Legal Ethics Opinions
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Can a lawyer who represents a minority shareholder also represent that client's daughter in her divorce from the company's president?
The committee concluded the representation would not violate Rule 1.7 on the facts presented: nothing showed the interests of the client and her daughter were directly adverse or that the lawyer's dut…
Can a lawyer hire a current client (a building contractor the lawyer represents in a divorce) to build the lawyer's own house?
The committee concluded the lawyer may contract with the client to build the lawyer's home if the lawyer satisfies Rule 1.8(a): the transaction is fair and reasonable, all terms are fully disclosed in…
Must a South Carolina lawyer physically conduct the closing of South Carolina real estate inside the state, or can the lawyer close at an out-of-state office?
The committee concluded there is no ethical rule requiring a South Carolina lawyer to perform the closing of South Carolina real property within the state's boundaries, provided all legal requirements…
Can a South Carolina lawyer sue a corporation in tort for a new client when the lawyer once handled an unrelated collection matter for that corporation years earlier?
The committee concluded Rule 1.9 does not bar suing a former client on a wholly unrelated matter under the substantial-relationship test, but the lawyer must police himself, and clear retention and te…
When a lawyer leaves a firm and will not keep practicing, who must notify the clients she handled, and is the firm's failure to pay her wages an ethics issue?
The committee concluded the firm should send the promised notification and continue the representation, the departed lawyer should write clients herself if the firm does not, and the firm's unpaid-wag…
Can a lawyer who helped draft a wife's will later defend her husband's estate in a suit by the children over how the husband used a power of appointment from that will?
The committee concluded the lawyer should not defend the husband's estate, because his earlier work helping draft the first wife's will was substantially related to a suit claiming the husband wrongly…
Can a South Carolina law firm whose member is appointed to represent an indigent client or serve as a guardian ad litem contract with an outside lawyer to handle that appointed representation?
The committee concluded a firm does not violate Rule 6.2 merely by contracting with an outside lawyer to provide the appointed representation, as long as the appointed lawyer obtains court approval to…
Can a South Carolina lawyer buy a client's structured settlement on the same terms a settlement-purchasing company offered, without violating duties to the client?
The committee concluded the lawyer may purchase the client's structured settlement only by complying with Rule 1.8(a)'s strict business-transaction requirements, and the lawyer's other duties of loyal…
Can a South Carolina lawyer take a $125 fee from a mortgage company just to witness the borrowers' signing of loan documents when the company handles the rest of the closing?
The committee concluded the lawyer's limited role is a potential violation of Rule 5.5(b) if the mortgage company's handling of the closing constitutes the unauthorized practice of law, a question onl…
When a bench warrant is out for a client who is coming in to consult, does a South Carolina lawyer have to notify the authorities of the client's anticipated whereabouts?
The committee concluded the lawyer has no affirmative duty to reveal the client's whereabouts to the tribunal absent the client's intent to commit a criminal act, because Rule 1.6 confidentiality cont…
Can an insurance-defense firm send its detailed legal bills to the insurer's outside auditing company, and can it let that auditor review bills from its other, unrelated clients?
The committee concluded the firm may send the insurer's bills directly to the outside auditor only with the informed consent of both the insurer and the insured under Rule 1.6, but it may not release …
Can a lawyer offer discounted services to companies' employees and have the companies promote her, and can a lawyer pay an admin fee to a prepaid legal plan?
The committee concluded that using discounted fees to get businesses to solicit their employees violated the rule against paying others to solicit, but that paying a modest administrative fee to an in…
Can a South Carolina lawyer draft a condo sales contract that charges buyers a $250 fee waived only if they use the seller's lawyer to close, and then represent those buyers?
The committee concluded drafting the contract and representing the buyers is not unethical: it found no statute making the inducement criminal under Rule 8.4 and no direct solicitation under Rule 7.3,…
Can a South Carolina lawyer represent a wife in her divorce when the lawyer previously represented the husband in a child custody matter and an accident case?
The committee concluded the lawyer is barred under Rule 1.9(a) only if the divorce is substantially related to the prior representation of the husband, a fact question for the lawyer; if it is, only t…
In a child-abuse case, can a parent's lawyer talk to the minor child who comes in wanting to recant, when the child has a guardian ad litem but no separate lawyer?
