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 an insurance-defense lawyer send billing records to the insurer's outside auditing company without breaching client confidentiality?
The committee did not give a categorical answer. It referred the lawyer to RPC 1.6 and the definitions of confidences and secrets, and said it could not determine in the abstract whether any…
Is it a conflict of interest for a government lawyer to prepare legal documents for a party who was aggrieved by an order the same lawyer obtained?
Yes. The committee concluded that a government lawyer's preparation of appellate documents for a party aggrieved by orders the lawyer had obtained violates RPC 1.7, and that under RPC 5.2 the lawyer…
Should the Rules of Professional Conduct add a rule requiring lawyers to treat their clients with respect, deference, and dignity?
The committee concluded that the proposed rule was unnecessary. It reasoned that the rule would be difficult to enforce, subject to abuse, and would chill some necessary advice and client control,…
Can a lawyer contact the opposing party directly when that party is represented by counsel?
No. The committee concluded that RPC 4.2 prohibited the inquiring lawyer from contacting the represented opposing party absent that party's counsel's consent or authorization by law. It declined to…
Can a lawyer on inactive status remain 'of counsel' to a law firm?
The committee concluded no: identifying a lawyer as 'of counsel' implies a continuing professional relationship that necessarily involves some practice of law, which an inactive lawyer cannot do, so…
Can a firm represent a lawyer who is opposing the firm's own client in an unrelated matter?
The committee concluded that a firm's representation of an attorney who is, personally or vicariously, representing a third party with interests directly adverse to the firm's defense client is…
Can a family-law lawyer also serve as counsel to a volunteer guardian ad litem program without a conflict?
The committee concluded that, given the lawyer's representation that the contract with the volunteer guardian ad litem program will preclude accepting private-practice matters involving the program…
What should a lawyer do about a missing client when the statute of limitations is about to run?
The committee concluded that a lawyer who wants to withdraw from a missing client's tort case must first use due diligence to locate the client, citing RPC 1.2, 1.3, and 1.4. Where a missing client…
When a client's spouse pays the fees and later wants a refund, what stays in trust and which questions depend on the retainer agreement?
The committee said the $250 in costs belongs in IOLTA, while the $1,500 fee's trust status depends on whether it was earned on signing or deposited for future work. It left refund control to the…
Does a firm's paralegal volunteering at a legal-services clinic create conflicts of interest for the firm's lawyers?
The committee concluded there is no general conflict between lawyers who employ volunteering paralegals and all clinic clients. A conflict could arise only between a lawyer and a party adverse to…
Can a head prosecutor require approval before a deputy files a bar complaint against another lawyer?
The committee concluded that an elected prosecutor may reasonably require that the prosecutor review all professional-misconduct complaints before they are filed with the WSBA, but that requiring…
Do conflicts from a law-clerk or intern job follow a lawyer after admission, and can screening cure them?
The committee concluded that conflicts from clerk or intern work can follow the person into practice: RPC 5.3 makes nonlawyers subject to the rules through the firm's lawyers, and once admitted the…
Can a criminal defense firm hire a nonlawyer assistant who previously worked at the prosecutor's office?
The committee concluded that, in general, the firm is not disqualified from accepting cases involving the County Prosecutor's office. It directed the lawyer to RPC 1.10(b)(3) if information the…
What should a lawyer do when a client refuses to accept settlement funds held in the lawyer's trust account?
The committee concluded that the disputed settlement funds should be held by the firm in an interest-bearing account under RPC 1.14 until the disbursement issue is resolved, and that the Rules of…
Can a settlement agreement restrict the plaintiff's lawyer's right to practice or use of information in future cases?
The committee concluded that RPC 5.6(b) prohibits a settlement that restricts the plaintiff's attorney's right to practice, so the lawyer may not agree to represent the defendant or to forgo…
May a clerk magistrate hear cases from a firm employing the magistrate’s spouse as office manager?
