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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When a prosecutor mistakenly tells a sentencing court a DWI client has no prior convictions, must the defense lawyer correct the record, and may the lawyer petition for a benefit the client is not eligible for?
The opinion concluded the defense lawyer may stay silent when the prosecutor mistakenly reports no prior DWI because the State carries the burden and the lawyer made no misrepresentation, but the lawy…
I was hired by an insurer to defend its insured. The insured wants copies of my letters to the insurer's adjuster that contain my analysis of liability and settlement. Do I have to hand them over?
The panel concluded that the insured is the lawyer's client, so under Rule 1.4 the lawyer must keep the insured reasonably informed and comply with reasonable requests for information; the request for…
While I worked for the Attorney General I told an assault victim that the police weren't prosecuting and that he could privately prosecute. Now in private practice, can I represent that victim in a suit against the perpetrator?
The panel concluded that Rule 1.11(a) did not bar the former Attorney General lawyer from representing the victim privately, because his earlier conversations advising the victim of his options did no…
I'm opening a real estate referral company I'll co-own with another lawyer, in my law office. Can I do the legal work on transactions where my company or its agents earn a commission, and if not, can I refer that work to lawyers in my building?
The panel concluded that Rule 1.7 barred the lawyer from providing legal services in a real estate transaction in which his referral company or its affiliated agents and brokers received a commission,…
When a lawyer leaves a firm, how can the lawyer and the firm notify clients and handle the client files?
The opinion concluded that a departing lawyer may tell clients of the departure, the new location, and a willingness to keep serving them, and the firm may tell clients of the departure and its wish t…
Can a judge or hearing officer write a recommendation for a lawyer who appears before them to become a certified specialist?
The opinion concluded that a judge or attorney hearing officer may give a certifying agency a written recommendation for an applicant seeking attorney-specialist certification, even though the applica…
Can a part-time magistrate, or the magistrate's law partners, practice law in the same court where the magistrate serves?
The opinion concluded that a part-time common pleas or municipal magistrate may not practice law in the court the magistrate serves or where the appointing judge serves, but the magistrate's partners …
Can a lawyer state in an affidavit to disqualify a judge that the lawyer has filed a disciplinary grievance against that judge?
The opinion concluded that a lawyer may not state in an affidavit of disqualification that the lawyer filed a disciplinary grievance against the judge when the grievance has not been certified as a fo…
What must a Mississippi lawyer do with client or third-party funds that go unclaimed, and does it matter whether the owner is a client?
The opinion concluded that a lawyer must hold both client and third-party funds under Rule 1.15 and, when the owner cannot be located, dispose of them under the Mississippi Uniform Disposition of Uncl…
Can a lawyer who represented a plaintiff later represent one of the defendants in a post-settlement arbitration among the defendants, and can opponents disqualify the lawyer by naming him as a witness?
The opinion concluded that conflict rules apply even in non-litigation arbitration; the former plaintiff's lawyer could represent one defendant corporation in the post-settlement arbitration (to which…
My former firm is suing my current client to collect old legal fees, and I worked at that firm while the fees accrued (though I did none of that work). Can I defend the client in the collection action?
The panel concluded that under Rule 1.7(b) the lawyer could represent the client if he reasonably believed the representation would not be adversely affected by his own interests or responsibilities t…
Can a lawyer use a medical-legal consulting service that is paid on a contingency fee to supply an expert witness for the client's case?
The opinion concluded it was impermissible for an attorney to enter into an arrangement with a medical-legal consulting service on a contingency fee basis to provide services to the client, including …
Are older Oklahoma ethics opinions about lawyer advertising and solicitation still reliable?
Not necessarily. The committee concluded that, because the law on lawyer advertising and solicitation was liberalized by Bates v. State Bar of Arizona and the cases that followed, legal-ethics advisor…
May a lawyer who is an employee (staff attorney) of a liability insurer represent the insurer's insured in a defense?
Yes, with conditions. The committee concluded that a staff attorney employed by a liability insurer may represent the insured if the lawyer discloses all limitations on the representation, the insurer…
Can a West Virginia lawyer agree with a liability insurer to defend the insurer's insureds for a fixed or flat fee?
