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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Could a part-time municipal judge also remain civil attorney for the same county?
The Committee could not prohibit the dual roles under the Code but called them unwise and imprudent, identifying possible conflicts and recusal needs despite an agreed case assignment.
Can an Ohio lawyer email clients about confidential matters without encrypting the message?
The opinion concluded that a lawyer does not violate the duty to preserve confidences and secrets under DR 4-101 by communicating with clients through unencrypted email, because the risk of…
Can an insurance-defense lawyer agree to insurer litigation guidelines and send the insured's detailed bills to a third-party auditing service?
The opinion concluded that a lawyer may not enter any agreement letting a third-party insurer interfere with independent judgment for the insured, and may give the insured's detailed bills to a…
Could a part-time juvenile referee represent juveniles under a public defender contract in 1999?
West Virginia JIC Opinion 1999-07 permitted the referee’s public defender work on juvenile cases only if they were unrelated to proceedings in which the referee had served.
Can my firm use a name like 'Discount Legal Services of Jones and Doe' or 'Jane Doe Trial Lawyers'?
The Committee concluded a lawyer may not practice under a firm name that, beyond the lawyers' names and words showing the firm provides legal services, claims or implies a quality of the firm; names…
Does my firm have a conflict if we hire a lawyer who married into the family of a mid-level employee of a corporation we are suing?
The Committee concluded that, on these facts, a firm's hiring of a lawyer married to the daughter of a mid-level employee of an opposing corporation created no conflict under Rule 1.06(b)(2),…
After leaving my old firm, can my new firm represent a party against a client my old firm represented while I was there?
The Committee concluded that a new firm formed by lawyers who left a firm representing one party may represent the opposing party in that litigation if doing so does not violate Rule 1.09(a); on…
Can a reduced-fee-panel lawyer in a divorce case raise the hourly rate if the client is awarded a certain value of assets?
The opinion concluded that a domestic-relations fee agreement, even one used by a county bar reduced-fee panel, may not provide for a higher hourly rate triggered by the value of assets awarded to…
Can defense counsel in an Arizona workers' compensation case privately interview the claimant's treating physician without the claimant's consent?
The opinion concluded that defense counsel in a workers' compensation case may not conduct private ex parte interviews of the claimant's treating physician unless the claimant, with advance notice,…
Can an Arizona lawyer charge a non-refundable or earned-on-receipt fee, and does that money have to go into the client trust account?
The opinion concluded that non-refundable or earned-on-receipt fees are not unethical per se but must be reasonable under ER 1.5 and clearly agreed to, preferably in writing. A true…
Does a former firm client conflict remain when the representing lawyer left and the old file was destroyed before a new adverse matter?
The committee said the firm could continue on the stated facts if no remaining lawyer possessed or could access material confidential information; it left litigation disqualification to the court.
Could a district judge hear cases filed by the local Department of Human Resources when the judge's spouse directed that office?
No. Canon 3C(1)(d)(i) disqualified the judge because the spouse directed a party office. The opinion allowed remittal of that ground under Canon 3D, absent additional nonremittable impartiality grounds.
Could a circuit judge serve on a local bank board that approved substantial loans and paid directors?
Yes on the stated facts, subject to limits on prestige, finances, fiduciary service, and compensation. The Commission said bank-party cases require disqualification, subject to Canon 3D remittal,…
When should a judge recuse after lunch with a party during a pending case?
The Commission said a judge should recuse if the lunch was private, close to case proceedings, and another party or counsel expressed reasonable concern. The Commission distinguished private party…
Could a municipal judge hire the city attorney’s secretary independently and work separately for the same client?
The Committee allowed independent secretarial services after a genuine end to shared finances and offices, and saw no Code violation in separate work for the same client under the stated conditions,…
Can insurance defense counsel send the insured's confidential information or billing records to the insurer's outside auditors?
