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 lawyer advertise 'no fee unless you win' for contingent-fee cases without saying anything about costs?
The opinion concluded that 'no charge unless we win' or 'you pay us only when we win' phrases improperly imply litigation costs nothing on a loss, and that 'no fee without recovery' style ads are…
Can a judge or magistrate sit on a political party's executive committee or on a county board of elections?
The opinion concluded that it is improper under Canon 7(B)(2) for a full-time or part-time judge, a magistrate, or a judge pro tempore to serve on a state or county political-party executive…
When someone becomes a judicial candidate, can they wind down a prior nonjudicial campaign committee by giving the leftover funds to a party or other candidates?
The opinion concluded that the Code of Judicial Conduct does not bar a new judicial candidate from terminating a prior nonjudicial campaign committee by disbursing the leftover nonjudicial funds to…
Must a sitting judge resign to seek appointment as county prosecutor, and what campaign activity is allowed?
The opinion concluded that a judge need not resign to be a candidate for appointment as prosecuting attorney, since the resign-to-run rule covers elections, not appointments; the judge may announce…
Can a legal services lawyer write a state official directly about a client's treatment without going through the Attorney General?
Yes. Georgia FAO 98-3 concluded that a staff lawyer for a non-profit legal services group may contact state officials, such as a prison warden, to raise concerns about the treatment of an…
What can a lawyer do with unclaimed client funds in the trust account when the owner can't be found?
Escheat them, but only after a diligent search. Georgia FAO 98-2 concluded that a lawyer holding unclaimed client or fiduciary funds may remove them from the escrow trust account and deliver them to…
In Kentucky, what duties do salaried associate lawyers owe to clients and courts when the sole practitioner who employed them dies?
The opinion concluded the employed lawyers retain limited duties under KRPC 1.1, 1.3, 1.4, and 1.15, mainly to notify the clients they personally served so those clients can give instructions, and…
In Kentucky, may a law firm send its detailed insurance-defense bills to the insurer's outside auditing company without the insured client's informed consent?
No. The opinion concluded a firm may submit detailed defense bills to a third-party auditor only with the informed consent of both the insured and the insurer, and may not release other clients'…
How long must an Arizona lawyer keep a client's file after a matter ends, who owns the file, and can the lawyer charge the client to get it?
The opinion concluded that materials the client supplied or that are the client's property must be returned and cannot be destroyed without a reasonable effort to return them and reasonable notice;…
When must an Arizona lawyer holding a client's personal-injury settlement pay a medical provider that claims a lien or assignment instead of paying the client?
The opinion concluded that ER 1.15 duties to a medical provider arise only when the lawyer has actual knowledge of a matured legal or equitable claim, such as a signed or recorded lien, an…
Can a lawyer take property-tax cases referred by a non-attorney tax reduction company, and be paid a percentage of the company's contingent fee?
The opinion concluded a lawyer may accept such cases where the property owner authorized the company to engage counsel, but not where doing so aids the company's unauthorized practice of law; the…
Could a judge’s staff take part in local elections outside court work?
Nebraska Ethics Opinion 98-3 allowed staff political activity outside work, apart from judicial employment, while directing the judge to prevent workplace campaigning or use of court resources.
Could a juvenile probation office post a new public juvenile disclosure statute?
West Virginia JIC Opinion 1998-07 found no legal or ethical prohibition on posting the public statute in the juvenile probation office.
Could a part-time family law master act as guardian ad litem in abuse and neglect cases?
West Virginia JIC Opinion 1998-06 said the family law master could not serve as guardian ad litem in those cases because the duties created substantial conflict potential and recusal concerns.
Could a judge publicly take a position on an amendment authorizing statutory courts?
West Virginia JIC Opinion 1998-05 allowed a judge to take a public position on the proposed constitutional amendment concerning legislative authority to create statutory courts.
Could a judge serve on a police block grant advisory board reviewing law enforcement spending?
West Virginia JIC Opinion 1998-04 advised the judge against joining the police block grant advisory board and suggested a nonjudge court employee instead.
Could a part-time judge finish criminal-defense matters already underway when Opinion 98-02 restricted future representations?
The Committee allowed completion of the pending representations because Opinion 98-02 applied prospectively, but said the judge should decline such matters afterward.
May a judicial candidate retain a contribution from a later litigant or accept one from a current party?
Yes, under the described facts. The Commission required the cited statutory campaign filings but no additional disclosure of these contributions.
Must a judge who owns property recuse from a county storm-water fee challenge that could affect the judge’s assessments?
No on the stated facts. The Commission found no disqualifying financial interest and concluded the judge’s other interest could not be substantially affected.
May a judge seeking reelection describe types of cases a challenger has never handled?
Yes, if the statements are true, not misleading to a reasonable person, and preserve the dignity of judicial office.
Must a trial judge recuse from a postconviction petition after witnessing an incident and testifying about it in related civil litigation?
Not automatically. The Commission required recusal if the judge developed personal bias or was, or was likely to be, a material witness under its two-part test.
