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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How may a New York firm identify an unadmitted law graduate on its website and in email signatures?
The committee permits a firm to list an unadmitted graduate on its website and let the graduate sign appropriate correspondence if the communication clearly discloses the person's status and does…
May a lawyer acting only as a real estate broker hold transaction expenses in an attorney trust account?
The committee says funds for a transaction in which the lawyer is not counsel cannot go into an attorney trust account, though a separate fiduciary account may be used. Holding and disbursing those…
May a lawyer acquire a client's real estate wholesaling business and continue legal work for it?
The panel allows the proposed transfer subject to Rule 1.8(a), but bars the lawyer from combining advocacy and wholesaler services in the same matters. It imputes that conflict to the law firm,…
May an immigration lawyer sell only the court-appearance cases while keeping other immigration matters?
No. The panel says Rule 1.17 requires sale of the whole practice or an entire area of practice. Because all of the lawyer's matters are immigration matters, the proposed division by need for court…
May a nonprofit lawyer share a pro bono client's information with a nonlawyer supervisor or funders?
The committee says a nonlawyer supervisor may not direct the lawyer's professional judgment. The lawyer may share confidential client information with supervisors, colleagues, funders or the public…
May a New York lawyer working from France serve as of counsel to a New York firm?
The committee permits the proposed remote of-counsel arrangement if the relationship is close and continuing, the work complies with French regulation, and the New York Rules are followed. It…
Must a Maryland judge recuse from every case involving an attorney who opposed the judge's appointment and criticized the judge?
Maryland Judicial Ethics Opinion 2026-28 says recusal is not necessarily required in every matter involving that attorney. The judge must assess personal impartiality and whether an informed…
May a county judge disregard a district court’s specific remand instructions because the judge disagrees?
Nebraska Judicial Ethics Committee Opinion 26-2 says no: a lower court must follow the appellate court’s specific mandate and has no discretion to depart from it.
May a New York lawyer offer integrated legal, tax, and financial planning services through one practice?
The committee says the Rules allow one entity, but an integrated offering would very likely subject all three services to the Rules. It would require informed consent confirmed in writing to a…
May a lawyer representing clients in a suit against a health care provider also represent that provider against its insurer over defense coverage if both sides consent?
No. The panel finds direct adversity and a material-limitation conflict under Rhode Island Rule 1.7. Written consent does not cure the conflict because the proposed representation cannot satisfy…
When must a Wisconsin lawyer report another lawyer's or a judge's misconduct, and how does client confidentiality affect that duty?
The opinion concludes that SCR 20:8.3 requires a report when the lawyer knows of misconduct that raises a substantial question about the other lawyer's honesty, trustworthiness, or fitness, or a…
May a New York lawyer who works mainly from home list a virtual law office as the physical office address on a website, advertisements, letterhead, and business cards?
Yes, if communications sent there reach the lawyer and clients and prospective clients can meet the lawyer there on reasonable notice. The address is then not inherently false or misleading.
What duties does a lawyer have when a client has decision-making limitations, including when protective action, guardianship, or withdrawal is considered?
The lawyer must preserve an ordinary relationship and the client's autonomy as far as reasonably possible. Protective action requires all three Rule 1.14(b) conditions and should be the least…
May a Colorado judicial officer use a maiden name professionally after legally taking a married name?
Colorado Judicial Ethics Advisory Opinion 2026-02 permits the requesting magistrate to use the maiden name by which she is professionally known in official duties, provided she does not intend to…
If a government public defender has a personal-interest conflict because a close relative heads another county office, is that conflict imputed to the other public defenders?
No. Assuming the individual lawyer has a Rule 1.7(a)(2) conflict, the opinion concludes it is not imputed within a government public defender office because Rule 1.10 does not apply there.
May a Vermont judge issue mental health warrants sought by an agency where the judge's spouse is a leader?
Vermont Judicial Ethics Opinion 41 says the judge should not sign warrants or hear proceedings under 18 V.S.A. § 7505 brought by the spouse's agency. A later contested proceeding may allow waiver…
May a Vermont judge direct a civil contempt payment to a nonprofit chosen by the judge or party?
