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.
When a paralegal switches firms, can the new firm screen her from a conflicted matter, and does a job-switching lawyer need the former client's consent?
The opinion concluded that when a paralegal moves to a new firm and is personally disqualified from a matter there because of substantially related work at the old firm, the new firm may ordinarily av…
When a lawyer sends a settlement check to opposing counsel 'in trust' on the condition that release documents be signed first, is the sending lawyer a client, and what happens if the receiving lawyer breaks the condition?
The opinion concluded that opposing counsel who receives a conditionally delivered settlement check is not the sending lawyer's 'client' under Rule 10.1(b)(4) and owes no accounting. By accepting the …
Can a law firm list nonlawyers, such as paralegals, on its letterhead, and does it matter if the nonlawyer is a disbarred lawyer?
The opinion concluded that the Rules of Professional Conduct do not prohibit listing nonlawyers as nonlawyers on law firm letterhead. Rule 2.3(c) bars only listing unlicensed persons as attorneys affi…
Can a lawyer let a legal assistant decide whether to take a case and represent the client in an administrative proceeding that allows nonlawyer advocates?
The opinion concluded that a legal assistant may appear as an advocate where the law authorizes nonlawyer representation, but the supervising lawyer must decide which cases to accept, exercise indepen…
My client has a mental disability. How do I handle the representation, and when should I seek a guardian?
The panel advised that under Rule 1.14 the attorney should, as far as reasonably possible, maintain a normal client-lawyer relationship with the client; if the client has no guardian or legal represen…
When a corporation's lawyer prepares a board member for deposition and the member reveals he caused the harm, must the lawyer warn him to get his own counsel and keep what he said confidential?
The committee concluded that the lawyer had to advise the former board president, an unrepresented person whose interests conflicted with the condominium, to seek independent counsel; could not contin…
Can a Mississippi lawyer participate in a for-profit prepaid legal services plan that pays a set amount per subscriber for defined services?
The opinion concluded a lawyer may participate in a for-profit prepaid legal services plan provided it preserves the lawyer's independent judgment and client confidences, avoids conflicts and improper…
If a Mississippi lawyer realizes he has been charging an excessive, statute-violating attorney's fee in collection cases, must he correct past judgments and refund overcharges?
The opinion concluded the lawyer must stop charging the excessive fee, amend pending cases, not collect any amount above the statutory fee on unsatisfied judgments, and use reasonable diligence to ide…
Can an Ohio judge sign a candidate's nominating petition or introduce a partisan candidate at a political dinner?
The opinion concluded that an incumbent judge may sign nominating petitions or declarations of candidacy for judicial and partisan candidates, and may attend a political dinner and be introduced as a …
Can an Ohio law firm advertise and run a pay-per-call dial-a-lawyer telephone legal advice service?
The opinion concluded that it is not improper for a law firm to advertise and operate a dial-a-lawyer service offering legal advice by phone for a fee, subject to several disciplinary rules on adverti…
Does an Ohio judge have to recuse when a lawyer who chairs the judge's campaign committee appears before the judge?
The opinion concluded that a judge is not required to disqualify when a lawyer who is the judge's campaign committee co-chairperson, or members of that lawyer's firm, appear before the judge, but sugg…
Does an Ohio lawyer have to return a former client's file on request, and can the lawyer hold the file for unpaid fees?
The opinion concluded that an attorney has an ethical duty to promptly deliver a former client's case files on request, including correspondence, investigatory materials the client paid for, pleadings…
Does the no-contact rule apply when a lawyer wants to communicate with a government agency or its employees that are represented by counsel?
The opinion concluded that DR 7-104(A)(1) applies to communications with a government party represented by counsel; a government party is an employee, official, or body with authority to bind or settl…
Can I serve as a party-appointed arbitrator when the lawyer who chose me is someone I've had a prior business relationship with?
The panel concluded that an attorney can serve as an arbitrator even if party-appointed, but cannot communicate with the attorney who appointed the arbitrator, prior to the hearing date, about any sub…
Can a part-time town judge represent private clients before the same town's zoning or planning board, and can the judge's law partners?
