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 who won an excess judgment for an estate also represent the defendant in a bad-faith action against the insurer, and stay on if the lawyer may be called as a witness?
Yes to the joint representation, with both clients' consent after full disclosure, because their interests are aligned against the insurer. The lawyer may continue even if the insurer's counsel may ca…
Can a closing lawyer disburse from the trust account against deposited checks that have only been provisionally credited, before they actually clear?
Yes, but only against the reliable financial instruments the Good Funds Settlement Act specifies, and the lawyer must immediately cover any dishonored item from sources other than other clients' funds…
Can a lawyer who is representing himself in his own case contact the represented opposing party directly without the other lawyer's consent?
The opinion concluded that a lawyer acting pro se may not communicate directly with a represented opposing party about the matter without opposing counsel's consent; Rule 4.2 applies despite the lawye…
Can an Alaska lawyer refuse to return a client's file until the client pays the copying charges?
Not where it would prejudice the client. The opinion concluded the original file is the client's property, copying charges can be billed only if the fee agreement says so, and the client's interests a…
When settling a fee dispute, can a lawyer get an unrepresented former client to release malpractice claims or agree not to complain to bar counsel?
The opinion concluded that a lawyer may not condition settlement of a fee dispute on an unrepresented former client's release of malpractice liability without first disclosing facts the lawyer reasona…
When a lawyer is hired to handle an estate, is the client the estate or the personal representative or conservator?
The opinion concluded that under District of Columbia law a lawyer retained by a personal representative or conservator for a decedent's or ward's estate represents the fiduciary, not the estate, so t…
Where a California attorney holds part of a retainer in trust as security for the final statement, may the attorney withdraw those funds to cover earlier unpaid interim statements, and does holding the funds in trust until earned constitute impermissible commingling?
The opinion concluded that where, by express agreement, an attorney holds a portion of a retainer as an advance against the last statement to be rendered, the attorney may not withdraw those funds to …
Can a Colorado water lawyer represent more than one client with water rights on the same river system?
The opinion concluded that representing multiple clients with water rights in the same river system is not by itself a conflict; a conflict arises under Rule 1.7 only when one client's water right or …
My firm once handled a defendant's misdemeanor and domestic cases. Can I now represent plaintiffs suing him for property damage, an unrelated matter, if everyone consents?
The panel concluded that, under Rule 1.9, if the attorney reasonably believes the current property-damage matter is not the same as or substantially related to the firm's prior misdemeanor and domesti…
I handled real estate closings for a married couple. Now I'm representing the husband in their divorce. Do I have to withdraw because the wife is a former client?
The panel gave a fact-specific answer under Rule 1.9: the wife is a former client, and if the attorney obtained information in the closings that would be helpful in the divorce, the matters could be s…
I once represented a man who later married someone now suing my client for age discrimination. Can I represent my client against that spouse, or is it a conflict?
The panel concluded there is no conflict, because the spouse was never the attorney's client and does not become a client or former client merely by marrying a former client; the only clients are the …
My firm wants to mail businesses letters offering a free meeting to discuss legal issues. Do we have to mark the letter 'advertisement,' even though it doesn't ask for their business?
The panel concluded that the letters are solicitation under Rule 7.3 even though they do not request employment, so the firm may send them only if each letter is clearly labeled 'advertisement' on the…
I think opposing counsel orchestrated a custody transfer to help his client dodge child support. Must I report him under Rule 8.3, and does the panel decide if it's a violation?
The panel concluded that whether opposing counsel's conduct raises a substantial question as to honesty, trustworthiness, or fitness is a largely subjective credibility determination for the witnessin…
I used to work at a state agency that was investigating someone my firm now represents. Can I work on that client's criminal and civil matters, or must I be screened?
The panel concluded that the former government lawyer may not personally represent the client in either the criminal or the related civil matter under Rule 1.11(a), because the lawyer participated in …
Can a bar-association lawyer referral service charge participating attorneys a percentage of the fees they earn on referred cases?
Yes. The opinion concluded a percentage-fee program is an ethically permissible way to fund a lawyer referral service as long as the income is used to defray the cost of operating the service or to su…
If an Ohio lawyer promised a doctor to pay medical bills out of a settlement, can the lawyer follow the client's later instruction to pay all the funds to the client instead?