The committee concluded the child must be treated as represented through the guardian ad litem and the Children's Code, so under Rule 4.2 the parent's lawyer must notify and obtain the consent of the …
When a South Carolina lawyer learns after trial that the client and a witness committed perjury, must the lawyer act, and may the lawyer tell the insurer or law enforcement?
The committee concluded the lawyer must inquire and, if satisfied false testimony was given, urge the client to correct it and otherwise disclose to the court under Rule 3.3 until the proceeding concl…
Must a former South Carolina solicitor get the State's consent before representing a criminal defendant who was indicted during the solicitor's term, even if the solicitor's role in that case was minimal?
The committee concluded that because all indictments during the former solicitor's term were approved under his supervision, a Rule 1.11 conflict arises even where his involvement was minimal, but the…
When a lawyer represents herself in a case, can she contact the opposing party directly if she knows that party has a lawyer?
The committee concluded that the no-contact rule applied to a lawyer appearing pro se, so she could not communicate directly with a represented adverse party without that party's counsel's consent.
Is Georgia Formal Advisory Opinion 97-1 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 97-1, 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 South Carolina lawyer transmit confidential client communications by email over private, commercial, or Internet networks?
The committee concluded email carries a reasonable expectation of privacy and its use does not waive confidentiality under Rule 1.6, while noting a lawyer still owes reasonable care and may discuss op…
Can a South Carolina lawyer give a second opinion to someone the lawyer knows is represented by another lawyer in the same matter, without the first lawyer's consent?
The committee concluded a lawyer may discuss a pending matter and give a second opinion to a person represented by another lawyer without that lawyer's consent, but must qualify any opinion that requi…
Can a South Carolina lawyer send direct-mail solicitations to companies and seminar attendees not known to need legal services, and which Rule 7.3 notice and filing requirements apply?
The committee concluded the lawyer may send direct-mail solicitations and brochures to companies and seminar attendees not known to need legal services; only solicitations to prospective clients known…
Does having an interpreter, counselor, or parent present during a client interview destroy the lawyer's duty of confidentiality?
No. The opinion concluded that ER 1.6's confidentiality duty is broad and unaffected by the presence of an interpreter, advocate, or parent who facilitates communication; whether their presence waives…
If a South Carolina lawyer cannot reach opposing counsel to continue a hearing that conflicts with a trial, can the lawyer take the case only on the condition that the hearing is continued?
The committee concluded the lawyer may take the case only on the condition that the hearing be continued; the lawyer cannot accept the case and leave the client unrepresented at the hearing, and canno…
Can a South Carolina lawyer serve as an arbitrator or mediator in a dispute where the lawyer's own firm represents one of the parties, and can the parties' consent cure that conflict?
The committee concluded a lawyer may not serve as an intermediary in a matter where the lawyer's firm appears as counsel for a participant, whether the lawyer is a partner or an associate, and the con…
Can a corporation offer legal services to its customers through its own in-house lawyers, and can a lawyer help it do so?
No. A management-services corporation that provides legal services to outside customers through its in-house lawyers engages in the unauthorized practice of law, and a lawyer who helps it do so acts i…
Can a South Carolina law firm pay paralegals a bonus calculated as a percentage of the amount each paralegal billed to clients?
The committee concluded a firm may pay paralegals a bonus based on amounts billed to clients as a permitted profit-sharing arrangement under Rule 5.4(a)(3), so long as the amounts billed remain reason…
When a client's health insurer has a subrogation claim against a personal injury settlement, can the lawyer disburse all the proceeds to the client?
No. The opinion concluded that a FEHBA plan's contractual subrogation language gives the insurer an interest in the settlement proceeds under ER 1.15(b), so the lawyer must notify the plan and deliver…
Can a lawyer hire someone to hand out brochures and sign up injury clients in person?
No. In-person solicitation of prospective clients for the lawyer's pecuniary gain is improper whether the lawyer does it personally or through an employee or other representative.
Can a South Carolina lawyer let a real estate seller pay the lawyer's fee for buyers who use the lawyer's firm to close, and recommend that arrangement to developer clients?
