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 South Carolina lawyer collect a fee in a domestic case by suing on a note and foreclosing a mortgage given as security for the fee?
The committee concluded there is no general ethical bar to collecting a fee by suing on a note or foreclosing a mortgage given as security, but a lawyer may not take a security interest in property wh…
Can a former public defender, now in private practice, take a court appointment in a PCR matter for a defendant the PD office represented while the lawyer worked there?
The committee concluded automatic per se disqualification does not apply if there was sufficient separation of duties, caseload, and employees between the former public defender and the office's repre…
Can a South Carolina lawyer serving as conservator for a minor also act as the minor's attorney in a personal injury claim, even with court approval?
The committee concluded a lawyer appointed as conservator for a ward may not also act as the ward's attorney, even with court approval, because the dual role undermines the control system in Rules 1.2…
If a South Carolina lawyer sends a solicitation letter with a marketing videotape, must the required advertising disclaimers appear on both?
The committee concluded the Rule 7.3(c) requirements apply to both the letter and the videotape in a single marketing package, so the advertising-material label and the other required notices and disc…
Can a criminal defense lawyer attack a witness's credibility when that witness is the fiance of another client the lawyer currently represents?
The committee concluded the lawyer could not continue both representations: attacking the victim-witness in one case, who was the fiance of her client in the other, created a likely conflict that was …
Is Georgia Formal Advisory Opinion 96-2 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 96-2, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Does a legal services referral program create a conflict when it interviews both spouses in a divorce and refers each to a different panel attorney?
The committee concluded there is no conflict when a legal services program interviews a husband and wife separately and refers them to different, unrelated panel attorneys, so long as neither attorney…
Can a South Carolina lawyer set up and serve as trustee of a legal defense fund for a retired judge facing a grand jury investigation?
The committee concluded a lawyer with no attorney-client relationship to the judge and no role in his defense is not barred from establishing and serving as trustee of his legal defense fund; Rule 3.5…
Can a South Carolina lawyer hire an independent or freelance paralegal service and bill clients for its work?
The committee concluded a lawyer may employ an independent paralegal assistance service, including independent contractors, as long as the lawyer adequately supervises the work and remains responsible…
Can a South Carolina lawyer share office space and a secretary with a member of another profession?
The committee concluded that sharing offices with another profession does not by itself violate the Rules, but the lawyer must recognize that sharing offices and a secretary creates a potential for br…
Can a law firm employ a salaried nonlawyer marketing director to promote the firm and ask others to recommend it?
Yes. The opinion concluded that a firm may employ a salaried marketing director to carry out marketing a lawyer could do directly, because ER 7.1(j)'s bar on paying for recommendations targets referra…
Can a lawyer bring a malpractice suit against an attorney who is her trial co-counsel in the very same case where the alleged malpractice occurred?
The committee concluded the lawyer should not take on the malpractice suit, because suing her own co-counsel over work in the same pending case would create an adversarial relationship that would not …
Can a South Carolina lawyer pay a bail bondsman a fee to keep the lawyer's business cards or brochures in the bondsman's office?
The committee concluded a lawyer may not pay a bail bondsman a fee to place the lawyer's cards or brochures in the bondsman's office, because Rule 7.2(c) bars giving anything of value for recommending…
Can a South Carolina law firm have clients pre-authorize charges to their credit cards for legal fees?
The committee concluded a credit card pre-authorization policy is not prohibited by the Rules, subject to Rule 1.5(b)'s requirement to communicate the basis or rate of the fee and Rule 1.5(a)'s requir…
What can a lawyer admitted only in another state do at an Arizona firm while awaiting Arizona admission, and how must the firm supervise them?
The opinion concluded that for Arizona's rules a lawyer not yet admitted here is treated as a nonlawyer, so they may do what a supervised nonlawyer can (drafting, research, correspondence, meeting cli…
If parents who hired me for their injured child's injury claim tell me to limit the recovery, can I keep representing both?