The opinion concluded that a lawyer may not pay all settlement funds to a client when the lawyer, with the client's consent, had promised a physician to pay medical expenses from the proceeds; the law…
Can different attorneys in the same Ohio prosecutor's office prosecute two family members who are charged with committing domestic violence against each other?
The opinion concluded that it is not per se improper for different attorneys from the same prosecutor's office to simultaneously prosecute family or household members charged with domestic violence ag…
Can a law firm pledge its accounts receivable to a bank as collateral without violating its duty to protect client confidences?
The opinion concluded a firm may grant a security interest in receivables, but the security agreement must be drafted so it never forces disclosure of client confidences or secrets and never strips a …
Can a lawyer send the presiding judge a letter about a pending case if opposing counsel is copied?
The opinion concluded that a lawyer may not communicate with a judge about the substance of a matter pending before that judge, except on scheduling, administrative, or emergency matters not on the me…
Can a judge use the names and addresses of former jurors to send out re-election campaign mailings?
The opinion concluded that a judge may not use jury records for the judge's personal election mailings and may not personally solicit public statements of support from people who served as jurors in t…
Can a lawyer join a program that buys client fee bills and collects the fees from the client?
No. Georgia FAO 95-1 concluded that Georgia lawyers cannot ethically participate in a program that purchases client fee bills and collects them, because participation will result in violating one or m…
Can a divorce lawyer take an assignment of the proceeds from the sale of the client's marital home to secure payment of the fee?
Not until a final decree resolves all issues over the property. The opinion concluded that taking an interest in marital property still subject to the divorce gives the lawyer an improper proprietary …
Can a lawyer who is representing herself in a case contact the opposing party directly when that party has a lawyer?
The opinion concluded that a lawyer who is a party and proceeding pro se still may not communicate directly with another party known to be represented by counsel about the subject of the matter withou…
Must a criminal defense lawyer who has been charged with a crime by the same prosecutor's office tell clients before continuing to represent them?
The opinion concluded that a criminal defense lawyer charged with a crime by the same United States Attorney's office that prosecutes his clients has a personal-interest conflict under Rule 1.7(b)(4):…
The deceased's attorney may be called as a witness in a will contest. Can I hire that attorney to prepare discovery on issues he won't testify about?
The panel concluded that the deceased's attorney may play a role in the representation short of trial advocacy, so preparing discovery is permitted; Rule 3.7 bars only a likely necessary witness from …
My partner drafted a will for a woman 13 years ago. Can I keep representing my client in a lawsuit against that woman now, or is she a former client I can't oppose?
The panel concluded that the attorney may continue the representation, because preparing the mother-in-law's will years earlier is not the same as or substantially related to her current action, so Ru…
I've witnessed other lawyers give false testimony and make misrepresentations. Does the ethics panel decide whether that's reportable misconduct under Rule 8.3, or do I?
The panel concluded that whether another lawyer's conduct raises a substantial question as to honesty, trustworthiness, or fitness is a largely subjective credibility determination that must be made b…
I drafted and witnessed a will that's now being contested, and I'll have to testify at trial, so I withdrew as trial counsel. Can I still handle discovery and pre-trial motions for the estate?
The panel concluded that, under Rule 3.7, a lawyer who will be a necessary witness at trial is barred only from acting as an advocate at the trial itself, and may still represent the executor or estat…
I won a judgment for a client, and now the defendant wants to pay, but I can't find my client. What are my obligations for collecting and disbursing the funds?
The panel concluded that a lawyer who cannot locate a client must exercise diligent efforts to find the missing client and to protect the client's interests within the scope of the retention agreement…
Can a lawyer represent an injured client and also the client's health insurer asserting a subrogation claim for the same medical bills?
Formal Ethics Opinion 95-F-136 concluded that a lawyer may represent both an injured client and the client's health insurer claiming a subrogation interest in the client's medical bills, but only if i…
Must a lawyer report another lawyer's misconduct right away even though a related civil case is still pending, or wait until the civil case ends to avoid looking like leverage?
