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 hire a lead generator service that advertises using another lawyer's or firm's trademark, name, or likeness without permission?
No. The opinion concludes it is impermissible for a lawyer to employ a lead generator that uses another lawyer's trademark, name, or likeness without permission, because that is false, misleading, and…
When a lawyer is subpoenaed for documents containing a current or former client's confidential information, must the lawyer comply, object, or fight it?
The lawyer must notify the affected current or former client and seek consent to respond. If consent is not obtained, the lawyer may rely on Rule 1.6's "authorized by other law or court order" excepti…
What must a lawyer do to protect non-party clients' confidential data on a hard drive a court has ordered produced for forensic analysis?
The opinion concludes the lawyer must notify the non-waiving clients of the order, consult them about reasonable steps to avoid or limit production, and take those steps before complying; once reasona…
If a client's outside counsel guidelines ask a D.C. lawyer to disclose information about the lawyer's other clients, or to agree to withdraw if a midstream conflict arises, is that allowed?
The opinion concludes that, absent informed consent, a D.C. lawyer may not disclose a client's or prospective client's protected information (including the client's identity and the nature of the matt…
Can a full-time assistant county attorney take private or assigned-counsel Family Court cases where the county is not a party?
Yes, with limits. The opinion concludes such a lawyer may take Family Court matters where the county is not a party if no Rule 1.7(a) conflict exists or, if a waivable conflict exists, both the county…
What conflicts arise when a Wisconsin criminal defense lawyer moves to a prosecutor's office, or a prosecutor moves to a defense firm?
The opinion concludes that a defense lawyer who interviews to become a prosecutor or who runs for district attorney has a personal conflict in every criminal case and may continue only with each clien…
Does a nonresident Nevada-licensed attorney who uses a coworking space in Nevada 'maintain an office' under SCR 42.1, and must that address be filed as advertising?
Yes to the office; no to the advertising filing. The Committee concludes that a nonresident Nevada attorney's use of a Nevada coworking office space counts as maintaining an office under SCR 42.1, sub…
When a parent hires a lawyer for an injured child's personal injury claim, what does the lawyer owe the child if the parent's wishes conflict with the child's interest?
The opinion concludes the conflict rules (1.7, 1.8, 1.9) apply to the child as a client even though the parent retained and can discharge the lawyer, and the lawyer must protect the child's funds unde…
After Utah's 2021 overhaul of the advertising and fee-sharing rules, which older Utah ethics opinions can lawyers still rely on?
The opinion concludes that opinions resting on the 'false or misleading' standard remain applicable, while opinions that disapproved arrangements solely as paying for referrals, fee-sharing with nonla…
Can a lawyer who owns a real estate company act as the lawyer on closings referred by a broker at that company, where the broker and the company split the commission?
No. The opinion concludes that because the lawyer has a financial interest in the brokerage commissions his company splits with its brokers, serving as the closing lawyer creates a per se non-waivable…
Can a defense insurer require my client and me to sign a hold-harmless agreement indemnifying it for all liens as a condition of paying the settlement?
No. The panel concluded that conditioning payment of a personal injury settlement on the plaintiff's counsel personally signing a hold harmless/indemnification agreement violates Rules 1.8(e), 1.7(a)(…
Can a county prosecutor appear before a part-time judge who employs one of the prosecutor's assistants in private practice?
Yes. The part-time assistant prosecutor may not appear before the judge who employs the assistant's firm, and that conflict cannot be waived, but it is not imputed to the elected county prosecutor, wh…
When a Texas lawyer moves from a private firm that represents public entities to a private firm that is adverse to those entities, what conflicts apply, does the 'generally known' exception save the new firm, and is Rule 1.10 screening available?
Per the Committee, the migrating lawyer's personal representation of a public-entity client at the prior firm creates Rule 1.09 former-client conflicts that are imputed to all lawyers at the hiring fi…
When a lawyer leaves a North Carolina firm, what must the firm do with the lawyer's firm email account, and how long must it stay active?
The firm may not just deactivate the account; it must keep it active with an auto-reply announcing the departure and the lawyer's new contact information, monitor incoming mail (reviewing only enough …
Can a North Carolina lawyer take possession of a photograph showing a minor in sexual activity to use it as evidence in a custody case?
