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 law firm advertise the combined years of practice of its partners as a single firm experience figure?
The committee concluded that advertising that the firm has represented clients for twenty-nine years, when that figure is the cumulative practice years of two partners, would violate RPC 7.1 as materi…
Can a Washington lawyer put a binding arbitration provision in a fee agreement with a client?
The committee concluded there is no per se prohibition against including an arbitration provision in a client fee agreement, but the provision must be consistent with the lawyer's fiduciary obligation…
Can defense counsel settle directly with an unrepresented non-party, and can the lawyer relay messages to the represented plaintiff through that person?
The committee concluded the Rules do not prohibit defense counsel from communicating with, or attempting to settle with, an unrepresented person (here the plaintiff's father, a non-party), though care…
Can a lawyer suing a city make a public records request directly to a city official who is a represented adverse party?
The committee concluded that a public records request under RCW 42.17 is an independent justification, expressly authorized by law, for communicating with a government official who would otherwise be …
Can a firm sue a doctor in one case while relying on the same doctor as a treating-physician witness for other clients?
The committee concluded that because there is no attorney-client relationship with the doctor, RPC 1.7(b) governs; the firm may both sue the doctor and use the doctor as a witness for other clients if…
Can a lawyer reveal client confidences to sue the client for a bounced check?
The committee concluded that, on the stated facts, the lawyer is a victim of a crime and falls within the RPC 1.6(b) exception, which permits revealing confidences and secrets to the extent necessary …
Can a lawyer advertise that the firm handles lawsuits against a specific named business and its owners?
The committee did not resolve the question on the merits; it directed the inquirer to RPC 7.1 and 7.4 as the governing rules and declined to opine on any other liability such an ad might create.
What does a lawyer do with settlement money in trust when the client refuses to cash the check?
The committee concluded that the lawyer must resolve any dispute over the retained fee (replenishing the trust account for the disputed amount), must withdraw the improper malpractice-release conditio…
How many years back does a law firm have to check for conflicts of interest?
The committee concluded that a conflict continues indefinitely, so a firm must run conflict checks as far back as each current attorney has practiced; once an attorney leaves, the firm may take matter…
Can a lawyer who became head of a state agency make final decisions in cases involving people the lawyer previously represented?
The committee concluded that if the courts rule the agency head cannot delegate the decisions, RPC 1.11 does not bar the lawyer from making them, because RPC 1.11(c) exempts a government officer where…
Can a lawyer use a pseudonym (a fake name) while doing legal work?
The committee was of the opinion that, while it does not decide whether particular agency staff are practicing law, if an attorney is engaged in the practice of law then using a pseudonym would violat…
How far must a lawyer go to check for conflicts after moving to a new firm?
The committee determined that a lawyer who compared client and spouse names from the former firm against the new firm's past and current client lists had done all the lawyer can to check conflicts, be…
Can a lawyer price the sale of a law practice as a percentage of transferred clients' fees, or sell the practice gradually over time?
The committee determined that basing the sale price of a law practice on a percentage of the gross fees from transferred clients violates RPC 1.5(e), though an annual adjustment based on gross receipt…
Can a professional limited liability company call itself a 'firm' or a 'company' in its name?
The committee decided that a professional limited liability company must not refer to itself as a 'firm' or a 'company' but must use 'professional limited liability company' or 'P.L.L.C.', and that to…
Can a law firm name itself '____ & Company'?
The committee was of the opinion that using the word 'company' in a law firm name is prohibited by RPC 7.1, 7.5(a), and 7.5(d) without further explanation of the organizational structure of the law pr…
Are a county public defender's case conflicts imputed to a lawyer just because the lawyer is married to that public defender?
The committee determined that the county public defender's office conflicts are not imputed to a lawyer merely because the lawyer is the spouse of a county public defender, where the two will never re…
Can a lawyer represent a deported felon who illegally returned to the country in an open-court dependency case?
The committee said whether representing an illegally returned deported felon assists a crime is a legal question beyond its scope, and that if such representation does assist a crime as a matter of su…
Can a lawyer take per-project pay from a corporation to do work on behalf of the corporation's clients?
