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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What must a Wisconsin lawyer tell a client about fees and expenses, and when does that have to be in writing?
The opinion concludes that a lawyer must communicate the scope of the representation, the basis or rate of the fee, and the expenses the client will bear, in enough detail for the client to understand…
What are a prosecutor's ethical duties when dealing with an unrepresented person in Wisconsin?
The opinion concludes that under the amended SCR 20:3.8 a prosecutor must identify their role and interest to an unrepresented person, must tell a person with a right to counsel how to obtain one and …
If a client signed a doctor's lien on settlement proceeds but the lawyer never agreed to honor it, can the lawyer disburse the funds to the client?
No, not while the claim is disputed. The opinion concludes that once a lawyer has notice that a third party asserts an interest in specific trust funds identified by lien, court order, judgment, or co…
Can a lawyer share fees with, and pay for translation and paralegal work by, a foreign law consultant who refers non-English-speaking clients, and pay a referral fee?
The lawyer may accept FLC referrals and may pay the FLC for translation and paralegal work as a client-borne cost, and may share legal fees with the FLC for foreign-law work under RPC 1.5(e) and APR 1…
Can a lawyer represent one wholly owned subsidiary while being adverse to another subsidiary of the same parent company?
The committee concluded the answer is fact-dependent under RPC 1.7, 1.13, and ABA Formal Opinion 95-390, and that the inquiry did not present enough facts to decide, noting RPC 1.7(a)(2) may also appl…
Can a lawyer keep a 'non-refundable availability retainer' as the lawyer's own property if it credits the client future hours, and can hourly-rate work be called pro bono?
No. The committee concluded that a fee crediting future legal services is not a true retainer under RPC 1.5(f)(1), so it must go into trust under RPC 1.15A(c)(2); and labeling full-rate hourly work as…
Can a lawyer hold client trust funds in a CDARS certificate-of-deposit account that carries a withdrawal delay or early-withdrawal penalties?
No. The committee concluded that client trust funds must be capable of withdrawal without delay unless law or regulation requires it, and a client cannot consent to such a delay, so a CDARS account wi…
Do the lawyer conflict-of-interest rules apply to a lawyer acting as a hearing examiner rather than representing a client?
No. The committee concluded that a lawyer serving as a hearing officer is not representing a client, so the conflict-of-interest rules are not implicated, while expressing no opinion on other laws or …
Can defense counsel ethically let a client take an early plea offer that bars reviewing redacted discovery, and must counsel still investigate or share discovery?
The committee concluded counsel must competently explain the offer's scope and restrictions, including any limits on available information and the risk that seeking more discovery may withdraw the off…
When defense counsel must raise a criminal defendant's competency with the court, how much client information can the lawyer disclose under RPC 1.14 and 1.6?
The committee concluded that if counsel is legally obligated to raise competency, the lawyer must do so but should disclose only what is necessary, often just that a competency issue exists, withholdi…
Can a lawyer put a clause in the fee agreement saying that if a client never cashes a refund check from the trust account, the leftover funds become the lawyer's?
No. The committee concluded such a clause violates RPC 1.15A, 1.5, and 1.8; uncashed client funds must be treated as unclaimed property under RCW 63.29, and the rule is the same regardless of the amou…
Can a New York lawyer ask an unrepresented, non-subpoenaed witness to refrain from voluntarily giving information to the opposing party?
Yes. The opinion concludes a lawyer in civil litigation may ask an unrepresented witness to refrain from voluntarily providing information to other parties, but may not advise the witness to evade a s…
When a California lawyer settles a fee dispute with a client, may the settlement agreement include a general release and a Civil Code section 1542 waiver that also covers legal malpractice, and what does the lawyer have to do first?
Per California Formal Opinion 2009-178, a lawyer must promptly disclose to the client the facts giving rise to any actual or potential malpractice claim before entering into such a settlement. The law…
When a settlement check in a California personal injury matter is made jointly payable to the client, the former attorney with a charging lien, and successor counsel, may the former attorney refuse to endorse it without violating former Rule 4-100(B)(4), and what must she do with the undisputed portion the client demands?
Per California Formal Opinion 2009-177, yes, the former attorney may refuse to endorse, because endorsing would extinguish her charging lien under Civil Code section 2913 (per Feldsott). But she must …
In a California case under a fee-shifting statute, may plaintiff's counsel block a settlement her client wants to accept because it waives statutory fees, and does defense counsel violate any ethical rule by recommending or conveying a fee-waiver settlement offer, either in a particular case or as a general practice?