When must a judge recuse if an announced election opponent is a lawyer or party in the case?
The judge must recuse from cases filed after the opponent became counsel following the candidacy announcement and from any case with that opponent as a party; earlier pending cases require…
May a judge set a status call after informally hearing of a possible conflict in a case?
Yes. The Commission permitted a status call to determine whether the reported conflict actually existed.
Does a judge remain disqualified after the party whose lawyer created the conflict is dismissed from the case?
Usually no under these facts. The Commission allowed the judge to hear the case after dismissal unless unusual additional circumstances left a continuing impartiality concern.
Must a criminal judge be disqualified when the judge's spouse supervises probation officers recommending action in the judge's cases?
The committee found a reasonable basis to question impartiality because the spouse supervised officers making recommendations to the judge. It identified Rule 21-400(C)'s disclosure and agreed…
Can a law firm hire lawyers leased from an employee-leasing company, and what must it tell clients?
The opinion concluded that using a lawfully leased temporary lawyer is not per se unethical if all participants follow the rules: the firm must control the law-related work, screen for conflicts,…
Can a lawyer record a conversation without telling the other people involved?
The opinion concluded that whether a lawyer may ethically record a conversation without the other parties' consent or knowledge is situation-specific and not unethical per se, retreating from the…
Can a Michigan judge join an investment club whose members include lawyers who might appear before the judge?
A judge may join an investment club with no lawyer members, and may join one with lawyer members only if those lawyers are not likely to appear before the judge; if a lawyer member does appear, the…
When a contingency case unexpectedly has to go to trial, may a lawyer renegotiate the contingent fee to an hourly fee and take a lien on the client's separate lawsuit to secure payment?
A lawyer may renegotiate a contingent fee, but bears the burden of meeting the business-transaction safeguards, and may accept (but not require) an assignment of other litigation proceeds if the…
If a judge is disqualified because a relative or the relative's law firm appears before the judge, can the judge accept the parties' remittal and stay on the case?
The opinion concluded that a judge disqualified because a fourth-degree relative is acting as a lawyer may accept the parties' remittal and continue to sit; whether the appearance of the relative's…
Can a lawyer who serves on a county legislature still practice criminal defense in that county if the lawyer abstains from voting on the DA's budget and discloses that?
The opinion concluded no: abstaining from votes on the district attorney's budget and disclosing the intent to abstain does not cure the bar on a lawyer-legislator practicing criminal law where the…
Can a lawyer who is regularly co-counsel with a part-time judge appear before other judges of that judge's court in unrelated cases?
The opinion concluded the lawyer may appear before other judges of the part-time judge's court only if their relationship does not make them 'partners,' 'associates,' or 'connected in the law…
What should a lawyer do after an adversary law firm's former employee calls unsolicited to report that the firm altered documents?
The opinion concluded the lawyer may not question the former employee further to extract the adversary's confidences, and where the tip suggests fraud the opposing firm may be assisting, the lawyer…
Can my firm pay class-action clients a share of the court-awarded attorneys' fees we earned by objecting to a settlement on their behalf?
The Committee concluded that a law firm may not distribute to its nonlawyer clients any portion of court-awarded attorneys' fees, even as recognition of the clients' expense and inconvenience; doing…
I represent the lender in a real estate closing. Can I prepare the seller's deed and bill the seller if the seller never asked me to and isn't my client?
The Committee concluded that a lender's attorney may prepare loan documents and be paid by the purchaser-borrower, but may not prepare a deed for the seller without the seller's request unless the…
Can I accept a personal-injury referral from a chiropractor or doctor who found the patient through telemarketing off accident reports?
The Committee concluded that a lawyer does not violate Rule 7.03(b) by accepting a referral from a health-care provider who solicited the referred patient through telemarketing solely to provide…
Could a part-time municipal judge defend criminal cases against a prosecutor who also appeared before that judge?
The Committee said the judge should decline criminal defense representation within the prosecutor’s jurisdiction because opposing an attorney who also appears before the judge creates an appearance…
Does ex parte review of a protection order application require recusal from later related cases?
Nebraska Ethics Opinion 98-1 said the statutory ex parte review itself did not require recusal from later protection order, criminal or dissolution matters; actual inability to act impartially would.
Can a private lawyer appointed as a special deputy county attorney to prosecute one matter keep representing criminal defendants elsewhere in Utah?
The opinion concluded no: under Rule 1.7(a) and the reasoning of Opinion No. 126, a special deputy county prosecutor could not represent criminal defendants in any Utah jurisdiction during the…
Can a lawyer hired by an insurance company to defend an insured send detailed billing statements to the insurer's outside audit service?
Only with the insured client's informed consent. A detailed billing statement is information relating to the representation under Rule 1.6, so before sending it to an outside auditor the lawyer must…
Can one lawyer represent both a county and a city within that county on civil matters, or is that a per se conflict of interest?