The opinion concluded the lawyer cannot continue to represent both the parents and the minor child once the parents restrict the child's recovery, because the lawyer must exercise independent professi…
How does a South Carolina lawyer withdraw when the client stops responding, and can the lawyer recover fees with no signed contingency contract?
The committee concluded the lawyer could withdraw under Rule 1.16 by sending the client written notice with a reasonable deadline; with no signed contingency agreement (required in writing by Rule 1.5…
Can a personal-injury lawyer refer clients to a chiropractic clinic the lawyer owns an interest in?
The opinion strongly discouraged it. It concluded that referring an injury client to a clinic the lawyer owns creates substantial conflicts under ER 1.7(b) and a business transaction with the client u…
Can one lawyer represent both a renouncing spouse and a separate claimant against the same estate, and can a lawyer represent an executor who also owes the estate money?
The opinion concluded it may be improper to represent both a renouncing spouse and a claimant against the same estate, depending on the size of the claim, and that consent cannot cure the conflict if …
Can a South Carolina lawyer who owns a mortgage brokerage also serve as the closing attorney for borrowers the brokerage brings in?
The committee concluded Rule 7.3 bars a lawyer from forming business relationships through a mortgage brokerage and then soliciting those customers for legal work; a borrower who seeks counsel without…
After referring a passenger out for a conflict, can the original firm take a share of the passenger's new fee while still representing the driver?
No, not while it continues to represent the driver. The opinion concluded the firm had a non-waivable conflict because its stake in the passenger's recovery, ultimately borne by the driver through sub…
Can lawyers pay to practice under the name of a corporation like 'Real Estate Attorneys, Inc.' owned by a nonlawyer broker?
The opinion concluded that a lawyer's participation in a network of independent lawyers holding themselves out under the name of a nonlawyer-owned corporation violates the Rules in several ways, inclu…
Can a South Carolina lawyer list non-legal credentials like 'Master Mariner' or 'First Class Pilot' on the law firm letterhead?
The committee concluded the proposed letterhead may violate Rules 7.4(b) and 7.5 by improperly implying the lawyer is an expert, specialist, or authority in admiralty law without certification, and ma…
Must a public defender's office withdraw when a post-conviction client wants to claim ineffective assistance by another lawyer in the same office?
Yes, where the client has a colorable ineffective-assistance claim against a colleague, the office must withdraw because of the imputed conflict, but the timing depends on the facts; a frivolous or me…
If my client dies while a personal injury claim is pending, do I have to tell the opposing side and the court?
The opinion concluded a lawyer must make timely disclosure of a client's death in a pending personal injury matter, because silence is a false implied representation that the lawyer still has a living…
Can a South Carolina lawyer represent a homeowners association when the lawyer's spouse has a contract to manage that association?
The committee concluded the representation appears proper where no actual conflict yet exists, the lawyer can reasonably believe the representation will not be adversely affected by the marital relati…
Can West Virginia lawyers practice in a limited liability partnership or limited liability company without violating the malpractice-limitation rule?
Yes. The opinion concluded that Rule 1.8(h) addresses a lawyer's personal liability to a client, not the firm's liability as a whole, so a client need not be independently represented before hiring an…
Can a lawyer suing a homeowners' association contact ordinary members who cannot bind the association without the association's lawyer present?
Yes. The opinion concluded that general members who hold no managerial role and cannot bind or speak for the association are not represented parties under ER 4.2, so a lawyer may contact them directly…
Can a lawyer let a chiropractor offer patients a fee waiver if they hire that lawyer for their injury claim?
The opinion concluded that a lawyer who knows a health care provider is offering patients a fee deferral or waiver conditioned on retaining that lawyer, and acquiesces in it, violates the Rules, becau…
Can a South Carolina law firm advertise the year it was 'established' based on when its founding partner began practicing law?
The committee concluded a firm may state it was established when its founding partner began practicing, as long as the founding partner's name appears in the firm name and the practice has been a cont…
Can a lawyer acting as a divorce mediator draft a memorandum of understanding or court pleadings for the mediating parties?
