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 in a trademark cancellation case share a client's online petition and post a survey on social media without violating the trial-publicity rule?
Yes, unless the lawyer knows or reasonably should know the statements have a substantial likelihood of materially prejudicing the proceeding; the opinion finds prejudice unlikely before a nonjury pane…
Can a Texas lawyer make a client waive civil barratry remedies, settle a barratry claim with an unrepresented client, and must the lawyer report a barratry suit against themselves?
Per the Committee, a lawyer cannot use a client waiver to escape the disciplinary rules against barratry, and including such a waiver without explaining it may be ineffective can be a misrepresentatio…
Can a court-appointed criminal defense lawyer in Texas be paid a county fee schedule that pays more if the case goes to trial than if it ends earlier?
Per the Committee, yes; a county fee schedule that pays a fixed amount keyed to how far the case progresses is not a prohibited criminal contingent fee, as long as payment does not depend on the outco…
Can a Texas lawyer charge to review a pro se litigant's divorce self-help forms while requiring the litigant to sign that no lawyer-client relationship exists?
Per the Committee, no; advising a pro se litigant about their forms for a fee is the practice of law, so a signed disclaimer cannot erase the lawyer-client relationship and demanding one may itself be…
Can a New York law firm enter an exclusive deal with a marketing company that does forensic mortgage analysis, pay it for referred clients, and tie its fee to the firm's legal fee?
No. The opinion concludes the arrangement is an impermissible cooperative business arrangement under Rule 5.8 because the company is not a listed profession, and the firm may not pay the company for r…
Can a furloughed government lawyer keep defending the agency against other employees' furlough appeals while also challenging his own furlough?
No, not on furlough matters if he intends to challenge his own furlough; that personal-interest conflict cannot be waived. He may handle unrelated agency work with the agency's informed consent, and m…
Is a county public defender's office a single firm for conflict imputation when its assistant public defenders work independently from separate private offices?
Yes. The opinion concludes a statutory public defender office is one firm under Rule 1.10(a), so one assistant's Rule 1.7, 1.8, or 1.9 conflict is imputed to the others, including part-timers acting a…
If a real estate lawyer also acts as a paid title insurance agent in the same deal, is the legal fee automatically excessive where the two roles overlap?
No. The opinion modifies N.Y. State 576 and holds that overlap between the work done for the client and for the title abstract company does not automatically make the legal fee excessive; reasonablene…
Can a nonlawyer tax representative pay a lawyer a percentage of the nonlawyer's contingent fee to handle a North Carolina property-tax appeal?
No. Because the Property Tax Commission appeal requires a licensed lawyer, the fee may only be earned by a lawyer, and paying the lawyer out of the nonlawyer's contingent share (whether by percentage …
Can a North Carolina prosecutor seek an order for arrest for a defendant's failure to appear when the prosecutor knows the defendant did not appear because he is in ICE custody?
Yes. Rule 3.8 bars prosecuting a charge not supported by probable cause and emphasizes the duty to seek justice, but a failure to appear need not be willful. Where the legal requirements for an order …
After serving as the substitute trustee in a foreclosure and receiving confidential information from the unrepresented borrower, may a North Carolina lawyer later represent the lender in related litigation?
Usually a lawyer who served as a foreclosure trustee may resign and represent the lender. But where the lawyer stayed on as trustee after the foreclosure became contested and let an unrepresented, ine…
In a closing for a bank-owned foreclosed property, may the seller's lawyer also represent the buyer, and if the buyer declines, may the firm represent only the seller and still charge the buyer?
The lawyer may jointly represent buyer and seller only if Rule 1.7 is satisfied, including informed consent confirmed in writing and disclosure of the firm's ongoing relationship with the seller. If t…
When a firm lawyer is disbarred (or suspended, disappears, or dies), what duty do the remaining lawyers have to safekeep and return that lawyer's client files?
The remaining lawyers are responsible for safekeeping and properly disposing of both the active and closed client files of the departed lawyer in their custody, and may not turn closed files over to a…
Can a North Carolina law firm send a nonlawyer field representative to a prospective client's home to explain the firm and obtain a signed representation contract?
Not unless a firm lawyer has first reviewed the prospective client's relevant facts and circumstances and determined that an offer of legal services is appropriate. Once a lawyer makes that initial de…
Can different lawyers in the same circuit public defender office represent co-defendants when one lawyer would have a conflict of interest?