There is no blanket prohibition. A lawyer may represent both a county and a city on civil matters, but when the two entities are directly adverse on a matter the lawyer may not represent either (and…
Can a North Carolina lawyer charge a fee labeled 'nonrefundable,' and where must advance fees and flat fees be deposited?
The opinion concluded a lawyer should not label any fee 'nonrefundable' because any clearly excessive portion must always be refunded; flat fees and true general retainers may go directly to the…
Can a North Carolina lawyer take part in a real estate 'witness closing' when a nonlawyer may have searched the title without lawyer supervision?
Only after inquiry. The opinion concluded a lawyer could not participate in a witness closing if a reasonable inquiry showed an unsupervised nonlawyer had abstracted the title or given a title…
Can a law firm employ a disbarred lawyer as a paralegal, and can it keep representing clients connected to that lawyer's former firm?
Sometimes. The opinion concluded a firm could employ a disbarred lawyer as a paralegal only if it took no new clients of the disbarred lawyer's former firm after the hiring, and a firm where the…
Does North Carolina's sale-of-practice rule apply when a firm's founding lawyers transfer the practice to younger lawyers already employed there, and can the firm keep its name?
The opinion concluded Rule 1.17 does not govern a transfer of the practice to lawyers who are current employees of the firm, so the founding lawyers need not stop practicing law and Rule 1.17(g)…
When a prosecutor mistakenly tells a sentencing court a DWI client has no prior convictions, must the defense lawyer correct the record, and may the lawyer petition for a benefit the client is not eligible for?
The opinion concluded the defense lawyer may stay silent when the prosecutor mistakenly reports no prior DWI because the State carries the burden and the lawyer made no misrepresentation, but the…
Could a Maine trial judges association accept a $1,000 gift or honorarium from a trial lawyers association?
No. The committee treated the association payment as benefiting its judge members and found it impermissible under the former gift and honorarium Canons.
I was hired by an insurer to defend its insured. The insured wants copies of my letters to the insurer's adjuster that contain my analysis of liability and settlement. Do I have to hand them over?
The panel concluded that the insured is the lawyer's client, so under Rule 1.4 the lawyer must keep the insured reasonably informed and comply with reasonable requests for information; the request…
While I worked for the Attorney General I told an assault victim that the police weren't prosecuting and that he could privately prosecute. Now in private practice, can I represent that victim in a suit against the perpetrator?
The panel concluded that Rule 1.11(a) did not bar the former Attorney General lawyer from representing the victim privately, because his earlier conversations advising the victim of his options did…
I'm opening a real estate referral company I'll co-own with another lawyer, in my law office. Can I do the legal work on transactions where my company or its agents earn a commission, and if not, can I refer that work to lawyers in my building?
The panel concluded that Rule 1.7 barred the lawyer from providing legal services in a real estate transaction in which his referral company or its affiliated agents and brokers received a…
Could an Illinois judge regularly discuss courts on radio or television?
Yes, for general legal procedures and court issues. The Committee barred merits commentary on pending cases in any court while allowing procedural explanations and repetition of the official record.
Did an Illinois judge have to recuse when lawyers at a business partner’s firm appeared in court?
The Committee found no automatic recusal for firm colleagues on the stated low-impact facts, but said the partner’s personal appearance with a significant shared investment could reasonably call…
Did an Illinois judge have to remove a surname from a former firm’s name immediately before a contested election?
No, on the stated short-term facts. The Committee allowed temporary use of the surname, required removal of the judge’s individual name from listings, and called for firm-name removal if the judge won.
Did an Illinois judge have to recuse from every prosecution because the elected State’s Attorney was a recent private-practice colleague?
No. The Committee required recusal when the former partner or associate personally argued a case within the three-year period, but not solely because an assistant prosecutor appeared.
Could an Illinois judge who was not a candidate write a newspaper letter calling judicial candidates qualified?
No. The Committee treated a public statement that a candidate was qualified as an endorsement barred by former Rule 67A(1), even if it named both candidates.
Could an Illinois judge join the board of a charity administering a program the judge ordered defendants to attend?
No. The Committee applied former Rule 65B(1) because the organization’s program regularly figured in the judge’s proceedings, with additional concerns about fundraising solicitations and appearance.
Could an Illinois judge represent the judge’s own interests in an appellate case?
Yes. The Committee said former Rule 65F’s practice-of-law ban did not prevent a judge from appearing pro se, provided the judge represented only personal interests and did not exploit judicial office.
Could a nonjudge judicial candidate put “Circuit Judge” after the candidate’s name in campaign materials?
No, if the presentation implied the candidate already held judicial office or was running for retention rather than election.
Could an Illinois judge running in an election sign and circulate another judicial candidate’s nominating petitions?
Yes, where both were candidates in the same election. The Committee treated the activity as permitted even if petition circulation amounted to endorsement.
Could an Illinois judge convene or join a broad-based family violence coordinating council?
Yes. The Committee permitted participation where the council studied systems and procedures without advocating for particular litigants or appearing as a party or witness.
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.