Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try a different search term or clear the filters.
Must a law firm shred its waste paper or obtain guarantees from a recycler before recycling documents that may contain client confidences?
The opinion concluded that Rule 4 requires a lawyer to protect confidential information in waste paper, but does not generally compel any particular disposal method or require shredding. It is enough …
Can a lawyer who represents a county in appellate and tax matters also sue the county's department of social services on behalf of other clients?
The opinion concluded that the lawyer may take the case against the county's department of social services, but only with the consent of both the county and the new clients. A lawyer generally may not…
Must a lawyer report suspected child abuse learned in confidence from clients to social services, despite a statute requiring 'any person' to report?
The opinion concluded that, as an ethical matter, a lawyer is not required to report child abuse learned in confidence from clients, because Rule 4 protects client confidences and nothing in the repor…
Can a lawyer disclose a client's identity and contagious-disease diagnosis to public health authorities without the client's consent?
The opinion concluded that a lawyer may not reveal a client's identity and contagious-disease infection to public health authorities without the client's consent. Because the information was gained in…
If an employee tells a corporation's lawyer that the company committed crimes, must the lawyer confront the client, withdraw, or report it to authorities?
The Committee concluded the lawyer's client is the corporation, so he must report the employee's allegations up to the president and directors under RPC 1.13(b); he need not withdraw unless the corpor…
Can a New Jersey lawyer buy a client's own judgment at a discount?
The Committee held that a lawyer may purchase a client's JUA judgment at a discount, with full RPC 1.8(a) disclosure and written consent, only after judgment has been entered, because the lawyer is th…
Can the same lawyer be both the municipal attorney and the municipal prosecutor for the same town?
The Committee held that a municipal attorney may not also serve the same municipality as municipal prosecutor, because the municipal attorney advises the town on matters that may become relevant to mu…
Can a lawyer interview a former employee of an opposing corporate party ex parte, without going through the company's counsel?
The opinion concluded a lawyer may contact a former employee of an opposing party ex parte, because a former employee cannot bind or speak for the corporation, unless the contact is intended to elicit…
Under former California Rule 4-100, how much of an attorney's personal funds may be kept in a common client trust account to cover bank charges, and may an attorney keep personal funds in the trust account as a buffer against overdrafts?
The opinion concluded that under former Rule 4-100(A)(1), an attorney may keep in a common client trust account personal funds 'reasonably sufficient to pay bank charges,' with the amount tied to the …
If a law firm represents a trade association, can it also take on a client suing one of the association's individual members?
The opinion concluded that the answer turns on whether the individual member is itself a client of the firm: if the member is a client, the firm needs both clients' consent and a reasonable belief the…
Does a lawyer violate the rules of professional conduct by entering into a sexual relationship with a client during the representation?
The opinion concluded that, although no Model Rule or Code provision expressly prohibited it, a sexual relationship between lawyer and client during the representation may violate the rules because it…
Can a lawyer threaten to bring criminal charges against the opposing party to gain leverage in a civil case, or agree to drop such charges as part of a civil settlement?
The opinion concluded that the Model Rules, unlike the former Code's DR 7-105(A), do not prohibit using the possibility of criminal charges to gain civil relief, provided the criminal matter is relate…
If a lawyer suspects opposing counsel never told their client about a settlement offer, can the lawyer contact the opposing party directly, or advise their own client to do so?
The opinion concluded that under Model Rule 4.2 a lawyer may not contact the represented opposing party to ask whether a settlement offer was communicated, even if the lawyer seriously doubts that it …
In Kentucky, may a lawyer give loans, gifts, or campaign contributions to a judge before whom the lawyer practices?
The opinion concluded a lawyer may not give a judge loans or gifts, may extend ordinary social hospitality, and may contribute to a judicial campaign in a manner consistent with the Code of Judicial C…
In Kentucky, did adopting the Rules of Professional Conduct overturn the rule that a prosecutor and the prosecutor's firm cannot try defendants the prosecutor is suing in civil litigation?
