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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Must a Utah lawyer hand over unsigned wills or unfiled pleadings as part of the client's file when fired?
No. The opinion concludes that an unexecuted trust or will, or an unfiled pleading such as an extraordinary writ, is the lawyer's work product rather than part of the client's file under Rule 1.16(d),…
Can a county attorney's office help domestic-violence victims get protective orders and still prosecute the abuser?
Yes, with limits. An individual government lawyer may provide the pro bono protective-order representation but then may not take part in prosecuting the abuser; under Rule 1.11 that lawyer's conflict …
Can a lawyer hand documents containing privileged client information to an outside copy service or other contractor without getting the client's express consent first?
Yes. The Committee concludes that, unless the client has instructed otherwise, giving privileged materials to a contractor hired to help with the representation (such as a copy service) is not 'reveal…
Can a lawyer let a former client (someone she represented in a mental-health commitment) live in her home to help with the transition to independent living?
The committee concluded that no North Dakota Rule of Professional Conduct directly addresses this and that the arrangement does not violate the rules, so long as the lawyer does not take a position ad…
Can separately located public defender offices run by one state commission be treated as separate law firms, so a conflict in one office is not imputed to the others?
On the facts presented (offices in different cities with separate staff, files, computer systems, and letterhead, no shared access to client confidences, and only administrative oversight by the commi…
Does the state Conflicts of Interest Law (N.J.S.A. 52:13D-17) override RPC 1.11(c)'s screening allowance for a firm that hires a former government lawyer?
The Committee concludes that under Winberry and Knight, the Supreme Court's RPC 1.11(c), allowing screening and notification, should prevail over the more restrictive statute, but it declines to rule …
What must a public defender or appointed lawyer do when their caseload is too high to represent every client competently?
Stop taking cases and seek relief. The opinion concludes a lawyer whose workload prevents competent, diligent representation must decline new appointments and move to withdraw from existing cases, and…
If a lawyer receives an adverse party's privileged documents from someone not authorized to send them, must the lawyer stop reading and notify the other side?
Not under the Model Rules. The opinion withdraws Formal Opinion 94-382, concluding that when the disclosure is not the result of the sender's inadvertence, Rule 4.4(b) does not apply and the Rules do …
I represent a passenger pursuing an underinsured-motorist claim against another driver's insurer. That same driver now wants me to represent him in an unrelated slip-and-fall case. Is that a conflict of interest?
No, according to this opinion. Because the passenger's underinsured claim is a contract claim against the driver's insurance company, not against the driver personally, and the driver isn't pursuing h…
Can a law firm organized as a professional corporation create and wholly own a subsidiary law firm, keep the subsidiary's profits, and name the subsidiary after the lawyers who run it?
Yes to all three, with conditions. A law-firm PC may form a wholly-owned subsidiary organized as a PC or LLC to practice a specialized area of law, and may receive the subsidiary's net profits without…
If a lawyer agreed with a legal aid organization to take a case pro bono, can the lawyer later charge the client a fee or use the referral information against the client?
No. The opinion concludes that charging a fee beyond the pro bono agreement, without the organization's consent, is an excessive fee and a fraud on the client, and using the referral information to th…
Can a prosecutor make a plea deal waive appeals for prosecutorial misconduct and ineffective assistance, and can defense counsel advise on and sign it?
The Committee concludes the rules do not bar a prosecutor from including such a waiver when the defendant is represented, but the waiver does not excuse the prosecutor from Rule 3.09; defense counsel …
Does a Texas lawyer have to give a former client the lawyer's own notes from the case file, including work product?
Generally yes. The Committee concludes a lawyer must, on request, turn over to a former client the lawyer's notes from the file, including work product, except when the lawyer may withhold them under …
Can a Michigan judge married to a non-supervisory assistant prosecutor preside over the prosecutor's office's cases without each party's consent?
If the spouse is non-supervisory, not involved in the matter, and screened, the judge is not automatically disqualified and may preside after disclosure; any party may still move to disqualify, and re…
If a lawyer learns that a client's court affidavit was false, what must the lawyer do, and how much of the client's confidence can the lawyer reveal?
