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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When does a lawyer's duty to tell the court about directly adverse controlling authority end?
The opinion concluded that the duty under SCR 20:3.3(a)(3) to disclose directly adverse legal authority from the controlling jurisdiction continues until disclosure would no longer be useful to the tr…
Does serving as bond counsel for a state agency make the whole state government the firm's client and bar it from representing private clients adverse to other state agencies?
The committee concluded that, absent special circumstances, representing one state agency (here as bond counsel for the State Treasurer) does not make the whole Commonwealth the firm's client and does…
If a witness tells a lawyer that an unfiled affidavit the client prepared is perjurious, what does the lawyer owe the witness, the client, and the court?
The committee concluded the lawyer must tell his client about the witness's recantation, may not file the affidavit the witness now calls perjurious, and has nothing to report to the court because the…
Can a lawyer disclose a client's identity in response to an IRS summons about cash fees over $10,000 when the client refuses to consent?
The committee concluded that, with the client refusing consent and no Supreme Court decision settling that the tax-reporting law overrides confidentiality, the lawyer should resist disclosing the clie…
Can a government lawyer use privileged corporate documents that a whistleblowing former employee leaked to a regulator, with no government involvement in taking them?
The committee concluded the Disciplinary Rules did not bar the government lawyer from possessing and using the documents, privileged or not, where a former employee leaked them on his own initiative, …
Can a lawyer discuss confidential client matters over a cellular telephone?
The committee concluded that a lawyer should not discuss confidential information on a cellular telephone if there is any nontrivial risk it could be overheard by a third party, unless the client cons…
Can a lawyer take a contingent fee to collect delinquent child support after a divorce is final, and can it cover future payments?
The committee concluded a contingent fee to collect delinquent child support is permitted once the divorce is final, but the fee may not turn on a criminal contempt outcome, and a fee on future paymen…
Can a lawyer bill a client at an hourly rate for a secretary or file clerk's time just because the staffer earned a weekend paralegal certificate?
The committee concluded a lawyer may bill an agreed hourly rate for support-staff time if the client agrees in advance and the fee is not illegal, unconscionable, or misrepresentative; the lawyer must…
Can a former government lawyer put the state seal or the scales of justice on a private-practice business card?
The committee concluded that using the scales of justice on a card is appropriate because it accurately signals a legal professional, but using the state seal would be misleading under Rule 7.1 by sug…
Can a lawyer withdraw from a personal-injury client who appears mentally incapacitated, unresponsive, and possibly arrested out of state?
The committee concluded the lawyer is not required to withdraw and, although Rule 1.16(b) would normally permit withdrawal, here it would materially harm the apparently incapacitated client; the lawye…
Can a lawyer join a barter exchange that takes a 10% commission when the lawyer spends the credits earned from legal fees?
The committee concluded the arrangement clearly violates Rule 5.4's bar on sharing legal fees with a non-lawyer and Rule 7.2(c)'s bar on paying a non-lawyer a commission for channeling work, because t…
Can a state agency staff lawyer also sit as a hearing officer on the panel that reviews protest matters involving his own agency?
The committee concluded a staff lawyer may not serve as a panel hearing officer while continuing to represent the agency, because the duty of impartiality conflicts unwaivably with zealous advocacy un…
Can a law firm whose lawyers volunteer to prosecute in a solicitor's office also defend clients being prosecuted by that same office?
The committee concluded the firm may not, even where no firm member would prosecute that client, even with screening, and even with both the solicitor's and client's consent, because the firm's ongoin…
Can a lawyer take court-appointed indigent criminal defense in one circuit when a firm member is a part-time solicitor in a different circuit?
The committee concluded it is not a violation for a firm's lawyers to be court-appointed to defend indigent criminal defendants in a different circuit from where a firm member serves as a part-time so…
What must a lawyer do when subpoenaed to testify about a client's whereabouts in family court?
