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 North Carolina lawyer bill the client for the time spent responding to a fee dispute petition filed with the State Bar?
No. The opinion concluded that participating in the State Bar's fee dispute resolution program is not a legal service and is a mandatory professional responsibility, so a lawyer may not charge the cli…
Can a North Carolina lawyer run a TV ad suggesting insurers settle claims quickly just because of the lawyer's reputation?
No. The opinion concluded a television ad dramatizing insurance defense lawyers deciding to settle a claim solely because of the plaintiff's lawyer is misleading, because it creates unjustified expect…
Can a Florida lawyer offer legal services to clients over the internet?
The opinion concluded a lawyer could provide legal services over the internet, through the lawyer's own law firm, for matters not requiring in-person consultation or court appearances, subject to all …
Can an attorney serving as a guardian ad litem communicate ex parte with the judge about the case?
No. The opinion concluded that a guardian ad litem is an advocate for the ward, not an adviser to the court, so the same Rule 3.5 ban on ex parte communication that applies to any lawyer applies to a …
Can a lawyer let clients pay their legal fees with a credit card?
Yes. The opinion withdrew four older opinions that had restricted credit-card payment of legal fees, concluding that the advertising provisions of the 1983 Model Rules left lawyers free to permit or e…
Can a lawyer take stock or another ownership interest in a client company in exchange for, or alongside, legal fees?
The opinion concluded that the Model Rules did not prohibit a lawyer from acquiring an ownership interest in a client, in lieu of or in addition to a cash fee, so long as the lawyer complied with Rule…
Can a lawyer refer personal-injury clients to a company that advances them cash in exchange for a share of their lawsuit proceeds?
The opinion concluded that a lawyer who agreed to refer tort clients to a venture-capital company taking an interest in their case proceeds would have an irreconcilable conflict of interest, and that …
Can a staff lawyer or volunteer lawyer turn over court-awarded attorney's fees to the nonprofit public-interest organization that sponsored the case?
Yes. The opinion concludes that turning over court-awarded fees to a nonprofit public-interest organization that sponsored the litigation does not violate Rule 5.4(a)'s bar on sharing legal fees with …
When a client has assigned settlement proceeds to a medical provider or given it a lien, can the lawyer follow the client's later instruction to pay the money to the client instead?
No. The opinion concludes that under Rule 1.15(c)(4) a lawyer who knows the client has made a valid assignment or granted a consensual lien on settlement proceeds may not disburse those funds to the c…
Does a lawyer's duty of confidentiality survive when the former corporate client has shut down, and can a former officer get the files?
The opinion concluded that the Rule 1.6 duty of confidentiality, which encompasses the attorney-client privilege, continues after the representation ends, so the lawyer had to preserve the defunct cor…
Can an insurance defense lawyer send the insured's detailed legal bills to the insurer's third-party auditing company without the insured's informed consent?
The committee concluded the lawyer may not disclose the insured's defense bills to a third-party auditor without the insured's informed consent, and that the lawyer ordinarily may not even seek that c…
Does a Florida lawyer have to file an informational newsletter sent to prospective clients with the Bar, and refile every issue?
The first issue of a newsletter mailed to prospective clients must be filed with the Bar's advertising committee for review. Later issues need to be filed only if they add new firm information that is…
When a lawyer holds a client's settlement funds and a medical provider or other creditor claims part of it, what must the lawyer do?
The lawyer must first decide whether the third person has an interest strong enough to trigger Rule 1.15(b). Only a matured legal or equitable claim, such as a valid assignment, judgment lien, or stat…
Can an insurance defense lawyer follow the insurer's litigation management guidelines when those guidelines control legal research, staffing, discovery, or motions?
The opinion concluded that it is improper under DR 5-107(B) for an insurance defense attorney to abide by an insurer's litigation management guidelines when the guidelines directly interfere with the …
Can an insurance defense lawyer send detailed billing statements to an outside auditor hired by the insurer without the insured client's consent?
The opinion concluded that an insurance defense attorney may not submit detailed legal bills to an outside audit company hired by the insurer without first obtaining the insured client's consent after…
What must a Colorado lawyer do after receiving privileged or confidential documents the other side disclosed by mistake?
