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 Colorado lawyer ethically take on too many cases, and are supervising lawyers responsible for a subordinate's excessive workload?
No to an excessive workload, and yes to supervisor responsibility. The opinion concludes the duties of competence, diligence, and communication affirmatively require every lawyer to control workload…
Can a defense lawyer require the opposing lawyer to sign and approve a settlement release, and can a lawyer ethically sign one that obligates the lawyer to indemnify or hold harmless?
No. The opinion concludes it violates the Mississippi rules for a lawyer to sign a release that approves or agrees to terms obligating the lawyer (such as indemnification) unless the lawyer is a…
If a lawyer copies their own client on an email to opposing counsel, can opposing counsel hit 'reply all' and include that client without violating the no-contact rule?
Yes. Absent special circumstances, copying your own client on a group email or text to opposing counsel impliedly consents under Rule 4.2 to a 'reply all' that reaches your client. To avoid that, do…
Can an Oregon lawyer respond publicly to a former client's negative online review?
Generally no. The opinion concludes a lawyer may not reveal information relating to the representation when responding to an online review; the RPC 1.6(b)(4) self-defense exception applies sparingly…
Can a lawyer licensed in another state work remotely from Oregon (or an Oregon lawyer from another state) without unauthorized practice?
No unauthorized practice in Oregon, qualified. The opinion concludes a lawyer licensed elsewhere who lives in Oregon but practices only the other state's law and does not hold out availability in…
What must a lawyer do if a client plans to lie or give false evidence in a court proceeding, and can the lawyer tell the court?
The opinion concludes that a participating lawyer must try to dissuade the client, must refuse to offer evidence the lawyer knows is false, and, if the client gives false testimony, must take…
Must a Colorado criminal judge recuse from similar cases because the judge's spouse practices criminal defense?
No, on the questions presented. The Board required recusal when the spouse acted as a lawyer in the proceeding, but not solely because the spouse handled another case, held a defense contract, or…
When is using 'Associates' or '& Associates' in a Minnesota firm name misleading?
The opinion concludes that using 'Associates' in a firm name is false and misleading unless at least two licensed attorneys practice with the firm, and using '& Associates' is misleading unless at…
Can a North Carolina lawyer call a public insurance adjuster as an expert witness when the client is paying the adjuster a contingency fee out of the insurance proceeds?
Yes. The client-adjuster contingency-fee contract is governed by state insurance law, not the Rules of Professional Conduct, and North Carolina law permits it, so the lawyer is not offering an…
Can a lawyer who retires under New York's OCA rules still collect a referral fee on cases handed to successor counsel?
Yes, but only if the retired lawyer keeps joint responsibility for the referred matter; an OCA-retired lawyer is still a lawyer, so Rule 5.4(a) does not bar the fee, but Rule 1.5(g) requires…
May a Vermont probate judge endorse or oppose a candidate for a probate judgeship in the judge's county or another county?
Vermont Judicial Ethics Opinion 2728-23 allows a probate judge to publicly endorse or oppose a candidate running against that judge for the same judgeship, but not a candidate for a different…
Can lawyers who share an office but run separate practices share staff and divide fees, and how do they protect client information?
Yes. Lawyers in separate practices may share office space, equipment, and staff, and may divide fees under Prof.Cond.R. 1.5(e), but must segregate files, control access, and train staff to protect…
Can an Ohio magistrate run for or serve on a school board, city council, or county board of commissioners?
No. A full-time or part-time magistrate may not run for or hold a nonjudicial elective office; the 'resign to run' rule and related duties bar holding the magistrate position and the elective office…
Can a judge attend a law-enforcement training course that is open only to judges, prosecutors, and police?
No. The opinion concludes a judge should not attend a training course offered by a law enforcement agency and open exclusively to judges, prosecutors, and law enforcement, because it threatens the…
May a Texas nonprofit legal services agency obtain advance, intake-stage consent from each client to share confidential information with the agency's funders or their monitors during site visits or audits?