The lawyer must ask the client to correct the affidavit, and if the client refuses, must withdraw the lawyer's own certification to the court. The lawyer may disclose only what is implicit in that wit…
Can a part-time law clerk appear as a lawyer for a client before the judge the clerk currently works for?
No. Under Georgia FAO 05-3, a law clerk representing a client before the clerk's present employer-judge violates Rule 1.7, and the conflict cannot be cured by client consent because of Rule 3.5(a)'s b…
Can insurance defense counsel send detailed bills through a third-party computer screening service without the insured's consent?
No. The opinion concludes that, because the bills can contain client confidences, a lawyer may not send them to an outside computer-screening contractor that is not the insurer without the insured cli…
Must a criminal defense lawyer follow a client's instruction not to raise a mental-health defense the lawyer thinks is best?
No, but the lawyer must consult the client. The opinion concludes that under Rule 1.2(a) raising mental health is a tactical decision the lawyer controls, so the lawyer need not follow the instruction…
Can in-house counsel agree that the employer will hold the lawyer harmless for malpractice instead of carrying malpractice insurance?
Yes, if conditions are met. Under Georgia FAO 05-2, a hold harmless agreement between an employer and its in-house lawyer is ethical when the employer makes an informed business judgment to use it in …
Can Georgia local counsel be disciplined for discovery abuses committed by out-of-state lead counsel admitted pro hac vice?
Yes, in defined circumstances. Under Georgia FAO 05-10, local counsel can be disciplined under Rule 5.1(c) for lead counsel's discovery abuse when local counsel knows of it (including willful blindnes…
Does the lawyer for an estate administrator have to tell a creditor's lawyer that the estate has assets so the creditor can file a claim?
No. The committee concludes that absent any misrepresentation, the lawyer for an estate administrator has no ethical duty to tell a creditor who failed to file a claim that the estate has assets and t…
Can a lawyer advise a client to contact other lawyers for representation on a pretextual basis just to conflict them out of representing the adversary?
No. The Committee concludes that advising a client to make pretextual contacts with lawyers in order to disqualify potential adversary counsel is conduct prejudicial to the administration of justice u…
After New Jersey abolished the appearance-of-impropriety rule, can a municipal attorney (or the firm) still represent a developer who owns property in that municipality on matters in other towns?
There is no longer a per se bar under the Rules. The Committee concludes that analysis under the current RPCs, after the appearance-of-impropriety doctrine was abolished, does not support an automatic…
Can a lawyer store and access client files electronically (scanning to PDF, email, cloud or web access) consistent with the ethics rules?
Yes, with safeguards. The Committee concludes the RPCs let a lawyer archive client-file documents electronically and use email or secure websites, but originals that are client property under RPC 1.15…
Can a North Carolina lawyer print extra statements, like 'Accident Report Enclosed,' on the envelope of a targeted direct-mail solicitation letter?
Yes, but only if the statement does not mislead. The opinion concludes a lawyer may note that an accident report is enclosed only if the envelope makes clear the report is a copy of a public record an…
Can a county's tax attorney, acting as the appointed foreclosure commissioner, buy the property at the tax foreclosure sale she is conducting?
No. The opinion concludes that a county tax attorney appointed as commissioner to conduct a tax foreclosure sale may not bid on the property on her own account, because she has a duty to oversee the s…
Can a lawyer refer a client to a financing company that buys notes or settlements, and can the lawyer take a finder's fee for the referral?
The opinion concludes that a lawyer may refer a client to a financing company only if the lawyer is satisfied the company's arrangement is legal, the lawyer receives no consideration from the company …
If a parent consults a North Carolina lawyer about a matter for her minor child but no one is hired, can the lawyer use what the parent disclosed to help the child against the parent's interests?
No, not without consent. The opinion concludes that a parent who consults a lawyer in good faith about a minor's matter is a prospective client owed a duty of confidentiality under Rule 1.18, so the l…
Can a lawyer who owns a chiropractic clinic refer personal-injury clients there and let the clinic defer its bills until the case settles?
No, not on these facts. The committee concluded that the lawyer's ownership interest in a clinic that defers a personal-injury client's bills until settlement makes the deferral the lawyer's own prohi…
Can a physician who is also a New York lawyer advertise free exams to screen medical malpractice claims for referral to lawyers, without disclosing the law license or the fee split?