Vermont Judicial Ethics Opinion 40 says a judge may not order a civil contemnor to pay a nonparty nonprofit, whether selected by the judge or the party. The committee cited missing authority for…
May an out-of-state lawyer work on new Maine client matters at a Maine firm while awaiting admission by motion?
The opinion reads Maine Rule 5.5(c) to permit temporary Maine services tied to a client the lawyer already represents where admitted, within the rule's listed circumstances. A pending admission…
May a New York lawyer charge a client for time spent repeatedly explaining detailed legal invoices?
Yes, after advance notice, when the explanation is part of counseling and the bill is detailed and not arguably wrong. Time spent addressing a good-faith billing dispute is overhead and may not be billed.
A former client's child owns part of a business covered by the client's file but was never my client. May I give that child the file?
Only with the former client's written informed consent. The Panel concluded the file belongs to the client, not the non-client child, and Rule 1.6 requires consent before release; if consent is…
A prospective client discussed a claim against an entity with me, but no case is pending. May I later represent that entity?
The Panel concluded no conflict presently bars the representation. Although the consultation included significantly harmful information and the interests are materially adverse, Rule 1.18(c) did not…
May a Georgia lawyer use a third-party vendor to request and obtain documents from a nonparty?
Yes, if the lawyer can supervise the vendor, provide competent representation, and retain professional judgment. The arrangement is impermissible when it interferes with those duties.
May a foreign lawyer who has passed New York's UBE, MPRE, and NYLE, but is not admitted, describe that status on a law firm's website?
Yes. The opinion concludes that the lawyer may use the notation 'Passed the NY state bar examination (passed not admitted)' because the disclosure is not misleading and dispels any impression that…
Must a Maryland judge recuse when a litigant sues the judge elsewhere and reports filing a judicial conduct complaint?
Maryland Judicial Ethics Opinion 2026-22 finds no likely objective basis for recusal from the litigant's other complaints alone. Recusal is required if the judge cannot remain fair and impartial.
What ethical issues arise when a New York lawyer uses AI to record, transcribe, or summarize conversations with non-clients?
The opinion concludes that a lawyer must disclose an intended recording and obtain every participant's permission. It states that the default should be not to record absent a good reason in the…
May a Missouri lawyer subpoenaed to testify about a deceased former client's estate planning reveal information from that representation?
Not on the strength of a subpoena alone. The opinion says confidentiality survives the client's death, requires the lawyer to assert all nonfrivolous grounds against disclosure, and permits…
May a Missouri lawyer disclose former-client information and billing entries in a lawsuit to collect unpaid fees?
Only to the extent reasonably believed necessary to prove the fee claim. The opinion called for protective orders or other limits on access, particularly because fee information itself was confidential.
What ethics duties apply when a Missouri firm uses AI software that listens to depositions and suggests questions in real time?
The firm had to evaluate competence, fees, informed consent, confidentiality, court orders, vendor oversight, independence, and accuracy. Notice to others depended on law, court rules, orders, and…
Could an inactive retired Missouri lawyer use a social calling card identifying as a 'Retired (Inactive) Attorney'?
Yes. Because the card clearly stated the lawyer's retired and inactive status, the opinion found the identification neither false nor misleading for social use.
When may a New York law firm use screening and notice under Rule 1.10(c) to avoid imputing a lateral lawyer's former-client conflict, and what must the firm do?
The opinion concludes that Rule 1.10(c) covers many lateral-lawyer conflicts if the firm promptly implements an effective screen, excludes the lateral from the matter's fee, and gives written notice…
When must a government lawyer report a public official's intended or ongoing violation of law within or outside the government organization?
Model Rule 1.13 may require a government lawyer with actual knowledge of official misconduct to report within the organization when the conduct is imputable to the government client and likely to…
May a New York lawyer help a private False Claims Act client use a deceptive ruse to obtain evidence of alleged fraud?