The committee concluded the seller may pay the lawyer's fee if the lawyer satisfies Rule 1.8(f) (client consent after consultation, no interference with independent judgment, confidentiality), avoids …
Can a lawyer give a client's name to a bank as a sales lead, and can in-house counsel pressure outside firms into handing over referral lists?
Only with client consent: a lawyer may not pass client names to a bank for marketing without the clients' permission, and in-house counsel may ask outside firms for referral names but may not coerce t…
If I take over a client's matter from a lawyer who stepped away due to illness, must I tell the client when that lawyer returns to practice?
No. The successor lawyer owes no duty to the client or the referring lawyer to report the referring lawyer's recovery and return, though the lawyer must answer the client's direct questions and keep t…
May an Illinois lawyer email clients without encryption, and do the solicitation rules apply to a law firm web site?
Yes, unencrypted email (including over the Internet) does not violate confidentiality absent unusual circumstances. A passive web site is advertising, not solicitation, but targeted online messages tr…
After a client fires me and hires new counsel, can I call the client directly to protect my fee or win the case back?
No. A discharged lawyer may not contact the now-represented former client to pursue fees or recapture the case, and false or comparative statements in doing so violate the advertising and solicitation…
Can an Illinois firm advertise that it 'specializes' in a field, and can it farm work out to outside lawyers without telling the client?
A firm may say it 'concentrates' in a field but may not claim to 'specialize,' and it may not delegate the matter to lawyers outside the firm without the client's disclosure and consent.
Can a lawyer who once worked for a state child-welfare agency as a non-lawyer supervisor now represent clients in juvenile court against that agency?
Yes, if the lawyer did not personally and substantially participate in the same matter while at the agency and holds no confidential government information that could be used against the agency or an …
Can a lawyer advertise past jury verdicts, damage awards, or client testimonials, and what disclaimer is needed?
The committee concluded that advertising specific results, such as jury verdicts or damage awards, does not comply with RPC 7.1(b) even if true unless it carries an equally prominent disclaimer tellin…
When discovery sanctions are sought (or awarded) against a California lawyer and the client jointly, what must the lawyer do to satisfy the duties to inform the client, oppose the motion, and (where necessary) withdraw?
Per California Formal Opinion 1997-151, a motion for discovery sanctions against the lawyer and client is ordinarily a significant development the lawyer must communicate under former Rule 3-500; an o…
When California lawyers share office space, staff, or facilities without forming a law firm, what must they do to comply with their ethics duties regarding the public and client confidentiality?
Per California Formal Opinion 1997-150, office-sharing or staff-sharing attorneys must take reasonable steps under the circumstances to ensure clients and potential clients are not deceived, misled, o…
May a California lawyer pay a non-expert witness for time spent preparing for a deposition or trial, even when preparation does not cause a loss of income?
Per California Formal Opinion 1997-149, a lawyer may pay a non-expert witness for time spent preparing for a deposition or trial, but must comply with former Rule 5-310(B). Compensation for preparatio…
If a California lawyer prepares living-trust documents that a non-lawyer marketer sells to the public through seminars, with the marketer steering every prospect toward a living trust and controlling the engagement, what California ethics rules does the lawyer violate?
Per California Formal Opinion 1997-148, when a lawyer permits a non-lawyer who markets living-trust packages to hold out to the public that the lawyer will prepare the documents, while letting the mar…
Can a lawyer charge a contingent-fee client interest on litigation expenses the lawyer advanced and financed by a bank loan?
Yes, with limits. The opinion concluded a lawyer may charge a client interest on advanced litigation expenses to recover the lawyer's own bank borrowing cost, so long as the interest does not exceed w…
Must a Washington lawyer who receives more than $10,000 in cash from a client disclose the client's identity on IRS Form 8300?
The committee concluded the lawyer must file Form 8300 as federal law requires, but where the client's identity is confidential under RPC 1.6 the lawyer must omit the identifying information, inform t…
Can a lawyer who rents office space from a law firm represent a client adverse to one of that firm's clients?
The committee concluded the RPCs do not prohibit a tenant lawyer from representing clients adverse to the landlord firm's clients, provided the businesses are separate, the tenant exercises caution to…
Can a firm keep a non-partner's name in the firm name on its letterhead, and may that lawyer instead be listed 'of counsel'?