No. The committee concludes that screening claims for referral is the practice of law, so the advertising must disclose the lawyer status; the referral-for-a-share-of-the-fee arrangement is barred unl…
Can a California lawyer agree to pay or indemnify a client for the litigation costs the client may be ordered to pay if the client loses the case?
The committee concluded that an attorney may agree to advance the reasonable expenses of a matter and waive repayment if there is no recovery, and may, either at the inception of the representation or…
Can a Georgia lawyer or firm work as, or hire, a temporary or contract lawyer, and how are conflicts, confidentiality, and fees handled?
Yes. Under Georgia FAO 05-9, nothing prohibits the use of temporary lawyers, but the temporary lawyer and the firm must manage conflicts, imputed disqualification, confidentiality, client disclosure, …
Can a lawyer bluff about a client's bottom line in a settlement negotiation or mediation without violating the ethics rules?
Within limits. The opinion concludes Rule 4.1 bars false statements of material fact in negotiation, including caucused mediation, but statements about a party's negotiating goals or willingness to co…
Can a Florida law firm store its closed client files only electronically, without keeping paper copies?
Yes, a firm may store files electronically, but not where a statute or rule requires retaining an original, where the original is the client's property, or where destroying the paper would harm the cl…
When a lawyer announces opening a practice by letter, do the direct-mail solicitation rules apply?
The opinion concluded that a lawyer may announce a new practice with an announcement card and biography to the bar, businesses, and others; a personalized letter and biography to fellow bar members is…
Can a probate judge teach a training course for county agency employees and accept pay for it?
The opinion concluded that a probate judge may teach a six-hour adult-protective-services course for county job and family services employees if it does not interfere with judicial duties, but should …
Can a lawyer add a notice to client letters saying the client waives any malpractice claim unless they object within a short period?
No. Under Georgia FAO 05-8, stamping client correspondence with language that causes the client to waive malpractice claims unless they object immediately violates Rule 1.8(h), because the client is n…
Can a New Mexico solo or two-lawyer firm call itself "& Associates" when all of its lawyers are already named?
The opinion concluded no; "associates" means lawyer employees, so appending "& Associates" when all the firm's lawyers are already named implies more lawyers than exist and is misleading under Rules 1…
Can a lawyer who owns a law-related consulting business represent a client in a matter against someone who is a customer of that business?
Yes, but only if the lawyer works through Rule 1.06(b)(2): the lawyer's interest in the business and its customers normally creates a conflict, so the representation is allowed only where it is not ad…
Can a lawyer pay a suspended or disbarred lawyer a share of a contingent fee under a referral or fee-sharing agreement made before the discipline?
Yes, but only if the fee-sharing agreement existed before the suspension or disbarment and the suspended or disbarred lawyer fully performed all of that lawyer's work in the matter before the discipli…
Can a Virginia attorney who serves as a mediator, or her law partner, represent a party in the same dispute after it was mediated at their mediation firm?
The opinion concludes the lawyer who personally mediated a dispute is barred under Rule 2.10(e) from later representing either party, with no cure available; that disqualification is imputed to her la…
Can a North Dakota lawyer pay a per-referral fee to join an internet lawyer referral service?
Paying a referral service for clients gives value for recommending the lawyer's services, which Rule 7.2(d) generally bars, but the committee concluded a lawyer may participate if the service is not-f…
If a private firm's lawyer supervises one project of a law school legal clinic, are the clinic's other conflicts imputed to that lawyer's firm?
Yes. Where the clinic's students share common workspace and physical files, the whole clinic is one law firm, so the conflicts of the entire clinic are imputed to the supervising lawyers' firms and vi…
When a lawyer is of counsel to two firms, are one firm's conflicts imputed to the other firm's lawyers?
Yes, in most cases. Conflicts imputed to a lawyer under DR 5-105(D) are imputed to every firm with which the lawyer has an of-counsel relationship, and where two firms share an of-counsel lawyer their…
Can a New York law firm ask a client to sign an advance waiver agreeing not to object if the firm later represents another client against it?