Per the Committee, no on the blanket approach: Rule 1.05 binds legal-aid lawyers, and Rule 1.05(c)(2) consent requires consultation that cannot meaningfully occur at intake before the lawyer knows…
Does the no-contact rule apply to a lawyer representing themselves, so that the lawyer cannot contact the opposing represented party directly?
Yes. A lawyer who is self-represented is still 'representing a client' under Rule 4.2, so the lawyer may not communicate directly with another represented person about the matter without that…
May the state supreme court accept support for its learning center through the Bar Foundation’s own giving drive?
West Virginia JIC Opinion 2022-30 permits the arrangement because the Bar Foundation, rather than the court, solicits the donations for the educational center.
Is a South Dakota judicial candidate automatically responsible for a family member’s campaign conduct?
No. The Committee said the candidate must encourage family members to follow the candidate’s political-conduct standards, but is not strictly responsible for their independent acts; coordinated…
Must a judge recuse from a Hope Scholarship Act case after serving on a private school’s advisory board?
West Virginia JIC Opinion 2022-29 finds neither disqualification nor disclosure required where the judge’s child was ineligible for the voucher and the school was not a party.
Can a New Jersey lawyer use state-regulated cannabis, or operate or invest in a cannabis business, without violating the Rules of Professional Conduct?
Yes. The Committee concluded that using regulated cannabis and operating or investing in a regulated cannabis business, in compliance with New Jersey law, does not violate RPC 8.4(b), even though it…
Must newly appointed appellate judges recuse from cases involving the governor who appointed them?
West Virginia JIC Opinion 2022-28 finds no automatic disqualification based solely on the appointment, but calls for disclosure in governor cases for one year after taking office.
May a prosecutor running for circuit judge use “Prosecutor for Judge” as a campaign slogan?
West Virginia JIC Opinion 2022-27 rejects use of “Prosecutor” in the judicial campaign slogan because it could signal bias toward the State in criminal and abuse-and-neglect cases.
May a circuit judge’s spouse serve as a magistrate assistant in the same county?
West Virginia JIC Opinion 2022-26 says no, finding that the arrangement violates the cited Code provisions regardless of circumstances and overruling JIC Opinion 2007-07 to the extent inconsistent.
May Colorado judges use LinkedIn, connect with appearing lawyers, and endorse professional skills?
The Board allowed a judicial LinkedIn profile and context-dependent lawyer connections, but barred skills and business endorsements. Posts and reactions remained subject to the Code, with…
May a Maryland judicial appointee accept donations through a relative's GoFundMe account for medical expenses?
Maryland Judicial Ethics Opinion 2022-32 says a judicial appointee may not accept donations through the proposed GoFundMe account because donors would be unrestricted and could be anonymous,…
If I cc my own client on an email to opposing counsel, can the other lawyer reply-all directly to my client, and what about bcc?
A lawyer who cc's a client on an email to other counsel generally gives that counsel implied consent under Rule 4.2 to reply-all and thereby communicate directly with the client, though the consent…
Can a client give a lawyer advance authority to settle within a set range, and can the client take that authority back?
A client may grant advance settlement authority, but it is limited: the client may revoke it at any time, and the lawyer has a continuing duty to keep the client informed of material developments…
Will the Arkansas Judicial Ethics Advisory Committee assess judges’ past legislative testimony on a third party’s request?
No. The Committee declined to assess three judges’ past appearances before legislative committees because its advisory process addresses a judge’s proposed future conduct.
May an elected magistrate maintain a law-enforcement officer certification?
West Virginia JIC Opinion 2022-25 says a sitting magistrate may not maintain that certification because it could appear to favor law-enforcement entities appearing before the court.
Can a defense lawyer in Utah contact a plaintiff's treating physician ex parte, outside formal discovery?