No. The opinion finds no current authority under the New York Rules allowing the lawyer to induce, assist, or supervise the client's proposed deception. If the client intends to proceed or has done…
I've been informally helping a pro se friend (answering questions, suggesting language for an answer and discovery responses, and commenting on drafts) without signing or filing anything. Does that count as 'ghostwriting' I must disclose to the court?
The Panel concluded the informal assistance does not amount to ghostwriting because the friend, not the lawyer, was the documents' primary creator and finisher, so the lawyer need not sign the…
I was appointed as counsel for an alleged incapacitated person in a New York Article 81 guardianship case. She opposes a guardian, but I believe she lacks capacity. Can I advocate for a guardian anyway under Rule 1.14?
No. The opinion concludes that in an Article 81 proceeding, an attorney for an alleged incapacitated person may not advocate for a guardian or other restriction if the client opposes it, even where…
I'm a town solicitor who prosecutes misdemeanors for the town. Is it a conflict of interest for me to prosecute a town employee who was arrested?
No conflict. The panel held that a town solicitor's only client is the municipality, not its individual employees, so prosecuting a town employee who is not the solicitor's client does not create a…
Must an Ohio law firm's separately registered trade name or DBA include LLC, LLP, or another entity designation every time it appears?
No. The trade name may appear without the entity designation in marketing and public-facing communications if the same medium also visibly discloses the firm's full legal entity name with the…
When does a California lawyer need informed written consent to jointly represent two or more clients in the same matter?
The opinion concludes that informed written consent under Rule 1.7(b) is generally required to jointly represent multiple clients, because joint representations normally carry a significant risk the…
When must a sitting judge step away from a firm's cases while seeking a job with that firm?
The West Virginia Judicial Investigation Commission concluded that sending a résumé to a law firm alone does not require disclosure or disqualification. An interview request immediately disqualifies…
Can a lawyer's engagement agreement require the client to cooperate and let the lawyer withdraw if the client does not?
Yes, within limits. The opinion concludes that under Rule 1.16(b)(5) a lawyer may withdraw when a client substantially fails to meet an obligation 'regarding the lawyer's services' (paying fees,…
When I compile a former client's file, must I include copies of correspondence between my law partner and opposing counsel, or can I withhold it as attorney work product?
Yes, the client is entitled to those copies. The panel held that correspondence between the attorney and opposing counsel developed during the representation is part of the client file, not attorney…
When does an excessive caseload become a conflict of interest that limits a lawyer's ability to competently represent existing clients?
The opinion concludes that an excessive caseload can create a concurrent conflict of interest, a 'capacity conflict,' when a lawyer's workload is so great that competently and diligently…
What can a lawyer tell the court when moving to withdraw from a case without revealing the client's confidences?
The opinion concludes that a lawyer's withdrawal motion should ordinarily state only that professional considerations or irreconcilable differences require termination, and that the lawyer must…
Did a Missouri lawyer violate ethics rules by telling a judge in open court that the judge was never fair to the lawyer?
Likely yes. The statement appeared to question the judge's integrity with reckless disregard for truth and could prejudice justice by damaging public faith in judicial impartiality.
Could a Missouri lawyer disclose a deceased estate-planning client's revoked trust documents to successor trustees or a bank?
Not without the deceased client's prior consent, implied authority, or a Rule 4-1.6 exception. A subpoena alone was insufficient; a court order could permit limited disclosure after nonfrivolous…
What could a Missouri lawyer do with real-estate proceeds when an elderly client appeared to have diminished capacity?
The lawyer had to preserve a normal relationship as far as possible and could take reasonably necessary, least-restrictive protective action only after finding diminished capacity, substantial harm…
May a Missouri lawyer tell a deceased client's next of kin about the client's pending personal-injury action so an estate can be opened?
Yes, in a limited way. The opinion concludes that, unless the client expressed otherwise, the lawyer may treat limited disclosure of the death and pending lawsuit as impliedly authorized to help…
What must a Missouri lawyer do after learning that a client altered a document produced in discovery?
The lawyer may not help conceal the alteration and must seek the client's cooperation in correcting or withdrawing the document. If the client refuses, the opinion requires further remedial action,…
May a Missouri lawyer acting pro se communicate directly with a represented spouse about the subject of their divorce?
