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 oversee a public adjuster who is engaged in the unauthorized practice of law?
Assuming the public adjuster is engaged in the unauthorized practice of law, the committee concluded the lawyer may not oversee the adjuster's activities, because Rule 5.5(b) bars assisting a nonlawye…
Does defense counsel need the insured's informed consent before sending legal bills to the insurer's outside billing auditor?
The committee concluded that submitting legal bills to an outside auditing service requires the insured's informed consent regardless of whether the firm deems the information privileged or confidenti…
Can a newspaper fund and house a for-profit legal clinic named after the community without owning it?
The committee concluded the clinic may use the community's name if accompanied by a disclaimer that it is not a public legal aid office, and that the newspaper's role as lender and landlord does not v…
Can a lawyer scan closed client files to disk or microfilm with an imaging vendor and shred the paper originals?
Treating the question as largely one of substantive law, the committee offered informal advice that there appears to be no prohibition on placing closed files on a medium such as computer disk, microf…
When a lawyer leaves a firm and agrees to split fees with the old firm without telling the client, can the lawyer pay the old firm over the client's objection?
Rule 1.5(e) requires telling the client about a fee split that is not in proportion to the work performed. Because the client was not informed and objects, the committee advised the lawyer to hold the…
How should a firm list a retiring partner who forms his own PA but stays in the building as Of Counsel?
The committee concluded the firm's letterhead should indicate that the retiring lawyer is 'Of Counsel' to the firm and that he practices through his own professional association, and that the firm's a…
After being dismissed from a suit, must a lawyer still keep a former client's confidences when other defendants want her testimony?
The committee concluded the duty of confidentiality and the attorney-client privilege continue after the relationship ends, and because neither Rule 1.6(b) exception applied (no criminal act, and the …
Can a lawyer who also sells life insurance refer a client to an insurance agent and share the commission?
The committee found no rule prohibiting a licensed attorney from selling life insurance in South Carolina, and concluded the rules would not prohibit a practicing attorney from referring clients to a …
Can a plaintiff's lawyer directly notify a defendant's homeowners insurance carrier of the claim against its insured?
The committee concluded the attorney may communicate with the insurance carrier to inform it of the nature of the client's claim against its insured, because the carrier is not a represented party, so…
Can a lawyer for an adoption agency also represent the adoptive parents in the same uncontested adoption?
The committee concluded the lawyer may not represent both the adoption agency and the adoptive parents, because the lawyer's duty to help the agency present factual statements about the parents' fitne…
Can a lawyer attend a meeting between the lawyer's clients and a represented school's officials about the clients' injury claim?
The committee concluded that, assuming the school is represented by counsel, Rule 4.2 bars the attorney from communicating with the school's officials about the matter without the school's counsel's c…
Can a lawyer give the IRS a former client's closing documents and checks without the client's consent?
The committee concluded the attorney may not disclose any of the documents to the IRS without the client's permission or a court order, because Rule 1.6 makes all information relating to the represent…
Can a lawyer represent a contractor against a former client the lawyer once briefly advised about suing that same contractor?
The committee concluded no: the lawyer must withdraw under Rule 1.9(a), because the lawyer had formerly looked into the client's potential claim against the contractor, and continued representation of…
Is a bar association's online member directory with links to lawyers' web pages a referral service, and when do lawyer web sites count as advertising or solicitation?
The committee concluded that an online bar directory was not a lawyer referral service and that the bar need not police members' linked pages; informational lawyer web sites need not be labeled advert…
Can a lawyer contact a represented former employee of the opposing corporation just to learn the name of that employee's personal counsel, and is the employee's counsel's consent enough to talk further?
The committee concluded the lawyer may contact the former employee solely to obtain the name of the employee's personal counsel (a written request being more prudent), since that is not a communicatio…
Must a lawyer disclose to subcontractors a payment the client made after a lien notice, and can the lawyer summarize the balance owed without mentioning that payment?
