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 advertise by posting fliers around a venue?
The committee concluded that because RPC 7.2 authorizes advertising through written communication and a flier is a written communication, posting fliers is authorized, subject to compliance with the b…
Can a lawyer put a non-legal certification like 'CFE' (Certified Franchise Executive) on advertising materials?
The committee concluded that using the 'CFE' designation, particularly without clarification, would seem to violate RPC 7.1(a) and 7.4 because it omits the facts necessary to keep the statement from b…
If a lawyer claims to represent the opposing party but won't confirm it in writing, can you contact that party directly?
The committee concluded that whether a lawyer must disclose representative capacity is a substantive agency-law question outside its charter, but that the failure to provide information clarifying the…
Does a lawyer have to use caller-ID blocking to protect a client's confidentiality when calling from the office?
The committee concluded that the rules do not require any particular use of caller ID or caller blocking, but that where a client wants the fact of representation kept secret, the lawyer must use a me…
If a potential adversary leaves a detailed voicemail seeking to hire you to sue your existing client, what are your duties?
The committee concluded that whether a client-lawyer relationship formed with the caller is a legal question it could not answer, but that if no relationship formed the lawyer's duty to the caller is …
Can a firm put an 'of counsel' lawyer's name in the firm name if that lawyer was never a partner or member?
The committee concluded that a lawyer may not join his or her name with a firm unless the mutual intention is for the lawyer to serve as a member or partner under RPC 7.5(d), and that because the inqu…
Can a lawyer who prepared a client's power of attorney also represent the attorney-in-fact in a transaction affecting the client?
The committee concluded that the lawyer may not represent the agents if their interests are adverse to the client and the representation would adversely affect the client, unless the client gave an ap…
Can a law firm convert its contingent-fee security interest in a client's real property into an ownership interest while the judgment is on appeal?
The committee concluded that the transaction may be undertaken without necessarily violating the rules, but the lawyer must comply with RPC 1.8(a) for each transaction and with RPC 1.5(c); RPC 1.8(j) …
Can lawyers who share an office and a receptionist each represent different family members injured in the same accident?
The committee concluded that office-sharing lawyers may represent different family members injured in a common accident, provided they disclose to their clients under RPC 1.7(b) any material facts sug…
Can a lawyer hire a paralegal firm to run a branch law office, pay it from case recoveries, and advertise with the paralegal's photo?
The committee concluded that paying a paralegal a share of recoveries is an improper division of fees under RPC 5.4(a), that depending on the supervision the arrangement could be unauthorized practice…
Can a lawyer charge a contingent fee to appeal the property-division part of a divorce decree?
The committee concluded that RPC 1.5(d)(1) prohibits a contingent fee for the appeal of the portion of a dissolution decree that challenges the trial court's property settlement award, and that the ru…
Can a lawyer who sits on a hospital foundation board represent clients in matters involving that hospital?
The committee concluded that under RPC 1.7(b) the lawyer's foundation-board responsibilities may materially limit the representation by making the lawyer less aggressive, so RPC 1.7(b)(2) becomes mand…
If a letter from opposing counsel contains a secret about another of that lawyer's clients, can you forward it to your own client?
The committee concluded that RPC 1.6 governs the duty to protect client confidences and secrets, that a client's identity is ordinarily not privileged, and that a lawyer who wants to forward opposing …
When a lawyer turns down or refers a case because of a conflict and does no further work, can that lawyer still share in the contingent fee?
The committee concluded that RPC 1.5(e), together with RPC 1.8, does not allow a referring lawyer who has a conflict and will not continue to participate to share in the accepting lawyer's contingent …
If a criminal-defense investigator is married to a county forensic investigator working the same case, can the defense investigator work on it?
The committee concluded that, drawing on RPC 1.8(i) by analogy and reading it with RPC 1.7(b), the supervising lawyer must make reasonable efforts to keep the nonlawyer investigator off any case the i…
If a lawyer drafted a client's will, can that lawyer or the lawyer's firm later serve as the estate's personal representative and also act as its attorney?
