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 represent a corporate subsidiary while suing its parent company in a separate, unrelated matter?
The opinion concluded a lawyer may represent a wholly owned subsidiary and at the same time sue the parent in separate litigation, provided the subsidiary and parent are separate corporate entities, t…
I represented a borrower buying property. Can I now represent the seller of that same property in a civil assault suit against the borrower?
The panel advised under Rule 1.9 that the attorney may represent the seller in a civil suit against the borrower because the matters are not substantially related, but the attorney may not use informa…
I was a law clerk for the Workers' Compensation Court and now handle comp cases at a firm. Is there a waiting period before I can appear before that court's appellate division?
The panel advised that Rule 1.11's one-year abstention rule does not apply to the law-clerk pool; a former clerk may appear before the appellate division so long as the clerk did not participate perso…
I'm a court-appointed receiver of a corporation and work closely with one of its employees. Can I take on the employee's spouse as a client in an unrelated criminal case?
The panel advised that these circumstances do not create a conflict of interest under Rules 1.7, 1.8, or 1.9, because the receivership of the corporation and the representation of the employee's spous…
Can I bill an estate a flat percentage of its value for administering it if the client signed a written contract agreeing to that percentage fee?
The panel advised that Rule 1.5 governs and that the attorney should assess a fee that is reasonable under the circumstances and commensurate with the time and labor and the value of services rendered…
I represented a business owner in incorporating and a related lease. Can I now represent the broker suing that owner for a commission on the same business's sale?
The panel advised that Rule 1.9 governs and that it could not conclude the attorney's former representation of the seller (in incorporating the business and preparing a related lease) is not substanti…
In an earlier case, C paid part of my other clients' fees but I never represented C. Can I now represent A, who is C's co-defendant?
The panel advised that the attorney may represent Client A, because the fact that C once contributed to an earlier client's fee does not make C a former client; third-party payment is governed by Rule…
Can I run seminars for, and take client referrals from, a business owned by the probate judge I regularly appear before?
The panel advised that the attorney does not violate any Rules of Professional Conduct by conducting seminars for and receiving referrals from a non-legal organization owned by a probate judge, as lon…
Can a former assistant district attorney defend a criminal defendant on the same charges he helped investigate and indict as a prosecutor?
The opinion concluded a lawyer may not represent a criminal defendant on charges arising from an investigation and grand jury indictment in which the lawyer participated as an assistant or acting dist…
Can a criminal defense lawyer also represent the victim and the victim's mother, and tell them they need not cooperate with the prosecutor?
The committee concluded that simultaneously representing the defendant, the juvenile victim, and the victim's mother was per se improper under DR 5-105(A) and (B) and not curable under (C); advising t…
Can a lawyer who is an elected legislator vote on legislation that could affect clients of the lawyer's firm?
The opinion concluded that, on the facts presented, no rule required client consent or barred a D.C. Council member from voting on legislation that could affect clients or the future business of the m…
Can a D.C. lawyer assert a retaining lien on a former client's files for unpaid fees, and may the lawyer disclose a former trustee's confidences?
The opinion concluded that, since January 1, 1991, Rule 1.8(i) bars a lawyer from asserting a retaining lien on a client's property other than unpaid-for work product, so the lawyer had to return the …
Can a law firm take a contingent-fee or ownership interest in a client's new product that the firm helps market, and must it disclose that interest to potential buyers?
The opinion concluded that a lawyer or firm may acquire an economic interest in goods or services a client markets if the interest is disclosed and the client gives knowing, informed consent; the firm…
Can a Michigan solo lawyer who runs a professional corporation use a firm name that suggests a partnership and includes a spouse licensed only in another state?
The opinion concluded the sole shareholder of a Michigan professional corporation may not use a firm name that implies a partnership, nor one that includes the name of a person not licensed to practic…
Can a Michigan lawyer who is certified by the American Bankruptcy Institute advertise that certification and call themselves a specialist?
The opinion concluded that a lawyer who completed the American Bankruptcy Board of Certification program may advertise that they are certified by the American Bankruptcy Institute, including as a spec…
Can a lawyer run a seminar where a nonlawyer sponsor splits the attendee fee and people execute estate documents on the spot with little individual advice?