No. The opinion formally withdraws Advisory Opinion 99-03, noting that the Utah Supreme Court in Sorensen v. Barbuto vacated 99-03 and instructed lawyers to confine contact with an adversary's…
May a Maryland District Court Commissioner work part time creating social media content for wedding businesses?
Maryland Judicial Ethics Opinion 2022-28 permits the described anonymous newsletter and social media work for two wedding businesses if it does not interfere with commissioner duties, with prior…
May family court judges appear in charity check presentations connected to a bench-bar CLE?
West Virginia JIC Opinion 2022-23 says a judge handing a charity representative a check could appear to misuse judicial prestige; it also flags judicial names on CLE ads and involvement in choosing…
Must a judge recuse from a Hope Scholarship case because a spouse teaches preschool and the judge once proposed school tax credits?
West Virginia JIC Opinion 2022-24 finds no disqualification or disclosure duty on the spouse, relatives and earlier unadopted-legislation facts presented.
Can an Ohio lawyer accept and hold a client's cryptocurrency in escrow, and how must it be safeguarded?
Yes. A lawyer may hold cryptocurrency in escrow as client property, but cannot place it in a client trust account unless converted to U.S. funds, and must segregate it, keep records, maintain…
Before taking over a jailed defendant's case for a fee, must a D.C. successor lawyer notify the prior lawyer, and when can the fee be collected?
The opinion concludes that under D.C. Rule 7.1(f), a successor lawyer who solicits an incarcerated person in a pending criminal case must give timely and adequate notice to current counsel before…
May a magistrate clerk hire someone for an administrative role soon after selling that person a house?
West Virginia JIC Opinion 2022-22 finds the proposed hiring improper because it could appear that the buyer received the job for using the clerk as a realtor.
When may a California lawyer name a current or former client in an online bio without consent?
The opinion bars an unconsented listing that would embarrass or harm the client, disclose information the client asked to keep confidential, imply regular representation, or mislead readers.
May a family court judge also appear for pay as a television judge on an out-of-state weekly show?
West Virginia JIC Opinion 2022-21 says the judge cannot hold both roles because the show could appear to undermine court integrity and its demands could disrupt the judicial docket.
Must a former legislator recuse from an appeal about an old abortion statute after prior bills, rallies and a daughter's past job in the attorney general's office?
West Virginia JIC Opinion 2022-20 finds no disqualification or disclosure duty on the former speaker’s legislative acts, rally attendance and adult daughter’s past employment facts.
May a newly elected magistrate take office while a spouse remains the same county’s magistrate court clerk?
West Virginia JIC Opinion 2022-19 says the spouse must resign as magistrate clerk before the elected magistrate takes office, citing nepotism and apparent employment conflicts.
May a Maryland senior judge or fully retired judge chair a police discipline trial board?
Maryland Judicial Ethics Opinion 2022-26 bars an active senior judge from the police discipline board because of impartiality and disqualification concerns, but says the Code does not bar a fully…
Can a North Carolina lawyer agree to be on a doctor's or other professional's list of recommended lawyers given to patients or clients?
Yes, if there is no quid pro quo exchange of referrals and the lawyer does not direct or expect the professional to improperly solicit. The lawyer must withdraw from the list if the professional…
Can a North Carolina lawyer be privately retained for a limited role, like just a bond hearing, for an indigent criminal defendant who already has appointed counsel?
Yes. The lawyer may consult with the represented defendant and take a reasonable limited-scope role with the defendant's informed consent, must tell the court of the limited appearance, should…
May a Maryland judge speak at a church about Dobbs and its possible effect on other rights?
Maryland Judicial Ethics Opinion 2022-24 permits a historical presentation describing the Dobbs opinions and their possible ramifications but forbids the judge from giving personal views on how…
Can an assistant public defender appear in a town court where a relative or law partner is the part-time judge, and is the disqualification imputed to the whole office?