Nebraska Ethics Opinion 98-6 called for disqualification from the firm’s cases, while allowing participation after the Code’s remittal procedure and party consent.
Can a lawyer in good standing employ a disbarred or suspended attorney to work in the law office?
The opinion concluded it is clearly improper for a lawyer or firm to employ a disbarred or suspended attorney in any capacity related to the practice of law, and that what acts amount to the…
Can a Colorado lawyer pay a fact (non-expert) witness in a civil case for the time spent testifying and preparing to testify?
The opinion concluded that a lawyer may reimburse a non-expert witness in a civil action both for expenses and for the reasonable value of time spent testifying and preparing to testify, as long as…
Did opposing campaign activity and a defeated election opponent's appearance as counsel require recusal?
No on these facts. The Commission said support or opposition by parties and lawyers alone did not disqualify the judge after the election, absent personal bias or prejudice toward a party.
Could a part-time municipal judge serve on the municipality's employee grievance committee?
Yes on the stated facts. The Commission said the unpaid, nonlegal role would not interfere with court duties or impartiality, and the part-time judge was exempt from Canon 5G.
Could a judge review child abuse cases involving a former law partner at later status and post-disposition hearings?
West Virginia JIC’s December 18, 1998 letter allowed quarterly status reviews and post-disposition hearings in the described former-partner cases.
Can one lawyer draft a contract for deed for both buyer and seller, and later represent the seller when the buyer defaults and sues?
Yes to the joint drafting, no to the later switch. The opinion concluded the lawyer may represent both buyer and seller only with full disclosure and each client's consent, and may not later…
Could an appellate judge serve as a juror, and would jury-panel service require automatic recusal from later appeals?
The Committee found no Code restriction on a judge serving as a juror and no automatic disqualification merely from appellate review of cases associated with that jury panel.
What must a Child Support Enforcement Division attorney do when an investigation or hearing reveals tax evasion, perjury, or parental kidnapping?
It depends on when. The opinion concluded that violations found during investigation are a CSED policy matter, not governed by the conduct rules, because the agency (not the parties) is the client;…
What exact phrase may a Tennessee lawyer who is an approved Rule 31 mediator use on letterhead to describe that status?
Formal Ethics Opinion 98-F-142(a) amends 98-F-142. It reaches the same analysis (a Rule 31 mediator may note that status on letterhead, and 'Approved Rule 31 Mediator' may be misleading because it…
After Tennessee added Estate Planning as a certifiable specialty, what specialization-certification disclosures did lawyer advertising have to include?
Vacated. Formal Ethics Opinion 95-F-137(a) reissued the specialization-advertising disclosure rules of 95-F-137 to reflect that the Supreme Court had made certification available in Estate Planning…
The Bar's Lawyer Referral Service sends me referrals but the clients often don't call. Can I phone or write to them first without following the rules for solicitation letters?
The panel concluded that following up by telephone or letter with a person the Bar Association Lawyer Referral Service has already referred is not a solicitation under Rule 7.3, because the…
I'm on the approved-attorney panel of a prepaid legal service plan and want to send an introductory mass mailing to all plan members. Does that letter have to follow the solicitation rules?
The panel concluded that an introductory mass mailing to prepaid-plan members is a solicitation of prospective clients and must comply with Rule 7.3(b), because an attorney's status as an approved…
Did a judge have to recuse when his self-employed spouse kept books for an attorney appearing before him?
The Committee found no reasonable appearance of conflict on the described limited, independent-contractor bookkeeping facts.
Can a full-time Ohio judge or magistrate run a side business, such as delivering newspapers or driving a delivery vehicle?
The opinion concluded that under the former Ohio Code of Judicial Conduct a full-time judge or magistrate could engage in outside business only within three narrow exceptions (managing family…
Can a lawyer who served as co-administrator of an estate later represent a party in litigation against that estate over the same assets?
