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 Texas firm sue a city it used to represent on behalf of another city, and does screening the lawyers who handled the old matter help?
Yes if the new matter is unrelated, does not question the firm's prior work, and creates no reasonable probability of a Rule 1.05 breach; but screening does not help, because under Rule 1.09(b) one di…
Can a law firm hold out an affiliated lawyer or firm as 'special counsel,' and does imputed disqualification then treat them as one firm?
Yes, if bona fide. Under Georgia FAO 05-13, a firm may identify an affiliated lawyer or firm as 'special counsel' for a specialty area if the relationship is genuine; the Rule 1.10 imputed-disqualific…
If a deceased client's personal representative waives the attorney-client privilege and asks for confidential information, must the lawyer disclose it?
Not automatically. The opinion concludes the lawyer cannot rely solely on the personal representative's waiver but must independently assess the confidentiality duty; if disclosure would harm the dece…
Can a Kentucky lawyer pay a not-for-profit bar association referral service a percentage of the fee earned from a referred client, and can the service use those fees beyond its own operating costs?
Yes to both. The opinion concluded a lawyer may pay a not-for-profit bar referral service a percentage of the fee from a referred case without unlawful fee splitting, the percentage is a matter of con…
Must a California lawyer inform the adverse party of a settlement overpayment the lawyer's client received, and if the client refuses, may the lawyer continue the representation?
The lawyer must tell the client about the overpayment and counsel disclosure, but cannot disclose to the adverse party over the client's confidentiality instruction; the lawyer must consider whether c…
Can a Utah lawyer for another party talk to a child who is represented by a guardian ad litem without the GAL's consent?
No. When a court appoints an attorney guardian ad litem for a person, another party's lawyer may not communicate with that person about the subject of the representation, or arrange for a second lawye…
Can a Michigan lawyer advertise being named a 'Super Lawyer' or listed in a peer-review rating publication?
The opinion concluded a lawyer listed as a 'Super Lawyer' may refer to that listing in advertising that otherwise complies with MRPC 7.1, and the same applies to comparable rating or certification pub…
Can a Michigan lawyer be listed for free on an out-of-state firm's marketing website as its local referral attorney?
The opinion concludes the lawyer may be listed without violating the lawyer-referral-service rules, because the firm's marketing site is not a lawyer referral service under MRPC 6.3(b); MRPC 6.3(c) ex…
Is a personalized law-firm advertising letter to a business prospect a direct-mail solicitation that must carry the 'Advertising Material' label?
The opinion concludes that a personalized letter advertising legal services to a prospective business client, addressed to a contact person, is a direct-mail solicitation subject to Rule 7.3(c): it mu…
When a city, its officials, or its agencies conflict, can the city law director represent them through different assistant law directors?
The opinion concludes that a city law director must apply Rules 1.11 and 1.7 to each situation. Where a conflict can be cured under Rule 1.7(b), different screened assistant law directors may represen…
I used to run labor relations for a state agency and now I'm in private practice. A former coworker facing termination wants me to represent him against the agency. The agency's lawyers say I have a conflict. Do I?
Not necessarily. The panel held that Rule 1.11, not Rule 1.9, governs, and a former government lawyer is disqualified from a matter only if he or she participated personally and substantially in that …
I represented a corporate client on zoning approvals for a development in one town back in 2005, and the matter is long over. The company later interviewed me (but hired someone else) for a new development in a different town, and now neighbors opposing that new project want me to represent them against the company. Is that a conflict?
No. The panel held that representing individuals who oppose a former corporate client's real estate development in a different town, after formerly representing the client in unrelated zoning matters …
Can a lawyer in litigation against a government agency contact government officials about the dispute without the consent of the government's lawyer?
The opinion concludes that under D.C. Rule 4.2(d), a lawyer adverse to a government agency may contact a government official with authority to redress the client's grievances, without government couns…
I'm representing a terminated state-agency hearing officer in an employment dispute against the agency. I also represent a corporate client seeking a contested license from that same agency. The agency's lawyers say I have a conflict and must withdraw from all matters there. Do I?
No. The panel held the concurrent representations do not present a Rule 1.7 conflict because the corporate client's license matter is not directly adverse to the terminated hearing officer, and there …
Can a lawyer disclose a deceased client's confidential information to a state fatality-review commission?