Report without unnecessary delay. The opinion concluded that once both prongs of the reporting rule are met, the lawyer must report promptly and need not wait for the pending malpractice claim to conc…
In Kentucky, may the spouse of a prosecutor practice criminal defense in the same jurisdiction if the spouses never appear in the same case and the client consents?
Yes. The opinion concluded that under Rule 1.8(i) a lawyer related to another lawyer may handle a matter adverse to the related lawyer's client with the client's consent after consultation, and that a…
In Kentucky, is it improper solicitation for a legal-aid program to take client referrals from nonprofit service organizations, and may it take a case from someone already represented by counsel?
No improper solicitation. The opinion concluded that referrals from 501(c)(3) organizations with no pecuniary gain are not prohibited solicitation under In re Primus, and a legal-aid program may take …
Can a criminal defense lawyer represent a defendant when the key eyewitness is a former client whose confidential information could be used to impeach him?
No. The opinion concluded the defense lawyer is disqualified because a presumption exists that the lawyer gained confidential information during the prior representation, and the real risk that it cou…
After becoming a full-time Ohio judge, can a lawyer keep running a family farm and keep preparing tax returns as a CPA?
The opinion concluded that a full-time judge may continue a spouse-co-owned farm (raising cattle, selling hay, grain, and seed) as permitted management of real estate, but may prepare tax returns as a…
Can an Ohio judge be paid for teaching CLE courses or for giving motivational speeches?
The opinion concluded that a judge may accept compensation for teaching CLE courses under both the Code of Judicial Conduct and Ohio Ethics Law, but that compensation for motivational speeches, while …
When may a lawyer contact someone she knows is represented by another lawyer, and does the no-contact rule reach criminal investigations, a corporation's employees, and contacts the represented person starts herself?
The opinion concluded that Rule 4.2 bars a lawyer from communicating about the matter with any person she knows to be represented in it, in both civil and criminal cases, without that person's lawyer'…
Can an employer's lawyer send a workers'-comp light-duty job offer directly to a represented employee?
The Committee concluded that an employer's counsel who mails the statutorily required light-duty employment offer directly to an injured employee known to be represented, without sending a copy to the…
Can a lawyer accept a settlement with a government agency that requires the lawyer not to represent other, similar clients against that agency in the future?
The opinion concluded that Rule 5.6(b)'s bar on settlement terms that restrict a lawyer's right to practice applies even when one party is a government agency, so the lawyer may not agree to such a co…
What must a lawyer do to protect client confidences when communicating over a cellular or cordless phone or by email?
The opinion concluded a lawyer need not use only infallibly secure methods, but must use reasonable care to choose a mode that protects confidences and, if a line is known to be susceptible to interce…
Can a trial lawyer mail a neutral pre-trial questionnaire to people on the potential jury list to streamline voir dire?
Not directly. The opinion concluded the no-contact-with-veniremen rule bars the lawyer from sending the questionnaire, even anonymously, but the questionnaire may go out under the court's direction an…
May a lawyer phone opposing counsel to remind them to file an overdue answer instead of moving for default, and does the client have to consent?
Yes, the lawyer may extend that courtesy and does not need the client's consent, because zealous representation does not bar treating others with consideration. The opinion concluded the lawyer is not…
When opposing counsel misses a calendar call after a notice goes to an old address, must the other lawyer confirm the notice was received before asking the court to set an early trial date?
Not as a strict requirement, but the opinion concluded that, as a matter of professionalism, the lawyer should make a reasonable effort to learn the absent lawyer's whereabouts or reason for absence b…
Can a prosecutor offer more favorable plea deals, continuances, or PJCs to defendants who make a charitable contribution to a local cause instead of paying court fines?
No. The opinion concluded that offering special treatment in exchange for charitable donations implies justice can be purchased, is prejudicial to the administration of justice, and conflicts with the…
Can a lawyer write to elected town council members on a client's behalf to ask that a pending matter be placed on the agenda, when the town is represented by counsel who refuses consent?
Yes. The opinion concluded that the no-contact rule yields to the First Amendment right to petition the government, so the lawyers may write the council to petition to have the matter heard at a publi…
Can a firm do criminal defense when an attorney's spouse is a deputy sheriff, and can that attorney sit as judge pro tem in the same jurisdiction?