The opinion concluded that ER 2.2 does not apply to a lawyer acting purely as a neutral mediator, and that the lawyer may draft a non-binding memorandum of understanding if full disclosure is made; th…
Can a lawyer hand out legal-rights pamphlets with the lawyer's name and number at public seminars and through community advocates?
The opinion concluded a lawyer may distribute printed legal-information materials bearing the lawyer's name at public seminars and through community advocates, so long as the materials name a lawyer r…
Can a lawyer charge a contingent fee to collect on a divorce judgment after the divorce is final?
The opinion concluded that a contingent fee agreement in post-judgment dissolution, collection, and bankruptcy proceedings is not improper if it is in writing and reasonable in amount, because Illinoi…
Can I sue a subsidiary of a corporation I already represent, in an unrelated matter, without my client's consent?
Often yes: a corporate affiliate is not automatically the lawyer's client, and indirect economic impact on the parent is not 'directly adverse' under Rule 1.7(a), though consent is needed where the af…
If my client lied on an indigency affidavit to get a public defender, can I tell the court?
Yes, and the lawyer may be required to: under Rule 3.3 the duty of candor to the tribunal can override confidentiality, so if the client will not rectify the fraud on the court, the lawyer may reveal …
Can opposing counsel threaten a disciplinary complaint for leverage, and can a lawyer contact a city's officials directly while the city's attorney represents it?
No to both: threatening an ARDC complaint to gain advantage in an ordinance prosecution violates the spirit of Rule 1.2(e), and a lawyer may not directly contact represented city officials about the p…
Can a law firm endorse and deposit a settlement or refund check made out to a client the firm cannot locate, and take its fee?
No. The opinion concluded that, absent a narrowly drawn power of attorney, a firm cannot negotiate a missing client's check or pay itself a fee, and must keep the check safe under Rule 1.15.
Must a lawyer who substantively rewrites a release sent by opposing counsel point out the changes before returning the signed document?
Yes. The opinion concluded a lawyer who materially narrows a release and returns it signed without flagging the changes may violate Rule 4.1 and Rule 8.4(a)(4)'s bar on deceit and misrepresentation.
Can an assistant district attorney work on the campaign to re-elect their boss, the incumbent district attorney?
The opinion reaffirmed N.Y. State 675: an assistant district attorney may not actively participate in the incumbent district attorney's reelection campaign, because partisan political activity is inco…
Is it unethical for a lawyer to secretly record a conversation when New Mexico courts have approved one-party-consent recording as lawful?
Reconsidering its 1988 opinion, the committee concluded a prosecutor following the statutes may secretly record without acting unethically, and that secret recording by other lawyers is not unethical …
When a California lawyer works on more than one client's matter during the same time period, may the lawyer bill each client a full hourly rate (or a multiple of it) for that time?
Per California Formal Opinion 1996-147, a lawyer may not bill more than one client at full hourly rates for the same time period, or bill a single client a multiple of that rate for shared time, unles…
If a California lawyer discovers that the client is committing an ongoing fraud and the client has used the lawyer's services to advance it, what may the lawyer say, what must the lawyer refuse to do, and when must the lawyer withdraw?
Per California Formal Opinion 1996-146, the lawyer must preserve client confidences under Business and Professions Code section 6068(e) and may not disclose the fraud, but also must not participate in…
When may a California lawyer contact an opposing party directly, and is the lawyer required to ask whether the party is represented by counsel before reaching out?
Per California Formal Opinion 1996-145, a lawyer with actual or imputed knowledge that an opposing party is represented may not communicate with the party about the subject of the representation witho…
Can New Mexico lawyers practice law as partners in a Registered Limited Liability Partnership?
The committee concluded it would not be unethical for lawyers to practice in a Registered LLP if they order its affairs to preserve accountability under the rules, but cautioned that neither the legis…
If one law firm hires a second firm that is its frequent courtroom adversary, must both firms tell their existing clients and get consent?