Yes. A firm may obtain an advance waiver of future conflicts if it adequately discloses the implications, advantages, and risks so the client can give informed consent, and a disinterested lawyer woul…
Can a lawyer run a radio or TV ad using a celebrity client's testimonial, name the celebrity, and pay the celebrity for their time?
A lawyer may use a celebrity client's testimonial, and name the celebrity, so long as it is not false, deceptive, or misleading and the ad meets the record-keeping rules. The lawyer may not pay or giv…
Must a Georgia lawyer who supervises a real estate closing hold the closing proceeds in an IOLTA or interest-bearing trust account?
Yes. Under Georgia FAO 04-1, a lawyer who supervises a real estate closing is a fiduciary as to the closing proceeds and must keep them in an IOLTA account (if nominal or short-term) or an interest-be…
Can a solo attorney call the firm 'The X Law Group' if the firm has associate attorneys?
The opinion concluded that a solo practitioner may name the firm 'The X Law Group,' where X is the practitioner's surname, if X employs one or more attorneys as associates; 'Group' and 'Law Group' are…
Can a judge or magistrate keep an active real estate salesperson license?
The opinion concluded that a full-time judge or full-time magistrate may not maintain or use an active real estate salesperson license, because affiliating with a broker and owing fiduciary duties to …
What must a lawyer disclose to multiple clients before settling their claims together in an aggregate settlement?
A lot, and not in advance. The opinion concludes Rule 1.8(g) requires the lawyer to tell each client the total settlement, every client's claims and share, the lawyer's fees and costs, and how costs a…
Can a lawyer store confidential client files electronically on a third party's server, outside the lawyer's exclusive control, without violating confidentiality?
The Committee concluded that the duty under SCR 156 (now NRPC 1.6) is not absolute and that a lawyer may store confidential client information electronically with an outside agency, just as with paper…
Can a New York lawyer join a business networking organization whose members are required to bring or exchange referrals?
No. The committee reaffirms that a lawyer may not participate in an organization that requires the lawyer to refer clients in exchange for other members' referrals, and concludes a lawyer also may not…
Can a city attorney advise a city ethics board investigating an ethics complaint filed against a majority of the city council?
No. The Committee concludes the city attorney's representation of the ethics board against most of the city council reasonably appears to be adversely limited by his own employment interests under Rul…
If a lawyer is appointed by a court as a receiver, can the lawyer pay part of the receiver fee to the lawyers for the parties?
No. The Committee concludes a lawyer/receiver may not pay any part of the receiver fee to the parties' lawyers, because accepting it would violate Rule 1.08(e) for those lawyers and would make the rec…
Can a lawyer acting for themselves contact a company's management directly when the company regularly uses counsel?
Yes, usually. The opinion concludes a lawyer acting on their own behalf on a non-litigation matter may contact a represented organization's management directly, unless the lawyer has been told to deal…
Can lawyers working in a railroad's claims department contact injured workers who are already represented by counsel, to verify representation, ask why they hired a lawyer, or request medical records?
No. The opinion concludes the railroad's claims-department lawyers (the department head and the attorney/claims agents) represent the railroad in these claims, so Rule 4.2 bars them from communicating…
How may a Minnesota law firm identify and use paralegals and other non-lawyer staff?
The opinion allows firms to list clearly identified paralegals on letterhead, cards, signs, and directories and to have them sign firm correspondence at an attorney's direction, while non-lawyers must…
Can a Minnesota lawyer accept a gratuity from a court reporting service the client pays for?
The opinion concludes a lawyer should not accept, or let a non-lawyer employee accept, a gratuity from a court reporting or similar service for which a client is expected to pay unless the client cons…
Are the Minnesota Lawyers Professional Responsibility Board's advisory ethics opinions binding on lawyers and the courts?
Not on the court. The opinion states the Board's advisory opinions are rule interpretations that guide lawyers' conduct, but they are not binding on the Minnesota Supreme Court and may change over tim…
Can a North Carolina lawyer for a publicly traded company disclose confidential information to the SEC under SEC Rule 205, even when the state confidentiality rule would not permit it?
Yes. The opinion concludes that a North Carolina lawyer who appears and practices before the SEC may 'report out' confidential information as permitted by SEC Rule 205 without violating the North Caro…
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.