No. A circuit public defender office is a 'firm' under Rule 1.10(a), so a conflict that would bar one public defender is imputed to all lawyers in that office, though imputation applies only after an …
Can a lawyer pay client court costs and fines with a rewards credit card and keep the points, and must the lawyer disclose this to the client?
Yes, with conditions. The committee concluded that using a rewards credit card to pay client court costs or fines and keeping the points is ethically allowable if done consistently with Rule 1.7; whet…
Can a Texas firm keep a lawyer's name in the firm name when that lawyer takes an out-of-state job that bars private practice, and can the lawyer stay a member?
Per the Committee, no, the firm may not keep the name of a lawyer barred from practicing with it, because that would mislead the public; but the lawyer may remain a member and keep a financial interes…
Can the general counsel of an entity jointly owned by two cities be an employee of one of those cities, which pays and can fire the lawyer?
Per the Committee, yes; being paid and employable-at-will by one city does not by itself create an impermissible conflict, as long as the entity consents, the lawyer's independent judgment and the rel…
Does a Texas lawyer have to report another lawyer to the bar for using a prohibited city-based trade name like 'CityX Law Group'?
Per the Committee, no; using a prohibited city-based trade name violates Rule 7.01 but, standing alone, is not serious enough to raise a substantial question about the other lawyer's honesty, trustwor…
Can a Texas district attorney publish on the office website the names of people charged with DWI over a holiday to deter drunk driving?
Per the Committee, yes; publishing the names of all those charged with DWI during a holiday period does not by itself violate the rules, provided the charges rest on probable cause, the purpose is to …
Can a Texas lawyer sign letterhead demand letters for a credit-repair company's customers the lawyer has never represented or even spoken with?
Per the Committee, no; providing signed letterhead letters that state or imply the lawyer represents the company's customers, when the lawyer does not, makes false and misleading statements to the rec…
Can an appellate lawyer in a legal aid office argue that the defendant got ineffective assistance from a trial lawyer in the same office?
Only with a valid client waiver. Trial counsel's own conflict in attacking his work is essentially nonconsentable, but a colleague's imputed conflict is judged from the colleague's position, so the ap…
Can a New York lawyer or law firm list practice areas under a 'Specialties' heading on a social media profile like LinkedIn?
Not under that heading. The opinion holds that listing services under a 'Specialties' label claims the lawyer or firm specializes, which Rule 7.4(a) forbids unless the individual lawyer is certified a…
Can a New York lawyer donate legal services to be auctioned at a charity fundraiser?
Yes. The opinion overrules N.Y. State 524 and permits donating legal services for a charity auction, subject to conditions: the lawyer must be competent for the offered service, disclose limits includ…
Does a government lawyer have a nonwaivable conflict of interest when advising the agency on a furlough or pay cut that also reduces the lawyer's own pay?
Generally no. The Committee concludes an economic interest shared by a whole class of government lawyers, like a furlough hitting all agency employees, does not disqualify them from advising or repres…
Must a lawyer give a deceased client's file to the executor of the estate who requests it?
It depends on the executor's legal rights. If the executor is legally entitled to the same access the decedent had, the lawyer should ordinarily provide the whole file. If not, the file's confidential…
How may a New Hampshire lawyer investigate an opposing witness through Facebook or Twitter without violating the ethics rules?
A lawyer may view a witness's public social media, but to reach restricted content the lawyer (or an agent) must truthfully identify the lawyer and the lawyer's role in the matter; a name-only or disg…
When a former client claims ineffective assistance of counsel, may the defense lawyer voluntarily give the prosecutor confidential information before a court orders disclosure?
Formal Ethics Opinion 2013-F-156 concludes that the self-defense exception to confidentiality (RPC 1.6(b)(5)) permits, but does not require, a defense lawyer accused of ineffective assistance to make …
Can a lawyer ask the client to indemnify the lawyer against claims by a non-client who receives the lawyer's opinion letter?
Yes. The opinion concludes Rule 1.8(h)'s bar on prospectively limiting malpractice liability protects only the client, so a lawyer may ask the client to indemnify against malpractice or other claims b…
Can a government lawyer challenge his own furlough and also defend the agency against other employees' furlough appeals?