The committee was of the opinion that if the work the lawyer performs is the practice of law, the arrangement may violate RPC 5.4(a) and 5.5(b), but if the work is not the practice of law there is no …
After a dependency action against a father, can a lawyer keep representing both the father and his injured minor child on the child's injury claim?
The committee concluded that several conflict rules prohibit the lawyer from continuing to represent either the father or the minor child without a court order or written consent, and that the lawyer …
Can a lawyer represent a property owner facing condemnation when the lawyer's firm also has obligations to the condemning city?
The committee was of the opinion that, assuming the lawyer believes the representation would not be adversely affected by the firm's obligations to the city, the lawyer could represent the potential c…
Can a lawyer draft a client's will that names the lawyer as personal representative or trustee?
Yes. The opinion concluded that Rule 1.8(c) only bars drafting an instrument that gives the lawyer a substantial gift, not one naming the lawyer as personal representative or trustee, so a lawyer may …
Can a lawyer run a newspaper ad telling people they may have been victims of a party's discrimination and inviting them to contact the firm?
Yes. The opinion concluded that a truthful newspaper advertisement informing potential discrimination claimants of a possible cause of action and inviting contact does not violate Rule 7.3, because it…
If a lawyer's investigator contacts a represented opposing party under a pretext against the lawyer's instructions, has the lawyer violated Rule 4.2, and what must the lawyer do with the information?
No violation, but limited use. The opinion concluded that a lawyer who instructed the investigator not to make contact did not violate Rule 4.2, but must notify opposing counsel and refrain from using…
Can a lawyer list an honorary degree or fellowship in advertisements and on letterhead, even though it was not an earned degree?
The opinion concluded a lawyer may list honorary degrees in advertising and on letterhead, rejecting the view that only 'earned' degrees may be listed, but the nature of honorary distinctions requires…
After leaving the prosecutor's office, can a former assistant prosecutor be appointed to represent indigent defendants in felony and related matters?
Generally yes, unless the lawyer participated personally and substantially in the matter as a prosecutor (absent the office's consent) or holds confidential government information usable against a per…
I prepared a living will for a husband and an estate package for his wife. Now the wife wants to amend her trust to cut out his daughter and not tell him. Can I do it under Rule 1.9?
The panel concluded that the lawyer may amend the wife's estate plan without violating Rule 1.9, because preparing the husband's living will was not a substantially related matter and the amendment is…
A secondary health insurer paid my client's medical bills in a tort case but never filed a lien. Do I have to pay the insurer out of the settlement?
The panel concluded that, absent a lien and absent any assurance by the attorney that the bills would be paid, Rule 1.15(b) does not obligate the attorney to pay the secondary health insurer from the …
I'm a state child-support agency lawyer. I represent the state for one parent and, for a fee, a second parent, both owed support by the same father whose injury settlement can't cover both. Can I keep representing the second parent?
The panel concluded that because a single personal-injury settlement had to be apportioned between the state and the non-welfare parent, the two representations became directly adverse under Rule 1.7(…
Can a lawyer send a paralegal to handle a real estate closing while the lawyer is only reachable by phone?
The opinion concluded that a lawyer may delegate attendance at a real estate closing to a paralegal, with the lawyer available by phone, but only where the closing is purely ministerial and the lawyer…
What specialization-certification disclosures did a Tennessee lawyer have to include when advertising a practice area, and for which areas?
Vacated. As originally issued, Formal Ethics Opinion 95-F-137 explained that under DR 2-101(C) a lawyer advertising any area of law had to include the precise certified, not-certified, or not-availabl…
Can a Michigan solo practitioner put 'Law Offices' on the firm letterhead, and are 'legal services' or 'a professional corporation' allowed?
The opinion concluded that 'law offices' (plural) is potentially misleading for a solo at a single location and is prohibited, while 'Law Office' (singular), 'legal services,' and 'a professional corp…
Can an insurance company's salaried in-house lawyers pursue subrogation and include an insured's deductible, and can they operate under an 'in-house law firm' name?
