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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Is there a conflict of interest if a lawyer only suspects, but cannot identify, that some other client might oppose a new client's matter?
The opinion concludes that Rule 1.7(b)(1) requires disclosure and informed consent of all affected clients when, at the start of a specific matter, the lawyer knows an identifiable second client will …
Can a North Carolina lawyer join a commercial barter exchange and accept barter dollars for legal work?
Yes, with conditions. The opinion concludes a lawyer may participate in a barter exchange as long as the exchange exercises no influence over the lawyer's professional judgment, the exchange's listing…
Can a lawyer render a title opinion by tacking to a mortgagee's title policy, and is that an ethics question?
The opinion concludes the standard of care for tacking is outside the Ethics Committee's purview and withdraws the part of RPC 99 that addressed it; whether tacking to an owner's or a mortgagee's poli…
Can a closing lawyer place a client's title insurance with an agency owned by the lawyer's spouse?
No. The opinion concludes that placing a client's title insurance with an agency in which the lawyer's spouse has an ownership interest is a personal conflict of interest under Rule 1.7(a)(2) that is …
What ethical duties does a lawyer take on by receiving or paying a referral fee in Wisconsin?
The opinion concludes that under SCR 20:1.5(e)(3) a referring lawyer who shares a fee assumes the same responsibility for the representation as a partner of the receiving lawyer: the referring lawyer …
May a lawyer for an insurance carrier send forms to a represented workers' compensation claimant, or have non-lawyer claims adjusters do it, without the claimant's lawyer's consent?
A carrier's lawyer may not send forms directly to a known-represented claimant without the claimant's counsel's consent, but may direct non-lawyer adjusters to send them after giving reasonable advanc…
I represent two clients in separate divorces. One client's spouse alleges the two clients had an affair and wants to depose the other client. Can I keep representing both at that deposition?
Yes, on these facts. The panel held there is no Rule 1.7 conflict in representing both clients at the deposition, because both deny the alleged affair, their interests are not adverse and may be align…
I represented two co-insureds in a case and it's over. One wants the file, the other wants me to keep it, and the insurer wants me to keep it too. Who gets the file and who pays for copies or shipping?
Both joint clients are entitled to the file. The panel held the lawyer's obligation under Rule 1.16(d) is satisfied by giving one client the original and the other a copy, that the lawyer may not char…
Can a lawyer or investigator send a fake or deceptive 'friend request' to view someone's private social media page for use in litigation?
No. A lawyer may not use deception, directly or through an investigator, to access a private social networking page. Truthful 'friending' using the lawyer's or investigator's real name and profile is …
Can a lawyer use the engagement letter to agree up front that client files will be returned or destroyed when the matter ends?
Yes, with the client's informed consent. The engagement letter may authorize the lawyer to return or discard client files at the end of a matter, except documents with intrinsic value (wills, deeds, n…
Can a lawyer add a surcharge when billing a client for the work of a contract attorney hired on a case-by-case basis?
It depends on how the work is billed. If the lawyer supervises and adopts the contract attorney's work as the lawyer's own under Rules 1.1 and 5.1, the work may be billed as a legal fee, subject only …
Can a lawyer who is also a real estate broker share her brokerage commission with lawyers who refer buyers or sellers to her?
Yes, but only if the referring lawyer is not representing the buyer or seller in that transaction, or, if the referring lawyer is, the lawyer remits or credits the referral fee to the client and obtai…
Can a part-time county legislator accept Family Court appointments as attorney for the child when the legislature funds the county attorney and social services offices?
No. The opinion concludes that a county legislator may not accept Family Court appointments as attorney for the child in delinquency, PINS, neglect, or abuse cases, because of the legislator's budget …
Can a lawyer's contingent fee agreement give the lawyer a power of attorney to sign settlements, checks, and documents for the client?
The opinion concluded that a lawyer may not use a contingent fee agreement that grants the lawyer a broad power of attorney to take any action and execute all documents the lawyer deems necessary, inc…
Can a prosecutor condition a plea offer on defense counsel keeping a witness's identity secret from the defendant, and can defense counsel withhold that information to get a better plea?
No on both. A prosecutor who has disclosed a witness to defense counsel cannot then require counsel to withhold that relevant information from the client, and defense counsel cannot keep salient facts…
Can a Texas lawyer turn over unclaimed funds held in trust to the state Comptroller as abandoned property, and report the owner's identifying information, without violating the trust-account and confidentiality rules?
