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 do West Virginia's advertising and solicitation rules apply to a lawyer's website, email, newsgroup postings, and chat-room contacts?
Websites are public-media advertising subject to the truthfulness rules; email and newsgroup solicitations should carry an 'Advertising Material' label; spamming can be improper harassment; and…
If a lawyer and client had no romantic relationship before the representation began, can the lawyer start a sexual relationship with the client during the case?
Probably not without violating the Rules. The committee concluded that a lawyer who begins sexual relations with a client, where no consensual sexual relationship predated the lawyer-client…
Years ago I did some work for the seller in a real estate closing while representing the buyer. Now the buyer faces an adverse-possession claim. Can I represent the buyer in a third-party warranty claim against that seller?
The panel concluded that Rule 1.9(a) prohibited the lawyer from representing the buyer against the seller, because the seller was a former client whose interests were materially adverse in a…
If a lawyer who once certified title to disputed property now represents a party in a title case and may be called as a witness, can the lawyer or the lawyer's firm keep representing the client?
The opinion concluded the firm may continue if another lawyer handles the representation, and the inquiring lawyer may personally continue until he knows or should know he is likely to be called as…
Can a judicial candidate's campaign committee accept contributions from the clerk of the common pleas court and the clerk's employees?
The opinion concluded that under the former Ohio Code of Judicial Conduct a common pleas judicial candidate's committee could accept contributions from the elected clerk of that court and the…
Can an Ohio judge accept an honorary country club membership, a round of golf, or a ticket to a sports event, and does the judge have to report it?
The opinion concluded that under the former Ohio Code of Judicial Conduct and Ohio Ethics Law a judge could accept these gifts only if the donor was not a party or interest before the judge, and…
Can an Arizona lawyer contract with an outside paralegal to interview estate-planning clients and supervise document signings, paying the paralegal per case?
The opinion concluded that a lawyer may contract with a paralegal to conduct initial interviews of and supervise document signings by estate-planning clients only if the lawyer supervises and…
Could a judge serve on a symphony artistic committee in 1998?
West Virginia JIC Opinion 1998-15 permitted the judge to serve on the symphony’s Artistic Committee so long as the service remained within former Canon 4C(3).
Could a family law master receive a share of a former practice contingency fee after taking office?
West Virginia JIC Opinion 1998-14 found no Code prohibition on the family law master receiving the prearranged fee share because the percentage was fixed before appointment and the client agreed.
Could lawyers in a judge’s spouse’s firm appear before the judge if they did not share profits?
Nebraska Ethics Opinion 98-5 required disqualification from the spouse’s and firm partners’ cases despite the absence of shared profits, subject to written party waiver; it left former-client…
Could a family law master apply for a federal magistrate judge position while still holding state office?
West Virginia JIC Opinion 1998-13 said applying was permissible, but the family law master would have to choose between the two offices if selected.
May a judge serve on the board of a community-action nonprofit that administers social-service programs?
The committee conditionally permitted service, assuming the organization, its programs, and beneficiaries were not likely to appear in proceedings before the judge's court. It identified further…
Can a New York lawyer run and advertise a trademark practice over the Internet, communicate with clients by unencrypted e-mail, and operate under a trade name?
The opinion concluded a lawyer may operate and advertise a trademark practice on the Internet and ordinarily may use unencrypted e-mail for client confidences, subject to conflict checks,…
Can a lawyer who represents a foster care agency in terminating parental rights then represent the prospective adoptive parents who want to adopt that child?
The opinion concluded no: a lawyer representing a foster care agency in surrender or termination-of-parental-rights proceedings may not represent the prospective adoptive parents either at the same…
Can a lawyer who is narrowing the fields he or she practices in sell off just the part of the practice the lawyer is dropping?
The opinion concluded no: DR 2-111 lets a lawyer sell a practice only on retiring from private practice in the geographic area, so a lawyer may not sell one portion of a practice and keep practicing…
Can a law firm host a holiday party just for the local judges and their law clerks, with only the firm's own lawyers as the other guests?
The opinion concluded no: a party targeted at the judiciary whose only other guests are the firm's lawyers creates an appearance of impropriety and is barred by DR 7-110(A) and Canon 9, even though…
Must a firm tell a client it is using a temporary lawyer, and how can it bill for that lawyer's time and any agency fee?
The opinion concluded that a firm must disclose a lawyer's temporary status and get consent whenever that status is reasonably likely to be material to the representation or the client's…
When a California lawyer's joint representation of co-clients ends and the co-clients dispute who gets the original client files, how should the lawyer handle the files?
The opinion concluded that under former Rule 3-700(D)(1), a lawyer must promptly transfer files at the request of the former client. In a joint-representation dispute, the lawyer cannot favor one…
Can a divorce lawyer file a lis pendens against the client's jointly owned property to collect unpaid attorney's fees?
