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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Did a lawyer who listed practice areas in an online directory have to include Tennessee's specialization-certification disclosures?
Vacated. As originally issued, Formal Ethics Opinion 99-F-144 concluded that lawyers listing areas of practice on the Internet, including law directories or other public websites, had to comply with t…
Can insurance defense counsel let the insurer's outside auditors review billing and case files, and follow insurer directives on the defense?
Formal Ethics Opinion 99-F-143 concluded that an insurance defense lawyer may not disclose the insured's confidences or secrets to the insurer's outside auditors (in bills or files) without the insure…
Two of the parties fighting over a right-of-way are both former clients of my firm, on opposite sides. Can my firm represent either one?
The panel concluded that under Rule 1.9 and Rule 1.10, and absent consent, the firm may represent neither the buyers of the dominant parcel nor the servient-parcel owners, because both are former clie…
I'm a state agency lawyer suing a city, and a colleague at my agency sits on that city's council. Do I have a conflict of interest?
The panel concluded the agency lawyer may represent the State against the city under Rule 1.7(b), provided the lawyer reasonably believes the representation will not be adversely affected and obtains …
Can an Ohio law firm use a domain name that is not the firm's name for its website?
The opinion concluded that, although it is preferable to use the firm name, a lawyer may use other letters, words, or numbers in a website domain name as long as it is not false, misleading, deceptive…
Can an Ohio lawyer be listed in a professional association's online membership directory, with links to the lawyer's email or firm website?
The opinion concluded that an attorney may be listed in a professional association's online membership directory, which it treated as a law directory intended primarily for the legal profession permit…
Can an Arizona lawyer negotiate against, or contact directly, an opposing insured who is represented by an unsupervised nonlawyer public adjuster?
The opinion concluded that a lawyer may not negotiate with an opposing party's nonlawyer public adjuster who is not supervised by a lawyer, because doing so assists the unauthorized practice of law un…
Can an Arizona lawyer join an internet service that routes potential clients' legal questions to attorneys by claimed area of expertise for a per-question fee?
The opinion concluded that an Arizona lawyer may not participate in an online service that screens legal questions and routes them to attorneys based on claimed expertise, because it is a lawyer refer…
Can a defense lawyer contact the plaintiff's treating physician ex parte (without plaintiff's counsel present) when the plaintiff's physical condition is at issue?
Withdrawn. At the time, the Committee concluded no ethical rule prohibited ex parte contact with a plaintiff's treating physician who is not separately represented; the Utah Supreme Court vacated this…
How do conflict-of-interest, imputation, and fee-division rules apply to a temporary or contract lawyer engaged by a Colorado firm, and to placement agencies?
The opinion concluded that a temporary lawyer represents the engaging firm's client and is bound by all the conflict rules; whether the temporary lawyer's conflicts are imputed to or from the firm tur…
When a California lawyer moves from one law firm to another, which conflicts of interest from the former firm travel with the lawyer, and when are those conflicts imputed to the new firm?
Per the opinion, the moved lawyer is barred under Rule 3-310(E) only if the lawyer holds confidential information from the former firm's client material to the new representation. The lawyer's actual-…
My firm's lawyers used to represent Company A on its waste-disposal cleanup cases at other sites. Can we now represent other companies against Company A at a new landfill site without Company A's consent?
The panel concluded that under Rule 1.9 the firm's lawyers had a former-client conflict because the new clients' interests were materially adverse to Company A and the matters were substantially relat…
A court clerk is out on serious medical leave. Can I set up a fund and ask other lawyers to donate, or chip in to the one the clerk's co-workers already started?
The panel concluded the Rules of Professional Conduct do not prohibit contributing to the existing fund, establishing a separate fund, or soliciting donations from other lawyers to provide financial a…
My law partner is leaving to take a government job. He says I can keep his name in the firm name. Can I keep calling the firm by both our names?
The panel concluded the continued use of the departing partner's name would be misleading under Rules 7.1 and 7.5 and inconsistent with Article II, Rule 10 of the Supreme Court Rules, so the attorney …
I'm a solo lawyer affiliated 'of counsel' with another attorney who also works as a business broker and refers his brokerage clients to me. Are his conflicts imputed to me so that I can't represent those clients?