Per the Committee, yes. Nothing in the Rules prohibits delivering presumed-abandoned trust property to the Comptroller; Rule 1.14(b) requires delivery of property a third person is entitled to receive…
In a debt-collection case, can the plaintiff's lawyer be sworn in and testify, or submit a personal affidavit, to prove the debt and get a judgment for the client?
By submitting an affidavit as the only proof of the debt, the lawyer becomes a necessary witness; where the court does not treat the matter as uncontested simply because the defendant fails to appear,…
Can a Virginia lawyer advise a client to make a lawful undisclosed recording of someone, such as a one-party-consent recording?
The opinion concludes a lawyer may advise a client to engage in lawful one-party-consent undisclosed recording where it has a reasonable purpose and does not violate the recorded person's rights; undi…
What must a Florida lawyer do to protect client confidentiality on copiers, printers, scanners, and other devices that store data?
A lawyer who uses devices with hard drives or other storage media must take reasonable steps to protect client confidentiality and to have the device sanitized before disposal, including identifying t…
Can a lawyer view an opposing party's public Facebook or MySpace pages to gather impeachment material, without 'friending' the party?
Yes. A lawyer may access the public social networking pages of another party for impeachment material, as long as the lawyer does not 'friend' the party or direct anyone else to do so, and uses no oth…
Can a lawyer store client confidential information with an outside online 'cloud' storage provider, and what precautions are required?
Yes. A lawyer may use online cloud storage for client files if the lawyer takes reasonable care to keep the information secure and confidential under Rule 1.6, and stays abreast of changing technology…
Can a settlement require the plaintiff's lawyer to guarantee that medical liens are paid, or to indemnify and hold the defendant harmless from those liens?
Formal Ethics Opinion 2010-F-154 concludes that a plaintiff's lawyer is obligated under RPC 1.15(c) to safeguard settlement funds in which a third person has a matured legal or equitable interest (a p…
I represent my municipality in labor and personnel matters. Can I take on a case against the municipality's school department for a different client?
No, not without the municipality's consent. The panel held that the school department is part of the same client the attorney already represents, so suing it on behalf of new clients creates a concurr…
Are state public defenders in the central appellate office and the trial branch offices one 'firm' for imputing conflicts, and can an appellate defender argue another defender was ineffective at trial?
The opinion concluded that, given the State Public Defender's structure (a central appellate office and separate trial branch offices in different counties, with separate databases), the appellate and…
Does a Maine lawyer who works only as a guardian ad litem need an IOLTA account, and can they partner with non-lawyer GALs?
No, on these facts. The opinion concludes that serving as a court-appointed GAL is a law-related service, not the practice of law, so a lawyer who works only as a GAL is exempt from the IOLTA requirem…
Do the ethics rules limit what I can put on my law firm website, and can a website inquiry create duties to a prospective client?
Yes. Website content is a communication about the lawyer's services subject to Rules 7.1, 8.4(c), and 4.1(a), so it must not be false or misleading. A website that invites inquiries can create a prosp…
Can an assistant city attorney refuse to stop representing the city after being discharged, on the ground that civil service rules protect the lawyer's job?
Per the Committee, no. Rule 1.15(a)(3) requires a lawyer to withdraw when discharged, with or without good cause, unless a tribunal orders otherwise. The lawyer's civil-service employment protections …
Does a government agency's lawyer have to make sure the agency's non-lawyer enforcement officers don't contact a represented regulated person directly?
Per the Committee, only over officers the lawyer directly supervises. Rule 4.02(a) bars the agency lawyer from contacting a represented person or causing or encouraging others to, but where the lawyer…
Does a North Carolina lawyer have to add a dramatization disclaimer when using stock photographs in legal advertising?
No. The opinion concludes that because stock photographs are static and do not have the same tendency to mislead as video dramatizations of fictional cases, a lawyer may use them in a print or video a…
If a lawyer meets with both spouses as a prospective divorce mediator, can he later represent one spouse in the case?
No, not without the other spouse's consent. The opinion concludes that a lawyer who held himself out as a neutral and had substantive discussions with the wife about the mediation process participated…
Can a law firm post past verdicts, settlements, and selective case lists on its website, and how must self-laudatory memberships be presented?