The committee concluded that the Rules of Professional Conduct do not expressly prohibit a lawyer (or the lawyer's firm) who serves as an estate's personal representative from also acting as attorney …
Can a lawyer who set up nothing for an LLC represent the majority members and the LLC against a minority member?
The committee concluded that because the attorney had not been involved in creating the LLC and had not represented any of the members, RPC 1.7(a) and 1.9 do not prohibit representing the majority mem…
Must a lawyer who sets up a foreign entity for a client's fund transfer investigate the source of the client's funds?
The committee said it could not determine from the facts whether the duty of competent representation under RPC 1.1 requires the lawyer to inquire into the client's source of funds or potential claims…
Can a lawyer give the Department of Corrections the names of inmates the lawyer has contacted?
The committee concluded that providing the names of contacted inmates to the Department of Corrections is prohibited by RPC 1.6, absent the express consent of the client or a court order compelling di…
Can a lawyer put a clause in a fee agreement making it binding on the client's heirs?
The committee concluded that the proposed language making the fee agreement binding on the client's heirs is contrary to RPC 1.7(b), 1.8(a), and 1.8(j), and noted that a lawyer whose client dies durin…
How does a lawyer withdraw from representing a client who has acted against the interests of the lawyer's other clients?
The committee said the question is not within its scope because it is not a specific ethics inquiry, but noted in general that RPC 1.15(b)(3), 1.15(b)(4), and 1.15(d) apply to concluding the relations…
Which trust-account rules must a lawyer licensed in Washington and another state follow when the rules conflict?
The committee concluded that a dual-licensed Washington attorney must adhere to Washington trust-account procedures under RPC 1.14 whenever the Washington license is used to represent a client and rec…
Can the ethics committee say whether a statute criminalizing advice on asset transfers to qualify for benefits affects a lawyer's duties?
The committee declined to opine, explaining its procedural rules bar it from ruling on questions of law, including the validity, applicability, or constitutionality of the cited statute, and noting on…
What should a lawyer do when a divorce client disappears and the case is not finished?
The committee concluded the lawyer may withdraw if she complies with RPC 1.15, should make reasonable efforts to contact the client and notify her of the status under RPC 1.4(a), should retain the fil…
Can a firm sell its fee judgment against a former client to the opposing party in the litigation the firm handled?
The committee said assigning, for compensation, the firm's judgment against its former client to the defendant in the litigation in which the firm previously represented that client does not meet the …
Can two lawyers who are married to each other appear as opposing counsel?
The committee was of the opinion that, depending on the facts of each case, the spouse-lawyers must comply with RPC 1.7(b) and RPC 1.8(i), and that as to any confidences or secrets both must comply wi…
Can a lawyer charge both an hourly fee and, on top of it, a percentage of any recovery (a hybrid or modified contingent fee)?
The opinion concluded yes, in a case where a contingent fee is allowed, so long as the total fee is reasonable, which usually means a lower hourly rate, a lower contingency percentage, or both; crimin…
Can a lawyer take a one-third contingent fee for a conservatorship's insurance claim, with part of the fee paid from money recovered for the care facility, and should the facility also be a client?
Yes; the client is the conservatorship as an entity, the written contingent fee may include a share of the facility's recovery if the client consents, and the facility should not be a client because t…
If a lawyer might be a necessary trial witness about fees, is the lawyer barred from pre-trial work, and are the lawyer's associates disqualified from trying the case?
No; MRPC 3.7 reaches only acting as advocate at trial, so the lawyer may handle pre-trial matters, and under 3.7(b) the disqualification is not imputed to associates absent an independent 1.7 or 1.9 c…
My client, who is now applying for bar admission, stiffed me on our written fee agreement. Can I tell the Committee on Character and Fitness that the client defaulted on the fee?
The panel concluded that a client's failure to pay a lawyer's fee is information relating to the representation and may not be disclosed without the client's consent, so notifying the Committee on Cha…
Can a retired judge who can be recalled to the bench work as a paid legislative lobbyist for judges' associations?