The opinion concluded that a lawyer who receives documents that appear privileged or confidential must, on recognizing their nature, notify the sending lawyer, and that giving notice is the only ethic…
When a California court-appointed dependency lawyer is told in confidence by a minor client that the minor is being sexually abused at the placement and the client instructs the lawyer not to disclose, may the lawyer override that instruction in the minor's best interests?
Per the opinion, no, when the lawyer reasonably believes the minor is competent to make an informed decision. The lawyer must honor a competent client's confidentiality instruction even when the lawye…
When can a West Virginia lawyer threaten criminal prosecution to gain leverage in negotiating a civil matter, and what are the limits?
The opinion concluded that, after Committee on Legal Ethics v. Printz, a lawyer may seek restitution in lieu of criminal prosecution if the negotiation is otherwise legitimate, but set five limits: re…
Can a lawyer charge a contingency-fee client interest on disbursements the lawyer advanced on the client's behalf?
The opinion concluded that a lawyer may charge interest on unpaid disbursements in a contingency fee case, even when the lawyer did not borrow the advanced funds, provided the client is told in advanc…
Can a municipality's lawyer at a General Municipal Law 50-h hearing warn a pro se claimant who faces related criminal charges that the testimony could be self-incriminating?
The opinion concluded a municipal lawyer must first confirm the claimant is not being advised by counsel about the hearing before communicating directly; if the claimant is unrepresented on that subje…
In Kentucky, could a part-time prosecutor represent the respondent in a civil domestic violence order (DVO) proceeding?
The opinion concluded a part-time prosecutor could not represent a DVO respondent, because the proceeding is so intertwined with the criminal system that it materially limited the prosecutor's duties …
In Kentucky, does a lawyer handling Title IV-D child-support enforcement for the state have an attorney-client relationship with the party seeking enforcement, even though a statute says there is none?
The opinion concluded that KRS 205.712(7) is not dispositive; whether an attorney-client relationship exists turns on whether a reasonable person, based on the parties' conduct, would understand one t…
In Kentucky, may a Master Commissioner hold funds received in the course of Master Commissioner duties in an IOLTA account?
Yes. The opinion concluded that no provision of the Kentucky Rules of Professional Conduct prohibits a Master Commissioner from using an IOLTA account for transactions related to those duties.
Can a lawyer sell or assign unpaid client fee accounts to a collection agency, and what client information can the agency be given?
The opinion concluded that an outright sale of client receivables to a collection agency is not permitted because it strips the lawyer of the control needed to meet ethical duties (fee arbitration, co…
Can a law firm keep a former partner's name in the firm name after that partner retires and becomes 'of counsel'?
The opinion concluded that a firm could continue to use a retired partner's name in the firm name if the firm's name was established, the retired partner was 'of counsel' in the traditional sense (wor…
What must a North Carolina lawyer do after learning a client concealed income in a consent judgment about to be presented to the court?
The opinion concluded the lawyer may not present a consent judgment based on false income information; the lawyer must try to persuade the client to disclose the truth, must withdraw if the client ref…
Can a North Carolina law firm advertise its record of verdicts and settlements on its website?
The opinion concluded a firm may publish its verdict record only if it provides full context, disclosing unfavorable as well as favorable outcomes, collection rates, the types and complexity of cases,…
Can a Virginia law firm form a partnership with a foreign legal consultant who is treated as a nonlawyer and is not admitted to practice in any U.S. state?
No. The opinion concluded it would be improper under Rule 5.4 for a Virginia attorney to form a partnership or professional limited liability company with a foreign legal consultant who is a nonlawyer…
Can a prosecutor warn the Commonwealth's witnesses about deceptive tactics used by defense investigators without violating the duty not to discourage cooperation with the defense?
Partly. The opinion concludes a prosecutor may tell prosecution witnesses that defense investigators may contact them, identify those investigators by name, and tell witnesses they are free to speak o…
Can a Virginia lawyer pay a referring lawyer a share of the fee when the referring lawyer takes no responsibility for the case and does no further work?