The panel concluded that because the two lawyers kept separate offices and practices and had no access to each other's files, they were not a 'firm' under Rule 1.10, so Attorney B's conflicts were not…
I'm a lawyer who is also a licensed investment adviser and securities sales rep. Can I sell investment services and give legal advice to the same client, represent the investment firm I work with, and trade referrals with it?
The panel advised against providing both legal and investment services to the same client because the lawyer's financial stake in the investments makes Rule 1.8(a)'s fairness requirement impossible to…
May a California lawyer set up a business that finances another person's lawsuit in exchange for a partial assignment of the proceeds, where the claimant retains independent counsel?
Per the opinion, yes, on stated conditions: the claimant brings the lawsuit, is represented by independent counsel of the claimant's choice, the financier does not interfere with the lawyer, and the f…
Can a law firm enforce an employment-contract formula dividing a contingent fee when a lawyer leaves and takes the client's case?
The opinion concluded that ER 1.5(e) is the exclusive framework for dividing fees among lawyers in different firms, so a firm-and-departing-lawyer contract dividing post-departure fees is ethically en…
Can a West Virginia lawyer charge a non-refundable retainer, and when does keeping the unearned fee violate the rules?
It depends on the type. A non-refundable fee for availability is not a per se violation if clearly explained, but where specific work is expected all fees must be earned, and any non-refundable retain…
Can an insurance defense lawyer send the insured's legal bills to the insurer's outside auditor or reviewer?
Only with the insured's informed consent. The opinion concluded that itemized legal bills are confidential under Rule 1.6, so a lawyer may release them to outside auditors only after consulting the in…
If a lawyer negotiates with the opposing party's paralegal, secretary, or other non-lawyer representative, is the lawyer helping that person engage in the unauthorized practice of law?
Generally no. As long as the non-lawyer representative is supervised by a lawyer under Rule 5.3, communicating with that representative does not assist the unauthorized practice of law, and a lawyer m…
Can a Michigan judge moderate a political party's public forum on pending criminal-justice legislation?
Yes, a judge may moderate such a forum if the judge does not comment on pending or impending cases, does not take a position on a legislative initiative that would later require recusal, and the role …
After local legal-services offices merge into one corporation, can different offices represent opposing low-income clients in North Carolina?
The opinion concluded that after consolidation, lawyers in physically separate local legal-services field offices are not necessarily one firm for imputation purposes, so different offices may represe…
Can a North Carolina lawyer get an opposing party's medical records by telling the custodian they can mail the file instead of attending a noticed deposition?
The opinion concluded that a lawyer may not mislead a records custodian about the lawyer's authority to compel production; a custodian may deliver the records directly to the lawyer in lieu of a depos…
Can a lawyer accept a referral or solicitor's fee from an investment advisor for sending clients to the advisor?
No. The opinion concluded that accepting a referral fee from an investment advisor to whom the lawyer steers clients impaired the lawyer's independent professional judgment, and written disclosure to …
After a North Carolina lawyer's bankruptcy client is discharged, can the lawyer reveal an unreported inheritance the client refuses to disclose?
The opinion concluded a tip that a discharged Chapter 7 client received a reportable inheritance is confidential under Rule 1.6; Rule 3.3 candor no longer compels disclosure once the case has closed, …
In North Carolina, can a lawyer link a criminal plea to settling the related civil fraud claim and demand a confession of judgment?
The opinion concluded that, although North Carolina deleted the old rule barring criminal threats for civil advantage, a lawyer may link related criminal charges and a civil claim if the lawyer reason…
Can defense counsel paid by an insurer send detailed billing and case information to the insurer or its outside bill-auditing company?
The opinion concluded that a lawyer may release an insured's confidences or secrets, including detailed work descriptions, to the insurer or an insurer-hired auditor only after disclosing the conseque…
When a settlement check arrives, must the lawyer pay the client's medical providers directly, and what happens if a lienholder is out of business?
The opinion concluded the lawyer must pay a provider directly when it has an undisputed valid lien or assignment, must hold disputed funds (while disbursing undisputed funds) when the client contests …
Can an Ohio lawyer email clients about confidential matters without encrypting the message?
The opinion concluded that a lawyer does not violate the duty to preserve confidences and secrets under DR 4-101 by communicating with clients through unencrypted email, because the risk of intercepti…
Can an insurance-defense lawyer agree to insurer litigation guidelines and send the insured's detailed bills to a third-party auditing service?
