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 lawyer who serves in the state legislature, or that lawyer's firm, represent private clients before local zoning boards and councils when no firm member sits on those boards?
The opinion concludes yes. The per se conflict recognized in LEO 1763, where a firm member sat on the very board appeared before, does not extend to appearances before local bodies on which no firm me…
Can a lawyer or legal aid office represent a daughter seeking guardianship over her mother when the mother is also a current client of the same office in another matter?
The opinion concludes no. Representing the daughter in a guardianship petition against the mother is directly adverse to a current client under Rule 1.7, cannot satisfy either consent prong because an…
Can an Assistant Attorney General serve as a hearing officer in a matter that the Attorney General's office might later litigate?
Yes. Under Rule 1.12, employment by the Attorney General's office does not by itself disqualify a lawyer from serving as a hearing officer for an agency in a matter the office may later handle as an a…
Can a New York lawyer use a power of attorney in the retainer to settle a case and endorse the client's settlement check?
The opinion concludes a lawyer may obtain and use a revocable power of attorney to settle and to endorse the settlement check, with full disclosure, but only if the lawyer settles on terms the client …
Can a nonlawyer handle a residential real estate closing in North Carolina, and what closing tasks may a nonlawyer perform?
No. The opinion concluded a nonlawyer may not handle a residential real estate closing because most closing functions are the practice of law, though a nonlawyer may perform purely ministerial tasks l…
Does an Alaska lawyer act unethically by recording a conversation without telling the other party or getting consent?
The opinion concludes that undisclosed recording of a conversation by a lawyer is not per se unethical if not prohibited by law, though it may be unethical if done or used in a way the rules otherwise…
Can a North Carolina lawyer have a supervised nonlawyer oversee the signing of documents and disbursement of proceeds at a residential real estate closing without the lawyer present?
The opinion concludes a lawyer may delegate overseeing document execution and disbursement of closing proceeds to a supervised nonlawyer, who must not give legal advice, and the lawyer need not be phy…
When a court-appointed guardian ad litem is also a lawyer and is represented by trial counsel, can opposing counsel contact the GAL directly under Rule 4.2?
The opinion concludes that a guardian ad litem who happens to be a lawyer is still a represented party for Rule 4.2 purposes, not co-counsel. Opposing counsel must comply with Rule 4.2 and respect the…
Can the lawyer for a deceased client testify about the client's confidences in a will contest or other litigation over the estate?
The opinion concludes the lawyer may testify. If the personal representative calls the lawyer, that consent allows the disclosure; the lawyer may also testify when required by law or court order. If s…
Can a lawyer for one divorcing spouse prepare an answer or waiver for the unrepresented spouse, or represent both spouses in the divorce suit as an intermediary?
The opinion concludes no. One lawyer may not appear in court for opposing parties no matter how amicable the divorce, and a lawyer may not prepare a pleading or waiver admitting the complaint for the …
Can a lawyer acting as a union grievance agent contact municipal officials directly when the municipality has its own lawyer?
No. The opinion concludes Rule 3.6(f)'s no-contact rule bars a lawyer-agent from contacting high-level municipal officials about a grievance without opposing counsel's consent, because the lawyer is s…
Can a Texas law firm let a non-profit it donates to list the firm as a financial sponsor on the non-profit's website?
Yes. The Committee concludes a sponsor listing is permissible advertising, not a prohibited referral payment, where the firm pays a fixed amount unrelated to any referrals, every equal-contributing sp…
Can a Texas law firm let a group of doctors pay for its TV advertising in exchange for the expectation, but not the obligation, that the firm will refer clients to that group?
No. The Committee concludes the arrangement creates an unacceptable conflict: the firm's financial incentive to refer clients to the funding medical group means it cannot reasonably believe its repres…
Can a lawyer who used to defend insurance companies later sue those same insurers for plaintiffs?
The committee said yes, as long as the new matters are not the same as or substantially related to the prior insurance-defense work and no confidences or secrets of the former client will be used agai…
Can one lawyer represent two people injured in the same accident when one of them may be partly at fault?
