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 endorse or contribute to a sitting judge's reelection campaign while the lawyer has cases pending before that judge?
The committee found no Rule of Professional Conduct that forbids contributing to a sitting judge's campaign or publicly endorsing the judge's reelection while the lawyer has cases pending before the j…
Can a lawyer take estate-planning referrals from an insurance agent and let the agent pay the lawyer's fee?
The committee (which was split) said a lawyer may accept fees from, or be reimbursed through, an insurance agent for preparing a client's trust and will only if the lawyer keeps independent profession…
Can a lawyer lend a client money to fund a settlement, or arrange for a friend to make that loan?
The committee concluded that lending a client money to fund a settlement violates RPC 1.8(e) and 1.8(j) and cannot be waived; arranging for a friend to make the loan is not an RPC 1.8(e) conflict but …
If a licensed lawyer worked as a paralegal for a company, can the lawyer join a firm that sues that company?
The opinion concluded that the transferring-lawyer conflict rules apply because the inquirer is now a lawyer, so the lawyer may not use the former employer's protected information against it and the n…
In Tennessee, does a lawyer's duty to protect client confidences prevail over a duty to disclose the client's fraud or perjury?
Formal Ethics Opinion 96-F-133(a) reported that the Tennessee Supreme Court rejected a proposed amendment to DR 7-102(B)(1) that would have required lawyers to disclose privileged information of a cli…
Can a lawyer's engagement letter require an individual client to arbitrate future fee, malpractice, or ethics-misconduct disputes?
The opinion concluded that an engagement letter with an individual client should not require the client to prospectively agree to arbitrate fee disputes, malpractice disputes, or ethical-misconduct di…
May Alabama lawyers practice law through a registered limited liability partnership, either as members or as employees?
Yes. The opinion concluded Alabama lawyers may form a limited liability partnership with other lawyers or professional corporations to practice law, as long as each lawyer remains ethically responsibl…
Can a lawyer take referrals from and be employed part-time by a non-lawyer company that pays the lawyer's fees for its customers?
No. The opinion concluded that the proposed arrangement, in which a non-lawyer tax-resolution company would employ a bankruptcy lawyer part-time, refer its customers to him, and pay his fees, potentia…
Can a lawyer report a client's unpaid bill to a credit bureau to pressure the client into paying?
The opinion concluded that a lawyer may not report a client's delinquent account to a credit bureau, because the status of the account is a client secret and the report is not necessary to collect the…
After my client discharged me, its asset manager asked me to retrieve and hand over my files for new counsel. May I bill for the time to prepare the files for transfer, and may I file an attorney's lien for my work on the accounts I never collected?
The Panel concluded the discharged attorney may not charge for time or costs in preparing the client's files for transfer, but is entitled to file an attorney's lien for the reasonable value of servic…
My client died while I was handling her divorce, and lawyers for her estranged spouse and her child now want documents from her file for a will contest. Does my duty of confidentiality survive her death, and may I disclose?
The Panel concluded the lawyer's duty of confidentiality under Rule 1.6 continues after the client's death, so the lawyer may not disclose information relating to the representation; if a court orders…
I held money a client advanced for an arbitrator's fee in my trust account, then the client fired me before the arbitration ended and the arbitrator hasn't billed. Do I pay the arbitrator or return the money to the client?
The Panel concluded the lawyer must return to the client the funds exceeding the arbitrator's actual fee, may pay the arbitrator only with the client's authority, and if the client withholds authority…
My partner previously advised municipal investigators while he worked at the attorney general's office. Our firm now has a municipal review that covers that investigation. Can I keep the matter if my partner is screened?
The Panel concluded the inquiring attorney may continue to represent the municipality if he complies with Rule 1.11(a)'s screening and notice requirements as to his partner; the partner, having person…
A trade organization's president wants to send members a letter announcing that my discounted legal services are available to them. Must that letter comply with Rule 7.3's direct-solicitation requirements?
The Panel concluded the president's letter is a direct written solicitation on the inquiring attorney's behalf, whether or not it describes the attorney's services, fees, or experience, and therefore …
I believe two former government attorneys, now partners in private practice, have violated the revolving-door rule (1.11(a)). Am I required under Rule 8.3 to report them?