The opinion concluded that a part-time judge may not appear before the zoning board of appeals or planning board of the same municipality, but partners and associates are not automatically disqualifie…
Can a lawyer who is also an agent for a title insurance company represent a public agency and place the agency's title insurance with that company?
The opinion concluded that the lawyer may do so if both the agency and the title company consent after full disclosure, the agency is credited the fees the lawyer receives from the title company, no a…
Can an outside lawyer retained as a town's special counsel also represent private clients before the town's planning board or zoning board of appeals?
The opinion concluded that, absent actually differing interests, special counsel retained for a particular matter may represent private clients before the town's planning board or zoning board of appe…
Can a governmental entity consent to waive a lawyer's conflict of interest in New York, or must the lawyer always decline when a government client is involved?
The opinion abandoned New York's 'government cannot consent' rule and concluded that a governmental entity may consent to a conflict if the consent meets DR 5-105(C), the entity is legally authorized …
Can a board-certified lawyer advertise how few other lawyers hold the same certification, such as 'only 19 of 9,300 Alabama lawyers'?
The opinion concluded a lawyer may state that he is certified by the National Board of Trial Advocacy, but an advertisement comparing the number of certified lawyers to the number who are not is inher…
Can a Michigan probate judge hire a lawyer as a court employee to represent the juveniles and parents who appear before that judge?
Yes, but only if the judge does not interfere with the lawyer's independent judgment or the lawyer-client relationship, avoids ex parte contacts, and minimizes any appearance of bias; the lawyer must …
Can a lawyer sue a former client when the new matter is unrelated, and does the recency of the prior representation matter?
The opinion concluded that a lawyer may represent a plaintiff against a former client unless the matters are substantially related or the lawyer holds relevant confidences; the duty of loyalty ends wh…
Can a lawyer give a client a benefit, like rent-free office space, in exchange for the client hiring the lawyer for its legal work?
The opinion concluded that a lawyer may furnish rent-free office space to a client in consideration of the client's employment of the lawyer, because the rule against paying for recommendations does n…
If a borrower pays the lender's lawyer, must the lawyer tell the borrower he is also being paid by the title insurer, and can he keep both fees?
The opinion concluded that the lender's lawyer must disclose to the borrower, who pays the fee, that the lawyer is also compensated by the title insurer at closing and how much, and may retain both fe…
Can a lawyer serve as a client's part-time in-house counsel and also act as its licensed real estate broker?
The opinion concluded that a lawyer in private practice may serve as a client's part-time, salaried in-house counsel while still representing the client and its affiliates as outside counsel, and may …
In a case against multiple opposing parties, can a plaintiff's attorney condition a settlement on the settling parties' lawyers agreeing not to represent the non-settling parties, or on the settling parties asserting a conflict claim against those lawyers?
The committee concluded that it is unethical to participate in a settlement that, as a condition, either bars the settling opposing parties' attorneys from representing the non-settling opposing parti…
If a paralegal screens a prospective client and gathers case details, is that information confidential, and can it conflict the lawyer out of an adverse matter even if the lawyer never met the person?
Yes. The opinion concluded information a legal assistant collects from a prospective client is protected to the same degree as if the lawyer collected it, and if it is confidential and important, it c…
What should a lawyer who is not competent in criminal matters do when a court appoints him to defend an indigent criminal defendant?
Formal Ethics Opinion 92-F-127 concluded that an attorney appointed to a criminal case who believes he is not competent to render reasonably effective assistance should fully explain his background an…
When a client owes a fee on one matter but discharges the firm, can the firm hold the files for the client's other, fully-paid matters?
The opinion concluded that, absent a fee dispute or valid attorney's lien, a client's files belong to the client; the firm's lien reached only the file for the unpaid matter and it had to release the …
Can a judge let offenders choose between performing community service hours or paying money to a charity the judge picks?
The opinion concluded that a sentencing judge may not give offenders the option of performing a set number of community service hours or instead making a monetary contribution to a charity designated …
When can a plaintiff's lawyer contact a defendant company's employees without the company's lawyer's consent?