No. The opinion concluded the 1990 Rules did not overturn the prior opinions and decisions; a prosecutor still should not try a defendant the prosecutor is embroiled with in civil litigation, and the …
If a client offers to slant testimony for money and won't take it back, can the lawyer tell the court, and can the firm still represent the other parties?
The opinion concluded the lawyer has discretion to reveal the offer to tailor testimony for pay once the client is counseled and refuses to rectify it, and that the lawyer and the whole firm are disqu…
Can a judge sentence a criminal defendant to pay money into a school or charitable education program?
The opinion concluded that a judge may not impose sentences requiring criminal defendants to pay money allocated to educational, religious, charitable, fraternal, or civic activities unless the senten…
When separate lawyers handle a real estate closing, what form of funds must the purchaser's lawyer use to disburse to the seller's lawyer, and who pays for certified funds?
The committee concluded that the Wet Settlement Act's strict requirements on the form of immediately disbursable funds apply even when purchaser and seller have separate counsel, so disbursement to th…
Can a part-time assistant prosecutor share office space with a criminal defense attorney?
The opinion concluded that an assistant county prosecutor in part-time private practice may share or sublet office space from a criminal defense attorney, provided client confidences are protected thr…
Can a lawyer who is also a farmer advertise legal services in a farming trade magazine using farming experience?
The opinion concluded that a lawyer engaged in both law and farming may place a legal advertisement in a farmers' trade magazine truthfully citing 20 years of farming experience and may list general p…
Is it unethical for a lawyer to secretly tape-record a meeting with a government agency investigating the lawyer's client?
The opinion concluded that a lawyer who taped a meeting attended by the lawyer, his client, and federal-agency representatives investigating the client committed no ethical violation, even without rev…
Can a California attorney pursuing a client's fee dispute against former counsel threaten to have the client report that counsel to the State Bar to gain an advantage?
The committee concluded that an attorney involved in a fee dispute on a client's behalf against former counsel is subject to disciplinary action if the attorney threatens to have the client present cr…
Can a lawyer talk to a client about the client's testimony during a recess in the middle of the client's examination?
The opinion concluded it is ethically permissible for a lawyer to speak with a client about the client's testimony during a recess in a civil trial, as long as the lawyer does not counsel or assist th…
What must appointed counsel do when a death-sentenced client with a history of mental illness moves to drop his post-conviction petition and be executed?
Formal Ethics Opinion 92-F-129 concluded that appointed counsel for a death-sentenced client who, with a history of mental illness, filed a pro se motion to dismiss his post-conviction petition, waive…
Must a lawyer hold advanced, retainer, flat, and prepaid fees in trust, and can a retainer be nonrefundable?
Formal Ethics Opinion 92-F-128 concluded that all unearned attorney fees of any kind, including retainer, advanced, general, special, flat, and prepaid fees and advanced costs and expenses, are funds …
In a workers' compensation case, may the employee's lawyer communicate directly with a claims adjuster employed by the insurance carrier when the carrier is a represented party?
The opinion concluded no; an insurance adjuster is responsible for making or assisting litigation decisions, so the anti-contact rule bars opposing counsel from contacting the adjuster without the car…
Does a lawyer have an affirmative duty to report a judge's misconduct to the Judicial Inquiry Commission?
The opinion concluded that under Alabama Rule 8.3(b) a lawyer must reveal unprivileged knowledge of a judge's misconduct only 'upon proper request,' and is not required to make an affirmative report t…
As an attorney serving on a legislative investigative commission that holds public hearings, does Rule 3.6's trial-publicity limit constrain my conduct?
The panel advised that Rule 3.6 applies to the attorney's conduct as a commission member but does not bar participation in the commission's mandated activities; asking questions at a hearing is not a …
After a mass disaster, can a lawyer contact victims to offer representation, and what kinds of advertising or mailings are allowed?
The opinion concluded a lawyer may not solicit clients in person or by phone for pecuniary gain, but may advertise in the media and send direct mail labeled as advertising, subject to a bar on misrepr…
Can a lawyer take a subrogation case on a contingent fee from an insurer that is financially able to pay by the hour?