No. The opinion treats the pro se lawyer as self-representing for Rule 4-4.2 and prohibits direct communication about the divorce unless the spouse's counsel consents or law or a court order authorizes it.
May a Missouri lawyer jointly represent an injured passenger and a deceased driver's spouse against third parties after the passenger settled with the driver's insurer?
The conflict may be waived if the clients' interests are now aligned and each gives informed consent confirmed in writing. If their positions later diverge in a material, nonconsentable way, the…
Must a judge recuse from every case involving an attorney the judge sharply criticized during judicial selection?
Nebraska Judicial Ethics Committee Opinion 26-1 requires disqualification in every matter involving the attorney because the judge’s prior email was so severe that a reasonable person would question…
May a family court judge’s spouse mediate family cases outside the judge’s circuit?
The West Virginia Judicial Investigation Commission said the judge’s husband may accept family court mediation appointments outside her circuit. If she is later appointed special family court judge…
May a West Virginia senior status family court judge also mediate cases and serve as a guardian ad litem?
The Commission allowed mediation outside counties where the judge serves and part-time guardian work with an active law license outside the circuits or counties where the judge serves. The judge…
May an Ohio lawyer draft pleadings for a pro se litigant without disclosing the lawyer's involvement to the court or opposing counsel?
For customized pleadings in active civil litigation, the lawyer may provide limited-scope drafting services but must file and serve the Civ.R. 3(B) notice of limited appearance. A lawyer may provide…
May a Vermont probate judge serve on a nonprofit hospital or health center board?
Vermont Judicial Ethics Opinion 38 permits board service if the nonprofit does not appear before the probate court and the role does not disrupt judicial duties or impartiality. Frequent court…
May a Maryland judge volunteer at a local-government animal shelter?
Maryland Judicial Ethics Opinion 2026-03 permits the proposed animal-shelter volunteer work if it does not involve governmental authority or policy, interfere with judicial duties, or create an…
My business-entity client wants me to use small claims to collect for products it delivered before I represented it, which were sold in violation of its license. Does that request force me to withdraw under Rule 1.16?
No. The panel held that the client's request to pursue small-claims collection does not require mandatory withdrawal under Rule 1.16(a), because it does not compel the attorney to engage in illegal…
If a lawyer knows of a fact that should disqualify the judge but the judge has not raised it, must the lawyer tell the court?
Generally yes, subject to confidentiality. The opinion concludes Rule 8.4(d) requires a lawyer who knows information reasonably likely to give rise to a judge's recusal obligation to disclose it to…
My law partner and I want to name our new transactional firm 'Contract House LLP.' It has no partner names, just describes our practice. Does a trade name like that comply with the Rhode Island firm-name rules?
Yes. The panel held that 'Contract House LLP' comports with Rule 7.5 (and by extension Rule 7.1) because it is a permitted trade name that describes the firm's practice area and organizational…
May a lawyer admitted only in New Jersey and DC who works as a salaried associate at a New York firm simultaneously run a solo New Jersey practice, and what New York-rules duties attach to the conflicts, advertising, and trust-account aspects?
The opinion concludes the New York Rules do not bar simultaneous employment at two firms, but Rule 1.10 imputes conflicts across both firms (no screening cure available), Rule 7.1 governs any…
Can a New York lawyer pay an online platform that scores users' anonymized workplace-experience entries and connects the lawyer with a user (with the user's consent) without violating the solicitation, advertising, or fee-payment rules?
The opinion concludes the resulting lawyer-user communication is neither a solicitation nor an advertisement (the user initiates it by consenting to disclosure), and the lawyer's payment is a…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Weight varies by state: Most bar opinions are advisory, not binding like court discipline decisions, though formal opinions carry substantial weight. Some states go further: Georgia and Virginia opinions approved by the state supreme court bind lawyers there, New Jersey's bind the ethics committees that decide grievances, Rhode Island and Alabama protect the lawyer who asked for an opinion and followed it, and Utah and North Dakota protect lawyers who rely on one. Each opinion page says how much weight its opinion carries.
- 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.