The lawyer may file his own furlough appeal if it does not impermissibly affect representing the agency, but if he files it he generally cannot also defend the agency against similar appeals. If he do…
Can a former judge in Ohio keep using the title 'Judge' or 'Honorable' after leaving the bench?
The opinion concluded that former judges generally may not use a judicial title while practicing law, providing law-related or other business services, working in government, or doing charity or commu…
Is a lawyer's blog that doesn't discuss law an attorney advertisement subject to the advertising retention rules?
No. The opinion concludes a blog whose primary purpose is not the retention of the lawyer, and which does not discuss legal topics or solicit clients, is not an 'advertisement' under Rule 1.0(a), so t…
What must a lawyer do after a case ends if they learn that material evidence they or their client offered was false?
The opinion concludes that under New York Rule 3.3(a)(3) the lawyer must take reasonable remedial measures, and unlike the ABA rule the duty survives the end of the proceeding. The lawyer must first t…
Can a Virginia lawyer volunteer at a courthouse self-help center for pro se litigants without forming an attorney-client relationship?
It depends on what the volunteer does. Handing out forms, sample pleadings, and general legal information is not 'short-term limited legal services' and creates no client-lawyer relationship; helping …
Do the ethics rules make a lawyer a 'gatekeeper' who must report a client suspected of money laundering?
No. The opinion concludes the Model Rules neither require nor permit a lawyer to act as a mandatory-reporting gatekeeper, but it is prudent for lawyers to perform risk-based client due diligence to av…
Can a lawyer who works as a town court clerk represent a private client who has a matter pending in the clerk's own court?
Yes, subject to limits. No ethics rule categorically bars it. If the clerk has no role or only ministerial duties in the client's matter before the clerk's court, the clerk may represent the client el…
How long does a Kentucky lawyer have to keep a closed client file, and when can it be destroyed?
The rules set no fixed period, but the opinion advises keeping a closed paper or electronic file at least five years, longer where the matter involves a minor, taxes, or other special circumstances, a…
Can a Michigan lawyer who is a former judge advertise that prior judicial service in print and video ads for the law firm?
The opinion concluded a lawyer who is a former judge may make a truthful statement referring to a past judicial position, including the years it was held, in communications subject to MRPC 7.1; anythi…
Can a lawyer who is running against a sitting judge keep representing clients in cases before that same judge?
The opinion concludes there is no per se bar. The lawyer-candidate may continue the representation but must disclose the candidacy to the client at the earliest opportunity under MRPC 1.4(b) and decid…
Can two Texas lawyers agree to send each other all of their cases in the other's practice area, even if no fees are split?
Per the Committee, no; a mutual promise to refer all cases in the other lawyer's field is each lawyer giving something of value to the other to solicit employment, which violates Rule 7.03(c) even tho…
Can a Texas lawyer appear as a 'friend of the court' for a minor in immigration court without becoming the minor's lawyer?
Per the Committee, a lawyer may appear as a 'reputable individual' friend of the court only if the regulatory conditions are truly met, or candor and dishonesty rules are violated; and if the lawyer a…
Can a plaintiff's lawyer in West Virginia personally agree, as a condition of settlement, to indemnify and hold the defendant harmless from third-party claims or liens on the settlement funds, and can defense counsel demand it?
No. The Board concludes a lawyer's personal agreement to indemnify and hold the opposing party harmless from third-party claims or liens violates Rules 1.8(e) and 1.7(b), and defense counsel who propo…
When a North Carolina lawyer collects money from a client to pay a third-party expense like a court reporter, must the money go into the trust account?
Yes. Money a client gives a lawyer to pay a third party in connection with legal services is entrusted property and must be deposited in the trust account, regardless of who is contractually obligated…
Can the attorney for an executor represent the executor in a dispute brought by estate beneficiaries over the final accounting?
The opinion concluded that, absent other factors, the attorney for the executor of an estate does not have a conflict precluding him from representing the executor in an action by beneficiaries agains…
If a lawyer holds judgment funds the client is entitled to, must the lawyer pay them to the client even though the losing side's appeal is still pending?
Yes, if the client is entitled to the funds as a matter of law. The opinion concludes Rule 1.15(b) requires the lawyer to promptly pay such funds on the client's request, while advising of a possible …
Can a town attorney who advised the building inspector then represent the zoning board of appeals in a related Article 78 case?