Yes, flat-fee insurance defense is not a per se violation, but the lawyer must ensure in each case that the fee is enough to provide competent, diligent representation and must fully disclose the arra…
In a Colorado criminal case, can a lawyer use a subpoena duces tecum to get documents from a witness without notifying the other side, and what must the lawyer do if a subpoenaed witness sends privileged material?
The opinion concluded that a lawyer may not use a subpoena duces tecum in a criminal case to obtain an exclusive or earlier review of documents without giving the required notice to opposing counsel o…
Can a lawyer for a private client contact individual members of a government licensing board directly, without the board lawyer's consent, about the client's matter?
The opinion concluded that, under D.C.'s Rule 4.2(d), which excludes communications with government officials from the no-contact rule, a lawyer may contact individual members of a D.C. licensing boar…
When can a law firm use an ethical screen to avoid being disqualified because one of its lawyers has a conflict from a prior matter?
The opinion concluded that screening a disqualified lawyer can cure a firm's imputed disqualification only in three situations: where the lawyer was not a lawyer when involved in the prior matter for …
Does a New Jersey lawyer have to tell a client about a potential legal malpractice claim against the lawyer, and when?
Yes. The opinion concluded that RPC 1.7(b)(2) and RPC 1.4 require a lawyer to inform a client of a potential malpractice claim against the lawyer, and that disclosure must occur when the lawyer ascert…
In Kentucky, may a lawyer email clients without encryption, and is a law firm website subject to the solicitation rules?
The opinion concluded a lawyer may use unencrypted email (including the Internet) to communicate with clients unless unusual circumstances require enhanced security, and that a passive law firm websit…
May an Arizona lawyer sell client accounts receivable to a factoring company, even with each client's consent after consultation?
The opinion concluded that selling client accounts receivable to a factor was unethical even with client consent, because the client could not be given enough information to appreciate the disclosure …
When a corporate parent is the represented party, can the opposing lawyer interview an employee of its wholly-owned subsidiary without the parent's counsel consenting?
The opinion concluded that ER 4.2 can bar ex parte contact with a subsidiary's employee, using the same three-part functional test applied to the parent's own employees: contact is barred where the em…
May a lawyer serve on the board of directors of a corporation while also acting as its legal counsel, and what conflict and privilege problems does the dual role create?
The opinion concluded that the Model Rules do not prohibit a lawyer from simultaneously serving as director and counsel of a corporation, but the lawyer should make sure management and the board under…
Can a discrimination plaintiff's lawyers, as part of the settlement, agree to be hired by the defendant employer to advise it on its employment practices, with the plaintiff waiving the conflict?
On these facts, yes. The opinion concluded the settlement did not violate the bar on agreements that broadly restrict a lawyer's right to practice, because the agreement contained no explicit restrict…
Can a Commonwealth's Attorney serve on the advisory board of a local Alcohol Safety Action Program, and can that program be administered out of the prosecutor's own office?
Split. The opinion concluded it is not improper for a Commonwealth's Attorney to serve on the ASAP advisory board, consistent with prior opinions allowing prosecutors to sit on community boards that d…
Must a plaintiff's lawyer who testified at a pretrial venue hearing withdraw from the trial, and can a stand-in lawyer be used to avoid the disqualification?
Yes, and no. The opinion concluded that under the witness-advocate rule a lawyer who testified for his client on the contested venue issue could not continue to conduct the trial, and that the rule ap…
Can I start charging interest on my clients' overdue legal bills even though our fee agreement never mentioned interest?
The panel concluded that the Rules do not prohibit charging interest on unpaid balances for legal services, provided the lawyer complies with applicable law on interest and, absent a prior agreement, …
Four years ago my firm represented Able in a car-accident injury claim. Can we now represent Baker, a passenger injured in a different accident, in a claim adverse to Able?
The panel concluded that Able was a former client under Rule 1.9, but because the earlier accident claim and the new one were not the same or substantially related matters, the firm could represent Ba…
Eight years ago I got Client A sole custody in her divorce. Can I now represent Client B, the present wife of Client A's ex-husband, in Client B's own child-support case against a different ex-spouse?
The panel concluded that Client A was a former client under Rule 1.9, but the continued representation of Client B was permitted because the custody matter and the new child-support matter were not th…
Can I cold-call a pro se appellee and offer to represent the appeal for free if my real goal is to log the appellate experience I need to get onto the paid court-appointment list?