The opinion concludes the judge's law-partner cousin cannot represent office clients in that town court, and the judge's son-in-law cannot appear there but may work outside court with party and…
May an appellate court accept a law library from a dissolving firm whose lawyers are retiring?
West Virginia JIC Opinion 2022-18 permits the donated books for official use on the facts that the gift costs the court nothing and the lawyers are unlikely to appear before it.
Can a town attorney represent a private client on zoning matters before a neighboring town if the client also has property interests in the town the attorney serves?
Yes if there is no personal-interest conflict, or a consentable one with informed consent from both the town board and the client; a positional conflict alone does not bar it, but Rule 1.11(f)(2)…
When must an Indiana lawyer decline or withdraw because of a conflict of interest?
The lawyer must decline or withdraw when duties to another person or the lawyer's own interests materially limit the representation. A consentable conflict requires competent and diligent…
Can a settlement agreement require a Maine lawyer to keep all case information, including publicly available information, confidential?
A settlement agreement may require that the settlement terms and other non-public information stay confidential, but it may not require a lawyer to keep publicly available information confidential…
May a Texas plaintiff's personal-injury lawyer agree to personally indemnify the defendant group from medical liens and reimbursement claims as a condition of settlement, and may defense counsel insist on it?
Per the Committee, no on both: the personal indemnity violates Rule 1.08(d) (impermissible financial assistance), Rule 1.06(b)(2) (lawyer's-own-interest conflict), and Rule 2.01 (independent…
May a judge’s law clerk volunteer on research and education for a university consumer-law center?
West Virginia JIC Opinion 2022-16 permits the described volunteer work, with no consumer representation or legal advice and no use of court time or resources.
May a Colorado part-time county judge help a former client amend a clemency application?
Yes. The Board allowed the part-time judge to help a former client add a legal argument to a pro se clemency application, but said the judge should not identify as a judge in doing so.
May a former law firm in which a judge owns a minority share accept discounted legal services?
The committee found that the gift prohibition did not bar discounted representation of the separate LLC on these facts. It concluded that the judge should not preside over cases involving the…
If a lawyer in my firm personally owns part of a client we are advising in a deal, is that conflict imputed to the rest of the firm?
The Committee concludes a lawyer's financial stake in a client entity is a personal-interest conflict under RPC 1.7(a)(2) that is imputed to the firm under RPC 1.10(a). The RPC 1.10(a) exception for…
Must a Pennsylvania lawyer run real estate settlement funds through an IOLTA account?
Generally yes. The opinion concludes real estate settlement funds are Rule 1.15 funds, so a lawyer who is an authorized signatory on the account holding the proceeds must designate it an IOLTA…
Must Alabama appellate judges step aside when a deputy marshal who helps secure their building is a party?
Opinion 22-952 says the deputy marshal's security work and professional contact with the appellate judges do not, by themselves, require disqualification. It distinguishes mandatory disqualification…
May an Alabama criminal judge support judicial candidates and district attorney or sheriff candidates?
Opinion 22-951 permits support for judicial candidates with a caution about a prosecutor who regularly appears before the judge. It strongly discourages contributions to district attorney and…
Can a New Hampshire lawyer represent a client whose legal fees are paid through donation-based crowdfunding, and what ethical duties apply?
The opinion concludes that representing a client in a matter funded through donation-based crowdfunding is not unethical per se, but it triggers duties under several rules: client consent to…
When does a personal relationship with opposing counsel, such as a spouse, partner, or friend, require disclosure and client consent?
Spouses and those in marriage-equivalent intimate relationships cannot oppose each other without informed written consent, and a close friendship with opposing counsel requires disclosure and…
Can a lawyer who notarizes a client's affidavit still represent that client at a hearing or trial in the same matter?
Yes. Notarizing a client's affidavit does not by itself make the lawyer a necessary witness under the advocate-witness rule, so it does not automatically disqualify the lawyer; disqualification…
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.