The Panel concluded the inquiring attorney is not required to report the two attorneys' alleged Rule 1.11(a) violation unless he subjectively determines it raises a substantial question as to their ho…
I am a lawyer and also the real estate broker for a client. May I serve as the attorney for a buyer or seller in a real estate transaction in which I am also that person's broker?
The Panel concluded the Rules of Professional Conduct do not permit a lawyer to serve as the attorney for a buyer or seller in a real estate transaction in which the lawyer is also that individual's r…
I want an employer to hand its employees a notice and fee schedule offering my legal services, plus an employment-verification form. Must the notice and the form comply with Rule 7.3's advertising requirements?
The Panel concluded the employer's notice and attached fee schedule must comply with Rule 7.3 (marked 'advertisement' and filed with Disciplinary Counsel), but the employee verification form need not;…
As a state agency staff attorney suing a third party on an assigned benefits claim, I got court-ordered medical test results, and the individual now wants to drop the case and forbids me to reveal them. Must I disclose the results to the court or third party?
The Panel concluded the attorney must preserve the individual's confidences under Rule 1.6 and may not reveal the test results to the third party or the court, and may no longer pursue the action beca…
I do estate planning and just got licensed to sell life, accident, and health insurance. May I sell insurance to my law clients, and may I provide estate planning to my insurance customers?
The Panel concluded the attorney may not sell insurance to estate planning law clients and may not provide estate planning legal services to insurance customers, because a nonwaivable conflict under R…
Can a lawyer represent an injured minor through a parent as next friend when the parent has an adverse or competing claim from the same accident?
The opinion concluded the lawyer may presume a parent acts in the child's best interest, but must withdraw or seek a guardian ad litem once the parent's own claim or conduct creates a conflict the par…
Can a prosecutor's office run a pro bono program staffed by its own lawyers, and label those appearances as the prosecutor's office?
The opinion concluded a prosecutor may establish a pro bono program for office lawyers, but each lawyer must independently check for conflicts under MRPC 1.7, 1.9, and 1.11, and it is misleading to la…
In Kentucky, may a lawyer pay an expert witness, or a litigation-support service, on a contingent-fee or success-bonus basis?
No for expert testimony. The opinion concluded a lawyer may not present testimony from an expert paid on a contingent or bonus basis, nor enter arrangements that split legal fees with a nonlawyer; oth…
Can a lawyer volunteer for the D.C. Corporation Counsel while also representing private clients against the City, and oppose the same agency she works for?
The opinion concluded that, under the Rules of Professional Conduct, a lawyer may volunteer for the D.C. Corporation Counsel and continue representing private clients against the City, subject to Rule…
Do a state's lawyer-advertising and solicitation rules apply to a lawyer's web page, online postings, and email?
Yes. The opinion concluded that the advertising and solicitation rules focus on the content of advertising, not the means, so any information a lawyer makes available about the lawyer or the lawyer's …
Can a North Carolina lawyer advertise legal services on a website, and what must the site disclose about licensure, specialty, and record retention?
Yes. A website is public-media advertising, so the listing must be truthful and not misleading, disclose the jurisdictions where the firm's lawyers are licensed and the principal office location, and …
Can a North Carolina estate planning firm employ a financial planner to serve its clients and offer financial products, and on what terms?
Yes. A firm may employ a nonlawyer financial advisor, but the advisor may not own an interest in the firm or share legal fees, must be supervised, and cannot be held out as offering legal services. To…
Can a North Carolina lawyer charge a hybrid fee, a minimum hourly or flat fee plus a contingent fee on any recovery?
Yes, a combined minimum (hourly or flat) plus contingent fee is permitted as long as the total fee actually charged is not clearly excessive. The lawyer should explain how the fee is calculated, give …
Can a North Carolina law firm scan a client's paper file into electronic format and destroy the paper originals before the retention period ends?
Yes, a firm may convert paper documents to electronic storage and destroy the paper file, provided original documents with independent legal significance (wills, contracts, stock certificates) are cul…
Can a North Carolina lawyer collect a one-third contingent fee on the gross recovery and an additional contingent fee for recovering the medical insurer's reimbursement claim?
The opinion did not decide whether a fee for collecting the insurer's claim is allowed by law, but cautioned that adding it to the one-third contingent fee may make the total clearly excessive. The la…
Can a lawyer serve as a party-chosen arbitrator in one uninsured-motorist case while advocating for clients in similar arbitrations against the same insurer?