Yes. The opinion concludes that, unlike the former Code, Rule 1.5(e) no longer requires the referring lawyer to assume responsibility to the client in order to share a fee, so a division is permissibl…
Can a Virginia lawyer participate in, or direct an investigator to make, a lawful one-party-consent recording of someone who does not know they are being recorded?
Sometimes. The opinion overrules Virginia's prior categorical ban and concludes Rule 8.4 does not bar a lawyer engaged in a criminal or housing-discrimination investigation from making otherwise lawfu…
Can a lawyer agree to a settlement term barring future use of information learned in the case against the same opponent?
Partly. The opinion concluded a lawyer could agree not to disclose information about a settled matter, since confidentiality rules already require that, but could not agree to a term barring future us…
Can a lawyer buy a client's accounts receivable and collect on them?
Yes, with safeguards. The opinion concluded a lawyer could purchase a client's accounts receivable if the transaction met Rule 1.8(a) (fair terms, written disclosure, written consent, and a chance to …
Can a lawyer have a client waive the right to sue for malpractice in exchange for a lower billing rate?
The opinion concluded that a lawyer may not condition a reduced billing rate on the client's prospective waiver of malpractice liability, because MRPC 1.8(h)(1) bars such an agreement unless it is per…
Can a lawyer-guardian ad litem for a child file a report with the court without breaching the child's confidences?
The opinion concluded that a lawyer appointed as lawyer-guardian ad litem for a minor in a child protective proceeding may prepare and file a written report to the court, but only so long as the repor…
Can a former government lawyer represent a private client in a rulemaking he worked on while at the agency?
The opinion concluded that Rule 1.11's bar on later work in the same 'matter' did not apply, because a rulemaking of general applicability is not particular to specific parties and so is not a 'matter…
Can the principals of a New Jersey law firm set up a separate title abstract company to prepare title reports for the firm's own foreclosure clients?
No. On the facts presented, the Committee concluded that a law firm's principals may not establish a separate title abstract company to provide title reports for the firm's foreclosure clients.
After a lawyer settles a creditor's claim under a confidentiality agreement, can the lawyer later represent a different creditor against the same debtor?
The opinion concluded a lawyer is not precluded from representing a later creditor against the same debtor, so long as the lawyer abides by Rule 1.6 confidentiality, and that using a settlement to bar…
Can a lawyer who is on inactive status in another state still say on her letterhead that she is 'also admitted' there?
Only with care. A lawyer on inactive status in a state may not communicate that she is 'admitted' there unless she discloses the inactive status or reasonably concludes the omission is not materially …
Can a lawyer send a client's confidential information by ordinary unencrypted email without violating the duty of confidentiality?
Yes. In ordinary circumstances a lawyer may use unencrypted Internet email to transmit confidential client information, because there is a reasonable expectation of privacy in its use; particularly se…
If a bank insists on depositing a credit-card retainer into a lawyer's general business account, can the lawyer leave it there instead of in an IOLTA or trust account?
Only if the funds are truly non-refundable. The opinion concluded that any retainer funds that might still be refunded to the client are client funds and must go into an IOLTA or other identifiable tr…
In Kentucky, may the law partner of a prosecutor represent criminal defendants, even in a different county, even without sharing fees, and even if the firm does not advertise the prosecutor connection?
No. The opinion concluded that because a prosecutor cannot represent criminal defendants under KRPC 1.7, the prosecutor's law partner is imputed-disqualified under KRPC 1.10, and the conflict cannot b…
In a joint representation, can a lawyer tell one client a damaging confidence the other client revealed, like a fabricated visa application?
The opinion concluded that joint representation alone does not imply authorization to share one client's confidences with the other; when a client's confidence (here, an admission of a fabricated visa…
Can a child's guardian ad litem contact a parent who has a lawyer, in a child abuse and neglect case, without the parent's lawyer's permission?
The opinion concluded that a guardian ad litem is the child's lawyer and, under Rule 4.2, may not communicate with a represented parent about the subject of the case (directly or through a social work…
Can an Ohio lawyer take a fee from a financial services company for referring clients who need financial services?
The opinion concluded that it is ethically improper for a lawyer to accept a fee from a financial services group for referring clients in need of financial services, because the arrangement is an impr…
Can a lawyer supervise a real estate closing by telephone while a paralegal is physically present at the closing?