The opinion concluded that defense counsel may give confidential information to an insurer that has a duty to defend so long as it is not circulated further, but may not send it to third persons,…
Could a juvenile referee join a police department advisory board on juvenile delinquency in 1999?
West Virginia JIC Opinion 1999-06 advised the juvenile referee against serving on the police department’s juvenile delinquency advisory board.
Could a judge serve as president of a homeowners association involved in civil litigation in 1999?
West Virginia JIC Opinion 1999-15 advised the judge not to serve as homeowners association president because the role could lead to adversary proceedings in local magistrate or circuit court.
What should a judge do when a lawyer named for the judge’s planned adoption appears in the judge’s cases?
West Virginia JIC Opinion 1999-05 required disclosure in every case involving the lawyer after the judge named that lawyer and advised recusal when requested during the relationship.
When should a newly appointed magistrate recuse from cases involving the former public defender office?
West Virginia JIC Opinion 1999-04 required recusal from every case in which the magistrate had served as an attorney and disclosure of prior public defender employment in other office cases.
Must a judge disclose a spouse’s employment with the child support agency in agency cases?
West Virginia JIC Opinion 1999-03 said the judge should disclose the spouse’s employment and brief job description so parties could raise disqualification issues in agency cases.
Can one lawyer pay another lawyer's advertising costs in exchange for the advertised lawyer referring clients?
No. The opinion concluded the arrangement violates Rule 7.1 because it misleads the public about which lawyer will actually represent them, and violates Rule 7.2(c) because paying a lawyer's…
If a competent capital defendant orders defense counsel not to present mitigating evidence, must counsel withdraw, and what must counsel and the court do?
Formal Ethics Opinion 99-F-73(a) amended 84-F-73 to conform to State v. Zagorski. It concluded that when a competent defendant instructs counsel not to investigate or present mitigating evidence,…
Did a spouse's job as a public-school teacher itself bar a judge from hearing a case against school board members?
No. The Commission said ordinary employment alone did not require recusal, but bias, disputed-fact knowledge, an affected salary or job interest, material-witness status, or other direct involvement could.
Can a lawyer send confidential client information by unencrypted email over the Internet, or do the ethics rules require encryption or client consent?
The opinion concluded that a lawyer may transmit information relating to a client's representation by unencrypted Internet email without violating Model Rule 1.6, because email affords a reasonable…
I'm a lawyer for a state child-support agency. Can I represent the state to recover overpaid support from a custodial parent I already represent, and can my office take the opposing parent's case after a custody switch?
The panel concluded that Rule 1.7(a) barred the agency attorney from representing the state against his own client in the recoupment proceeding, and that withdrawing would not cure it; in the second…
My criminal client was released into a court-ordered residential drug treatment program and then walked out. Do I have to report that to the sentencing court?
The panel concluded that Rule 3.3 did not require the lawyer to tell the court that the client had left the court-ordered program, because the lawyer's silence would not assist a crime or fraud…
I represent one family in a tort suit against an abuser and another family in a criminal-injuries-compensation claim over the same abuser. Do I have a conflict of interest representing both?
On the facts presented, the panel concluded that Rule 1.7 did not preclude representing both families. It found no direct adversity and no conflict from the State's limited recovery, although it…
May a California lawyer charge a client interest on costs advanced on the client's behalf, covering the period from when the lawyer pays the cost to when the client is billed?
Per the opinion, only if the written fee agreement specifically provides for it. The Rules of Professional Conduct do not categorically prohibit such interest, but Bus. & Prof. Code section 6147 and…
May a Maine lawyer secretly record telephone calls (with clients, opposing counsel, or others) when state and federal law allow one-party recording?
The opinion concluded that secretly recording a call is not per se prohibited by the Maine Bar Rules, departing from the ABA majority view, because the dishonesty rule cannot be read so broadly; but…
After withdrawing to avoid using a client's falsified medical billings, may a California lawyer disclose the misrepresentation as the reason for withdrawal in a later fee dispute with the former client?