The opinion concluded that, absent facts showing a conflict relating to the specific matter that would prevent the lawyer from acting fairly and in good faith, the lawyer is not ethically barred from …
Can a North Carolina closing lawyer disburse immediately from the trust account against a mortgage proceeds check that a private agreement treats as 'certified'?
The committee did not issue a separate ethics holding on the agreement; it referred lawyers to the Good Funds Settlement Act, G.S. 45A-1 et seq., effective October 1, 1996, and to RPC 191 as amended, …
Can a law firm that represents local law enforcement agencies on civil matters also do criminal defense work in the same county?
The opinion concluded that a firm representing local law enforcement on civil and administrative matters is not per se barred from criminal defense work in the same county; whether dual representation…
Can a magistrate running for judge use the title 'magistrate' and wear a judicial robe in campaign advertisements?
The opinion concluded that a magistrate who is a judicial candidate may truthfully use the title 'magistrate' (and must identify the court division served), but may not wear a judicial robe in a campa…
Can a judge or judicial candidate use judicial campaign funds to buy a ticket to another candidate's fundraiser?
The opinion concluded that buying a ticket to another candidate's fund raiser is a contribution to that candidate, not a campaign expenditure, so a judge or judicial candidate could not use judicial c…
Can a lawyer agree to be responsible for all of a client's litigation costs even if the client recovers?
The opinion concluded that an attorney could not unconditionally agree to be responsible for a client's litigation costs; Rule 4-1.8(e) permits advancing costs for a non-indigent client but contemplat…
Can a law firm give employers brochures and a discounted fee schedule to pass on to their employees?
Yes. The opinion concluded that a firm may give employers promotional materials and a discounted fee offer for their employees without violating ER 7.1, so long as employers are not paid to recommend …
Can a New Jersey lawyer who drafts a client's will also serve as the executor of that will?
The Committee concluded that a lawyer who prepares a client's will may accept appointment as executor. Fiduciary commissions are payment earned for services rendered, not a 'substantial gift' barred b…
Can a public defender office represent co-defendants with conflicting interests by setting up a separated 'conflict counsel' office within the same agency?
Yes, if walled off. The opinion concluded that a public defender office is not automatically a single firm for conflicts, and a conflict-counsel office with separate files, systems, space, and autonom…
How did the 1995 amendments to Michigan's judicial-disqualification rule change prior ethics opinions, and when can parties waive a judge's disqualification?
Prior disqualification opinions must be reread against the amended MCR 2.003, and the new remittal procedure lets parties waive a judge's disqualification in every circumstance except personal bias or…
Could a Minnesota lawyer secretly record a conversation in connection with their practice?
Under this now-repealed opinion, it was professional misconduct for a lawyer, in connection with professional activities, to record a conversation without all parties' knowledge, subject to exceptions…
Must a public defender or court-appointed lawyer give an indigent client their file and pay for transcripts of court proceedings?
The opinion concluded that appointed counsel must, on request, give an indigent client the original or a copy of the client's file, but has no ethical duty to obtain or pay for transcripts of proceedi…
Can a lawyer require a client to sign a receipt or fee acknowledgment before handing over the client's file?
The opinion concluded that a lawyer discharged during a pending case may ask, but cannot require, the client to sign a receipt as a condition of releasing the file; once the case has concluded, the la…
If a lawyer tells a client the bill will be on a 'time basis,' can the lawyer add undisclosed administrative, originating-attorney, or value-billing charges?
The opinion concluded that when a client is told he will be billed on a 'time basis,' it violates the rules to add undisclosed charges (administrative or processing fees, originating-attorney levies, …
A business networking 'Leads Group' meets biweekly for breakfast so members can pass business opportunities to each other. May I, as a lawyer, join it without violating Rule 7.2(c) on paying for referrals?
The Panel concluded the attorney may join the group subject to limits: referring clients cannot be the sole purpose, the attorney cannot trade referrals with members, cannot solicit members, and canno…
I have retired and am on inactive status but still belong to the state bar association. May my letterhead say 'Attorney at Law (Retired),' 'Member of the Rhode Island Bar Association,' and list my academic degrees, and can I use 'J.D.' instead of the 'LL.B.' I earned?