No. The opinion concluded a lawyer may not deliver legal services at such a seminar: it deceptively advertises personal advice the format cannot provide, splits fees with a nonlawyer sponsor, cannot p…
Can a former judicial law clerk, and his new firm, work on a related case after the clerk had substantial responsibility for it in chambers?
The committee concluded that the former law clerk had substantial responsibility in the matter and could not participate, professionally or financially, in a related new case even before a different j…
Can a lawyer settle a case using interrogatory answers he now knows are false, as long as he stays silent instead of repeating them?
The committee concluded that it would be improper for the lawyer to attempt settlement without first amending interrogatory answers he knows are false, and that staying silent would not save him, beca…
Can a referee running for judge use the title 'referee' or 'senior referee' in campaign ads?
The opinion concluded that a sitting referee running for judicial office may use the title 'referee' or 'senior referee' in a campaign advertisement, but the ad must identify both the court where the …
Can a law firm help a business corporation sell wills and other legal forms to consumers by mail?
The opinion concluded that it would be improper for a law firm to help a business corporation market legal forms where the sale includes advice and counseling, drafting, and execution instructions, be…
Can court referees and magistrates solicit financial support from law firms for their association's educational conference?
The opinion concluded that it is improper under Ohio Ethics Law (R.C. 102.03(D) and (E)), Canon 2B, DR 8-101(A)(3), and Canon 5B(3) for referees and magistrates to solicit or accept low registration f…
When a lawyer is hired by a parent to pursue a child's injury claim but the parent then wants to drop it, who is the client and what must the lawyer do?
The opinion concluded the minor child, not the parent, is the client; when the parent's interest in dropping the claim conflicts with the child's, the lawyer should seek appointment of a guardian ad l…
My spouse is the state chief hearing officer who assigns cases. Can I, as a private attorney, appear before other hearing officers in her division if she recuses from my matters?
The panel advised that under Rule 1.8(i) the disqualification is personal to the attorney-wife and is not imputed to the office, so the attorney-husband may appear before another hearing officer so lo…
I took over a case with a prior lawyer's lien on the file. The client says there was no fee deal and objects to paying. Can the prior lawyer be paid?
The panel advised that Rule 1.5(e)'s fee-division conditions are not met because the client never consented to a fee division, that the prior attorney's fee is instead determined by quantum meruit for…
I drafted a mortgage assumption agreement for a bank at my old firm. Can I now handle the bankruptcy of the person who assumed that mortgage?
The panel advised that a conflict of interest exists under Rule 1.9, because the propriety of a subsequent adverse representation turns on whether the former and present matters are substantially rela…
A commission subpoenaed my client's billing records. Must I turn them over without the client's consent, and can I be forced to testify about the representation?
The panel advised that Rule 1.6(a) bars revealing information relating to the representation without the client's consent, so absent a waiver the lawyer must invoke the privilege whenever it is approp…
I recovered settlement funds split between a divorcing husband and wife; the wife objects to my one-third fee coming from her share. What do I do with the money?
The panel advised that because no written contingent fee agreement was made with the wife (Rule 1.5(c)), the disputed fee must be kept separate under Rule 1.15 until resolved, the undisputed portion p…
If a lawyer learns the client is using her work, like an opinion letter, to keep defrauding a bank, must she withdraw, and may she disavow that work even though it hints at the client's fraud?
The opinion concluded that a lawyer who knows or reasonably believes her services or work product are being used or will be used to perpetrate a fraud must withdraw, and may disaffirm documents she pr…
When a client's collection matter has gone dormant for years, can the firm take a new case against that same client?
The opinion concluded that a collection client whose matter has lain dormant (here, 18 months with little chance of recovery) becomes a former rather than current client, so the firm may sue that clie…
Can a lawyer who was a city's part-time general counsel later represent a different government agency in a matter he handled, and can his firm?
The opinion concluded that the lawyer himself may not represent another government agency in a matter in which he participated personally and substantially for the city, but his firm may if he is scre…
Can a lawyer who sits on the county board that funds the courts still appear as an advocate before those courts in Michigan?