Per California Formal Opinion 2009-176, no on all three counts. Plaintiff's counsel must inform the client of a fee-waiver settlement offer and consummate it in accordance with the client's wishes, ev…
Can jointly represented clients agree in advance to let their lawyer accept an aggregate settlement without each client's approval?
The opinion concluded that the informed-written-consent requirement for aggregate settlements under Rule 1.8(g) cannot be waived; absent court approval, a lawyer may not bind jointly represented clien…
Can a New York lawyer or firm pay a pro bono organization to receive pro bono case referrals?
Yes. The opinion concludes such payments are permitted if the fees are 'usual and reasonable' and the organization is a 'qualified legal assistance organization' under Rule 7.2(b), and the lawyer stil…
When a firm hires a law school graduate who worked in a school legal clinic, can the firm take or keep matters against the clinic's former clients?
Generally yes. The firm may accept or continue matters adverse to clinic clients, but where the matter is substantially related or the graduate gained material confidences, the firm should screen the …
What can a New York lawyer say to a self-represented person on the other side, and must the lawyer correct that person's confusion about the lawyer's role?
The opinion concludes a lawyer may advise a self-represented adversary to get counsel and may give incontrovertible facts or law, but may not mislead them; the lawyer must clarify her role when she kn…
Can a New York lawyer email or write directly to a represented person if the lawyer copies that person's counsel at the same time?
No. The opinion concludes the no-contact rule bars a simultaneous direct communication to a represented person and her counsel unless the lawyer first obtains the other lawyer's prior consent or is au…
What must an Alabama lawyer do when a client intends to commit perjury, or when the lawyer learns the client has already lied under oath?
The lawyer must first try to dissuade the client; if the client insists on testifying falsely, the lawyer must refuse to offer it and move to withdraw. If the lawyer learns of past perjury and the cli…
Does a South Carolina lawyer have to follow Rule 7.3's targeted-solicitation rules when mailing letters offering legal services to everyone in a retirement community or zip code?
No. Letters advertising a lawyer's general availability sent to everyone in a geographic area, such as a retirement community or zip code, are not Rule 7.3(d) solicitations of people known to need leg…
When a landlord and the lawyer's own client both claim money held in the lawyer's trust account, may the lawyer release it, and to whom?
If the third party's (landlord's) claim to the funds is not frivolous, Rule 1.15 requires the lawyer to keep the disputed funds in trust until the dispute is resolved; the lawyer may not release them …
Can a lawyer who served as a child's guardian ad litem in an abuse and neglect case later represent the custodial parent in an action to enforce or modify child support?
No. A lawyer who served as guardian ad litem for the children should not later represent the custodial parent in a child support enforcement or modification action; the child is treated as a former cl…
At a magistrate's docket meeting, may a lawyer ask for a continuance on behalf of another lawyer who is absent, and may a lawyer move to dismiss cases for other lawyers who did not ask the lawyer to act?
A lawyer may appear to request a continuance for an absent lawyer who asked for the favor. A lawyer may not move to dismiss cases on behalf of other lawyers (or their non-client parties) without the l…
If a website like Avvo or Martindale builds a profile and rating for a South Carolina lawyer without the lawyer's involvement, may the lawyer claim the listing and invite peers and clients to post ratings and comments?
A lawyer may claim the listing, but by claiming it the lawyer becomes responsible for all of its content, which is then governed by the advertising rules (Rules 7.1 and 7.2). A lawyer may invite peer …
May a lawyer keep representing a client in a probate appeal while pursuing the lawyer's own personal-injury claim against the client's incarcerated former spouse, and what happens if the client ends the representation?
With the client's informed consent confirmed in writing, the lawyer may continue a limited representation in the probate appeal under Rule 1.2, because the lawyer's and client's interests are aligned …
Must a lawyer personally pay the fee of a Special Referee the trial judge effectively compelled the parties to use, and must the lawyer try to persuade the insolvent corporate client's principals to pay?
No. No Rule of Professional Conduct requires a lawyer to pay the fee of a Special Referee, especially where the trial judge compelled the referral; the Special Referee is a court of record standing in…
In a standard residential real estate closing where the borrower retains the lawyer, does the lawyer also represent the lender, and does following the lender's closing instructions create an attorney-client relationship with the lender?