Partly. The opinion concluded that under the former-client conflict rule the lawyer, who had been his own client as co-administrator of the estate, could not, without the successor administrator's…
Can a law firm represent a client before a local governing body when one of the firm's lawyers is a member of that body, if the lawyer-member discloses the tie and abstains?
No. The opinion concluded it is not ethically permissible for a law firm to represent a client in a matter before a governing body on which one of the firm's lawyers serves, even if that…
Can a lawyer pay a living-trust company for 'document preparation' when the company refers clients to the lawyer to review the trusts it sells?
The opinion concluded it depends on whether the payment is fair compensation for genuine document-preparation services; if the fee is excessive, all or part of it is a disguised reward for the…
At a loan closing, if the lawyer represents only the lender and the buyers are unrepresented, must the lawyer advise the buyers about title insurance or title defects?
The opinion concluded the lawyer who represents only the lender and has clearly disclosed that has no obligation to advise the unrepresented buyers about an owner's policy or title exceptions, but…
Can insurer-retained defense counsel give an outside billing-audit company case-file information that contains the insured client's confidences or secrets?
The opinion concluded no, without the insured's consent. Because the insured (not the insurer) is the client, the confidentiality rule applies, and the insured's consent to share information with…
Can an Arizona lawyer who donates to a charity accept client referrals that come from that charity's activities?
The opinion concluded that a lawyer may accept referrals from a nonprofit organization to which the lawyer has donated, as long as the donations are casual and not conditioned on receiving…
In Kentucky, may two firms or office-sharing lawyers who often represent adverse clients share the same legal secretary?
The opinion concluded that firms or office-sharers who often represent adverse interests generally may not share a legal secretary (qualified no), because under KRPC 5.3 the lawyers cannot…
I agreed to split a contingent fee 50-50 with the attorney who referred me the case, but he has since been disbarred. Can we still split the fee, and if not, how do I pay him for his work?
The panel concluded that the lawyers could not split the contingent fee 50-50 unless each provided half the services, because a disbarred attorney cannot assume the continuing responsibility Rule…
Can a lawyer pay a nonlawyer a referral fee that is a percentage of the fees earned from the referred case?
The opinion concluded that a referral payment contingent on, and tied to the amount of, the lawyer's fees from the referred matter is the sharing of a legal fee, not a Rule 7.1(b)(5) referral fee;…
Must a law firm screen a nonlawyer it hires who used to work for the government on a related matter, and what can the firm ask them?
The opinion concluded that a firm must screen a nonlawyer former government employee from matters the same as, or substantially related to, matters on which that person assisted government lawyers…
May a California lawyer take a contractual lien on a client's recovery in one case to secure unpaid hourly fees owed in an unrelated case?
The opinion concluded that an attorney-client fee agreement may include an assignment of anticipated court-ordered statutory fees in one case to satisfy unpaid hourly fees in an unrelated client…
May a California lawyer pay reasonable litigation costs (such as court reporter fees) that the client has refused to pay, without violating Rule 4-210?
The opinion concluded that under former California Rule 4-210, an attorney may advance the reasonable expenses of prosecuting or defending an action notwithstanding the client's refusal to pay such…
When could a new circuit judge hear cases involving a former law partner who served as assistant prosecutor?
West Virginia JIC Opinion 1998-16 disqualified the judge from described juvenile and child abuse cases involving the former partner and begun during their partnership; it allowed unrelated…
Could a judge resume a case after the party whose lawyer also represented the judge left the lawsuit?
Yes if the case was properly reassigned and no unusual circumstance continued to call impartiality into question. The Commission said the original ground for recusal ended when that party left the case.
Did an alleged acquaintance with a custody litigant's family disqualify the judge?
No on the facts provided. The judge knew only a casual acquaintance who might be related to the plaintiff and had once been listed as a witness; the Commission found no close relationship reasonably…
Could a judge join a host committee for benefit banquets supporting three ministry organizations?