The opinion concluded there is no per se bar to a lawyer-commissioner appearing before courts the county board funds, but the lawyer may not handle matters adverse to the county, matters in which the …
When a private law firm defends a court's judges in suits over their official acts, must those judges step aside or disclose when that firm appears before them in unrelated cases?
The judge must disclose the lawyer-client relationship to the parties and their counsel whenever a member of the firm representing the judges appears as an advocate; recusal is then a question of law …
My client put the case on hold, left the military, and I can't find them after exhausting every effort. Can I withdraw from the representation?
The panel advised that under Rule 1.16(b)(4), (5), and (6) the attorney may seek to withdraw from the representation, because a lawyer need not serve a client indefinitely when unsuccessful in locatin…
As a volunteer city solicitor handling a zoning fight against a manufacturer, can I take private work drafting an agreement for that manufacturer's trade association?
The panel advised that a conflict of interest exists under Rule 1.11(d)(2), which prohibits a lawyer serving as a public officer from negotiating for private employment with any person who is involved…
My client's former lawyer quit and now claims a lien on the file. Does the former lawyer still get paid when the lawyer, not the client, ended the case?
The panel advised that Rule 1.5(e) governs and that the fees should be divided according to quantum meruit, the fair value of services rendered before the former attorney's termination of the represen…
I once handled collection cases for a husband's companies. Can I now represent his wife in her divorce?
The panel advised that under Rule 1.9 the attorney may represent the wife in a domestic matter, provided the attorney does not use any information gained through the previous representation of the hus…
Can I pay a lawyer who was suspended for the work they did on the case before the suspension?
The panel advised that a suspended attorney may be paid a fee based on quantum meruit for the fair value of services rendered before suspension, and that under Rule 1.5(e)(1) a fee division between at…
I want to offer zoning-consulting services to a town and others after seeing a newspaper notice. Do the solicitation and advertising rules apply to me?
The panel advised that the attorney must comply with the Rules of Professional Conduct, including Rule 7.3 on direct contact with prospective clients (with the written-communication requirements of Ru…
Can I advertise and run law-related educational seminars, promoted by newspaper ads and direct mail, if the materials don't push my legal services?
The panel advised that a firm may provide legal seminars to clients and non-clients so long as neither the brochures nor the presentation recommends that the firm be employed; such seminars and brochu…
The lawyer who worked on my client's case before me was later suspended. Can the suspended lawyer or the firm be paid, and can I contact them about the fee?
The panel advised that the suspended attorney may be paid on a quantum meruit basis for the fair value of services rendered before suspension, that successor counsel may pay the fee to either the susp…
Can I mail a letter to business contacts who are not my clients telling them about pending legislation and urging them to contact legislators?
The panel advised that the proposed letter does not violate the rules on advertising (Rules 7.1-7.5) because its purpose is to inform the public of specific legislation rather than to solicit employme…
The court denied my motion to withdraw because no new lawyer appeared, and my client told me to stop all work. What are my obligations for the files?
The panel advised that under Rule 1.16(c), when a tribunal orders a lawyer to continue the representation the lawyer must do so notwithstanding good cause to terminate; so even though the client direc…
My firm used to represent a client in a family-law case. Can we now file a collection complaint against that former client for a different client?
The panel advised that, because the collection matter is not substantially related to the former family-law representation, Rule 1.9(b) permits the firm to file the complaint against the former client…
I hold settlement funds and a collection agency claims part of them for a client's hospital bill I am not sure was paid. Can I pay the client, or must I hold the money?
The panel advised that under Rule 1.15(c) the lawyer may refuse to surrender the disputed property to the client without breaching an ethical obligation, and that disbursing to the client would not vi…
Can my firm ask new personal injury and workers' comp clients to advance money for future costs, keep it in a client account, and draw on it as needed?
The panel advised that the proposed procedure is guided by Rule 1.15 (Safekeeping of Property), and that as long as the firm follows Rule 1.15 precisely, including the deposit procedures in Rule 1.15(…
My divorce client stopped paying my hourly fees. When can I sue the client for what I am owed?