The opinion concluded that salaried insurance in-house counsel may pursue subrogation and, with the insured's consent, include the insured's deductible, if they exercise independent judgment and make …
Can an Ohio judge answer phones, sit on a VIP panel, or solicit donations during a public charity telethon?
The opinion concluded that a judge may not participate in a public fund-raising telethon, including answering phones to take donations, serving on a VIP telephone panel, or soliciting donations from f…
Can a prosecutor try cases against criminal defendants who are represented by the prosecutor's sibling?
Only with consent. The opinion concluded a prosecutor may try cases defended by the prosecutor's brother only if both the district attorney's office and the brother's clients give informed consent aft…
Can a lawyer take a contingent fee to pursue a writ of error coram nobis to set aside an old criminal conviction?
The opinion concluded that Rule 1.5(d)'s ban on contingent fees for representing a defendant in a criminal case does not apply to a writ of error coram nobis proceeding, which is initiated by the form…
Can a law school clinic refer hospital patients who are abuse victims to lawyers without violating the solicitation rules?
The opinion concluded that a law school clinical program's emergency-room referrals of spouse-abuse victims do not violate D.C. Rule 7.1(b)(2) and (3), whether the referral is to unaffiliated counsel …
Can a lawyer take stock in a corporation as the fee for incorporating it, and then give legal advice to the company the lawyer owns stock in?
The opinion concluded that taking stock as a fee for incorporating a business is not a per se conflict, and a lawyer may advise a corporation in which the lawyer owns stock, but both are subject to th…
Can a law firm that defends an insurance company's insureds represent a new client suing a different party insured by that same company?
The opinion concluded that a firm still defending some of an insurer's insureds may represent a client suing a different party insured by that same insurer, because the new representation is not direc…
Can I use a group television advertising service that runs a generic ad and show only an 800 number instead of my own or my firm's name?
The panel concluded that under Rule 7.2(d) any lawyer advertisement must include the name of at least one lawyer responsible for its content, so the inquiring attorney may not use the shared televisio…
I represent two clients in separate divorces. They are romantically involved and each could be a witness in the other's case. Can I keep representing both at the same time?
The panel concluded that Rule 1.7(a) did not bar the joint representation because the two divorces were not directly adverse, and that under Rule 1.7(b) the lawyer may continue to represent both clien…
I served as a state-appointed mediator between a school committee and a teachers' union. Can I now represent a committee member in an unrelated lawsuit against the former superintendent?
The panel concluded that because the lawyer had served only as an impartial mediator and had not represented either the school committee or the teachers' group, representing the committee member in th…
I'm counsel to a school committee and gave legal advice to its superintendent, whom the committee has now suspended. Can I answer the committee's special investigator's questions about him?
The panel concluded that under Rule 1.13 the lawyer's client is the school committee, not the superintendent, so the confidentiality duty owed to an attorney-client relationship under Rule 1.6 does no…
A nonlawyer wants to sell collection forms bundled with my services, refer the buyers to me, and pay me a cut of the form sales, plus name me in a pamphlet. Is that allowed?
The panel advised against the arrangement. It concluded that the nonlawyer's soliciting business for the lawyer violates Rules 7.3 and 5.3, that using the lawyer's name for the nonlawyer's solicitatio…
Can a Michigan lawyer's direct-mail advertising circular call the firm 'affordable,' offer a free informational interview, and quote specific fees?
The opinion concluded that an otherwise proper direct-mail circular may describe the firm as 'affordable,' invite recipients to a free 'no-cost informational interview,' and quote the actual fees the …
When a California landlord-attorney refers prospective clients to subleasing attorneys and is paid a portion of the resulting fees, what must the landlord-attorney do under former Rule 2-200, and what restrictions apply to a letterhead that suggests a firm relationship?
The opinion concluded that under former Rule 2-200, a referral fee from a non-firm subleasing attorney to the referring attorney requires written client consent after full written disclosure of the fe…
Can a lawyer settle a client's civil exposure by agreeing the other side won't report the client's possible crime, and can the aggrieved party's lawyer negotiate such a non-reporting deal?