The committee said no. Because the motorcycle driver and the passenger had potentially adverse interests (the driver's likely comparative negligence), representing both created a conflict under RPC 1.…
Can a lawyer charge the client a percentage markup on a subcontractor's bill for managing that subcontractor?
The committee said yes: a lawyer may charge a fully informed client a 10 percent surcharge on a subcontractor's (here an actuary's) billing in payment for monitoring the subcontractor, as long as the …
Can a phone call with someone who does not hire you create a conflict that blocks you from later representing the other side?
The committee said RPC 1.9 applies only if an attorney-client relationship existed, which depends on whether the prospective client subjectively believed one existed and whether that belief was object…
Can a claimant's lawyer directly contact the insured tortfeasor before the insurer appoints defense counsel?
The committee said a claimant's lawyer may in many circumstances contact an alleged tortfeasor as an unrepresented party, but RPC 4.2 calls for the highest caution where the tortfeasor is insured and …
Can a lawyer financially support a nonprofit in exchange for being acknowledged to its members as having 'demonstrated competence'?
The committee concluded that the proposed relationship, in which a lawyer financially supports a nonprofit and in return uses its logo and is acknowledged to members as meeting the organization's 'dem…
After a client dies, who can waive the attorney-client privilege and can the lawyer charge to handle the file?
The committee said the duty to protect a client's confidences under RPC 1.6 survives the client's death, so absent a valid waiver or a court order the lawyer should assert the privilege against third-…
Can a law firm use a trade-style name like '[Word] Law Group' that does not include any lawyer's name?
The committee said using a name such as '[Noun] Law Group, PLLC' does not violate RPC 7.1, 7.4, or 7.5(a), provided there is actually a group of lawyers in the firm.
Can a lawyer pay a nonprofit organization to be put on its referral list and use its seal in advertising?
The committee concluded that a pay-to-be-referred arrangement, in which a nonprofit organization refers its members to lawyers who make financial contributions and lets them use its seal, is improper,…
Can a lawyer represent a new client against a former client in a matter related to the earlier work, when the old file is gone?
The committee concluded that representing an adjoining landowner in an easement-reformation dispute, after a one-time 1996 consultation for a party on the purchase of the same property, involves the s…
Can a public defender agency hand over client confidences to the county as part of a contract audit, even if the auditor is a lawyer?
The committee concluded that a public defense agency representing indigent clients cannot disclose client confidences and secrets for a county program audit, because the audit is not done to carry out…
Can one law firm provide both the city attorney and the municipal court judge to the same city?
On the facts presented, with the city attorney walled off from the municipal court's civil functioning, not appearing before or advising the municipal judge, and the city consenting in writing, the co…
Can a lawyer charge a contingent fee to fight an administrative driver's-license suspension in a DUI case?
The committee said yes: a lawyer may charge a reasonable contingent fee for representing a client in a civil administrative driver's-license suspension or revocation proceeding, because it is not a cr…
After a court decision could overturn a former client's conviction, does the lawyer who handled the case have a duty to go back and advise the client?
The committee said that once the representation has ended, the convicted person is a former client, and absent an ongoing relationship or a reasonable basis for the client to believe the relationship …
Can a defense lawyer's legal assistant call the opposing party's doctor to ask how medical records will be produced?
The committee declined to decide whether a defense lawyer's legal assistant may telephone a health care provider, while obtaining records under RCW 70.02.060, to ask whether records will come by mail …
Can a lawyer produce and sell fill-in-the-blank eviction forms with an informational brochure to the public?
The committee said producing and selling legal forms for securing evictions under the Residential Landlord-Tenant Act, along with an informational brochure, is authorized whether or not it amounts to …
If a lawyer is also a real estate agent, can the lawyer refer legal clients to the lawyer's own real estate office using a standard disclosure-and-consent form?
The committee concluded the proposed disclosure-and-authorization form did not satisfy the rules. Referring legal clients to a real estate office the lawyer is associated with raises serious conflicts…
Can a non-profit law firm charge a flat non-refundable fee for incidental file-opening costs and deposit it in its regular account instead of its trust account?