Yes. Rule 1.6(b)(4) permits disclosure to comply with 'other law'; because the statute itself protects the information, the lawyer need not demand a court order, but disclosure is permissive.
If a lawyer advised a state agency in private practice and is then appointed its commissioner, is she barred from working on those same matters?
No, not automatically. The opinion concludes Rule 1.11(c)(1) is aimed at a lawyer changing sides or clients, not at a lawyer who keeps serving the same client (the agency) in a new role, so it should …
If a stranger sends confidential information through a 'contact us' email link on a law firm's website, must the lawyer keep it confidential, and can the firm still oppose that sender?
Absent a disclaimer, the lawyer must keep the information confidential under Rule 1.6 even after declining the matter. Whether the firm may then oppose the sender turns on whether that confidentiality…
Does a fee dispute that arises with a current client during the representation create an ethical conflict of interest that requires withdrawal under California's former Rules of Professional Conduct?
No. A fee dispute does not by itself require withdrawal or create a conflict of interest, and where the lawyer holds no lien it is not an adverse pecuniary interest in the client's property.
In Alabama, can a law firm hire a temporary or contract lawyer through a staffing agency, and what conflict, confidentiality, consent, and fee rules apply?
Yes. A firm may use a temporary lawyer placed by a staffing agency if it runs conflict checks (the temp is treated as a firm member for Rule 1.10), safeguards confidentiality, informs the client and o…
When a West Virginia lawyer represents the personal representative in a wrongful death case, does the lawyer also represent the beneficiaries, and is it a conflict if they fight over how the recovery is divided?
Not necessarily, but it can be. The opinion concludes a lawyer for the personal representative does not automatically represent the beneficiaries, so no conflict arises by default; but if the lawyer's…
Can a corporation's in-house lawyer do legal work for a commonly-owned sister corporation, and can the employer charge the sister company for it?
Yes, with consent and safeguards. In-house counsel may represent a sister corporation directly and independently with the employer's consent, preserving each client's confidences; the employer may rec…
Does a Virginia lawyer owe a duty of confidentiality to a prospective client who shared information only with the lawyer's secretary, and may the lawyer still represent the opposing party?
Yes, the duty applies. The opinion concludes information a prospective client gives a lawyer's secretary is protected under Rule 1.6, and the lawyer may continue to represent the opposing party only b…
Can a lawyer use law firm letterhead when collecting debts, both as a lawyer for a creditor and when running debt collection as a non-legal service?
It depends on the role. The committee concludes a lawyer representing clients as a lawyer in collecting debts may use law firm letterhead, but a lawyer offering debt collection as a non-legal service …
Can a lawyer ghostwrite court papers for a self-represented litigant without disclosing that help to the court?
Yes. The opinion concludes a lawyer may give behind-the-scenes assistance to a pro se litigant, including drafting filings, without disclosing the fact or extent of that help to the court, because the…
Can a developer's lawyer talk privately with individual town planning board members about a pending application when the board's counsel objects?
Only within narrow limits. The committee concludes the no-contact rule permits such communications about pending determinations only if they concern policy issues alone and the lawyer gives the board'…
Can a lawyer advertise for clients but plan to refer most of them to other lawyers without saying so in the ad?
No. Under Georgia FAO 05-6, advertising for legal work while intending to refer most callers to other lawyers, without disclosing that intent and without complying with the lawyer-referral-service rul…
Can a law firm's stock-repurchase agreement reduce a departing lawyer's buyout based on the clients he keeps?
No. The opinion concludes that a shareholder agreement that cuts the firm's repurchase obligation to a departing lawyer in proportion to the work generated by former firm clients the lawyer continues …
Can a North Carolina lawyer who teaches at a college use the title 'doctor' based on a Juris Doctor degree?
Yes, but only within an academic setting. The opinion concludes that because unexplained use of 'doctor' for a Juris Doctor degree could be misleading, it is generally inappropriate, but in post-secon…
What must a city attorney or a lawyer serving as an elected official do when a nonlawyer appears in a representative capacity at a zoning variance hearing?
A lawyer who advises a city council must inform the council of the ruling in Authorized Practice Advisory Opinion 2006-1 (that representing a party at a quasi-judicial zoning hearing is the practice o…
If a person pays a charged consultation fee, are they a prospective client or a former client of the lawyer?