No. Georgia FAO 00-3 concluded that a lawyer's participation by telephone, with only a paralegal physically present, did not provide the direct and constant supervision required, so the lawyer's physi…
Can a lawyer let a nonlawyer staff member prepare and sign letters that give legal advice or threaten legal action?
No. Georgia FAO 00-2 concluded that letting a nonlawyer prepare and sign correspondence giving legal advice or threatening legal action aided the unauthorized practice of law, because it created the r…
If a Rhode Island lawyer withdraws from representing a client, can the lawyer then represent someone else in a claim against that same client?
Not without the first client's consent. The panel held this stays a current-client conflict under Rule 1.7, not a former-client issue under Rule 1.9, because the lawyer withdrew from the first represe…
Can a lawyer hold a client's file as a retaining lien until an unpaid bill is paid?
The opinion concluded Montana's rules recognized retaining liens only in limited circumstances and only where the client had agreed to the lien in writing; without that written consent the lawyer had …
When a lawyer leaves a firm and takes a contingent-fee case, how is the disputed fee divided between the departing lawyer and the firm?
The committee treated entitlement as a contract question outside its charge, but concluded that both lawyers' first duty is to disburse the client's share promptly, the disputed fee should be held in …
When may a New Jersey lawyer disburse from the trust account against an 'official check' received at a real estate closing before it has cleared?
The Committee concluded that a lawyer may disburse against a deposited instrument before collection only if it is drawn by a licensed bank on itself or another bank and the lawyer confirms the funds w…
May a California workers' compensation lawyer prepay a flat $250 referral fee to another lawyer when the referring lawyer's underlying fee depends on a future award by the Workers' Compensation Appeals Board?
Per the opinion, no. Former Rule 2-200(A) permits dividing fees with non-firm lawyers only after the client gives written informed consent to an existing fee, so prepayment before any fee exists canno…
In North Carolina, what can an insurance defense lawyer do when the insured will not cooperate and wants the plaintiffs to win?
The opinion concluded the lawyer represents both the insurer and the insured; where the insured has contractually surrendered control of the defense, the lawyer generally follows the insurer's instruc…
Can a North Carolina lawyer appear to 'cover' a hearing for another lawyer's client without the client's consent or a conflict check?
The opinion concluded that a lawyer who appears with the client at a proceeding is representing that client, so the client's consent is required, the covering lawyer must check for conflicts, and must…
Can a North Carolina insurance defense lawyer send the insured's bills to the insurer's outside audit company based on a consent form the insurer collected?
The opinion concluded the lawyer may not rely on a consent form the insurer obtained from the insured unless the lawyer consults with the insured to confirm the consent is informed; the lawyer must ev…
Can a lawyer who represents a tribal entity also represent someone with a tort claim against that entity when the United States, not the entity, would pay any damages?
No. The opinion concluded that representing both a tribal entity and a tort claimant against it under a federal self-determination contract is a conflict of interest under Rule 1.7, even though the en…
Can a lawyer practice law as an employee of a nonlawyer professional-services firm if the lawyer puts safeguards in place?
No. The opinion concluded the proposed safeguards did not overcome Rule 5.4's bar on practicing law within a nonlawyer organization, because they did not protect professional independence, confidentia…
In Kentucky, may a lawyer charge a contingent fee to handle an appeal of a divorce decree over whether certain property is marital or non-marital?
No. The opinion concluded that KRPC 1.5(d) bars a contingent fee in a domestic-relations matter, with no exception for an appeal of a dissolution decree concerning the classification of property.
What must lawyers do when they share office space, staff, and equipment with other lawyers or with nonlawyers?
The opinion concluded that the rules did not prohibit lawyers from sharing office space, staff, or equipment with other lawyers or nonlawyers, provided they protected client confidences, did not hold …
Can a lawyer draft a client's trust that directs the trustee to retain that same lawyer as counsel for the trust?
Yes, with disclosure. The opinion concluded the lawyer may include such a provision at the client's request only if the lawyer reasonably believes the representation will not be adversely affected and…
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.