The committee said yes. A non-profit firm that charges a $100 non-refundable fee for the incidental costs of opening a file may place that fee in its regular account when it is received, rather than h…
Can a law firm destroy the paper version of a closed client file and keep only an identical electronic copy?
The committee said a file-retention policy that returns original documents from administratively closed files to the client and converts the remaining documents to electronic format complies with the …
Can a lawyer send a subpoena for records before any lawsuit has been filed?
The committee said that issuing a subpoena before any action is commenced (no cause number, no case filed) that suggests it has the force of law when it does not may violate RPC 3.4 (a frivolous disco…
Is the WSBA's old opinion on electioneering by deputy prosecuting attorneys still good guidance, or has a statute superseded it?
The committee concluded that Formal Opinion 102, which had addressed electioneering by deputy prosecuting attorneys, is no longer accurate given the requirements of RCW 42.17.130, and recommended that…
Does an insurer's invoice-processing fee that cuts a percentage from each defense bill violate the rules on advancing costs and sharing fees?
Deciding this inquiry together with Opinion 2012, the committee concluded that the insurer's mandatory percentage reduction off every invoice violates RPC 1.8(e) (the lawyer is not fully reimbursed fo…
Can one law firm be designated 'of counsel' to another law firm on its letterhead, and how do the fee-splitting rules apply?
The committee said a law firm may not be designated 'of counsel' to another firm, because that designation is limited to individual lawyers who are active WSBA members with a close, regular, continuin…
What must a lawyer who supervises nonlawyer staff (for example, a company legal department handling garnishments) do to satisfy the supervision rules?
The committee said the question is governed by RPC 5.1, 5.2, and 5.3: RPC 5.3(b) requires a lawyer with direct supervisory authority over nonlawyers to make reasonable efforts to ensure their conduct …
Can a lawyer disclose a client's telephone number without the client's permission?
No. The committee concluded that RPC 1.6 prohibits the voluntary disclosure of any information obtained during the representation without the client's consent, and that the rule's exceptions in RPC 1.…
Can a lawyer take a lien on property to secure fees, and can a lawyer loan a client money to fund a settlement?
Reconciling two earlier informal opinions, the committee said a lien granted by law to secure a lawyer's fees or expenses falls within the exception in RPC 1.8(j)(1) and does not violate the rule, but…
Can a lawyer join a paid professional networking group that requires members to make a set number of referrals each month to keep their membership?
The committee declined to change its earlier Informal Opinion 1975, which held it violates RPC 7.1, 7.2, and 7.3 for a lawyer to participate in a commercial network that requires referrals among membe…
Can a law firm collecting receivables for a corporate client on contingency set up a joint bank account the client can withdraw from directly, with a line of credit for overdraft protection?
The committee said the arrangement may not be permissible under RPC 1.14, the trust-account rule. A joint account giving the corporate client independent access, from which the client pays itself with…
Can a law firm keep using a former member's name in its trade name after that lawyer leaves and continues practicing law in the same community?
No. The committee concluded that a firm may not continue to use a former member's name as a trade name when that member has left the firm and continues to practice law in the same community.
Can an insurance company make its defense lawyers take a flat percentage off every invoice and follow billing and litigation guidelines?
The committee concluded that a mandatory across-the-board percentage reduction of every invoice violates RPC 1.8(e) (the lawyer is not fully reimbursed for costs advanced for the client) and RPC 5.4(a…
Can a public defender take on a client's second, unrelated matter with the client's consent, and must the public defender first contact the lawyer already assigned to that second matter?
The committee said a public defender may represent a client on more than one matter if the client consents and the public defender is competent and meets the conflict and related rules. It also said R…
Can a law firm use a made-up surname trade name, keep a non-working lawyer as a fee-sharing 'silent partner,' or pay a nonlawyer consulting firm based on the firm's increased fee income?
The committee answered no to all three. A firm may not use a trade name that appears to consist of lawyers' surnames when no current or former lawyer of the firm had those names, because of the substa…
In a print law-firm ad, can a personal-injury lawyer list specific jury verdicts and settlement amounts and display ratings like Martindale-Hubbell and Best Lawyers?