The opinion concluded that a retired judge eligible for recall to judicial service may not serve as a paid legislative agent (lobbyist) for the Common Pleas Judges' Association and the Association of …
Can a lawyer agree to do all of a liability insurer's defense work for a fixed flat fee?
The opinion concluded that an attorney or firm may contract with a liability insurer to do its defense work for a fixed flat fee, but the fee must be reasonable and adequate, must not compromise indep…
Is a contract or temporary lawyer treated as an associate of every firm she works for when checking conflicts?
The opinion concluded that a lawyer who works on contract for more than one firm is treated as an associate of each firm for conflicts and confidentiality purposes, and so subject to imputed disqualif…
In an employment case where success might mean reinstatement rather than money, can a contingent fee be the greater of a percentage or an hourly fee, and can the percentage include interest, costs, and future benefits?
The opinion concluded yes on both. An alternative greater-of-percentage-or-hourly contingent fee is permitted, and the percentage may be applied to all amounts collected for the client (interest, cost…
Can a West Virginia lawyer participate in a prepaid legal services plan, and who is responsible for the plan's advertising?
A lawyer who participates in a prepaid legal services plan is ethically responsible for the plan's advertising and solicitation in West Virginia, and a plan that pays the lawyer nothing while charging…
When a partner leaves a law firm, can the firm keep her name in the firm name, even over her objection?
The opinion concluded that a firm may retain a withdrawing partner's name in the firm name, even over her objection, so long as the firm has the legal right to use the name (under the partnership agre…
When a lawyer serves as a court-program mediator, what conflicts check must the lawyer run, and must the results be disclosed to the parties?
The opinion concluded that Rule 1.7 requires a lawyer serving as a mediator to run a conflicts check on the immediate parties to the mediation, so that service as a neutral does not compromise the law…
If a firm gets confidential information from a would-be client but no engagement forms, can it later represent a different client in the same matter?
The opinion concluded that a firm that received confidential or secret information from a prospective class-action plaintiff (even where much of the material was publicly available, and even though no…
I saw records showing another lawyer wrote dozens of personal checks on a client trust account while a court had frozen the lawyer's assets. Do I have to report it to Disciplinary Counsel?
The panel concluded that if the inquiring attorney has knowledge that the other lawyer committed a rule violation raising a substantial question about honesty, trustworthiness, or fitness, Rule 8.3(a)…
I represent A on a personal injury claim and A's spouse B on a loss-of-consortium claim, but A and B are now divorcing and B may claim part of A's lost-wages recovery. Can I keep representing both, even with a signed conflict waiver?
The panel concluded that the lawyer could not represent both A and B, because the divorce gave B an interest in A's recovery that was directly adverse under Rule 1.7(a), and the representation of A wo…
Can a lawyer who regularly represents an adoption agency also represent the birthmother in the same consent or surrender-and-release adoption proceeding?
The opinion concluded the dual representation is not per se barred and is permissible with informed consent, even though a conflict exists, when the lawyer reasonably believes the birthmother can make…
Can a lawyer who is also a CPA practice both professions together and list both titles on legal letterhead?
The opinion concluded that a lawyer who is also an accountant may practice both professions, even from the same location and list both titles, only if the businesses are kept financially and operation…
Can a lawyer pay a witness, and can an expert witness's fee be contingent on the outcome?
A lawyer may pay an expert witness a reasonable and customary fee for preparing and giving expert testimony, but the fee may not be contingent on the outcome. A lawyer may not pay a fact witness for t…
Could a North Carolina lawyer for the employer privately contact the injured worker's treating physician, without the worker's or counsel's consent, in a workers' compensation case?
The opinion concluded the employer's lawyer could not contact the claimant's treating physician privately, without consent, citing North Carolina case law protecting patient privacy given the adequacy…
Can a North Carolina lawyer appear before a judge whom the lawyer is currently representing in the judge's own case?
The opinion concluded the lawyer may appear before a judge he represents if the disclosure-and-consent procedure of the Code of Judicial Conduct is followed; the lawyer must disclose the representatio…
Can a criminal defense lawyer interview the complaining witness without notice to or consent of the prosecutor?