No. Absent additional facts, a lawyer chosen and retained by the borrower does not represent the lender, and merely following the lender's closing instructions does not create an attorney-client relat…
May a lawyer keep practicing in city court when his firm's senior partner is the mayor who sits on the council that appoints the city court judges?
Yes. The Rules of Professional Conduct do not prohibit the lawyer from practicing in city court; ordinary advocacy is not barred and the conflict rules (1.7 through 1.11) do not apply on these facts. …
Can a law firm's law clerk who interviewed a prospective opposing witness be called to testify about the substance of that conversation?
Yes. Rule 3.7's advocate-witness prohibition applies to lawyers acting as advocates at trial, not to firm employees like a law clerk, so the clerk is not precluded from testifying about the call, subj…
When a client wants to appeal but does not want the trial lawyer to handle the appeal, must the lawyer file the notice of appeal, and can a scope limitation in the retainer change that?
Under Rule 1.16(d) the lawyer must take reasonably practicable steps to protect the client's interests on termination. In a criminal matter the lawyer may be required to file the notice of appeal and …
When a real estate lawyer is a title insurance agent for two underwriters whose premiums differ, must the lawyer use the cheaper underwriter or disclose the price difference to the client?
The lawyer is not required to write the policy with the cheaper underwriter, but Rule 1.4 obligates the lawyer to disclose the premium difference and any other relevant differences so the client can m…
When several public defenders from the same office represent co-defendants with inconsistent defenses, must each get the client's informed consent in writing under Rule 1.7?
No, if the office satisfies the screening and autonomy exceptions in Rule 1.10(e); when those are met the attorneys need not turn to Rule 1.7 or obtain written informed consent, even if a co-defendant…
What are an Arizona lawyer's duties when withdrawing from a case, can the lawyer bill for withdrawal work, and what is owed to the former client?
The lawyer must keep representing the client competently until withdrawal is granted, disclose client confidences only as narrowly as ER 1.6 allows when explaining the withdrawal, may charge a reasona…
Can a lawyer defend a physician when his firm already represents the co-defendant hospital in other cases, and he represents another physician who will testify against this one?
No. Where the physician's position is directly adverse to the firm's hospital client and to another physician-client who will testify against him, the opinion finds non-consentable conflicts under Rul…
In a residential real estate closing, may a closing-only lawyer rely on a non-lawyer coordinator's word that recordation and disbursement were properly handled, and can the lawyer limit the scope to avoid responsibility for the other steps?
A lawyer may not rely solely on a non-lawyer's representations that the practice-of-law steps of a closing were performed correctly, and may not accept blanket assurances. A lawyer may rely to some ex…
When an organization is represented by counsel, which of its current and former employees may opposing counsel contact without permission?
Opposing counsel may contact a current constituent unless that person directs the matter, can bind the organization, or whose conduct may be imputed to it; former constituents may be contacted freely,…
Can a guardian ad litem for a child disclose what the child told them, against the child's wishes, to investigate and report suspected abuse?
Yes. A guardian ad litem is bound by Rule 1.6 confidentiality except where the GAL's special duties conflict; the committee concludes the GAL must independently investigate abuse allegations and may d…
In Alabama, can a lawyer treat a flat fee as earned on receipt, or must the unearned flat fee go into the IOLTA trust account?
A flat fee received before the work is done is unearned and must be held in the lawyer's IOLTA account until earned, because all fees paid in advance are refundable to the extent unearned. The only ex…
Can a law firm employ a disbarred or suspended lawyer, and what work can that person do?
The opinion concluded that a lawyer or firm may employ a disbarred, resigned-with-discipline-pending, or suspended attorney only under the conditions of Gov. Bar R. V(8)(G) and (H): the firm must regi…
Can a city law director who has no duty to prosecute state-law crimes still defend criminal cases?
The opinion modified Opinion 2008-5 to hold that a city law director, assistant, or village solicitor who has no legal duty to represent the state may represent criminal defendants if no city police o…
In Alabama, can a lawyer represent criminal clients when a partner serves as a part-time municipal court judge or part-time assistant district attorney?
A partner or associate of a regularly serving part-time municipal court judge may not represent clients in that court, because the conflict is imputed under Rule 1.10. A partner of a part-time assista…
Can a firm pay a for-profit marketing company an annual fee to advertise its services to a company's employees at a reduced rate?
No. The committee concluded the arrangement violates Rule 7.2(d)(2): paying an annual fee to a for-profit 'lawyer referral service' to steer a select group of employees to the firm is giving something…
Can a state's attorney's office also run the community service program that monitors the sentences it helped obtain?