The opinion concludes a firm may showcase accurate verdicts, settlements, and favorable case lists on its website if a tailored, prominently placed disclaimer accompanies them, and any reference to a …
Can a lawyer who regularly represents a lender represent a debtor in a Chapter 13 bankruptcy where that lender is a creditor?
Only with informed consent confirmed in writing from both clients, and only if the lawyer reasonably believes he can competently and diligently represent the debtor while adequately protecting the len…
How far can a Maine lawyer go in advising or assisting a client with a medical-marijuana business?
Only so far. Because dispensary conduct violates federal criminal law, Rule 1.2 lets a lawyer explain the law and help a client make a good-faith effort to determine its validity, scope, or meaning, b…
Can a lawyer who is also his client's bail bondsman add language to the bond letting the lawyer enter a no-contest plea if the client misses a court appearance?
Per the Committee, no, for three reasons. The added bond term is an unfair business transaction with the client under Rule 1.08(a)(1), it creates a non-waivable conflict between the lawyer's bondsman …
Can a Texas firm keep representing a client against an opposing party after hiring an associate who used to represent that opposing party, if the firm screens the new associate?
Not without the adverse party's consent if there is a reasonable probability the associate's prior representation implicates Rule 1.05 confidences or the matters are substantially related. The Committ…
Can a small-town prosecutor married to a police officer prosecute that officer's cases?
The opinion finds a personal-interest conflict under Rule 1.7 that the government client can waive by informed consent confirmed in writing; the scenario with two separate firms presented no conflict.
What are a New Hampshire lawyer's ethical obligations when representing a client the lawyer cannot communicate with directly in a shared language?
The lawyer may represent the client, but should use a qualified, impartial interpreter and take steps to protect confidentiality, in order to meet the competence, communication, and confidentiality du…
When does an email from a would-be client create duties under New Hampshire's Rule 1.18, and can a firm screen the lawyer to avoid disqualifying the whole firm?
Once a New Hampshire lawyer receives and reviews information sent in good faith by someone seeking representation, Rule 1.18 confidentiality duties attach; if the information could be significantly ha…
Can an Ohio judge let a sentenced offender make a charitable donation instead of performing a community service sanction?
The opinion concluded that, unless authorized by law, a judge should not grant an offender's request to fulfill a community service sanction by making a financial contribution to a charity. The Board …
Can a lawyer settling a malpractice claim require the client to withdraw a disciplinary grievance or promise not to file one?
The opinion concluded that it is improper for a lawyer to require a current or former client to withdraw a disciplinary grievance or to refrain from filing one as part of settling a malpractice claim;…
My law partner used to work at the firm defending the other side in a case I've now been asked to try for the plaintiff, and my partner deposed the plaintiff back then (though wasn't lead counsel). Can I take the case?
Yes, under Rule 1.10(c). The panel held the law partner has a disqualifying Rule 1.9(a) conflict from deposing the plaintiff on behalf of the defendant at the former firm, but the inquiring attorney m…
I'm a full-time municipal zoning official (not a lawyer role) who also runs a part-time solo land-use practice. Can I put 'J.D.' on town paperwork, keep my private practice in that same town, share office space with a real estate developer who deals with me officially, and represent that developer's real estate matters in other towns?
Yes to all four, according to the panel, subject to observing the ordinary confidentiality, conflicts, and office-sharing disclosure rules, and subject to whatever the municipality's own rules, regula…
Can a Texas lawyer be a partner in a firm whose other partners are licensed only in other states or countries and who sometimes do legal work in the Texas office?
Yes. The Committee concludes a lawyer licensed elsewhere is a 'lawyer,' not a 'non-lawyer,' under Rule 5.04, and on these facts the out-of-state and foreign partners' occasional Texas work is not unau…
Can a lawyer not admitted in Alaska open an Alaska office limited to federal immigration practice?
Yes. The opinion concludes Rule 5.5(d)(2) lets a lawyer admitted elsewhere maintain an Alaska office for federal immigration work, but only if the lawyer makes clear they are not an Alaska lawyer and …
Can a lawyer draft pleadings and advise a pro se litigant behind the scenes without disclosing the help to the court?