The panel advised that the attorney must first conclude the representation, either by finishing the litigation (for example by filing the final judgment as a step protecting the client under Rule 1.16…
Can a Rhode Island lawyer charge both a contingency fee and a fixed fee for services in the same litigation?
The panel advised that a fixed fee and a contingency fee for the same matter is not inconsistent with the Rules of Professional Conduct if the arrangement conforms to Rule 1.5 and its comments; the pa…
I am a town solicitor. A town council member and spouse have sued the town in their individual capacities for tax relief. Can I represent the town against them?
The panel advised that no conflict of interest exists, because the town solicitor represents the town and its agencies, not the individual council members, and Rule 1.13(d) requires the lawyer to make…
My elderly client, for whom I serve as trustee, now accuses me of misconduct and I doubt her capacity. Can I resign as trustee or return the trust assets to her?
The panel advised that the priority is protecting the client's interest: under Rule 1.14(b) the attorney may seek appointment of a guardian when the client cannot adequately act in her own interest, a…
I own stock in a constable-services company and use it for my clients, passing on the cost. Does that violate the conduct rules?
The panel advised that Rule 1.7 governs and the attorney must make full disclosure to clients of the attorney's interest in the constable corporation; if the attorney wishes to refer clients to it, th…
I co-own a corporation with a non-client. A new client wants me to act against that co-owner's separate business. May I?
The panel advised that Rule 1.7(b) governs and it could not conclude that the client's informed consent would be sufficient to avoid the conflict, finding the situation fertile with potential conflict…
I'm a volunteer city solicitor. Can I represent a city resident against the State under the Criminal Injuries Compensation Act when the underlying case was a city police prosecution?
The panel advised that under Rule 1.7, on the facts presented, there is no conflict of interest because the city is not a party to the criminal injuries compensation matter; the parties are the State …
I share office space with a lawyer who is also a city council member. Does that bar me from practicing before that city's municipal entities?
The panel advised that the described office-sharing arrangement is not a law firm under Rule 7.5 or the Rule 1.10 comment, because the stationery, malpractice insurance, and bank accounts are separate…
Can I represent a town's school department and at the same time represent other clients in cases against that town's zoning board?
The panel advised that under Rule 1.7 and its comment on enterprises with diverse operations, the school department and the zoning board of review are sufficiently diverse operations that the attorney…
A former client, now an adverse witness, objects to my representing a new client at an administrative hearing, claiming the matters are related. What controls?
The panel could not resolve the parties' conflicting facts but directed the attorney to Rule 1.9: if the matters are not substantially related, Rule 1.9(b) limits use of the former client's informatio…
In a newspaper directory of many small lawyer ads, can a single prominent disclaimer at the bottom of the page cover all of them, instead of one in each ad?
The opinion concluded that the required advertising disclaimer need not sit inside each individual ad; a single disclaimer displayed prominently across the bottom of a page of multiple lawyer ads sati…
Can a non-lawyer employer bill its clients for the work of its in-house lawyer without violating the rule against sharing fees with non-lawyers?
The opinion concluded a non-lawyer employer may bill clients for legal work done by its in-house lawyer only if the charge is limited to the employer's actual cost of providing those services; the emp…
Can a lawyer who is also a notary public notarize documents, such as affidavits and pleadings, for use in legal proceedings in which the lawyer appears as counsel?
The opinion concluded that there is no ethical impediment to a lawyer acting as a notary public and notarizing documents for use in legal proceedings in which the lawyer appears. The earlier restricti…
Can a law firm join a private referral service whose ads call its lawyers 'the best' and that omits the disclosures a lawyer referral service must include?
The opinion concluded that the firm may not participate as described. Rule 2.2(c) lets a lawyer join a private referral service only if its advertisements state that a free list of all participating l…
Can a law firm take an assignment of a client's judgment as payment or security for fees while it is still handling the appeal of that judgment?
The opinion concluded that a firm may not take an assignment of a client's judgment while it is conducting the appeal of that judgment, because Rule 5.3(a) bars a lawyer from acquiring a proprietary i…
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.