Yes, ordinarily. The opinion holds the town attorney represents the Town as an entity, so advising the building inspector and later appearing for the zoning board are both service to one client, not d…
Can a Utah lawyer pay a non-lawyer for client referrals, run joint advertising with a chiropractor or insurer, or own a business expecting it to send clients to the lawyer?
The opinion concludes a lawyer may not give anything of value, directly or indirectly, for a referral (and reciprocal-referral agreements are barred in Utah); joint advertising with a non-lawyer is no…
Can a government entity's lawyers send a litigation-hold e-mail asking employees to preserve documents to an employee who is the represented plaintiff in the suit against the entity?
The opinion concludes it violates Rule 4.2 for a government entity's attorney's office to send the litigation-hold e-mail to an adverse represented employee, because the e-mail concerns the subject of…
Can a lawyer serve both as a member of a nonprofit's board of trustees and as the paid attorney for that same board?
Yes, with no per se conflict. The opinion concludes a lawyer may serve as a director or board member of a nonprofit organization and also as its attorney without a conflict of interest per se, with Ru…
Can a lawyer destroy the old client files of a deceased attorney, and what notice and confidentiality steps are required first?
The opinion concludes the files may be destroyed, but only after notifying each affected client and protecting their confidences; the lawyer must limit any review to what is needed to give notice and …
Can a lawyer list the areas of practice he concentrates in, such as in a Martindale-Hubbell directory entry, without improperly claiming to be a specialist?
Yes. The opinion concludes a lawyer may list fields of concentration in a legal directory so long as the listing is not materially false, deceptive, or misleading and the lawyer does not claim to be a…
If a court orders a lawyer to reveal client confidences the lawyer thinks are irrelevant to the case, can the lawyer comply without violating the ethics rules?
Yes. The opinion concludes a lawyer may reveal client confidences or secrets when required by law or court order and is not subject to discipline for doing so, but must first raise and assert the conf…
Can a lawyer ask close friends, relatives, and regular clients whether they have a will, and keep estate-planning brochures in the office?
Yes. The opinion concludes a lawyer may volunteer in-person advice and provide resulting services to close friends, relatives, and regular clients, because Rule 7.3 does not bar in-person contact with…
Can a law firm list a paralegal or other non-lawyer staff member's name on the firm letterhead?
Yes, with a disclaimer. The opinion concludes a lawyer may list a paralegal's name on the letterhead if it is accompanied by language stating the person is not a lawyer; the term 'associate' may not b…
How is a contingent fee calculated when a personal injury case settles in a structured settlement, and can the lawyer require a lump-sum payment of the fee?
The opinion concludes the fee method should be set in the contingent fee contract; absent that, when the fee is paid in a lump sum the fee should be based on the present value or the cost to the defen…
Can a lawyer retain a non-lawyer medical consultant on a contingent fee to evaluate a case and find expert witnesses, if the consultant will not testify?
Yes. The opinion concludes a lawyer may use a non-testifying medical consultant paid on a contingent basis, because Rule 5.4(a) is not triggered where the consultant's fee is separate from and not a p…
After briefly representing a conservator, can a lawyer turn around and represent the ward against that conservator, and must the lawyer tell the court about the conservator's apparent wrongdoing?
The opinion concludes the lawyer is not disqualified under Rule 1.9 where the prior representation was not substantially related to the new matter and no privileged information was received; he could …
Can a lawyer take a case to collect past-due alimony or child support on a contingent fee?
Yes. The opinion concludes a lawyer may collect past-due alimony or child support on a contingent fee, following Rule 1.5; the rule's bar on domestic-relations contingent fees applies to fees continge…
Can a law partner of the city prosecutor defend a criminal defendant if the prosecutor was never personally involved in the case?
No. Because the city prosecutor could not defend a criminal case brought by the municipality, Rule 1.10 imputes that disqualification to every lawyer in the prosecutor's firm, even after the case is m…
How can a surviving law partner divide fees on pending files with the estate of a deceased partner when their agreement is silent on work in progress?
Without an agreement covering work in progress, Rule 5.4(a) bars sharing fees with the deceased partner's estate; the estate may be compensated only on a quantum meruit basis for work the partnership …
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.