Not necessarily. The opinion concluded the two firms need not notify their clients or obtain consent if, but only if, the lawyers involved make a good-faith determination that the firms' attorney-clie…
Can a Washington lawyer route client trust funds through a separate 'disbursing account' to capture float or earn free banking services?
The committee concluded that RPC 1.15A requires client and third-person funds to be held in trust and makes no exception for a disbursing account, so the lawyer could not run those funds through one.
Can a law firm advance litigation expenses for an indigent or pro bono client?
The committee was of the opinion that RPC 1.8(e) applies to the representation of indigent clients, and that a firm may advance payment of litigation expenses on the condition that the client remains …
Can a lawyer take a new client's case when a former client may testify as a witness in it?
The committee was of the opinion that the lawyer could represent the new client, but RPC 1.9(b) prohibits disclosing the former client's confidences or secrets, and RPC 1.7(a) requires the new client'…
Can a lawyer pay a limited practice officer a percentage of the escrow fee for closing work?
The committee was of the opinion that RPC 5.5 does not permit paying a limited practice officer a percentage of escrow fee charges, but that other compensation methods, such as a flat fee per transact…
Can a lawyer be both legal counsel for a nonprofit corporation and a member of its board of directors?
The committee was of the opinion that a lawyer may serve as corporate counsel for a private nonprofit corporation and also serve on its board of directors, provided the lawyer otherwise complies with …
How should a lawyer dispose of trust funds belonging to a client who lives in a foreign country?
The committee was of the unanimous opinion that the lawyer must determine from the client how the funds should be disposed of, and it recommended holding the funds in a separate interest-bearing trust…
Must an LLP law firm's letterhead state that one of its partners is a professional corporation?
The committee was of the opinion that the letterhead of a law firm practicing as a limited liability partnership need not include language indicating that a member of the partnership is a professional…
Can a lawyer join a group marketing program where members pay an annual fee for free or reduced-rate legal services?
The committee was of the opinion that a lawyer participating in the 'Lawstar' program, under which members pay an annual fee for free or reduced-rate legal services, would be in violation of RPC 7.2(c…
Does adding 'P.C.' to a law firm name that uses '... & Company' adequately show the firm's organizational structure?
The committee concluded that adding 'P.C.' after a firm name using '... & Company' provides sufficient clarification of the firm's organizational structure to satisfy RPC 7.1, 7.5(a), and 7.5(d).
Can a contingent fee contract set the fee on discharge by reference to the last settlement offer if the client hires new contingent-fee counsel?
The committee was of the opinion that the proposed clause tying the discharged lawyer's fee to one-third of the last bona fide settlement offer, contingent on whether the client retains other continge…
Can a lawyer push a current client into ADR or sue the client over an unpaid fee, and must contact go through the client's lawyer?
The committee concluded that nothing bars trying to persuade a client to use ADR, but under RPC 4.2 the lawyer must communicate through the client's attorney, not directly; legal action against the cl…
Can a lawyer sue a client for unpaid fees and costs, including by cross-claim if an expert sues the firm?
The committee concluded that under the Rules of Professional Conduct a lawyer may sue a client for payment of legal fees or expenses and costs incurred on the client's behalf, either by an initial act…
Can a law firm partner take a part-time leave to serve as a Special Attorney General litigating for the state?
The committee declined to give a comprehensive answer without more information and directed the inquirer to comply with RPC 1.6, 1.7, and 1.9.
Can a lawyer accept client referrals from a real estate broker without giving the broker anything of value?
The committee concluded that on the facts presented, where the lawyer would simply be available for a broker's referrals and would give nothing of value in exchange, the referrals would not violate RP…
What must a lawyer do when collecting payments from a judgment debtor but unable to identify the client owed the money?
The committee concluded the lawyer must make a thorough effort to identify and contact the client under RPC 1.1, 1.3, and 1.4 (including contacting a former associate), must place the collected funds …
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.