The committee concluded that, assuming no criminal or fraudulent act, the lawyer has no affirmative duty to disclose the client's $50,000 payment to the general contractor, but having chosen to give t…
Can a lawyer close loans brokered by a corporation in which his wife is a major shareholder, appear on the broker's attorney-referral list, and must he disclose her interest?
The committee concluded the lawyer may serve as closing attorney for borrowers of his wife's brokerage if he carefully monitors confidentiality and conflicts under Rules 1.6, 1.7, and 1.8 and obtains …
Must a lawyer who advertises practice areas disclose that he is not certified to try state-court cases alone and is not admitted to practice in bankruptcy court?
The committee concluded that a practice-area advertisement is false and misleading under Rule 7.1 if it omits that the lawyer lacks Rule 403 certification (so cannot appear alone in the trial of a sta…
Must a lawyer give a former client his entire file, including mental-health records a treating physician marked 'not to be shown to the patient'?
The committee concluded that under Rule 1.16(d) the lawyer must release the entire file to the former client, including the mental-health records the physician stamped 'not to be shown to the patient,…
Can a lawyer provide limited 'unbundled' help to a pro se litigant, including ghostwriting pleadings, without disclosing the involvement to the court?
The committee concluded a lawyer could give limited background advice and counseling to a pro se litigant under Rule 1.2(c), but that undisclosed drafting of litigation documents, especially pleadings…
Is Georgia Formal Advisory Opinion 98-1 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 98-1, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Can a lawyer pass the credit card company's service fee on to clients who pay fees or retainers by credit card, and does it matter if the retainer is nonrefundable?
The committee concluded a lawyer may charge clients the actual credit-card service fee so long as the total fee is reasonable under Rule 1.5(a), the lawyer fully discloses the charges before billing t…
What can a lawyer do when, in a contingency case, the client cannot be located despite reasonable efforts and the client failed to provide updated contact information?
The committee concluded that if the lawyer has pursued all reasonable avenues to locate the client and the client cannot be found through the client's own fault, it is reasonable for the lawyer to tre…
Can a law firm publish a newspaper announcement that a nonlawyer lobbyist has joined the firm as 'Executive Director of Government Affairs'?
The committee concluded the announcement is permissible if it complies with Rule 7.2 (especially Rule 7.2(d)): describing the nonlawyer's role as an administrative position is not materially misleadin…
Can lawyers who sit on a business-incubator board represent tenants of the incubator, must they abstain from related votes, and can they hand out a directory of other lawyers?
The committee concluded that, with full disclosure and consent, lawyers on a business-incubator board are not barred from representing tenants under Rule 1.7; abstention is governed by board policy an…
May a lawyer serving as a child's guardian ad litem reveal the child's confidences, and when does the guardian role turn into an attorney-client relationship?
The committee concluded that a guardian ad litem who is not also acting as the child's lawyer may reveal the child's confidences to the court as needed to carry out the guardianship or protect the chi…
What must a criminal defense lawyer do when the client tells the lawyer about, or hands over, the fruits or instrumentalities of a crime?
The opinion gives a balancing framework, not a bright-line rule: a lawyer may not conceal, destroy, or alter physical evidence; what a client says about it is privileged, but the items themselves are …
If I pay a contract or temporary lawyer to help on a case, must I tell the client and get consent?
It depends: paying a contract lawyer an hourly rate under close supervision and not billed as a disbursement needs no disclosure, but delegating without close supervision, or paying a percentage of th…
Can I sue my former client's trustee on behalf of a trust beneficiary I jointly represented years ago in an unrelated condemnation case?
Yes. The earlier joint representation in a condemnation case was not substantially related to the beneficiary's later breach-of-fiduciary-duty claim against the trustee, so Rule 1.9 did not bar the ne…
Can a law firm partnership agreement make departing partners forfeit compensation if they compete with the firm?