The panel concluded that the proposed telephone solicitation would violate Rule 7.3(a), because a significant motive was the lawyer's own pecuniary gain in qualifying for future paid appointments, and…
Can a D.C. lawyer send confidential client information by unencrypted email over the Internet without violating the confidentiality rule?
The opinion concluded that, in most circumstances, transmitting confidential information by unencrypted email does not by itself violate Rule 1.6, because the rule requires reasonable, not absolute, e…
Can a D.C. lawyer form a partnership or professional association with a foreign lawyer who is not licensed in any U.S. jurisdiction?
The opinion concluded that a D.C. lawyer may join in a partnership or other professional association with a foreign lawyer who is licensed abroad but not in any U.S. jurisdiction, so long as the assoc…
Can a lawyer set up a for-profit group legal services plan and take the client referrals it generates?
The opinion concluded that a lawyer may not receive referrals from a group legal services plan the lawyer established and runs through a for-profit organization that bears no liability for its members…
Can a Michigan judge accept installment or lump-sum payment for selling a former law practice, and must the judge recuse when the buyer appears?
Accepting reasonable compensation for a practice sold under MRPC 1.17 is not the practice of law and is permitted, but when the buying lawyer or firm appears before the judge the judge must disclose t…
What settlement-release clauses are off-limits in Tennessee personal injury cases, including ones that limit a plaintiff lawyer's future practice?
Formal Ethics Opinion 98-F-141 addressed four release clauses in personal injury and medical malpractice settlements: confidentiality clauses are not prohibited by any disciplinary rule (the public-po…
I got a deposition notice and a subpoena duces tecum for a former client's documents that I think are privileged, and the client won't consent to disclosure. Can I refuse to produce them?
The panel concluded that Rule 1.6 barred the lawyer from disclosing the information without the former client's consent and required the lawyer to invoke the attorney-client privilege and work-product…
When a California lawyer takes a security interest (a deed of trust) in real property to secure fees, does former Rule 3-300 apply if the record title is held by a third party but the client claims an interest in the property?
The opinion concluded that former Rule 3-300 applied whenever the attorney knew the client had any interest in the property pledged. Rule 3-300 was not limited to property the client owns of record; t…
Can a sitting judge promote and encourage lawyers to do pro bono work, and may the judge personally ask individual attorneys to take specific cases?
A judge may engage in a wide range of activities to promote and encourage pro bono service, but should not personally solicit individual attorneys to represent specific people, to avoid coercion and t…
A part-time county prosecutor in private practice represents a client in a civil case, and the opposing party becomes a criminal suspect in the same county. Must the prosecutor withdraw from the civil case, or is referring the criminal matter enough?
If the prosecutor has not become personally substantially involved in, and has no meaningful control over, any investigation of the criminal matter, he need not withdraw from the civil case and can cu…
Can a newly-elected judge sell the judge's old law practice for a price tied to how much the buying firm later collects from those former clients?
The opinion concluded no: while a judge may sell a law practice under DR 2-111, a price contingent on the buyer's future success in keeping the former clients would induce the judge to help the firm r…
Can a lawyer take a medical malpractice case from a consultant who demands a contingent consultant's fee as the price of bringing the case, and can the two contingent fees together exceed the statutory cap?
The opinion concluded a lawyer may not take a case conditioned on agreeing to a consultant's contingent fee, and that a consultant's contingent fee combined with the lawyer's may be excessive, especia…
Can Maine lawyers form a committee to raise funds for a national judicial-education center whose programs benefit judges, including Maine judges?
The opinion concluded no. Under the Maine rule barring lawyers from directly or indirectly giving anything of value to a judge, contributions to and solicitation for a fund that educates judges are a …
If a creditor serves a writ of execution on a lawyer for client funds held in the lawyer's trust account, may the lawyer turn the funds over?
The opinion concluded that nothing in the Alaska Rules prevents a lawyer from honoring a valid writ of execution against client trust-account funds; the lawyer must pay the funds to the process server…
Can a lawyer use email to communicate confidential matters with a client, and does sending unencrypted email risk waiving the privilege?
The opinion concluded a lawyer may ethically use email to communicate with a client on any topic; client consent to unencrypted email is not required, but clients should be advised it is not fully sec…
Can a plaintiff's lawyer contact the defendant's liability insurer or its claims representative directly when the defendant is represented by counsel?