The opinion concluded a lawyer for a potential civil and criminal defendant may offer to settle the civil claim conditioned on the adversary not reporting the crime, and that the aggrieved party's law…
In Kentucky, may a former in-house lawyer represent a client against the former corporate employer in a matter substantially related to the lawyer's in-house work?
No. The opinion concluded that an in-house lawyer represents the entity as a client, so the former in-house lawyer owes the same former-client duties as any lawyer and may not, under Rules 1.9 and 1.1…
In Kentucky, what must a lawyer do on receiving documents clearly not intended for them, and can the lawyer be disciplined for arguing the privilege was waived?
The opinion concluded a lawyer who clearly receives materials not meant for them should stop reading, notify the sender, and follow the sender's instructions, but should not be disciplined for making …
Can a lawyer run ads or send letters to a company's employees inviting them to join an employment discrimination class action?
The opinion concluded that a lawyer may advertise for and mail letters to potential class members inviting them to join class action litigation, including targeted recipients, as long as the lawyer fi…
Can an assistant district attorney campaign for the incumbent district attorney's re-election?
The opinion concluded that an assistant district attorney may not take part in campaign activities for the incumbent district attorney's re-election, such as circulating petitions or campaigning publi…
When a lawyer gives an outside vendor, like a computer maintenance company, access to client files, what must the lawyer do to protect client confidentiality, and must a breach be reported to the client?
The opinion concluded that a lawyer who gives an outside service provider access to client files must make reasonable efforts under Model Rule 5.3 to ensure the provider has, or will put in place, rea…
When a public-body client is subject to an open-meetings law, can the lawyer keep attorney-client discussions confidential, or must legal advice and strategy be aired in a public meeting?
The opinion concluded that, for purposes of the Rules of Professional Conduct, the lawyer's confidentiality duty under Rule 1.6 outweighs the open-meetings statute, and the protection covers attorney-…
A lawyer who defended a company in a federal Superfund case joins the state Superfund program; is there a conflict now, and can she later act against her former client?
Not yet, but later yes. The opinion concluded there is no present conflict given the screening in place, but the lawyer may not participate in any future state action against her former client without…
Can a criminal defense lawyer urge a victim or witness to avoid a subpoena or not testify?
The Committee concluded that a defense attorney who discourages a domestic battery victim from testifying, urges the victim not to cooperate with the prosecutor, or tries to influence the victim's tes…
Can a North Carolina lawyer require a client to sign a confession of judgment to secure the fee before doing any legal work?
No. The opinion concluded a lawyer may not obtain a confession of judgment from a client before rendering services, because it lets the lawyer collect a possibly excessive fee and bypass the mandatory…
When a criminal defense lawyer takes possession of physical evidence the client brings in, must the lawyer turn it over to the prosecution, and can the lawyers stay on the case if they may become witnesses?
No duty to notify the prosecution absent a court order or legal obligation; the lawyer may examine non-contraband evidence then return it to the source with advice to preserve it. The opinion conclude…
Can a North Carolina lawyer listen to and use a tape recording of the client made secretly by a third party, when an earlier opinion barred using a recording the client made illegally?
It depends on a legal question the committee would not decide. If listening to or using the recording does not violate federal wiretap law, the lawyer may use it; if the legality is unclear, the lawye…
Can a lawyer send a public-records request directly to the records custodian when that custodian is an adverse party represented by counsel who has not consented to the contact?
Yes. The opinion concluded a lawyer may make a public-records request directly to the custodian regardless of opposing counsel's consent, because the request is authorized by law under the North Carol…
Can a law firm advertise a local-seeming telephone number, via call forwarding, in a community where it has no office or lawyer?
No. The opinion concluded that listing what looks like a local number in a community where the firm has no office or lawyer, without disclosing that, is misleading. An interstate firm may still advert…
Can a lawyer keep representing a client when the lawyer's own paralegal or employee will testify as a witness for that client?
Yes. The opinion concluded that a lawyer may represent a client even though one of the lawyer's employees may be called as a witness on the client's behalf.
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.