No. Possessing child sexual abuse material is a crime with no exception for furthering a representation, so the lawyer may not take possession of the image even as evidence, and the lawyer must review…
In a residential closing where the buyer and seller have separate lawyers, can the buyer's lawyer charge the seller for work, like reviewing the other side's documents or clearing title?
Generally no. Work the buyer's lawyer does for the buyer can be charged to the seller only with the seller's agreement, the buyer's informed consent under Rule 1.8(f), and a fee that is not illegal or…
Can a New York lawyer mediate a divorce, then represent one party to draft the settlement papers, and offer limited-scope services to pro se clients from an out-of-state office?
Yes, with conditions. The opinion permits a lawyer-mediator to later represent one party with all parties' informed written consent, permits limited-scope ghostwriting for pro se clients (disclosure r…
Does an out-of-state in-house lawyer for a Utah company need a Utah in-house counsel license if the lawyer lives and works in another state?
The opinion concludes that an out-of-state in-house lawyer is not required to obtain a Utah in-house counsel license when the lawyer is not a Utah resident and does not maintain a systematic and conti…
Can a single law firm market itself under two different assumed names (d/b/a) for two separate practice areas?
Yes. The opinion concludes a law firm may operate under two different assumed names that distinguish separate practice areas, as long as no particular facts make the use false, deceptive, or misleadin…
Can a lawyer help a client prepare pleadings the client files pro se, and does the lawyer have to disclose that assistance to the court?
Yes. A lawyer may limit representation to preparing documents a client files under the client's own name if the limitation is reasonable and the client gives informed consent, and the lawyer is not re…
If a client admits forging and filing a document in a now-closed case, can the lawyer keep representing him in related litigation, and must or may the lawyer disclose the forgery?
The lawyer may continue unless the client intends to use the forged document or its existence in the litigation. Disclosure is mandatory only under Rule 3.3 candor duties; Rule 1.6(b) permits disclosu…
Can a lawyer charge a payee to recover the stop-payment and reissuance costs for a trust-account check that was never cashed?
Yes. A lawyer may charge a check recipient an amount covering the administrative cost of resolving an uncashed trust-account check (such as stop-payment and postage fees) if the amount is not unreason…
Can a firm restructuring as a PLLC keep deceased and retired partners' names in its name, and who can be 'of counsel'?
Yes. After restructuring as a PLLC the firm may keep the deceased and retired partners' names where there has been a continuing succession in the firm's identity and the public is not misled; an 'of c…
Does a lawyer who, while serving as an organization's counsel, later learns of possible misconduct by the former client have a duty to report it, and may the lawyer disclose what was learned?
No mandatory duty. The rules do not require the lawyer to report the conduct or to advise non-clients, and Rule 1.9 prohibits the former in-house lawyer from using or disclosing the information to the…
Can an Illinois lawyer practice Illinois law, including appearing virtually in Illinois courts, while physically located in another state?
Yes. The Illinois Rules do not bar an Illinois-licensed lawyer from practicing Illinois law from a location outside Illinois, including virtual appearances in Illinois matters; the lawyer should check…
Can a lawyer pay for a featured placement on a lawyer-rating directory like Expertise.com that calls listed lawyers 'experts'?
No. Because the Expertise.com name and content hold lawyers out as 'experts' in violation of Rule 7.4(b), a lawyer may not participate in or pay for placement on the site at all; a lawyer is responsib…
Can an Illinois lawyer pay to join a for-profit online service that matches consumers with lawyers?
Yes, on these facts, if the matches are automated without the service's discretion, the service does not endorse the lawyer, it stays out of any resulting representation, and the lawyer's fee is reaso…
Can a lawyer who used to defend a medical group sue one of its physicians for malpractice in a factually unrelated case?
Yes, but only if the new matter is not substantially related to the former representation of the group; if it is substantially related and materially adverse, Rule 1.9(a) requires the former client's …
When must a Washington lawyer disclose to clients that they lack minimum malpractice insurance under RPC 1.4(c)?
A lawyer without malpractice insurance at $100,000 per occurrence and $300,000 aggregate must give written notice and obtain consent at the outset of new representations; the rule is not retroactive, …
If opposing counsel copies their own client on an email, can a Washington lawyer hit reply-all and include that client?