Qualified yes. The opinion concluded the firm may defend criminal cases under Rule 1.7(b) if the lawyer reasonably believes the client will not be adversely affected and the client consents after disc…
Can a New Jersey law firm affiliate with a foreign law firm and pool profits as compensation for referring clients to each other?
The Committee concluded that the proposed affiliation, whose central purpose was reciprocal client referrals compensated through pooled profits, violated RPC 7.3(d), which bars compensating a person o…
Can a lawyer take a retainer and a share of a nonlawyer company's contingent fee to handle the company's securities-arbitration clients?
The opinion concluded that the proposed affiliation was improper, raising problems of conflicts of interest, prohibited solicitation, fee-splitting with a nonlawyer, and assisting the unauthorized pra…
Can a lawyer work for a nonlawyer-owned company representing Social Security disability claimants and share the fees?
The opinion concluded that a bar member who maintains a law practice or holds out as a lawyer could not enter a business arrangement with a nonlawyer to represent Social Security disability claimants,…
My client used my services to commit fraud and gave false testimony, then recanted at trial. Can I decline to represent him on the appeal?
The panel concluded that, under the permissive withdrawal rule the opinion labels Rule 1.17(b), the attorney may decline to continue the representation if the attorney reasonably believes the client u…
I'm defending a criminal case, and the prosecution may call a woman I represented in a 1984 divorce as a witness. Is that a conflict of interest?
The panel concluded there is no conflict, because Rule 1.9 bars a lawyer from opposing a former client only in the same or a substantially related matter, and a 1984 domestic-relations representation …
My client agreed in a divorce decree to pay his ex-wife half of his personal-injury settlement, but says he'll tell me not to pay her. What do I do with the funds?
The panel concluded that, under Rule 1.15, the attorney must promptly notify both the client and the ex-wife when the settlement funds arrive and must hold any disputed portion separate until the disp…
I was discharged from a PI case and filed an attorney's lien with the new lawyer, who settled and ignored my lien. Did he violate Rule 1.15, and do I have to report him under Rule 8.3?
The panel found it lacked sufficient facts to opine that Attorney B committed a violation, and stated that under Rule 8.3 the inquiring attorney must inform Disciplinary Counsel only if he or she has …
I settled a PI case for two family members, but Medicare has a lien and one relative is terminally ill. Can I give part of my fee back to them?
The panel concluded that because Medicare had an interest in the settlement, the attorney must promptly deliver Medicare the funds it was entitled to receive, and any reduced fee was owed to Medicare …
Can a Rhode Island lawyer join a nonprofit lawyer referral service that isn't run by the state bar and keeps a percentage of each fee?
The panel concluded that a lawyer may not participate; because the service is not operated, sponsored, or approved by the Rhode Island Bar Association, paying it a percentage of the fee for recommendi…
If a lawyer and client can only communicate through a language or sign-language interpreter, must the lawyer consider and arrange for a qualified interpreter?
The opinion concluded that a lawyer representing a client with whom effective direct communication is only possible through an interpreter must evaluate the need for interpreter services and take step…
What are a lawyer's duties when supervising paralegals and other nonlawyer staff who deal with clients and the public, and how may those staff be paid?
The opinion concluded a lawyer must effectively supervise nonlawyer employees, not aid the unauthorized practice of law, ensure client confidences are kept and the public is not misled about nonlawyer…
Can a lawyer secretly tape record telephone or in-person conversations with opposing counsel without telling them the conversation is being recorded?
The opinion concluded a lawyer may not tape record a telephone or in-person conversation with an adversary attorney without informing the adversary that the conversation is being taped, treating undis…
In Kentucky, may a lawyer present to the court a child-support agreement that deviates below the guidelines when the client receives public assistance?
No. The opinion concluded that because KRS 403.211(3) bars any deviation from the child-support guidelines when a parent receives public assistance, the lawyer may not counsel or assist the client in …
In Kentucky, must a lawyer pay a third party who provided services on a client's case, and must the lawyer honor a third party's claim to client funds the lawyer holds?
The opinion concluded a lawyer is ethically obligated to pay a provider the lawyer hired without disclaiming personal liability, but is otherwise not an insurer of third-party claims; when a third par…
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.