The committee concluded the lawyer should not voluntarily reveal the client's address, which is information relating to the representation under Rule 1.6, and must invoke the attorney-client privilege…
What should a lawyer holding estate funds do if the administratrix client may divert them, and can the firm also be sureties on her bond?
The committee concluded the lawyer may not help the administratrix divert estate funds and should seek the Probate Court's instructions, revealing confidences only as needed to prevent a crime; and th…
Can a lawyer who contracts to represent one state agency sue a different, unrelated state agency on behalf of a town?
The committee concluded the lawyer is not prohibited from representing the town against the Department of Corrections, because that agency and the Social Services agency the lawyer contracts with are …
Can a lawyer set up an online law office to give legal information and advice nationwide, and what limits apply?
The committee concluded that offering general legal information online is permitted, but running an electronic law office raises advertising, multijurisdictional-practice, conflicts, and confidentiali…
Does a lawyer's mailed brochure that contains only information allowed by the advertising rule still have to follow the direct-solicitation rule?
The committee concluded that Rule 7.2 does not stand apart from Rule 7.3, so a mailed brochure must comply with Rule 7.3(b), and the Rule 7.3(c) notices are required only when it is sent to a recipien…
Can a plaintiff's lawyer interview a corporate defendant's current or former employees, before or after suit, without the corporation's counsel present?
The committee concluded that Rule 4.2 bars contact with current employees who can bind the corporation, and with former employees whose conduct is the subject of the matter or imputable to the corpora…
Can a discharged legal-services lawyer reveal confidential client information to defend against substandard-performance claims in a termination appeal?
The committee concluded that under Rule 1.6(b)(2) the lawyer may reveal confidential information as necessary to respond to the performance allegations in his appeal before the agency board, limited t…
Can a lawyer reveal confidential client communications to defend himself in a Social Security Administration investigation of his own conduct?
The committee concluded that under Rule 1.6(b)(2) the lawyer may reveal confidential information as necessary to respond to allegations about his representation in the SSA proceeding, limited to what …
When a successor lawyer settles a workers' comp case, what does she owe the discharged prior lawyer who had a contingency agreement and a fee claim?
The committee concluded the successor must hold the settlement funds, notify the prior lawyer, and deliver what he is owed under Rule 1.15 if he has a lien or fee interest, and must disclose the prior…
If a client signed a doctor's lien but the fee contract is silent on it, can the lawyer follow the client's instruction to disregard the lien and pay the client?
The committee concluded a lawyer who knows the client made a valid assignment of litigation proceeds to a medical provider may not ignore the assignee's rights and pay the funds to the client, even if…
Can town counsel sue a town agency she is currently representing in unrelated litigation, at the selectmen's direction?
The committee concluded that, in narrow circumstances, town counsel may sue a subordinate agency she currently represents elsewhere, where the two matters are unrelated, she holds no relevant confiden…
Is it a conflict to represent a wife in a divorce against a man the firm represented in a different divorce sixteen years earlier?
The committee declined to give a definite answer on the sparse facts, but said under Rule 1.9 the firm must not take the case without the former client's consent if the two divorces are substantially …
When a government agency lawyer learns from opposing agency counsel that a cleared employee was actually guilty, what may the agency lawyer do with that information?
The committee concluded the agency lawyer, as counsel for the organization under Rule 1.13(b), may proceed as reasonably necessary in the organization's best interest, and should also weigh whether th…
If a lawyer contracts to represent a state agency in one county, can the lawyer's firm be appointed against that agency in another county?
The committee concluded that because the statewide agency is the client, neither the contract attorney nor any member of the firm should represent a defendant or guardian ad litem in the agency's case…
Can a firm that jointly represented a couple in an adoption later represent the husband in their divorce and custody case over the wife's objection?
The committee concluded Rule 1.9 prohibits the firm from representing the husband, because the prior adoption matter is substantially related to the divorce and custody case, the spouses' interests ar…
After a lawyer withdraws from representing a conservator due to a conflict, can the lawyer's partner sue on the ward's behalf against a related party?