No. The opinion concluded a provision forfeiting a portion of a departing partner's compensation for competing with the firm violates Rule 5.6(a) as an improper restriction on the right to practice.
Can a lawyer charge the client an extra fee for getting a subrogation lien reduced, on top of the agreed contingency percentage?
No. The opinion concluded a lawyer cannot take an additional fee for reducing a lien beyond the percentage set in the contingency fee agreement, and cannot modify that agreement mid-representation wit…
Can lawyers form a company that prepares and places legal public-notice ads and sell those services to their own clients?
Yes, if the lawyers comply with Rules 1.7(b) and 1.8(a) for business transactions with clients, disclose their financial interest and get consent, rebut the presumption of undue influence, and keep pu…
Can a lawyer run a pay-per-call prerecorded legal information line and co-own the venture with a non-lawyer?
The opinion concluded a prerecorded paid legal-information line is not per se improper if the ad complies with the advertising rules, fees for preparing the recording may be shared with a non-lawyer, …
Can a lawyer accept referrals from, work for, or serve as an officer of a for-profit lawyer referral service?
No. The opinion concluded a lawyer may not participate or assist in any way in a business operating as a for-profit lawyer referral service, especially one that solicits cases by methods a lawyer coul…
Can a lawyer take an ongoing cut of an investment advisor's fee for referring a client to that advisor?
Not as a legal fee, and only as a business transaction if the lawyer rebuts the presumption of undue influence by showing a fair deal, full disclosure, and the client's chance to get independent advic…
What must a multi-state law firm's New York letterhead and business cards disclose about which lawyers are admitted in New York?
The opinion concluded that a firm's New York letterhead need not name its individual lawyers or a supervising partner, but for any named lawyer carrying a New York address who is not admitted in New Y…
How do the advertising, fee-sharing, and confidentiality rules apply to a law firm's website, online services, and email?
The opinion concluded a firm need not file its website with disciplinary authorities but should keep a copy about a year; may not pay its internet provider a share of fees earned; may not offer online…
If one lawyer in a California firm received material confidential information from a former client, may another lawyer in the same firm accept a representation adverse to that former client without obtaining the former client's informed written consent?
Per California Formal Opinion 1998-152, the second lawyer is not subject to discipline under former Rule 3-310(E) because the rule references the individual 'member', not the firm; the imputed-knowled…
Can a law firm use a trade name like '[Field] Law Center' in Washington?
The committee concluded that the trade name '[field of practice] Law Center' does not violate RPC 7.5(a) if it is used in conjunction with a law practice of the nature described by the inquiring lawye…
Can a lawyer accept a referral fee from an investment firm for sending clients to it?
The committee concluded that an arrangement paying the lawyer a fee based on referred clients' investments may violate several rules, including RPC 1.6, 1.7(b), 1.8(a), 1.8(f), 1.8(h), and 2.1, and sa…
Is a lawyer required to report another lawyer's misconduct to the bar in Washington?
The committee declined to address the hypothetical, because it could only arise in pending litigation (on which the committee does not comment) and because it does not opine on the ethics of lawyers o…
Can a lawyer disclose that a former client who is a personal representative may be breaching fiduciary duties to the estate?
The committee concluded that RPC 1.6 prevents disclosure to the beneficiary unless the lawyer's belief that the personal representative intends to commit a crime or breach a fiduciary duty has a suffi…
Can outside IT staff maintain a law office computer network that holds client confidences without client consent?
The committee concluded that letting an outside agency's technical personnel access a shared network for maintenance is permissible under RPC 1.6 without client consent, as long as those personnel are…
Can a law firm use a trade name that includes its field of practice in Washington?
The committee concluded that the trade name 'All American [field of practice] Service' does not imply specialization but simply states an area of law the firm practices, and that this is consistent wi…
Can a lawyer send a self-published lawyer-liability newsletter to judges they appear before?