A former client, not merely a prospective client. The opinion concludes that when a lawyer charges a fee for a service, however limited, and the client pays it, a client-lawyer relationship is unequiv…
Can a county public defender review the billing vouchers of assigned counsel who took over a case because the public defender had a conflict of interest?
No, ordinarily. The committee concludes that a public defender's office barred by a conflict from representing a party is equally barred from reviewing the billing vouchers of the assigned conflict co…
Can a lawyer accept client credit card payments, and which account do the charges go into under Ohio Rule 1.15?
The opinion concludes that a lawyer may accept credit card payments for earned fees, expense reimbursement, advances on unearned fees, and future expenses. Earned fees and reimbursements belong in the…
Can a new judge keep collecting accounts receivable and retirement benefits from a former law firm, and what disqualification follows?
The opinion concluded that a new judge may receive accounts receivable for legal work done before taking office and retirement benefits under a firm agreement, but must disqualify from any case in whi…
Can a city attorney represent the executive branch (mayor) against the legislative branch (city council) of the same municipality, or vice versa?
No. The opinion concludes that a duly appointed municipal attorney may not, under any circumstances, represent one branch of the municipal government against another in litigation, because the city is…
Before a class is certified, can the lawyers on either side contact people who might become class members?
Yes. The opinion concludes that putative class members are not represented before certification, so Rules 4.2 and 7.3 do not generally bar either side from contacting them; both sides must follow Rule…
May a California attorney accept payment of earned legal fees, deposits for unearned fees, and advances for costs and expenses by credit card?
Per California Formal Opinion 2007-172, yes for earned fees and yes for deposits of unearned fees, in each case taking care to discharge the duty of confidentiality (the charge-slip description must b…
When can a lawyer who works as a contract attorney for a county agency represent in private practice a client the lawyer encountered through that government work?
Only in limited circumstances. The committee concludes the lawyer may not privately represent the client in a matter the lawyer handled as a government attorney while the client remains eligible for t…
Can a lawyer's debt-collection demand letter cite the criminal bad-check statute and warn that the matter may be referred for prosecution?
The opinion concludes that D.C. Rule 8.4(g) bars a lawyer from threatening criminal charges solely to obtain an advantage in a civil matter, but the mere citation of, or reference to, the criminal bad…
My client received a Social Security lump-sum payment that I believe was miscalculated and overpaid by about $12,000. The client won't report it, and I still need to file a fee petition with the ALJ to get my percentage of the retroactive benefits. What do I have to do?
If you cannot convince the client to notify SSA of the error, Rule 3.3 requires you to advise the ALJ that you believe the retroactive benefit was miscalculated and to request confirmation or recalcul…
Can a Kentucky lawyer use a domain name that does not contain the lawyer's or firm's name, and can a law firm website be identified by the domain name alone?
A domain name unrelated to the lawyer's or firm's name is permissible only if it is not false or misleading and the linked site prominently identifies the lawyer or firm; a website identified by domai…
Can a Kentucky lawyer take credit card payments for earned fees, non-refundable retainers, and unearned advances, where must each go, and can the lawyer pass the card service charge to the client?
Earned fees and true non-refundable retainers go to the office account; credit card advances on unearned fees or expenses must go to the trust account and be protected from charge-backs against other …
In Tennessee, must a lawyer who prepares a pleading for a pro se litigant disclose that involvement on the document?
Vacated. As originally issued, Formal Ethics Opinion 2007-F-153 concluded that a lawyer could prepare a single 'leading' pleading needed to toll a statute of limitations or other deadline for a pro se…
Can a lawyer pay nonlawyer staff a monthly bonus based on the law office's gross receipts?
Yes. Under Georgia FAO 05-4, paying nonlawyer employees a monthly bonus based on the firm's gross receipts, on top of their salary, is permissible under Rule 5.4(a)(3), which allows a compensation pla…
In Alabama, must a lawyer scrub metadata before sending an electronic document, and is it ethical to mine metadata from a document received from another party?
A lawyer must use reasonable care under Rule 1.6 to prevent disclosure of confidential metadata when sending electronic documents, and, absent a court's authorization, may not mine metadata from a doc…
Can a liability insurer's salaried staff lawyer represent the insurer's insureds in Alabama, and what must the lawyer disclose?
Yes. A full-time staff lawyer for a liability insurer may defend the insurer's insureds where the insured's and insurer's interests are fully aligned and the insurer has a direct financial interest, b…
I advanced a medical expert's fee on my client's behalf and billed the client, who hasn't paid. My fee agreement lets me charge interest on overdue amounts. Can I charge the client interest on the unpaid expert fee?