The committee concluded that because the withdrawing lawyer's conflict between the grandmother and the minor is imputed to his partner, the partner cannot represent the minor in the related litigation…
Can a lawyer's firm represent a wife in a divorce against a husband the firm formerly represented in a child-custody case?
The committee concluded the firm may represent the wife in a divorce-only matter if no duty of confidentiality to the husband would be violated, but representation is unlikely to be permissible withou…
Can a lawyer privately review and comment on a case a judge has under advisement when the lawyer represents no party in it?
The committee concluded the rules do not prohibit a lawyer from complying with a judge's request to review a pending matter, and the lawyer has no obligation to notify the parties' counsel because not…
Can an Illinois lawyer join a for-profit lawyer referral service that pays the service for sending clients?
The opinion concluded that an Illinois lawyer may not participate in a for-profit lawyer referral service, because Rule 7.2(b) permits paying the usual charges only of a not-for-profit lawyer referral…
Can a South Carolina lawyer use a collection agency, report a client to a credit bureau, or run a credit check to handle unpaid legal fees?
The committee concluded a lawyer may use a collection agency for past-due fees and may run a credit check if the client's status is not revealed, but should not report a non-paying client to a credit …
Can a law firm staff a for-profit car-phone legal-advice hotline run and advertised by a nonlawyer company?
The opinion concluded that a firm's participation in a for-profit cellular legal-advice hotline run by nonlawyers is professionally improper, because the promotion is misleading and omits a responsibl…
Can a lawyer send other lawyers a letter offering to serve as a mediator, and does the solicitation rule govern it?
The committee concluded that a letter to other lawyers offering mediation services is not a solicitation of legal employment, so Rule 7.3 does not apply, but the lawyer must still avoid false or misle…
Can a lawyer advertise a specific contingent fee rate, like '25% contingency fees for personal injury cases'?
The committee concluded a lawyer may advertise contingent fee rates only if the ad specifies whether the rate is computed net or gross of costs the client owes, because an unqualified rate is open to …
Can a lawyer reveal a former client's confidences to defend against the client's accusations or to collect an unpaid fee?
The opinion concluded that a lawyer may, in the lawyer's discretion, reveal client confidences reasonably necessary to defend against accusations of wrongful conduct or to establish or collect a fee, …
Does a lawyer have to tell clients about frequent-flyer miles earned on travel that the clients pay for as litigation expenses?
The committee concluded that a lawyer must disclose a personal benefit accrued at no extra cost from client-billed expenses if the client could claim the benefit or if the benefit is large enough to p…
When a firm lawyer can no longer do legal work, what must the firm do for that lawyer's clients before reassigning their matters?
The committee concluded that, even with a contract engaging the firm rather than a particular lawyer, the firm must inform the affected clients of the lawyer's condition and how their work will be han…
Can a lawyer who used to be the judge on a case advise the lawyers still litigating it, and does that disqualify their firm?
The opinion concluded that a former judge may not participate, even informally and without compensation, in a matter in which he was personally and substantially involved as a judge, and that a firm t…
Can one attorney represent the buyer, seller, and lender together at a real estate closing?
The committee concluded an attorney may represent all three parties to a real estate closing if the role is purely ministerial, with no negotiation, no problem jeopardizing the closing, no party relyi…
Can a lawyer pay a nonlawyer tax representative marketing or consulting fees for referring property-tax assessment cases?
The opinion concluded that it is professionally improper for a lawyer to participate in an arrangement where a nonlawyer engages in the unauthorized practice of law and the lawyer obtains referrals in…
Can a defense lawyer contact an unrepresented accident victim to offer restitution and forestall criminal charges against the client?
The committee concluded the lawyer may communicate with the victim, who is unrepresented because a state prosecutor does not represent a crime victim, subject to Rule 4.3's limits: disclosing his inte…
If a judge asks a lawyer ex parte to draft the order or judgment, can the lawyer do it without telling opposing counsel?