The opinion concluded that a lawyer may not enter any agreement letting a third-party insurer interfere with independent judgment for the insured, and may give the insured's detailed bills to a third-…
Can my firm use a name like 'Discount Legal Services of Jones and Doe' or 'Jane Doe Trial Lawyers'?
The Committee concluded a lawyer may not practice under a firm name that, beyond the lawyers' names and words showing the firm provides legal services, claims or implies a quality of the firm; names l…
Does my firm have a conflict if we hire a lawyer who married into the family of a mid-level employee of a corporation we are suing?
The Committee concluded that, on these facts, a firm's hiring of a lawyer married to the daughter of a mid-level employee of an opposing corporation created no conflict under Rule 1.06(b)(2), because …
After leaving my old firm, can my new firm represent a party against a client my old firm represented while I was there?
The Committee concluded that a new firm formed by lawyers who left a firm representing one party may represent the opposing party in that litigation if doing so does not violate Rule 1.09(a); on these…
Can a reduced-fee-panel lawyer in a divorce case raise the hourly rate if the client is awarded a certain value of assets?
The opinion concluded that a domestic-relations fee agreement, even one used by a county bar reduced-fee panel, may not provide for a higher hourly rate triggered by the value of assets awarded to the…
Can defense counsel in an Arizona workers' compensation case privately interview the claimant's treating physician without the claimant's consent?
The opinion concluded that defense counsel in a workers' compensation case may not conduct private ex parte interviews of the claimant's treating physician unless the claimant, with advance notice, ex…
Can an Arizona lawyer charge a non-refundable or earned-on-receipt fee, and does that money have to go into the client trust account?
The opinion concluded that non-refundable or earned-on-receipt fees are not unethical per se but must be reasonable under ER 1.5 and clearly agreed to, preferably in writing. A true earned-on-receipt …
Can insurance defense counsel send the insured's confidential information or billing records to the insurer's outside auditors?
The opinion concluded that defense counsel may give confidential information to an insurer that has a duty to defend so long as it is not circulated further, but may not send it to third persons, incl…
Can one lawyer pay another lawyer's advertising costs in exchange for the advertised lawyer referring clients?
No. The opinion concluded the arrangement violates Rule 7.1 because it misleads the public about which lawyer will actually represent them, and violates Rule 7.2(c) because paying a lawyer's advertisi…
If a competent capital defendant orders defense counsel not to present mitigating evidence, must counsel withdraw, and what must counsel and the court do?
Formal Ethics Opinion 99-F-73(a) amended 84-F-73 to conform to State v. Zagorski. It concluded that when a competent defendant instructs counsel not to investigate or present mitigating evidence, coun…
Can a lawyer send confidential client information by unencrypted email over the Internet, or do the ethics rules require encryption or client consent?
The opinion concluded that a lawyer may transmit information relating to a client's representation by unencrypted Internet email without violating Model Rule 1.6, because email affords a reasonable ex…
I'm a lawyer for a state child-support agency. Can I represent the state to recover overpaid support from a custodial parent I already represent, and can my office take the opposing parent's case after a custody switch?
The panel concluded that Rule 1.7(a) barred the agency attorney from representing the state against his own client in the recoupment proceeding, and that withdrawing would not cure it; in the second s…
My criminal client was released into a court-ordered residential drug treatment program and then walked out. Do I have to report that to the sentencing court?
The panel concluded that Rule 3.3 did not require the lawyer to tell the court that the client had left the court-ordered program, because the lawyer's silence would not assist a crime or fraud under …
I represent one family in a tort suit against an abuser and another family in a criminal-injuries-compensation claim over the same abuser. Do I have a conflict of interest representing both?
The panel concluded that Rule 1.7 did not preclude the representations because the two sets of clients' interests were not directly adverse and the representation of one was not materially limited by …
May a California lawyer charge a client interest on costs advanced on the client's behalf, covering the period from when the lawyer pays the cost to when the client is billed?
Per the opinion, only if the written fee agreement specifically provides for it. The Rules of Professional Conduct do not categorically prohibit such interest, but Bus. & Prof. Code section 6147 and t…
May a Maine lawyer secretly record telephone calls (with clients, opposing counsel, or others) when state and federal law allow one-party recording?