The opinion concluded that, without organization counsel's consent, a lawyer may not contact a current manager or employee whose acts or omissions may be imputed to the organization or whose statement…
Can a judge's spouse serve on a nonjudicial candidate's campaign committee, and can the judge sit on the dais at a political party event?
The opinion concluded that a judge's spouse may serve on the campaign committee of a nonjudicial candidate and appear as a committee member on campaign letterhead, and the judge may sit on the dais wi…
Must a lawyer retained by a workers'-compensation insurer notify the employer before settling a comp claim, when the insurer pays the settlement?
The opinion concluded yes; because the employer is also a client of the insurer-retained lawyer and the settlement concerns the employer's affairs, the duty to keep the client informed requires commun…
With the client's consent, can a lawyer keep the interest on trust funds, trade it for a lower fee, or invest trust funds overnight?
The Committee answered yes to all three: with the client's knowledge and consent, a client may waive interest on funds in a non-IOLTA interest-bearing general trust account (letting the lawyer receive…
When can a California attorney pay a referral fee to a lawyer who is not a partner or associate, when must the client consent, and does the referral fee have to reflect work the referring lawyer did?
The committee concluded that a referral fee may be paid to an unassociated attorney only if the client consents in writing after written disclosure of the division, the total fee is not increased by t…
If a firm that is outside counsel for a local government hires that government's own lawyer who worked the same case, is the firm disqualified?
The committee concluded that the former government attorney could not personally participate, professionally or financially, in the same matter in private practice, even though no adverse interests we…
Can a lawyer record a 900-number message giving general legal information and advertising his services, charge the line's owner, and share the call profits?
The opinion concluded that a lawyer may record a 900-number message of general legal information, may use it to advertise his services if it meets all advertising rules, may charge the nonlawyer owner…
Can a criminal defense lawyer own part of a company that provides court-ordered house arrest monitoring?
The opinion concluded that an attorney whose practice emphasizes criminal defense may acquire an ownership interest in a company that sells and provides house arrest programs to courts, but because th…
Can an Ohio judge who serves as executor or administrator of a family member's estate also prepare and file the probate documents?
The opinion concluded that a judge serving as administrator or executor for a family member's estate should not prepare and file the probate documents, because preparing and filing those documents is …
What may an attorney with inactive or retired registration status do, such as serve on a grievance committee, lecture for CLE credit, or work as a paralegal?
The opinion concluded that inactive or retired attorneys may serve on certified grievance committees and lecture for CLE credit if they do not practice law or hold themselves out as authorized to, but…
Can an Ohio lawyer participate in a televised group legal advertising program that routes calls by zip code?
The opinion concluded that the Code does not preclude Ohio lawyers from participating in televised group legal advertising, and that ethical concerns about improper screening and referral are largely …
Can out-of-state attorneys send direct mail to Ohio members of a class action?
The opinion concluded that the Code does not bar direct-mail communication from named plaintiffs and their counsel to potential or actual class members during a class action, nor accepting employment …
Can a bar association require a lawyer to pay a percentage of fees from referred clients, and impose fee-arbitration and panel co-counsel conditions?
The opinion concluded that a bar association may require a lawyer to pay a percentage of fees earned from referred clients (treated as usual and reasonable dues under DR 2-103(B)) if conditions are me…
Can a lawyer withdraw when the client ignores advice and keeps escalating a personal feud with the opposing party, damaging the case?
The opinion concluded the firm may ethically withdraw under Rule 1.16(b)(3) where the client refuses to follow advice and insists on pursuing a course the lawyer considers repugnant or imprudent, subj…
Can a West Virginia lawyer hold a client's file under a retaining lien until unpaid fees are paid after the representation ends?
Only to a limited extent. The opinion concluded that when retaining the file would interfere with the client's ongoing litigation, the lawyer's retaining-lien right under Rule 1.16(d) must give way; t…
When a prosecuting attorney or an assistant is personally disqualified from a matter, is the whole prosecutor's office disqualified?