The opinion concluded that it is improper for a lawyer to engage in or respond to an ex parte request from a judge to draft an order or judgment without giving prompt notice to opposing counsel; draft…
Can a lawyer charge a client interest on litigation costs the lawyer advanced on the client's behalf?
The opinion concluded that a lawyer may charge a client interest on advanced litigation expenses, provided the agreement is in writing before any interest accrues and the rate and amount of interest, …
Can a law firm hire a sitting probate judge to practice law part-time outside of court hours?
The committee concluded a law firm may not hire a sitting probate judge as a part-time lawyer, because current law and Canon 4(F) of the Code of Judicial Conduct treat the probate judgeship as full-ti…
Can a lawyer advise a personal-injury client about, and help carry out, a company's purchase or assignment of part of the client's expected recovery?
The committee concluded that, assuming the financing is legal under South Carolina law, a lawyer may advise a client about it with candid disclosure of advantages and disadvantages under Rule 2.1, and…
Can a law firm team up with a health-care organization to market and run seminars on advance directives and then prepare them?
The opinion concluded that a firm may run advance-directive seminars with a health-care organization so long as the firm performs all legal services, any payment to the organization is limited to the …
Can a law firm that represents a municipality entertain the city's officials at parties or sporting events?
The opinion concluded that a firm may entertain officials of a client municipality at events such as holiday parties or picnics as ordinary social hospitality, and that individual sporting-event invit…
Can a part-time city judge, or a member of the judge's firm, also serve as part-time city attorney if that attorney does not prosecute in city court?
The committee concluded a part-time city judge may not also serve as part-time city attorney, because the appearance of impropriety and overlapping duties bar it, and that imputed disqualification und…
Can a partner of a municipality's attorney represent both the attorney and the municipality as co-defendants in the same lawsuit?
The committee concluded that co-defendants may be represented together, but only if the lawyer reasonably believes neither client's representation will be adversely affected and both consent after con…
Can a West Virginia lawyer refer a former client's overdue legal-fee account to a collection agency?
Yes. The opinion overruled the bar's earlier ban and held a lawyer may refer an overdue account to a collection agency, but only under eight guidelines, including exhausting other collection efforts, …
Can a lawyer prepare real estate closing documents but leave it to the broker to explain them and resolve legal questions at closing?
The opinion concluded that a lawyer who limits the representation to drafting closing documents and leaves the explanation of those documents and resolution of legal questions to the real estate broke…
Does a lawyer have to report another lawyer to disciplinary authorities for working a case despite a conflict of interest?
The opinion concluded that a conflict of interest does not normally rise to the level of misconduct that must be reported under Rules 8.3(a) and 8.4(a)(3)-(4); because the supervising lawyer's stock c…
Can a lawyer tell the other side that a win will be highly publicized but a settlement with a confidentiality agreement will keep it quiet?
The opinion concluded that proposing a settlement and confidentiality agreement as an alternative to projected media publicity if a judgment is obtained is not per se professionally improper, and that…
Can a lawyer represent new clients in the same matter as a former client when the new clients' interests line up with the former client's?
The opinion concluded that representing a client in the same or a related matter as a former client is not improper under Rule 1.9 unless the clients' interests are materially adverse; where the forme…
Can a lawyer take attorney's fees out of escrowed funds the lawyer is holding for a client without the client's consent?
The opinion concluded that a lawyer must keep client and third-party funds in a separate trust account and may withdraw fees from them only after notice to and written consent from the client; when th…
Does a lawyer have to report a client's past tax-law violations the lawyer learned about while representing the client?
The opinion concluded that where the lawyer's knowledge of a client's past tax violations is privileged or a 'secret' under Rule 1.6, the lawyer may not voluntarily disclose it to tax authorities or a…
Is it unauthorized practice for a nonlawyer to represent an employer at an Illinois unemployment-benefits hearing, and do lawyers in the same hearing aid it?
The opinion concluded that an employer's use of nonlawyers to prepare and present evidence and examine witnesses at unemployment hearings is the unauthorized practice of law, but that a lawyer who 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.