The opinion concluded that a lawyer may provide unbundled legal services to a pro se litigant, including drafting pleadings and advising on what to do in court, and need not disclose that assistance t…
In a North Carolina child support enforcement case, does the CSE program lawyer represent the custodial parent or the government agency?
The opinion concludes the lawyer for the child support enforcement (CSE) program represents the government agency bringing the action, not the custodian of the children, so opposing counsel may commun…
Can a lawyer serve a North Carolina subpoena on an out-of-state medical provider knowing the subpoena is unenforceable there?
No. The opinion concludes a lawyer may not use the subpoena process to mislead an out-of-state health care provider into believing it must comply with a North Carolina subpoena that is unenforceable i…
Can an insurance defense lawyer file pleadings and appear in court for an insured who has vanished and never authorized the representation?
The opinion concludes a lawyer may not appear for an insured who has not authorized the representation and with whom no client-lawyer relationship exists; the carrier's contractual authority to select…
Can a lawyer email other lawyers asking them to refer cases, such as injuries from a particular drug, without it being a regulated solicitation?
Yes. Emails seeking referrals from other lawyers are not 'advertisements' or 'solicitations' under Rules 7.1 and 7.3, but they must still comply with Rule 7.4 (specialization claims) and Rule 8.4(c) (…
Can a lawyer withhold a client's psychotherapy notes from the client when HIPAA restricts the client's access to them?
In this limited context, yes. The opinion concludes a client is not entitled to every part of the file, and an attorney may restrict access to psychotherapy notes consistent with HIPAA and a fee agree…
When a client asks for the file, does an Ohio lawyer have to hand over the lawyer's own notes from client interviews?
The opinion concluded that whether a lawyer's notes are client papers the client is entitled to upon request under Prof. Cond. R. 1.16(d) depends on whether the notes are items reasonably necessary to…
What are an attorney's duties when asked to handle and close the client files of a deceased attorney whose family will not open an estate?
The opinion concludes the assisting attorney has no legal duty to the deceased lawyer's clients, but if the attorney undertakes to close the practice, the attorney must inventory the files, screen for…
Can a Texas lawyer take an assignment of a client's insurance policy proceeds to pay legal fees?
Yes, with limits. The Committee concludes an assignment for completed work is governed only by Rule 1.04; for uncompleted work it is allowed if the policy is not the subject of the matter and the proc…
Can a lawyer pay the litigation expenses of a pro bono client that is not itself indigent, such as a legal-services organization?
Yes. Under Rule 1.8(e)(2), a lawyer representing a client pro bono may pay the client's court costs and litigation expenses whether or not the client is indigent.
What are a Minnesota lawyer's ethical duties regarding metadata in electronic documents?
The opinion holds a lawyer must act competently to avoid improperly disclosing confidential or privileged information in metadata, and a lawyer who receives a document the lawyer knows or reasonably s…
Under New Jersey's rules at the time, could a home office or a 'virtual office' qualify as a lawyer's bona fide office, and how could satellite or of-counsel offices be listed on letterhead?
The Committee concluded a home office could qualify as a bona fide office but a 'virtual office' could not; a virtual office could be listed as a satellite only if marked 'by appointment only,' and of…
Can a Colorado lawyer pay to participate in an online lawyer-marketing or lead-generation program, or does Rule 7.2 treat it as a prohibited paid referral service?
It depends on whether the program is a directory or a referral service. The opinion concludes that under Colo. RPC 7.2 a lawyer may pay the fixed costs of an online directory listing that identifies i…
Can a lawyer join a group radio advertisement that gives no lawyer name or contact information and instead directs listeners to an agent?
No. The opinion concludes that a group radio ad that omits the lawyer's name, principal office address, and telephone number, directing listeners to an agent instead, violates Rule 7.1(h).
When a lawyer learns that the client gave false material evidence to a tribunal, must the lawyer disclose it, even over confidentiality, and must the lawyer withdraw?
Under Rule 3.3, the lawyer must take reasonable remedial measures even if that means disclosing confidential information, but disclosure to the tribunal is required only if no lesser remedial measure …
Is an administrative agency's rule-making or rate-making proceeding a 'tribunal' under the ethics rules, and does Rule 3.5 bar ex parte communications in it?
It is a question of fact: the agency is a 'tribunal' only when a neutral official renders a judgment directly affecting specific parties. Even then, Rule 3.5's ex parte restrictions apply only if the …
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.