The opinion concluded that secretly recording a call is not per se prohibited by the Maine Bar Rules, departing from the ABA majority view, because the dishonesty rule cannot be read so broadly; but t…
After withdrawing to avoid using a client's falsified medical billings, may a California lawyer disclose the misrepresentation as the reason for withdrawal in a later fee dispute with the former client?
Per the opinion, only if the misrepresentation is relevant to the dispute and reasonably necessary because of an issue the client has raised. Disclosure should be made in a way that minimizes confiden…
What are a California lawyer's ethical limits on objecting during a client's deposition and on consulting privately with the client during the deposition or its breaks?
Per the opinion, the lawyer must protect the client's interests by asserting appropriate objections and may consult with the client during and between deposition sessions, including interrupting a pen…
Can an insurance defense lawyer send the insured's legal bills to an outside auditor hired by the insurance carrier without the insured's consent?
The opinion concluded a lawyer may not submit an insured's legal bills to an independent audit company employed by the carrier without the insured's informed consent, because the billing records conta…
In Kentucky, may a Department of Public Advocacy lawyer negotiate for future employment with a prosecutor's office?
The opinion concluded a public advocate may not negotiate employment with any office that is a party or counsel in a matter the lawyer is handling personally and substantially (an absolute bar under K…
Can a solo lawyer take on contract or project work from several different law firms, and must the firms tell their clients a contract lawyer is doing the work?
The opinion concluded a lawyer may work as a contract lawyer for one or more firms; DR 5-105 and DR 5-108 apply to the lawyer personally, and whether the firm's vicarious disqualification under DR 5-1…
When a congressional subcommittee subpoenas a lawyer's files of client confidences, must the lawyer refuse and risk contempt, or can the lawyer comply?
The opinion concluded that a lawyer must raise all available, legitimate objections to a congressional subpoena to protect client confidences and secrets, but once the subcommittee overrules the objec…
I used to be a prosecutor and handled this defendant's case. Now in private practice, can I represent him at his parole hearing, can my firm take it if I'm screened, and can I collect a referral fee if I send it out?
The panel concluded that Rule 1.11(a) was an absolute bar to the former prosecutor personally representing the individual (RI's rule has no government-consent provision), that the firm could take the …
I'm a part-time deputy probate judge for a town and I also have a private law practice. Can I represent clients before that same town's zoning board?
The panel concluded that the part-time deputy probate judge could represent clients before the municipality's zoning board if, under Rule 1.7(b), he reasonably believed the representation would not be…
Can I report a client's settlement to the 'Verdicts and Settlements' column of a legal newspaper without the client's consent if I leave out the names, insurer, and docket number?
The panel concluded that the settlement details the lawyer proposed to publish were information relating to the representation, so under Rule 1.6 the lawyer could not disclose them for publication wit…
Can a lawyer who is called to testify as a fact witness about a former representation charge the client an hourly fee for preparing and testifying?
The opinion concluded that, assuming the payment is legal, a fully informed client may agree to pay a lawyer-witness reasonable compensation for lost time, ordinarily up to the lawyer's customary hour…
Must a lawyer follow a client's instruction to skip title searches the lawyer recommended, and what are the lawyer's options if the lawyer disagrees?
The opinion concluded the lawyer should follow the client's lawful instruction to forego title searches once the client is fully informed of the consequences; the decision belongs to the client, and t…
Can an Ohio judge or magistrate accept appointment as a trustee on the board of a county community college?
The opinion concluded that under the former Ohio Code of Judicial Conduct a judge or magistrate could not accept appointment as a trustee of a county community college, because Canon 4(C)(2) barred ap…
What must a Utah lawyer do after lawfully obtaining an opposing party's privileged communication?
The opinion concluded the lawyer must notify opposing counsel of the receipt unless it is clear the attorney-client privilege was intentionally waived, grounding the duty in Rule 8.4(d).
Can a lawyer take a contingent fee to establish paternity and collect past-due child support, despite the ban on contingent fees in domestic-relations matters?
Narrowly, yes. The opinion concluded that, on these facts, a contingent fee is permissible because the reconciliation rationale for Rule 1.5(d)'s ban does not apply, provided the lawyer first disclose…
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.