Per the opinion, only if the misrepresentation is relevant to the dispute and reasonably necessary because of an issue the client has raised. Disclosure should be made in a way that minimizes…
What are a California lawyer's ethical limits on objecting during a client's deposition and on consulting privately with the client during the deposition or its breaks?
Per the opinion, the lawyer must protect the client's interests by asserting appropriate objections and may consult with the client during and between deposition sessions, including interrupting a…
May a judge join a charitable foundation board and appear on its fundraising letterhead?
The committee allowed the board role and a nonemphasized name and judicial designation alongside other members, but barred personal fund solicitation and use of judicial prestige in fundraising.
May a judge join a neighborhood advocacy board to advise communities on working with the courts?
The committee rejected the board role because the group, its parent, or those it advised might frequently appear before the judge's court, and the advisory role could cast doubt on impartiality.
Can an insurance defense lawyer send the insured's legal bills to an outside auditor hired by the insurance carrier without the insured's consent?
The opinion concluded a lawyer may not submit an insured's legal bills to an independent audit company employed by the carrier without the insured's informed consent, because the billing records…
In Kentucky, may a Department of Public Advocacy lawyer negotiate for future employment with a prosecutor's office?
The opinion concluded a public advocate may not negotiate employment with any office that is a party or counsel in a matter the lawyer is handling personally and substantially (an absolute bar under…
Can a solo lawyer take on contract or project work from several different law firms, and must the firms tell their clients a contract lawyer is doing the work?
The opinion concluded a lawyer may work as a contract lawyer for one or more firms; DR 5-105 and DR 5-108 apply to the lawyer personally, and whether the firm's vicarious disqualification under DR…
Did an unsolicited ex parte allegation by a party's relative require the judge to recuse?
No on the stated facts. The judge had disclosed the incident, felt no bias, and saw no evidence that the party arranged it; the Commission said no further remedial action was required unless the…
Was a judge automatically disqualified when a lawyer appearing in court subleased space in the judge's building?
No on the stated sublease facts. The Commission required recusal if the judge knew a financial interest could be substantially affected by the case or other facts reasonably called impartiality into…
Could a sitting district judge use the title 'Judge' while campaigning for a circuit judgeship?
Yes, if the materials did not mislead voters into believing the candidate already held the office sought. The Commission approved an informative flyer but rejected a bumper sticker that could imply…
When a congressional subcommittee subpoenas a lawyer's files of client confidences, must the lawyer refuse and risk contempt, or can the lawyer comply?
The opinion concluded that a lawyer must raise all available, legitimate objections to a congressional subpoena to protect client confidences and secrets, but once the subcommittee overrules the…
I used to be a prosecutor and handled this defendant's case. Now in private practice, can I represent him at his parole hearing, can my firm take it if I'm screened, and can I collect a referral fee if I send it out?
The panel concluded that Rule 1.11(a) was an absolute bar to the former prosecutor personally representing the individual (RI's rule has no government-consent provision), that the firm could take…
I'm a part-time deputy probate judge for a town and I also have a private law practice. Can I represent clients before that same town's zoning board?
The panel concluded that the part-time deputy probate judge could represent clients before the municipality's zoning board if, under Rule 1.7(b), he reasonably believed the representation would not…
Can I report a client's settlement to the 'Verdicts and Settlements' column of a legal newspaper without the client's consent if I leave out the names, insurer, and docket number?
The panel concluded that the settlement details the lawyer proposed to publish were information relating to the representation, so under Rule 1.6 the lawyer could not disclose them for publication…
Could a judge serve on a county committee studying courthouse renovation or construction in 1999?
West Virginia JIC Opinion 1999-01 permitted service on the described courthouse study committee within former Canon 4C’s limits.
Can a lawyer who is called to testify as a fact witness about a former representation charge the client an hourly fee for preparing and testifying?