Yes. The panel held the Rules of Professional Conduct do not prohibit charging the client interest on the unpaid expert's fee, provided the attorney complies with the laws governing the charging of in…
Before I was elected to town council, I consulted with someone about a property dispute, investigated it, and declined to take the case. Now that same matter is coming before the council for a vote. Do I have to recuse myself, even though I never formally represented that person?
Yes. The panel held Rule 1.11(d) bars the attorney from participating, including voting, as a council member in a matter the attorney personally and substantially investigated in private practice duri…
Can a law firm bill its client a higher hourly rate for a contract or outside lawyer's work than the firm actually pays that lawyer?
It depends on whether the lawyer is 'in' the firm. The Committee concludes a firm may mark up the work of an 'other firm lawyer' (such as of counsel or a contract lawyer who is in the firm) without di…
May a California attorney sued by a third party disclose otherwise confidential or privileged client information in order to defend against the claim?
No. California has no statutory self-defense exception to Bus. & Prof. Code section 6068(e) or to the attorney-client privilege; disclosure requires the client's informed consent, although a court may…
Can a Colorado lawyer sign a collaborative-law agreement promising to withdraw if the case does not settle, and how does cooperative law differ?
The opinion concludes that practicing collaborative law violates Rule 1.7(b) where the lawyer signs a four-way agreement with the opposing party requiring withdrawal if the process fails, and that the…
Can a law firm borrow from a bank to advance a client's litigation expenses and charge the client interest on those advances?
Yes, with disclosure. Under Georgia FAO 05-5, a firm may borrow to advance litigation expenses and charge lawful interest, but the contingent fee contract must disclose whether the client owes the exp…
Is a lawyer aiding the unauthorized practice of law just by dealing with a non-lawyer the other side hired to handle a transaction?
No. The committee concludes that continuing to represent a client in a transaction, and therefore dealing with a non-lawyer the counter-party chose to represent it, does not by itself aid the unauthor…
Can a lawyer take a security interest in a client's fee-recovery lawsuit, or its proceeds, to secure unpaid fees from an earlier case the lawyer is also handling?
Not while handling that suit. The committee concludes that, absent an available charging lien, a lawyer who represents the client in the fee-recovery litigation may not take a security interest in tha…
Does reporting another lawyer's misconduct to the judge satisfy a lawyer's duty to report under Rule 8.3?
The opinion concludes that informing a tribunal does not discharge the Rule 8.3 duty to report professional misconduct; the duty is met only by informing Disciplinary Counsel or a certified grievance …
I've been retained as special counsel for a municipality on two lawsuits, working alongside the town solicitor. Can I also represent private clients before that same municipality's zoning board of review or town council?
No, absent consent. The panel held that representing private clients before a municipality's zoning board or town council while also serving as the municipality's special counsel is a conflict of inte…
My client's health insurer paid her medical bills after her personal injury settlement, but it never asserted a lien or told the other side's insurer about a claim, and my client wants the settlement money now. Do I have to hold back funds for the health insurer?
No, on these facts. The panel held that where the client insists the settlement proceeds be disbursed and the lawyer has received no notice of a claim from the health insurer, Rule 1.15(b) requires th…
I used to be the probate judge in my town but wasn't reappointed. Can I now represent clients in matters before that same probate court?
Yes, with a limit. The panel held a former municipal probate judge may represent clients before the same probate court, provided the lawyer does not represent anyone in connection with a matter the la…
Can a lawyer who sits on a company's board of directors prepare an estate plan for a client who wants to name that same company as a beneficiary?
The Committee concluded that no, a lawyer who is a director of a company should not prepare an estate plan naming that company as a beneficiary, because the lawyer's fiduciary duties to the company (l…
Can a lawyer take a security interest in a client's real property to secure payment of the lawyer's fees?
The Committee concluded that yes, but only if the lawyer satisfies the business-transaction safeguards of SCR 158(1) (now NRPC 1.8(a)): the transaction must be fair and reasonable, fully disclosed in …
Can a lawyer advertise that they are a certified specialist in a field of law in Nevada?
The Committee concluded that a lawyer certified as a specialist may list the certification on advertisements, letterhead, and business cards if the certifying organization is approved by the State Bar…
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.