The committee concluded it is improper to keep a non-partner's name in the firm name on the masthead letterhead, but that it is not improper to list the lawyer as 'of counsel' where he continues to wo…
Can a part-time tribal court judge also represent litigants in that same tribal court?
The committee concluded RPC 1.12 does not prohibit a part-time tribal court judge, at trial or on appeal, from representing a litigant in the court in which the judge sat, so long as the matter is tot…
Can a lawyer for a nonprofit meet with potential donors about wills and charitable trusts benefiting the nonprofit?
The committee saw no impropriety under the RPCs where the lawyer would represent only the nonprofit, meet potential donors only in the presence of their separate counsel, and disclaim any representati…
Can a lawyer use the Vietnamese word 'chuyĂŞn' in advertising, given its meaning as a claim of specialization?
The committee concluded that use of the Vietnamese word 'chuyĂŞn' in lawyer advertising is a violation of RPC 7.4, based on a language expert's interpretation of the word.
Can a lawyer run an advertisement comparing the lawyer's services to a named competitor's practice of not filling out clients' forms?
The committee concluded the proposed immigration advertisement would mislead prospective clients in violation of RPC 7.2(a) because it omits material facts, and that statements about a competitor's pr…
Should the state bar endorse a private group's legal hotline or lawyer referral program?
The committee unanimously concluded the WSBA should not endorse private groups in lawyer referral programs, stating the concept as presented violates RPC 8.4(c) and would place the WSBA in the positio…
Must a lawyer withdraw from a civil case when the lawyer's partner was briefly appointed to defend the opposing party but withdrew immediately?
The committee concluded the inquiring lawyer is not required to withdraw from representing the civil plaintiff, assuming no confidences or secrets within the meaning of RPC 1.6(a) were received by the…
Does a criminal defense lawyer have a conflict of interest when the lawyer's domestic partner is a deputy prosecuting attorney?
The committee did not issue a fresh analysis; it concluded that its previous Opinions 1555 and 1574 provide the answer to the question of a criminal defense lawyer whose domestic partner is a deputy p…
Can a bankruptcy lawyer withdraw when the debtor cannot pay, and must the lawyer continue after a Chapter 11 case converts to Chapter 7?
The committee concluded a bankruptcy lawyer may withdraw when there is no means for the debtor to pay fees and need not continue representing a Chapter 11 debtor in possession when the matter is conve…
Can a lawyer send clients a letter reserving the right to destroy their file if they do not pick it up within two weeks?
The committee concluded that it is a violation of RPC 1.15(d) to send the proposed letter reserving the right to destroy a client's file if it is not claimed within two weeks.
Can a lawyer advertise a family law 'divorce and custody survival' seminar aimed at prospective litigants?
The committee concluded that, to the extent the advertisement contains only factually accurate statements with appropriate disclaimers, it is not necessarily in violation of the Rules.
What should a lawyer do after receiving confidential deposition transcripts that were not meant for the lawyer?
The committee concluded the Rules of Professional Conduct do not address the receipt of misdirected confidential documents and, given the lack of guidance and the lack of consensus in other jurisdicti…
Can a former deputy prosecutor handle a criminal defense appeal in a case that was pending in his old office, if he never worked on it personally?
The committee concluded there is no RPC violation as long as the lawyer complies with RPC 1.7(b); RPC 1.11(b) and 1.9(a) are not violated so long as the lawyer did not participate personally and subst…
After two firms merge, can they keep operating under their two former names, and must they notify the merged-in firm's clients?
The committee concluded that, on the facts presented, the merged firms' continued use of two separate firm names is misleading under RPC 7.1(a) and 7.5(a); there is no separate requirement to send for…
Can a lawyer participate in a group legal marketing program (Lawstar) that gives subscribers free or reduced-fee legal services?
The committee reviewed the inquiry about the Lawstar program and determined that its previous Opinion 1681, addressing such group legal marketing programs under RPC 7.2(c), continues to be valid.
Is it fee splitting for a lawyer to pay an independent paralegal a flat fee that is then billed to the client as a cost?
The committee concluded that paying an independent paralegal a flat fee as part of the compensation for case work is not prohibited fee splitting with a nonlawyer, provided the lawyer makes reasonable…
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.