It depends who is disqualified. The opinion concluded that if the elected Prosecuting Attorney is disqualified for any reason, the disqualification is imputed to the entire office; but if an assistant…
When a client tells the lawyer to pay all settlement proceeds to her and not the medical providers, must the lawyer follow the client or honor the medical-lien statute?
The opinion concluded that, under RPC 69 and Rule 10.2(e), a lawyer must disburse settlement funds as the client instructs in the absence of a valid lien, and this is so whether the case settles befor…
Can plaintiff's counsel agree to bear all or part of the costs of litigation, whether in a class action or an ordinary civil suit?
The opinion concluded that an attorney may never ethically agree to be ultimately responsible for the costs of litigation. Rule 5.3(b) lets a lawyer advance litigation costs only if the client remains…
Can one attorney represent both an injured child and the parents, who have their own emotional-distress claim, against the same physician?
The opinion concluded that, although the interests of parents and child are potentially in conflict, the same attorney may represent the parents and through them the child in pre-suit negotiation, and…
Can an Attorney General's staff lawyer give a trial judge ex parte advice on the merits of a case in which the state is a party but not yet represented by the AG?
The opinion concluded that a member of the AG's staff may not make such an ex parte communication if that lawyer or someone in the same division would likely represent the state on appeal, because the…
Can one firm represent parents on their own injury claims and also the injured child whose claim shares the same settlement fund?
The opinion concluded that a firm cannot represent both the parents on their individual claims and the child, through the parents as guardians ad litem, when a single insurer's settlement fund must be…
When a lawyer solicits members of a certified class for individual representation, must the lawyer tell them they are already represented by class counsel?
Yes. The opinion concluded that a lawyer who contacts class members about individual representation during the opt-out period must disclose that they are members of a certified class represented by cl…
Can one lawyer represent a minor facing criminal charges and the minor's parents in a related dependency case at the same time?
The opinion concluded there was no apparent conflict in representing both the minor in the criminal matter and the parents in the dependency trial where the lawyer reasonably believed the representati…
I'm suspended from practice. Can I still serve as an arbitrator under the Superior Court Arbitration Rules?
The panel concluded that a suspended attorney does not qualify to be selected as an arbitrator, based on Superior Court Arbitration Rule 2(b), which requires that an arbitrator have been a member of t…
Can my firm set off unpaid legal fees and expenses against funds I'm holding for the client?
The panel concluded that under Rule 1.15(c) the law firm does not have a right of setoff; the disputed portion of the funds must be kept separate in the client fund account until the dispute is resolv…
How long do I have to keep a closed client file before I can destroy it?
The panel declined to render an advisory opinion because the question is not within the panel's jurisdiction, but it directed the attorney's attention to R.I. Gen. Laws Section 8-14-2 (amended 1991), …
I'm the estate's attorney (and resident agent for the non-resident executor), and the executor improperly took estate funds. What should I do?
The panel advised that the attorney should ask the executor to authorize disclosure to interested parties, including the estate's beneficiaries, creditors, governmental authorities, and the probate co…
I represented the seller at a closing where the buyer was unrepresented, then wrote the buyer about the 'legal services' I provided. Can I now foreclose against the buyer?
The panel concluded that, because the attorney had sent the buyer a letter making declarations of legal services provided to the buyer, an appearance of impropriety would exist if the attorney now ini…
Can I put a paralegal's name on my firm's letterhead, and how should it be labeled?
The panel advised that the firm should follow Provisional Order No. 18, Use of Legal Assistants Guideline 7: use the words 'legal assistant' rather than 'paralegal,' clearly indicate the legal assista…
I once represented a client and opined that a contract was enforceable. Its successor counsel now wants it declared void. May I help successor counsel, or the opposing party's counsel?
The panel concluded that the attorney may, but is not obligated to, voluntarily assist successor counsel on the former matters, but may not assist counsel for the other signatory, because that would c…
I have a fee-division agreement with a lawyer who was later suspended. How is that lawyer's share determined?
The panel concluded that the fees owed to the suspended attorney are determined by quantum meruit, based on the work performed before the suspension, following its earlier digest in Opinion 91-71.
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.