The committee concluded that sending the proposed newsletter to judges and justices should be allowed, assuming the lawyer is careful to comply with RPC 1.6 (confidentiality) and RPC 3.5 (ex parte com…
Must a lawyer disclose a prior relationship with the judge or court commissioner hearing the case?
The committee concluded the Rules of Professional Conduct do not address a lawyer's disclosure of a prior relationship with a judge or court commissioner. The issue is governed by the Code of Judicial…
Is there a conflict when a lawyer represents a city whose part-time mayor is an opposing lawyer in the lawyer's other cases?
The committee concluded it depends on whether the relationship adversely affects the lawyer's ability to represent both the city and the other clients. If it does not, there is no conflict under RPC 1…
Can a Washington lawyer advertise in a free community 'address book' mailed to households?
The committee concluded the proposed marketing program does not violate RPC 7.2 or 7.3, provided the advertisement is not false or misleading under RPC 7.1, the lawyer complies with RPC 7.2(b) and (d)…
Can a prosecutor bid on a public defender contract that begins after their term ends?
The committee concluded it is impermissible under RPC 1.7 for a prosecuting attorney to bid on a public defender contract, even one to take effect after the prosecutor's term of office has ended. It o…
Does a nonrefundable flat fee have to go in the client trust account in Washington?
The committee concluded that an advance fee deposit must be placed in trust, while a retainer paid to secure the lawyer's availability is earned at the time of receipt and is not. A nonrefundable fee …
Can independent lawyers share office space and support staff under a common lease in Washington?
The committee concluded the arrangement is not prohibited by the Rules of Professional Conduct, but lawyers who share staff must preserve each client's confidences and secrets under RPC 1.6, and all t…
Can a lawyer rent office space from a nonlawyer business owned by her spouse?
The committee concluded that the proposed arrangement of renting office space from the lawyer's husband's vocational rehabilitation firm satisfies RPC 1.6, 1.7, and 7.3, provided the lawyer takes the …
If someone calls wanting to hire you to sue an existing client, can you take the case or reveal what they told you?
The committee concluded that the lawyer is precluded by RPC 1.6(a) from disclosing the prospective client's paternity allegation, must decline to represent the prospective client in the paternity acti…
Can a lawyer give a third party a copy of an expert's deposition transcript that contains the client's confidences?
The committee concluded that a lawyer may not, without the client's consent, provide a copy of a deposition transcript to a third party not involved in the matter if the deposition contains the client…
Can a part-time city prosecutor also represent private criminal defendants in the same court?
The committee concluded that a part-time city prosecutor who also represents private criminal clients in the same courts has a conflict of interest, directed the inquirer to Formal Opinion 161, and st…
Can a lawyer set up a nationwide internet law firm with members in every state under a trade name?
The committee concluded that specific portions of the proposed nationwide Internet law firm are not in compliance with the RPCs, flagging problems with the firm's trade name (RPC 7.5), members in ever…
Can a lawyer share a contingent fee with another lawyer from a different firm who earlier handled the matter?
The committee concluded that the proposed fee sharing does not appear improper if the portion paid to the other lawyer is proportional to the services that lawyer provided to the estate, the client is…
Can a licensed lawyer own stock in a law firm professional services corporation without being an employee or a practicing shareholder?
The committee declined to answer the share-purchase question as a legal one, but stated that there do not appear to be any Rules of Professional Conduct that prohibit a duly licensed lawyer from ownin…
Can a legal-services program cap the hours a volunteer lawyer spends on a pro bono case and let the lawyer withdraw when the hours run out?
The committee concluded that a legal-services program's proposal to assign volunteer attorneys an average number of pro bono hours and to permit withdrawal once those hours are used, before the case i…
Can a lawyer charge earned fees to a client's credit card if the client authorized it in the engagement letter?
The committee concluded that a lawyer may charge legal fees and costs to a client's credit card sixty days after billing, where the client authorized the charge in the engagement letter, assuming 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.