Yes. The opinion concluded a lawyer may accept a subrogation case on a contingent fee from a client who wants that arrangement even though able to pay hourly, provided the client is fully informed of …
When a third party claims money a lawyer is holding for a client, when must the lawyer honor that claim instead of paying the client?
The opinion concluded a lawyer must honor a third-party claim only if it is a facially valid assignment or a statutory lien brought to the lawyer's attention; if the client tells the lawyer to disrega…
Does the no-contact rule (Rule 4.02) bar a lawyer representing a city employee in a grievance from communicating with other city employees?
The Committee concluded Rule 4.02 applies even when no litigation is pending or contemplated, so the lawyer generally needs the city attorney's consent to contact managerial city employees or those wh…
Can a Michigan lawyer who is also a licensed insurance agent sell insurance to law clients, share an office between the two businesses, and solicit legal work from insurance customers?
The opinion concluded that a lawyer/insurance agent may sell insurance to law clients if the business-transaction, confidentiality, and conflict rules are met, may office-share the two businesses if t…
If a lawyer represents several plaintiffs and some want to accept a case-evaluation award while others reject it, can the lawyer keep representing all of them?
The opinion concluded the split creates a conflict, but because it arises from the clients' differing settlement decisions rather than a factual or legal dispute, the clients may waive it; otherwise t…
Can a lawyer donate legal services to be auctioned at a charity fundraiser, and on what conditions?
The opinion concluded that a lawyer may donate legal services to a charity or nonprofit to be auctioned to the highest bidder, provided the lawyer is competent in the donated service, the service and …
Can a lawyer represent settling parties when an adverse third party pays the fee, pays only if the parties settle on the third party's terms, and limits the lawyer to explaining that settlement?
No. The opinion concluded the arrangement is an impermissible conflict because being paid only if the clients settle, and only to explain the third party's proposed settlement, would materially limit …
I helped on a client's case while working for another lawyer; now that client wants me to sue that lawyer for malpractice. May I take it?
The panel advised that the representation is not per se prohibited because the attorney would represent the same client, so no former-client conflict under Rules 1.9 or 1.10 arises; but the attorney m…
A former personal injury client faked his claim and the FBI wants my help prosecuting him. May I assist, or must I keep his information confidential?
The panel advised that Rule 1.6 prohibits the attorney from assisting in the prosecution of the client; the attorney must maintain confidentiality, and if called as a witness must invoke the applicabl…
I did title and tax work for someone two years ago; now my bank client wants me to pursue a defaulted loan against him. May I?
The panel advised that Rule 1.9 governs and the attorney cannot continue to represent the lender in the collection matter against the former client unless the former client's informed consent is obtai…
My client insists I withhold settlement money owed to the treating doctor. Can I compel payment, and what are my options?
The panel advised that the attorney may not compel payment of the doctor's outstanding bill from the settlement funds, may move to withdraw under Rule 1.16(b)(3) if the client insists on a course the …
Can my law firm list paralegals, legal assistants, and office managers by name on the firm's stationery and office directory?
The panel advised that it is improper to list non-lawyers' names on law firm stationery and the office directory because doing so is itself misleading and can create a false impression of a partnershi…
I represent a guardianship estate and found the guardian made fraudulent withdrawals from an incompetent ward's funds. What must I do?
The panel advised that the attorney may not proffer a false accounting and must undertake remedial measures: counsel the guardian to disclose the withdrawals to the ward, and if the guardian refuses, …
May I send a letter to other Rhode Island lawyers touting my firm's litigation experience, and do the solicitation rules apply?
The panel advised that a letter directed exclusively to Rhode Island attorneys is permissible if it contains no false or misleading statements and includes the Rule 7.4 specialization disclaimer; the …
I unknowingly represented my client's litigation opponent in an unrelated workers' comp claim. May I keep representing my original client against him?
The panel advised that if the two matters are not the same or substantially related, Rule 1.9(a) does not preclude continuing the original representation, but because the attorney may hold information…
Must I disclose the existence of an unperfected state medical-services lien to the adverse insurer or the workers' comp court when settling my client's case?