The opinion concluded that a lawyer may not encumber the property that is the subject matter of the representation to collect a fee; doing so acquires a prohibited proprietary interest and is…
If I learn my client violated a court order during litigation, do I have to tell the judge or can I just withdraw?
It depends. The opinion concluded the lawyer had to correct any affirmative misrepresentation she had made to the court, and had to disclose the client's conduct or withdraw if continued…
Could an Illinois judicial candidate remain on a political party central committee or a PAC board?
No. The Committee treated both positions as offices in political organizations prohibited to judicial candidates by former Rule 67A(1)(a).
Did an Illinois judge have to list pre-bench fee-sharing referral agreements on the economic-interest statement?
Yes. The Committee read former Rule 68 and the 1986 Administrative Order to require naming each referred case and lawyer in the annual filing.
Could an Illinois judge be paid to help write a television screenplay and appear in its credits by name and title?
Yes, on the stated facts. The Committee allowed compensation and use of the judge’s name and title, subject to the former Code’s limits on duties, impartiality, exploitation, and dealings.
Did an Illinois judge have to recuse or disclose because a frequently appearing firm employed the judge’s sister-in-law as a secretary?
No, on the stated facts. The Committee found no significant case interest for the salaried relative or reasonable basis to question impartiality merely because the firm often appeared.
May a lawyer who sells insurance or owns an insurance business sell estate-planning products to law clients?
The committee said a lawyer or lawyer-controlled entity may sell insurance and related products to law clients, but compliance with the rules on client transactions, conflicts, confidentiality, and…
Could a judge join the board of an environmental charity involved in recurring permit litigation?
No for this organization. The Commission found it would regularly engage in adversary court proceedings and was concerned that the judge's public board role could lend judicial prestige to its activities.
Can a lawyer leaving a firm contact the firm's clients to tell them about the move?
Yes, for clients the lawyer worked with. Georgia FAO 97-3 concluded a departing attorney may contact clients with whom the lawyer had significant contact or active representation to advise of the…
May a judge jointly own an airplane with a lawyer and businessperson who may appear before the court?
Frequent appearances by the co-owners or lawyer's firm would bar the arrangement; recusal alone would not suffice. Rare appearances would permit it, with recusal or full disclosure and waiver in…
Could a part-time family law master also serve as a part-time U.S. magistrate judge?
West Virginia JIC Opinion 1998-12 concluded that the family law master could not hold both offices under the state constitution.
Can a lawyer discuss a client's case with another lawyer outside the firm without breaching confidentiality?
Yes, carefully. The opinion concluded a lawyer could consult an outside lawyer and was impliedly authorized under Rule 1.6 to disclose information to further the representation, but could not reveal…
Could a judge sentence someone the judge represented in a different criminal matter?
West Virginia JIC Opinion 1998-11 found no automatic disqualification on the stated facts, but required disclosure of the former representation and an opportunity for motions.
Could a judge publicly campaign for a school levy at the superintendent’s request?
West Virginia JIC Opinion 1998-10 said the judge could not be an active public supporter of the upcoming school levy.
Could a judge voluntarily send a character letter for a juvenile defendant in another state?
West Virginia JIC Opinion 1998-09 said the judge could not send the proposed character letter under former Canon 2B.
Could a judge write a grant support letter for a victim assistance or CASA agency?
Nebraska Ethics Opinion 98-4 permitted a support letter based on the judge’s personal knowledge, while cautioning against direct fundraising, membership or abuse of judicial prestige.
What political events and campaign activities did Maine’s former judicial code allow probate judges and candidates?
The committee allowed attendance and some party roles but barred political contributions, ticket purchases, and personal solicitation of campaign money or public support under the former Canons.
Could a judge hire a prominent local lawyer's mother-in-law as bailiff?
No where the hire would cause more than occasional recusal and moving the bailiff to another judge was impractical. The Commission tied the prohibition to recurring appearances by the lawyer's firm.
Could a part-time municipal judge defend a city police lieutenant in a federal civil-rights case?
No. The Commission said representing a city police supervisor would adversely reflect on the municipal judge's impartiality even though that officer and subordinates rarely appeared in the judge's court.
Could a retiring judge give a factual affidavit or interview about an unrecorded chambers conference in a former case?
Yes. The Commission found no Canon bar to a requested factual account or counsel interview before subpoenaed testimony, while distinguishing character testimony and noting that an inactive retired…
Must a judge recuse when counsel in another case represents the judge or an opposing party in a quo warranto action?
Yes. The Commission held that the judge’s personal role as relator required recusal from cases involving counsel for either side of that action, despite its public character.
Could a Maine judge serve as a town meeting moderator or municipal appeals board member?
No. The committee found that both roles were governmental offices within Canon 4C(2) and Maine Constitution Article VI, Section 5, outside the stated exceptions.
Could a Maine judge write a recommendation and use judicial letterhead?