Maybe. Reply-all to a represented client is permitted only if the represented client's lawyer gave consent, which can be implied from the facts and circumstances; copying one's own client does not by …
Can a Pennsylvania lawyer keep client information on a smartphone with apps installed?
Yes, with precautions. The opinion concludes a lawyer may use a smartphone but may not let an app share Rule 1.6 information unless the lawyer concludes no human will view it and it will not be sold o…
Does a Pennsylvania lawyer have to encrypt email to clients?
Not always, but more than before. The opinion concludes lawyers may still use email but must evaluate its security risks, that some highly sensitive information should not be sent by email without pre…
Can a Pennsylvania lawyer deposit a flat fee straight into the operating account instead of a trust account?
Sometimes. The joint opinion concludes a flat fee that is also "earned upon receipt" need not go into a Rule 1.15 trust account if the agreement says it is non-refundable and earned upon receipt; any …
When may an Ohio judge write a letter of recommendation, and can the judge use court letterhead?
A judge may write a letter of recommendation only when it is based on the judge's firsthand personal knowledge of the individual, and may use court letterhead in that case; without personal knowledge,…
Can an Ohio judge teach a course or give a speech, and accept pay or expense reimbursement for it?
The opinion concludes a judge may teach a course or CLE and accept compensation and expense reimbursement, and may give a speech with expense reimbursement but not compensation, because the Ohio Ethic…
Can a New York lawyer be sold to, merge into, or work for a foreign law firm that has nonlawyer owners?
Generally no. The opinion concludes a New York lawyer may not practice in a firm (in New York or elsewhere) with direct or indirect nonlawyer ownership unless the lawyer principally practices in the o…
Can a solo practitioner use 'and Associates' in the firm name when the only other lawyers she works with are employed by other firms?
No. The opinion concludes that 'associate' means a lawyer employed by the firm, so a sole practitioner with no employed lawyers may not call lawyers at other firms her 'associates' or use 'and Associa…
When a Kentucky lawyer serves as a court-appointed guardian ad litem, who is the client, and can the lawyer take protective action against the client's wishes?
The guardian ad litem owes ethical duties to the minor, prisoner, or disabled person as the client, not to the court. If that client has diminished capacity and faces substantial harm, the lawyer may …
Can a New Mexico lawyer split a fee with a lawyer in another firm who only signed up the client and did no work?
No. A fee split with a lawyer who performs no services and assumes no responsibility is an impermissible referral fee. Lawyers in different firms may divide a fee only if the division is proportional …
May my debt-collection firm send the required CFPB model validation notice without listing our attorneys or a signature block?
Yes. The panel concluded it is permissible under the Rules of Professional Conduct to send the CFPB model validation form without listing each attorney or including a signature block. Rule 7.5(b) does…
Is it advertising or prohibited solicitation for a lawyer to ask a fertility clinic to list him on its website as an assisted-reproduction lawyer?
It is advertising, not solicitation. The opinion concludes that asking to be listed on the clinic's website is attorney advertising subject to Rule 7.1, but is not a solicitation because it is not dir…
What may a Wisconsin lawyer do when a client has become a fugitive, and must the lawyer disclose the client's location?
The opinion concludes that a fugitive client's location is protected by confidentiality and often privileged, so the lawyer neither must nor may disclose it absent client consent or a court order. The…
Can a lawyer who switches to inactive status in New Hampshire still collect referral fees for matters referred to active lawyers after the status change?
The opinion concludes an inactive lawyer may not enter a referral-fee agreement with an active New Hampshire lawyer for matters that first arose after the change to inactive status, because making the…
Can a lawyer not licensed in New Jersey work remotely from a New Jersey home for an out-of-state firm or company without engaging in the unauthorized practice of law?
The Committees conclude a non-New-Jersey-licensed lawyer may work remotely from a New Jersey home on out-of-state matters, so long as the lawyer does not practice New Jersey law and does not maintain …
Does a lawyer have to arrange an interpreter or translator when the lawyer and client do not share a language?