The panel advised that Rule 1.6 bars disclosing the lien to the state agency or the insurer without the client's consent, but Rule 3.3(b) may require disclosure to the court if not disclosing would as…
My firm did estate planning for a judge. Can I still appear before that judge?
The panel concluded that the attorney may appear before the judge so long as the appearance does not impact the tribunal's impartiality and does not create an appearance of professional impropriety; i…
A judge told all lawyers we must inform the court if a client leaves a court-ordered program. Would disclosing that violate my duty of confidentiality?
The panel concluded that the attorney would not violate Rule 1.6 by disclosing the information if the attorney complied with a final order of a court of competent jurisdiction requiring the disclosure…
If a lawyer is disqualified as trial counsel because she will be a witness, can she still handle pre-trial matters and help substitute trial counsel?
The opinion concluded that a lawyer likely to be a necessary witness at trial, though barred from acting as trial counsel under Rule 3.7(a), may represent the client in most pre-trial proceedings and …
May a lawyer accept a contingent-fee client referred by an independent nonlawyer paralegal advisor who has a separate contract for 17% of the client's recovery?
The opinion concluded yes on these facts; if the lawyer and the advisor are genuinely independent with no cooperative arrangement, the lawyer's own customary contingent fee is not improper, and there …
I hold a condo deposit as escrow agent; my client and the purchaser both claim it. What do I do with the disputed funds?
The panel advised that under Rule 1.15 the attorney may have a duty to protect the purchaser's interest against the client's claim and may refuse to surrender the funds to the client, should keep the …
My ad lists my name, address, areas of law, and bar memberships. Does it comply with Rhode Island's advertising rules?
The panel declined to pre-approve the ad but advised that under Rules 7.2 and 7.4 the advertisement must contain no false or misleading statements, and if it indicates the lawyer concentrates in parti…
Can I hand my client the insurance settlement check when I'm worried the client's later testimony might turn out to be fraudulent?
The panel concluded that the attorney may deliver the check to the client under Rule 1.2(d), because the attorney had no knowledge of and did not assist in any possible fraud and had taken reasonable …
I once represented a husband and wife; now the wife is my current client's adversary in a matter about the same property. May I continue?
The panel advised that because the present matter is substantially related to the prior joint representation (both concern the parties' interest in the same real estate), Rule 1.9(a) bars continuing a…
Can a law firm let a nonlawyer staff leasing company run debt-consolidation services for its clients under the firm's name?
The opinion concluded no: where the firm neither supervises the nonlawyers' work nor keeps a direct relationship with clients, the arrangement aids the unauthorized practice of law, and it also risks …
When a partner moves to a firm on the other side of pending cases, can a screen let the new firm keep those cases, and can the partner keep a financial interest in his old firm's fees?
The committee concluded that a screen could not cure the side-switch conflict, because the former-client rule requires the former clients' consent; absent it, neither the lawyer nor his new firm could…
Can a Michigan law firm franchise its trade name to other unaffiliated lawyers who would practice under that single firm name?
The opinion concluded a lawyer may not franchise a firm trade name to other lawyers or firms that are not actually in a partnership or professional corporation relationship with the franchisor, becaus…
Is a lawyer who serves part-time as a state hearing referee disqualified from city-attorney cases involving the same insurer that appears before the referee?
The opinion concluded that the lawyer is not automatically disqualified, provided the lawyer owes no duties to the insurer as assistant city attorney and did not participate personally and substantial…
Can a judge sign a public resolution asking local officials to act on a private employer's plant closing?
The opinion concluded that a judge may not sign a resolution requesting specific action by the mayor and county board over a local employer's business closings, because the resolution is non-neutral p…
May a lawyer pay a marketing company that runs seminars, and how the company is compensated, when attendees also get a private consultation with the lawyer?
The opinion concluded paying the marketer per attendee is permitted as public communication, but paying it based on the number of private consultations the lawyer books violates the rule against payin…
Can a lawyer let a paralegal do all the client contact, then just draft documents or file pleadings from the paralegal's notes without ever meeting the client?
No. The opinion concluded a lawyer who never meets or speaks with the client and works only from a legal assistant's information fails to exercise the required professional judgment; the lawyer must h…
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.