The opinion concluded that, unless the plaintiff's lawyer has actual knowledge the insurer is itself represented by counsel in the matter, contacting the defendant's insurer or its claims representati…
Can a North Carolina lawyer accept credit card payments into a trust account when the bank's merchant agreement lets it charge back the account without notice?
The opinion concluded a lawyer may accept credit card payments subject to a chargeback only if other clients' trust funds are protected (by debiting a non-trust account or a dedicated trust account), …
Can a North Carolina closing lawyer who regularly represents a developer-seller also represent the buyer in closing a residential sale?
The opinion concluded the closing lawyer may represent both the developer-seller and the buyer only if the lawyer reasonably believes the common representation will not be adverse to either client, fu…
When a corporate client files Chapter 7 bankruptcy, who is the lawyer's client, what may the lawyer tell the trustee, and may the lawyer act over the sole shareholder's objection?
The opinion concluded that once a Chapter 7 trustee is appointed, the trustee controls the corporation's civil claim and is entitled to all confidential information about it; the lawyer may pursue the…
Can a North Carolina lawyer send targeted direct mail without the firm's address, and can the advertising disclaimer be printed in hard-to-read light type?
The opinion concluded a lawyer may not send a targeted direct mail letter without the firm's address because the omission is materially misleading, and the required 'advertisement' disclosure must be …
Can a lawyer in North Carolina contact a current or former employee of a represented organization without the organization's lawyer's consent?
The opinion concluded the no-contact rule protects any current employee who has managerial responsibility, and bars contact with a former employee who participated substantially in the organization's …
Can a North Carolina prosecutor have officers plant an undercover officer in the cell of represented defendants to listen to their conversations?
The opinion concluded a prosecutor may instruct officers to place an undercover officer who only listens, and does not question or advise the defendants, in a cell with represented defendants, provide…
My firm was hired by an insurer to defend both the insured and the driver, but the driver never responded and now the insured has given me information adverse to the driver. Can I drop the driver and represent the insured?
The panel concluded that Rule 1.7 prohibits the lawyer from representing the insured whether or not the lawyer withdraws from representing the driver, because the two clients' interests are directly a…
Can a North Carolina lawyer for a public body issue a press release responding to news coverage of pending civil litigation without violating the trial-publicity rule?
The opinion concluded the school board's press release did not violate Rule 3.6 because the statements were not on the rule's prohibited list, much of the information was already public, it concerned …
Can a North Carolina law firm add finance charges or interest to clients' past-due bills, and what notice or agreement is required?
The opinion concluded a firm may add finance charges to past-due accounts only as allowed by usury and consumer-credit law: legal-rate interest is available under the statute without prior notice, but…
Can a North Carolina lawyer explain the legal effect of service of process to a client, and may the lawyer advise the client on how to evade service?
The opinion concluded a lawyer may explain how service works and that the client has no duty to volunteer to accept process, but may not advise or instruct the client to evade service (including lying…
Does a lawyer have a conflict of interest when the lawyer is a beneficiary of a trust that owns stock in companies that turn out to be clients or opponents of the firm?
The opinion concluded that ordinarily there is no conflict and no disclosure duty, because such a financial interest only rarely could reasonably affect the lawyer's professional judgment; only in the…
Can a lawyer who is also a licensed insurance broker sell long-term care insurance to the lawyer's own estate-planning clients?
The opinion concluded no: a lawyer may not sell long-term care insurance to a client the lawyer represents in estate planning, because advice about that insurance is central, not tangential, to the re…
Can an Arizona lawyer pay a marketing agency a flat monthly fee to send accident victims to the firm, and can a lawyer buy a towing company's customer list?
The opinion concluded that the flat-fee marketing arrangement was a for-profit lawyer referral service that no bar association sponsored or approved, prohibited by ER 7.1(j) and 7.1(r); but a lawyer c…
Must lawyers and judges report a defense attorney to the bar when that attorney files an affidavit admitting ineffective assistance of counsel?
Not automatically. The opinion concluded that an affidavit acknowledging ineffective assistance does not by itself trigger the ER 8.3 duty to report; the reporting lawyer must still judge, case by cas…
Can a public defender complete a court's pretrial status report disclosing meeting dates, discovery status, and plea review without breaching confidentiality?
Yes. The opinion concluded that although the information on the superior court's Defendant Initial Status Report is confidential under ER 1.6, a public defender may disclose it because completing the …
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.