keeps a percentage of each purchase?
The opinion concluded that participating in coupon-type marketing where a nonlawyer vendor keeps a portion of the purchase price is impermissible fee sharing with a nonlawyer under MRPC 5.4(a), and th…
Can a New York lawyer buy physical evidence, such as surveillance video, for use in litigation, and can the payment be contingent on the case outcome?
Yes in general, and the payment may be contingent on the outcome, but limits apply: a lawyer may not pay outcome-contingent compensation to someone who will be a witness (Rule 3.4(b)), and may not off…
When a client leaves, what electronic records must a North Carolina lawyer hand over, and in what format?
Under Rule 1.16(d) the lawyer must surrender everything in the file the client is entitled to and that would help successor counsel, and electronic records are treated the same as paper. Using legal j…
Can a North Carolina lawyer disburse against funds credited to the trust account by ACH or EFT before the transfer is final?
Yes. ACH and EFT transfers are designed to make funds available immediately, like wired funds, and the risk of reversal is slight, with notice to the lawyer in time to act. A lawyer who learns of a re…
When a court appoints a guardian ad litem for a child or protected person, can the other lawyers in the case contact that child or person directly, or must they go through the guardian ad litem?
They must go through the guardian ad litem. The opinion concludes a guardian ad litem is both alter ego and attorney for the child or protected person, so Rule 4.2's bar on contacting a represented pa…
Can a personal injury lawyer outsource the resolution of health-insurance liens to a lien-resolution company and pass that fee to the client as a litigation cost?
The opinion concludes a lawyer may engage a lien-resolution company; the fee may be charged to the client as a cost only if the work is the equivalent of accounting or appraising (not the practice of …
Can a New York lawyer move unearned client retainers from one escrow account to another lawyer's escrow account to protect them from a creditor's levy?
No. Unearned advance-payment retainers belonging to a lawyer's clients must stay in that lawyer's own escrow account and cannot be transferred to another lawyer's escrow account to shield them from a …
What conflict, fee, confidentiality, and unrepresented-party rules apply to a D.C. lawyer handling a private adoption for a birth parent or adoptive parents?
The opinion concludes that private (independent) adoptions raise recurring duties a lawyer must address up front, mostly under the conflict rules. A lawyer for a birth parent may accept fees from the …
Can a lawyer claim a profile on a rating or social-media site for lawyers, and can the lawyer trade endorsements with other lawyers?
A lawyer may claim a profile and post accurate information, but must check how the site's ratings work, must monitor and disclaim false ratings or endorsements where feasible, and may not give another…
Can a lawyer pay to participate in an online lead-generation service that sends the lawyer prospective clients' contact information?
Yes, qualified. A lawyer may pay a flat or per-lead fee to a lead-generation service only if the service matches lawyers and clients on disclosed, objective criteria and does not recommend, endorse, o…
If a California lawyer represents a debtor in a pro bono simple, no-asset Chapter 7 bankruptcy and concurrently represents one of the debtor's creditors in an unrelated matter, must the lawyer obtain informed written consent from both clients?
Per California Formal Opinion 2014-191, no informed written consent is required under former Rule 3-310(C)(3) because a simple, no-asset Chapter 7 is an in rem proceeding that does not create direct a…
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.