The opinion concluded that, assuming the payment is legal, a fully informed client may agree to pay a lawyer-witness reasonable compensation for lost time, ordinarily up to the lawyer's customary…
Must a lawyer follow a client's instruction to skip title searches the lawyer recommended, and what are the lawyer's options if the lawyer disagrees?
The opinion concluded the lawyer should follow the client's lawful instruction to forego title searches once the client is fully informed of the consequences; the decision belongs to the client, and…
Can an Ohio judge or magistrate accept appointment as a trustee on the board of a county community college?
The opinion concluded that under the former Ohio Code of Judicial Conduct a judge or magistrate could not accept appointment as a trustee of a county community college, because Canon 4(C)(2) barred…
What must a Utah lawyer do after lawfully obtaining an opposing party's privileged communication?
The opinion concluded the lawyer must notify opposing counsel of the receipt unless it is clear the attorney-client privilege was intentionally waived, grounding the duty in Rule 8.4(d).
Can a lawyer take a contingent fee to establish paternity and collect past-due child support, despite the ban on contingent fees in domestic-relations matters?
Narrowly, yes. The opinion concluded that, on these facts, a contingent fee is permissible because the reconciliation rationale for Rule 1.5(d)'s ban does not apply, provided the lawyer first…
Can a nonprofit running cause litigation control its staff lawyers' cases and require clients to refuse confidential or fee-waiver settlements?
The opinion concluded that lawyers in a lay organization's general counsel office may not manage or direct litigation for third parties they do not represent, because that lets the organization…
May a legal-aid agency disclose its clients' names and addresses to the Legal Services Corporation when federal regulations require it?
The opinion concluded that a legal service agency may report client names and addresses to the Legal Services Corporation when required by 45 CFR 1644, because such information is a client 'secret'…
Can a city attorney advise a quasi-judicial municipal board in a hearing where the city itself is a party, while another city attorney argues the city's side?
The opinion concluded a municipal attorney may serve as the board's neutral adviser only in accordance with Rule 1.7; because the role is likely materially limited by loyalty to the municipality,…
When an insurer asks defense counsel to send the insured's detailed legal bills to an outside billing auditor, may the lawyer comply without the insured's consent?
The opinion concluded that defense counsel may not provide confidences and secrets contained in billing records to an outside auditor hired by the insurer without the insured's specific, informed consent.
Can a North Carolina lawyer tell a minor client's parents about the evidence and plea offer when the minor is tried as an adult and objects?
No. The opinion concluded a lawyer owes a minor client the normal duty of confidentiality under Rule 1.14 and may not disclose the evidence or plea offer to the parents over the minor's objection…
Can a North Carolina insurance defense lawyer follow the insurer's billing guidelines that cap research and bar certain tasks?
Not without the insured's consent. The opinion concluded that the insured is the lawyer's primary client, so billing requirements that would restrain the lawyer's independent professional judgment…
Can a North Carolina lawyer hired by the husband keep representing a wife who resists an incompetency petition, and refuse to give her file to the appointed guardian?
The opinion concluded the lawyer may represent the wife resisting the incompetency petition even though the husband pays and the lawyer briefly advised him, must keep taking the wife's direction…
What must a North Carolina lawyer do to protect trust-account funds from a year 2000 computer failure at the bank?
The opinion concluded that a lawyer's fiduciary duty to safeguard client funds requires exercising due care in selecting a depository bank, including considering how the bank has addressed the year…
Can a North Carolina lawyer help a client raise money from the public to pay the client's legal fees?
The opinion concluded a lawyer may participate in soliciting third-party funds to defray a client's legal expenses if Rule 1.8(f) is satisfied; the lawyer must administer the funds honestly, hold…
Must a North Carolina lawyer give a Social Security ALJ a treating physician's letter that says the disability claimant is not disabled?
No. The opinion concluded that a lawyer generally need not present facts adverse to the client, and that although Rule 3.3(d) requires full disclosure in an ex parte proceeding, a Social Security…
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.