No for the described committee. The Commission considered the duties together and identified concerns about impartiality, possible legal advice, and using judicial prestige to solicit funds or other…
Did paying respects at a murder victim's funeral disqualify the judge from the capital trial?
No on these facts. The judge had not known the officer, only briefly offered condolences, and had formed no view on guilt; the Commission nevertheless said the judge should disclose the attendance…
Did a litigant's separate lawsuit against the judge disqualify the judge from the litigant's pending cases?
No on the stated facts, during or after the collateral suit. The Commission required recusal only if the suit caused the judge to develop actual personal bias or prejudice toward the litigant.
Did an Illinois judge have to recuse or disclose where counsel belonged to a firm left 33 years earlier and handled two old closings?
No, on the stated facts. The Committee found no reasonable question about impartiality from a 33-year-old firm association or two routine closings four and nine years earlier.
Could an Illinois judge campaigning for election also serve as an unpaid deputy voter registrar?
No. The Committee found the campaign-linked role inconsistent with former Rule 67C and the Election Code and concluded that the Illinois Constitution barred all judges from holding the registrar office.
Can a New Jersey lawyer be disciplined under RPC 8.4(g) for using peremptory challenges to strike minority jurors?
The Committee declined to read RPC 8.4(g) so that a court's finding of an impermissible discriminatory peremptory challenge under State v. Gilmore would automatically expose the attorney to…
When parties dispute escrowed funds and the escrow agreement has no release or dispute clause, may the lawyer-escrow agent just return the funds to the lawyer's own client?
The opinion concluded no: absent all parties' authorization, the lawyer-escrow agent may not release the funds except as the escrow agreement provides; the lawyer may resign but must protect the…
Can a collection lawyer tell a debtor who wrote a bad check that the debtor faces criminal penalties if the bill is not paid?
The opinion concluded no, not directly. Telling the debtor about criminal exposure to induce payment is a veiled threat barred by the rule against using criminal process for civil advantage, though…
Can an Arizona lawyer accept a referral fee from an investment adviser for sending the lawyer's clients to the adviser?
The opinion concluded that a lawyer may not accept a referral or solicitor's fee from an investment adviser for referring clients, because the lawyer's financial stake in each referral would…
Can a firm represent one co-defendant when an 'of counsel' lawyer at the same firm represents the other?
The ordinary partner and associate conflict standards apply to an 'of counsel' lawyer. Imputation bars the firm's other lawyers only when those standards require the 'of counsel' lawyer to decline…
Can a lawyer paid by an insurer to defend an insured follow the insurer's litigation-management guidelines and send bills to a third-party auditor?
Not where they cross the line. The opinion concluded a lawyer must not let an insurer's litigation-management guidelines interfere with the lawyer's independent professional judgment, and must not…
Can a lawyer take a child-support-arrearage collection case on a contingency fee?
Rarely. Because the state now collects back child support for free, the opinion concluded a contingent fee is almost never in the child's best interest; it is permitted only on a good-faith…
Can a lawyer interview an opposing company's former employees without the company's lawyer's consent, and what limits apply?
The opinion concluded that Rule 4.2 does not bar ex parte contact with an opposing party's unrepresented former employees, regardless of the position they once held, because former employees…
Did judges' active opposition to a salary class action require recusal from unrelated cases involving the plaintiffs' lawyer?
Yes. The Commission treated the judges' filed opposition, affidavit, and strategy communications as personal involvement that reasonably questioned impartiality in unrelated matters involving…
Under California Rule 1-400, may a lawyer 'cold call' a non-client to offer an in-house educational seminar on a legal topic, and may the lawyer mail bulletins or briefs describing recent legal developments to non-clients?
The opinion concluded that a telephone call offering to conduct an in-house educational seminar, or the mailing of bulletins or briefs about legal developments, to a consumer of legal services with…
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.