Yes, if based on personal knowledge; letterhead was permitted when that knowledge came through the court system. The committee found letterhead inappropriate when the basis was unrelated to judicial…
Can a law firm hire a lawyer through a nonlawyer staffing agency, and how do conflicts, confidentiality, fee-sharing, disclosure, and billing apply?
Yes. The opinion concluded a firm may retain a temporary lawyer through a nonlawyer staffing agency, treating the temp like a lawyer moving between firms: conflicts and imputed disqualification turn…
Can a lawyer charge a former client for the cost of pulling a closed file out of storage?
Yes, with conditions. The opinion concluded a lawyer could charge the actual cost of retrieving a closed file only after timely notifying the client of the storage and retrieval-charge arrangement,…
What can a North Carolina lawyer holding escrowed closing funds do when the buyer and seller dispute whether the money should be released?
The opinion concluded that a lawyer acting as escrow agent must be impartial to both parties and carry out the escrow terms; if the lawyer cannot determine that the condition for release has been…
Can a North Carolina insurance defense lawyer send detailed bills to the insurer's outside audit company?
The opinion concluded that legal bills are confidential and an insurance defense lawyer may submit detailed bills to the insurer's outside audit company only with the insured's informed consent…
How long must a lawyer keep a former client's closed files, when may the files be destroyed, and may the client be charged for delivery or storage?
The opinion concluded that valuable client property must be delivered promptly or safeguarded indefinitely; other client property is governed by Rule 1.16(d), so the lawyer must notify the former…
Did local telephone numbers for several cities make a one-office firm’s yellow pages ad misleading?
A four-to-three committee majority found the particular ad, read as a whole with its one-office disclosure, was not misleading about office locations; it did not approve other claims in the ad.
Can a lawyer who is an approved Tennessee Rule 31 mediator advertise that status on the firm letterhead, and in what words?
Formal Ethics Opinion 98-F-142 concluded that a lawyer who is an approved Rule 31 mediator may state that on letterhead, but that 'Approved Rule 31 Mediator' may be misleading because it does not…
Do a litigant’s reported threats against a judge require recusal in that litigant’s later case?
No, unless the reported threats actually caused the judge to develop personal bias or prejudice against the litigant.
Must a judge recuse from harassment charges against a police officer after deciding related resisting-arrest cases?
No, unless the judge formed personal bias or prejudice concerning a party. The Commission declined to decide who should appoint a special prosecutor.
Must a judge recuse because local lawyers, court staff, law enforcement personnel, or another judge are parties?
No, those roles alone did not disqualify the judge in this case. The Commission found no special relationship or other circumstance requiring recusal.
Do past employment by parties and earlier campaign contributions require a judge to recuse?
No on the facts presented. The Commission identified narrower exceptions for legal-adviser work on the dispute or a spouse’s participation in it, neither of which was stated.
May a judge accept a fee for legal work performed before taking office when payment becomes available nine years later?
Yes, where a fee agreement predated the judgeship. The Commission said its earlier opinions controlled even though payment arrived years after taking office.
Can salaried in-house attorneys employed by an insurance company practice under a firm name that makes them look like an independent law firm?
The opinion concluded that in-house attorneys employed to represent insureds could not state or imply that they practice in a separate, independent law firm, and that their employment relationship…
Can a lawyer accept a flat fee per case from an insurance company to handle all of its insurance defense work?
The opinion concluded that a set fee per case for third-party insurance defense was not per se prohibited, but the lawyer could not accept a fee so low that it impaired her independent professional…
If a lawyer hires a social worker who is legally required to report suspected child abuse, what must the lawyer tell the client and the social worker about confidentiality?
The opinion concluded that Rule 1.6(e) does not authorize a social worker employed by a lawyer to disclose client confidences where the lawyer could not, because the employee's exception is purely…
My client, an inmate, threatened me and fired me. Can I notify the Parole Board and Attorney General or get a restraining order without breaking my duty of confidentiality?
The panel concluded that the Rules did not prohibit the lawyer from seeking a restraining order or notifying the Parole Board or Attorney General about the client's threat, so long as the lawyer…
Years ago I represented a union on contract and labor matters. Can I now represent a former union officer suing that union for defamation over statements it made recently?
The panel concluded that Rule 1.9 permitted the representation because the earlier contract and labor-relations work and the new defamation suit over 1997 statements were not the same or…
Could an Illinois judge advocate higher attorney registration fees to fund the Lawyers Assistance Program?
Yes. The Committee allowed the judge’s titled name on supporting documents and public or court-facing advocacy, including talks to bar associations, because it treated the proposal as legal-system…
Could a magistrate join a women’s professional organization that advocated on public policy?
West Virginia JIC Opinion 1998-08 advised the magistrate against membership because the club’s advocacy and legislative work conflicted with former Canon 4.
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.