A language barrier, or a client's hearing, speech, or vision disability, does not lessen the lawyer's duties of communication and competence. The opinion says the lawyer, not the client, must evaluate…
Can an estate-planning lawyer own a separate company that manages the assets of trusts the lawyer sets up for clients?
Yes, with safeguards. The opinion concludes the lawyer's interest in the management company is a consentable Rule 1.7 conflict requiring informed written consent at the outset, that nondistinct nonleg…
Can a solo practitioner put his late father's name on the firm letterhead when the father never practiced with the firm?
No. The opinion concludes a firm may not list on its letterhead the name of a deceased attorney who is not in a continuing line of succession with the firm, because the implied affiliation is deceptiv…
If my client lies during the other side's deposition cross-examination, do I have to correct it or tell the court?
Per the Committee, no; a lawyer has no duty to correct a client's intentionally false statements elicited by opposing counsel on cross-examination at a deposition, because mere silence is not 'assisti…
Can a law firm employ a lawyer who has been suspended or disbarred, for example as a paralegal, and what conditions apply?
The opinion concludes a lawyer or firm may employ a disqualified or suspended lawyer if that lawyer does not practice law, is closely supervised, and both comply with Gov.Bar R. V(23), which requires …
Can a lawyer accept a settlement offer for a client after the client has died, and may the lawyer stop pursuing the matter?
No to settling, yes to stopping. The opinion concludes that a client's death terminates the lawyer's authority, so the lawyer may not accept a settlement without authorization from the decedent's duly…
Can a lawyer in a state that bans nonlawyer firm ownership passively invest in a firm with nonlawyer owners in a state that allows it?
Yes. The opinion concludes that a lawyer in a Model Rule 5.4 jurisdiction may make a passive investment in an alternative business structure (a firm with nonlawyer owners) operating where such firms a…
Can a lawyer enclose a draft complaint with a demand letter and say it will be filed if the matter is not settled by a deadline?
Yes, in most cases. The opinion concludes that threatening to file an enclosed draft complaint by a deadline is permissible, except in unusual situations where the threat is a false statement under Ru…
Does Nevada allow a lawyer to obtain a client's advance waiver of future conflicts of interest, and what must the waiver contain?
Conditionally yes. The Committee concludes that prospective (advance) conflict waivers are permitted under Nevada RPC 1.7 if they meet every requirement for waiving a present conflict, including that …
Is an out-of-state firm's mass email to a list of New Yorkers seeking class-action plaintiffs a regulated solicitation?
Yes. The opinion concludes that an email blast to a list of specific New York individuals seeking class-action plaintiffs is both an advertisement and a solicitation under Rules 7.1 and 7.3, and New Y…
After Arizona eliminated its fee-sharing ban, can a lawyer use a lender that keeps a share of the lawyer's fees, and what must the lawyer disclose?
Yes. With Former ER 5.4 abolished as of 2021, a lender may retain part of the lawyer's fee; the lawyer may pass that cost to the client only if the total fee stays reasonable and fully disclosed, must…
Can a lawyer use a website domain name that is different from the name the firm practices under?
Yes. The opinion concludes a lawyer may use a domain name (such as a descriptive practice-area name) that differs from the firm name, as long as neither the firm name nor the domain name, separately o…
Can a law firm make an associate sign an agreement to pay the firm a percentage of fees earned after departure from clients who follow the associate?
The opinion concludes a law firm may not require an associate to sign an employment agreement that makes the departing associate pay the firm a percentage of fees earned thereafter from clients who ch…
Can a new judge accept outstanding fees from a former law firm, and must the judge recuse from cases where that firm appears?
The opinion concludes a judge may accept fees earned for legal services performed before taking office, but must recuse from cases in which the former firm appears while the judge is receiving or anti…
If an Arizona lawyer uses a social worker who is a mandatory child-abuse reporter, what must the lawyer tell the client about confidentiality?
The lawyer must advise the client that the social worker may be legally required to report abuse or neglect even when the lawyer cannot, and let the client decide whether to use the social worker; for…
Can a D.C. lawyer serve on the board of directors of a company that the lawyer also represents as legal counsel?
The opinion concludes there is no per se bar to a D.C. lawyer simultaneously serving as counsel and as a director of an entity-client, but the lawyer must first determine whether the directorship crea…
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.