The Panel concluded a retired lawyer may use 'Attorney at Law (Retired)' and list academic degrees on letterhead, but may not use 'Member of the Rhode Island Bar Association' because it misleadingly i…
I am going through my own divorce, and I just learned that opposing counsel in my client's divorce is the same lawyer representing my spouse against me. Does my personal interest materially limit my representation under Rule 1.7(b)?
The Panel concluded that under Rule 1.7(b), if the attorney reasonably believes the representation will not be adversely affected by his or her own interest and obtains the client's consent after full…
I represent the wife in an uncontested divorce, and the pro se husband keeps asking me for help. What can I do for him, if anything, without a conflict under Rule 1.7?
The Panel concluded the attorney may give the husband the standard DR-6A financial statement form and may draft a property settlement agreement on the client's behalf so long as no legal advice is ren…
I want to offer free senior-law seminars at senior centers and assisted living communities, and to promote them by phoning the facility directors. Is calling those directors a direct solicitation barred by Rule 7.3?
The Panel concluded the telephone contact does not violate Rule 7.3, because the directors are not the prospective clients (the individual senior attendees are), and the rule permits contacting an org…
Can a Maine lawyer agree, in a contingent fee contract, that the client will never be responsible for litigation disbursements regardless of outcome?
The opinion concluded yes; Bar Rule 3.7(d) lets a lawyer advance and guarantee litigation expenses without keeping the client ultimately liable, so a lawyer may agree to absorb the disbursements entir…
Can I write a fee agreement that pays me the greater of my full hourly fee or my usual contingent percentage of the recovery?
The Committee concluded that, absent very unusual circumstances, an arrangement paying the attorney the greater of a full reasonable hourly fee or a full reasonable contingent percentage appears to vi…
Are a government lawyer's telephone records confidential under Rule 1.05, or must they be released under the Texas Open Records Act?
The Committee concluded that a government lawyer's telephone records relating to client work are normally confidential information under Rule 1.05(a), and Rule 1.05(b) bars disclosure unless an except…
In Kentucky, may a claimant's lawyer contact an insured tortfeasor over the insurer's objection when no defense lawyer has been appointed for the insured?
Yes. The opinion concluded an insurance adjuster is not a lawyer for purposes of KRPC 4.2, so a claimant's lawyer needs no adjuster consent to contact an insured who is not represented by counsel, whi…
In Kentucky, may a corporation's lawyer contact a represented employee who is suing the corporation, without the employee's lawyer's consent?
No. The opinion concluded that Rule 4.2 applies to all lawyers, including corporate counsel, so counsel for the corporation may not contact an employee known to be represented in a matter against the …
Can an out-of-state law firm open an Arizona branch by hiring a local lawyer as an associate rather than a partner?
Yes. The opinion concluded that an out-of-state firm may open an Arizona branch through an Arizona-admitted associate (not a partner) if the associate has a bona fide employment relationship, is fully…
Can a law firm route its client billing through a bank that sends the invoices, without breaching client confidentiality?
Probably, but unwisely. The opinion concluded that with client consent a firm may use bank billing without violating Rule 1.6 only if the statements are sterilized of substantive information, detrimen…
Does a prosecutor have a conflict of interest when part of his fixed county salary is budgeted from a drug-forfeiture account he helps fill?
No. The opinion concluded that because the prosecutor's salary is fixed and not tied to forfeiture outcomes, the funding source does not create an impermissible personal interest under Rule 1.7(b), th…
Can a lawyer sign a form stating that he explained a release agreement to the client, and how far can such an attestation go?
The opinion concluded a lawyer may sign a limited form attesting that he carefully explained a release and that the client believes he understands it, but may not warrant the client's state of mind or…
Can a lawyer add extra wording to a direct-mail envelope beyond the required 'Advertisement' label, and can the required mailing list be filed on a computer disk?
No on both points. The opinion concluded that adding extraneous words to a direct-mail solicitation envelope violates the rule because it subverts the recipient's option to disregard a legal advertise…
Can a lawyer acting as a neutral mediator in a domestic dispute draft a document setting out the understanding the parties reached?
Yes. A lawyer serving as a neutral mediator may draft documents that memorialize the parties' understanding, provided the lawyer makes clear they represent neither party and gives unrepresented partie…
Can a lawyer who serves on a city council represent clients in that city's municipal court, in civil and in criminal cases?
The opinion concluded that a lawyer who is a city council member may represent civil clients in the municipal court if certain restrictions are heeded, but may not represent criminal defendants, priva…
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.