Citing specific jury verdicts is generally disfavored because it can create unjustified expectations and so violate RPC 7.1; if used, a disclaimer at least as prominent as the results must make clear …
Can a law firm serve as a city's civil attorney when one of the firm's lawyers is the city's municipal court judge?
The committee was unable to approve the arrangement. The city is a party in essentially every criminal, traffic, and many civil matters before the municipal court, so the firm-member judge would be he…
Can a California lawyer publicly advocate civil disobedience (here, refusal to pay taxes) and simultaneously maintain a tax law practice?
Per California Formal Opinion 2003-162, an attorney has First Amendment rights to publicly advocate civil disobedience, but in advising clients she may not counsel them to violate the law unless she r…
When can a casual or non-office communication from a non-client to a California lawyer create a duty of confidentiality, even though no attorney-client relationship is formed?
Per California Formal Opinion 2003-161, a duty of confidentiality may attach to a non-office communication either because an implied-in-fact attorney-client relationship was formed, or, even without s…
A current client wants me to represent him against his ex-wife in post-divorce Family Court proceedings. My ex-wife's sister happens to be another current client of mine in her own divorce matter, and she says representing her ex-brother-in-law would be a conflict. Is she right?
No. The panel held there is no Rule 1.7 conflict, because the two clients' interests are not directly adverse to each other and the representation of one is not materially limited by responsibilities …
What must a lawyer do after receiving a fax, email, or letter containing the other side's confidences that was sent by mistake?
Promptly notify the sender, stop reading the communication, and return or destroy it if asked. In limited circumstances the lawyer may submit it for in camera review by a tribunal, and may use informa…
What conflict-checking records and systems must a New York law firm keep to comply with DR 5-105(e)?
Every New York law firm, including solo practitioners, must keep written or electronic records of each engagement (at minimum client names, adverse party names, and a description of the matter) and mu…
Can a lawyer secretly tape record a conversation without telling the other party it is being recorded?
Not as a matter of routine practice; undisclosed taping is improper because it smacks of trickery. The opinion permits it only where the lawyer has a reasonable basis to believe that disclosure would …
Can a law firm use a generic domain name like 'newyorklawyer.com' instead of its firm name, and advertise with it?
Yes, with conditions. A domain name need not contain the firm name, but the website must conspicuously show the real firm name, the domain must not be false, misleading, or imply special expertise, an…
Can a deputy prosecuting attorney do pro bono legal work?
The committee declined to address the inquiry's questions about proposed RPC 6.1 (not yet adopted) and about RCW 36.27.060 (a legal question outside its purview). It clarified that there is no reason …
Can a court-appointed criminal defense lawyer take part in a county program that pays a flat fee plus court-approved costs and routes advance payments through the lawyer's trust account?
The committee found no inherent conflict between the county's compensation proposal and counsel's trust-account (RPC 1.14), independence (RPC 1.8(f)), and confidentiality (RPC 1.6) duties: advance dep…
Can a non-lawyer contractor handle the daily bookkeeping of a lawyer's guardianship client funds and prepare the court reports?
The committee said yes to both questions. A non-lawyer contract employee may manage the daily bookkeeping of a lawyer's guardianship client funds (paying bills, balancing accounts, preparing annual re…
Can a lawyer draft an advertisement for a client to run under the client's own name when the lawyer could not run it herself under the trial-publicity rule?
The committee concludes there is a substantial risk of violating Rules 3.6 and 8.4(a). A lawyer cannot accomplish through the client, as the client's mouthpiece, what Rule 3.6 bars her from doing dire…
Does a one-hour consultation that never led to representation still create confidentiality duties that can disqualify the lawyer's firm years later?
It can. The confidentiality duty under Rule 1.6(a) may attach to a prospective client even if no representation forms. If confidences were shared, Rule 1.9(b) and Rule 1.10 can bar the lawyer's firm f…
Must a prosecutor disclose to criminal defendants that a police-officer witness lied to superiors during an internal investigation?
Yes. Under Rule 3.8(d), a prosecutor who knows an officer failed to disclose the truth during an official department investigation must reveal that information, because it bears on the officer's credi…
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.