The opinion concluded that a defense lawyer may contact a complaining witness ex parte because the witness is not the prosecutor's client, so MRPC 4.2 does not bar the contact; the lawyer must identif…
May a California law firm destroy office files of a deceased client when there is no preexisting agreement or statute governing disposition, and is notice to the legal representatives or residuary legatees required?
The opinion concluded that before destroying a deceased client's office files where no preexisting agreement or statute applies, the law firm must give or attempt to give notice to legal representativ…
Can a West Virginia lawyer use, or have a client use, an organization that obtains a medical expert under a contingency fee contract?
No. The opinion concluded that an arrangement where an organization obtains an expert under a contingent fee violates the literal language of West Virginia Rule 1.8(k), which bars contingent payment t…
Can a West Virginia law firm advertise under a trade name while doing business under a different name made up of the partners' names?
Only if it discloses both names. The opinion concluded that advertising under a trade name that conceals the firm's identity is materially misleading, so a law office must designate every firm and tra…
When can a judge form a campaign committee, and can it spend retained funds or recruit volunteers outside the fundraising window?
The opinion concluded that an incumbent judge may form a judicial campaign committee before the Canon 7(C)(4) fundraising window (becoming a 'judicial candidate' bound by Canon 7), the committee may s…
Can lawyers run an ancillary business that negotiates other businesses' legal fees down with the lawyers those businesses already hired?
The opinion concluded that it is improper for attorneys to form an ancillary business that negotiates legal fees between a business client and its retained counsel, because the business would improper…
I'm holding settlement money that both my client and a physician claim, and the disputed amount is small. Can I park it in a separate savings account, and do I have to file an interpleader action if they never settle?
The panel concluded that the lawyer may hold the disputed amount in a separate trust savings account pending resolution, and is not obligated to file an interpleader action; the lawyer must protect th…
The IRS is auditing me and wants my appointment book, which lists court dates and client meetings, to back up my deductions. Can I hand it over without violating Rule 1.6?
The panel concluded that Rule 1.6(b)(2) permits the lawyer to produce information to the extent necessary to support claimed deductions in the IRS audit, but the lawyer must limit the disclosure and a…
I once jointly represented a husband and wife in a narrow insurance complaint that has ended. Now the husband wants me to represent him in their divorce. Is the wife a former client, and can I take the case?
The panel concluded that the wife was a former client under Rule 1.9 and that the lawyer could represent the husband in the divorce, because the earlier insurance-complaint matter and the divorce were…
If I find out another lawyer at my firm gave a client clearly negligent advice, must I tell the client or report it to the State Bar?
The Committee concluded that an associate who discovers clearly negligent legal services by another firm lawyer must inform the firm's partners or shareholders; if he resigns before confirming the cli…
What must my firm do after discovering that a partner who recently joined lied about his degrees and law license?
The Committee concluded the firm must take reasonable remedial action: end the relationship with the unlicensed person (continuing it would assist the unauthorized practice of law under Rule 5.05), se…
Can I mail a non-personalized letter and videotape to an injured person I found in a newspaper article to solicit them as a client?
The Committee concluded that mailing a non-personalized letter and videotape to a prospective client whose identity came from a newspaper article, to obtain employment, is not prohibited if it satisfi…
Can a lawyer pay a fact witness for the time spent preparing for and giving testimony?
Yes. The opinion concluded that ER 3.4 does not bar paying a fact witness reasonable compensation for time spent preparing for or giving testimony, so long as the fee is not contingent on the outcome …
Does running a group pro se self-help divorce or custody clinic create a client-lawyer relationship with attendees, and does it conflict the legal-aid agency out of later representing a party against a former attendee?
No; with no confidential information taken and a signed agreement disavowing representation, no client-lawyer relationship forms, there is no conflict when a couple attends together, and the agency ma…
When a CEO privately asks a subordinate in-house lawyer for advice about firing the general counsel, may the lawyer give that advice, must the lawyer tell the general counsel, and must the lawyer alert the board?
The lawyer represents the corporation, so it may not share the CEO's confidence with the general counsel; it may advise the CEO if its judgment is not materially limited by self-interest; and on these…
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.