No. The committee concluded that taking on the community service coordinator role creates an irreconcilable conflict under Rule 1.7, because the program is funded in part by fees from people sentenced…
Can a law firm cooperate with a client's outside billing auditor and pay the auditor a percentage of the firm's billings directly from the firm's account?
Yes, with the client's informed consent. The committee concludes that cooperating with a client-hired auditor and paying it a percentage of billings from the firm's account is an allocation of costs b…
Can a New Jersey lawyer charge a 50 percent contingent fee in a consumer-protection case where the recovery includes statutory attorneys' fees?
The Committee concluded a fixed 50 percent contingency cannot be deemed reasonable per se and cannot be broadly approved where it would exceed the statutory, regulatory, or decisional framework that g…
Can a prosecutor condition a plea deal or pretrial intervention on the defendant releasing civil claims and agreeing to hold harmless the police or government?
No. The Committee concludes RPC 3.4(g) prohibits a prosecutor from conditioning a plea or entry into pretrial intervention on the defendant's release of civil liability and a hold-harmless agreement, …
Can a law firm's employment agreement require a departing lawyer to pay the firm part of fees earned from clients who follow her?
Yes, but only if the formula is fair. The opinion concludes a firm may include a departure fee-division provision as long as it is reasonably calculated to compensate the firm for resources it investe…
In North Carolina, which advance legal fees must go into the trust account, and which can a lawyer treat as earned on payment?
The opinion gathers and reconciles the prior fee opinions and sorts advance fees into types: an advance payment (billed against, usually hourly) remains the client's property and must stay in the trus…
Can a Maine lawyer mine an opposing counsel's electronic document for metadata, and does the sending lawyer have to scrub it first?
No to mining: a lawyer may not seek to uncover metadata containing confidential information the lawyer should know was not meant to be sent. The sending lawyer has a duty to use reasonable care to avo…
If a lawyer consults their firm's in-house ethics counsel about their own conduct, is that confidential and what must be disclosed?
The opinion concludes that ethics consultations within a firm create a separate client-lawyer relationship, that consulting is impliedly authorized and needs no client consent, and that firm ethics co…
Can a judge raise private money or donations to fund a drug court or other problem-solving court?
A judge may help fund a therapeutic or problem-solving court only within the limits of Model Code Rule 3.7(A): the judge may seek grants and recommend funding but may directly solicit contributions on…
Can a Texas lawyer put a binding arbitration clause covering fee disputes and malpractice claims in an engagement agreement?
Yes, if the terms are not unfair to a typical client willing to arbitrate, the client has enough information to make an informed decision, and the clause does not limit the lawyer's malpractice liabil…
Does a lawyer owe a duty of confidentiality, and risk disqualification, when a would-be client sends details through the firm's website or leaves them on voicemail?
It depends on whether the lawyer invited the information. Unsolicited details left on a voicemail or sent to a posted email address create no duty of confidentiality, but a website that invites submis…
Can a lawyer defend an insured in a case while also representing, in an unrelated matter, the insurer that holds a subrogation right against any recovery?
Usually not. Under Georgia FAO 05-11, if the insurer is the lawyer's client in the unrelated matter, defending the insured is advocacy against a current client and an impermissible Rule 1.7(a) conflic…
Can a law firm advertise that it will donate part of a client's legal fees to charity, for example to children's charities for car-wreck cases?
No. The opinion concludes that advertising that a client's legal fees will be shared with a charitable organization is prohibited, because it is a misleading comparison ad under MRPC 7.1 and runs afou…
Can a law firm sue an insurance carrier on behalf of insureds while also defending that same carrier against other insureds in unrelated coverage cases?
There is no per se bar, but the conflict is consentable only after careful case-by-case analysis. The committee concludes positional conflicts, the possible need to cross-examine the carrier's employe…
Does a subrogated insurer become a client of the lawyer who represents the insured plaintiff?
No. The opinion concludes that pursuing an insurer's subrogated claim on the insured's behalf does not, standing alone, make the insurer a client of the insured's lawyer; the insurer's financial inter…
Does a lawyer have to withdraw because opposing counsel calls the lawyer a 'necessary witness,' when others in the firm know the same facts?
No. The committee concluded that a lawyer is a 'necessary witness' under Rule 3.7 only when the lawyer is the sole available source of material testimony on a contested issue, so as long as others can…
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.