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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When a lawyer leaves a firm, how can the lawyer and the firm notify clients and handle the client files?
The opinion concluded that a departing lawyer may tell clients of the departure, the new location, and a willingness to keep serving them, and the firm may tell clients of the departure and its wish…
Can a judge or hearing officer write a recommendation for a lawyer who appears before them to become a certified specialist?
The opinion concluded that a judge or attorney hearing officer may give a certifying agency a written recommendation for an applicant seeking attorney-specialist certification, even though the…
Can a part-time magistrate, or the magistrate's law partners, practice law in the same court where the magistrate serves?
The opinion concluded that a part-time common pleas or municipal magistrate may not practice law in the court the magistrate serves or where the appointing judge serves, but the magistrate's…
Can a lawyer state in an affidavit to disqualify a judge that the lawyer has filed a disciplinary grievance against that judge?
The opinion concluded that a lawyer may not state in an affidavit of disqualification that the lawyer filed a disciplinary grievance against the judge when the grievance has not been certified as a…
What must a Mississippi lawyer do with client or third-party funds that go unclaimed, and does it matter whether the owner is a client?
The opinion concluded that a lawyer must hold both client and third-party funds under Rule 1.15 and, when the owner cannot be located, dispose of them under the Mississippi Uniform Disposition of…
Can a lawyer who represented a plaintiff later represent one of the defendants in a post-settlement arbitration among the defendants, and can opponents disqualify the lawyer by naming him as a witness?
The opinion concluded that conflict rules apply even in non-litigation arbitration; the former plaintiff's lawyer could represent one defendant corporation in the post-settlement arbitration (to…
Could a judicial candidate campaign on specific plea-agreement terms he intended to require?
The Committee allowed statements about uniform court forms and general rehabilitation goals but barred announcing specific terms he would consider putting into plea agreements.
My former firm is suing my current client to collect old legal fees, and I worked at that firm while the fees accrued (though I did none of that work). Can I defend the client in the collection action?
The panel concluded that under Rule 1.7(b) the lawyer could represent the client if he reasonably believed the representation would not be adversely affected by his own interests or responsibilities…
Can a lawyer use a medical-legal consulting service that is paid on a contingency fee to supply an expert witness for the client's case?
The opinion concluded it was impermissible for an attorney to enter into an arrangement with a medical-legal consulting service on a contingency fee basis to provide services to the client,…
Are older Oklahoma ethics opinions about lawyer advertising and solicitation still reliable?
Not necessarily. The committee concluded that, because the law on lawyer advertising and solicitation was liberalized by Bates v. State Bar of Arizona and the cases that followed, legal-ethics…
May a lawyer who is an employee (staff attorney) of a liability insurer represent the insurer's insured in a defense?
Yes, with conditions. The committee concluded that a staff attorney employed by a liability insurer may represent the insured if the lawyer discloses all limitations on the representation, the…
Can a West Virginia lawyer agree with a liability insurer to defend the insurer's insureds for a fixed or flat fee?
Yes, flat-fee insurance defense is not a per se violation, but the lawyer must ensure in each case that the fee is enough to provide competent, diligent representation and must fully disclose the…
May a city attorney and municipal judge also serve as a county commissioner when the firm represents cities in that county?
The committee found no general professional-conduct rule barring the dual public offices, but the lawyer and firm could not represent cities on matters affecting the county; it left judicial-conduct…
Could a judicial candidate add a contribution request to first-person campaign newspaper ads?
West Virginia JIC Opinion 1998-03 rejected the proposed contribution line because the ads could appear to solicit contributions personally for the candidate.
In a Colorado criminal case, can a lawyer use a subpoena duces tecum to get documents from a witness without notifying the other side, and what must the lawyer do if a subpoenaed witness sends privileged material?
The opinion concluded that a lawyer may not use a subpoena duces tecum in a criminal case to obtain an exclusive or earlier review of documents without giving the required notice to opposing counsel…
Can a lawyer for a private client contact individual members of a government licensing board directly, without the board lawyer's consent, about the client's matter?
The opinion concluded that, under D.C.'s Rule 4.2(d), which excludes communications with government officials from the no-contact rule, a lawyer may contact individual members of a D.C. licensing…
When can a law firm use an ethical screen to avoid being disqualified because one of its lawyers has a conflict from a prior matter?
The opinion concluded that screening a disqualified lawyer can cure a firm's imputed disqualification only in three situations: where the lawyer was not a lawyer when involved in the prior matter…
May a judge serve on a committee recommending changes to Alabama domestic-violence law?
Yes. The Commission permitted service under Canon 4 if it did not interfere with judicial duties or cast doubt on impartiality.
Must a judge recuse from an insurance-policy case because the judge has a similar lawsuit against a different insurer?
No on the stated facts. Similar subject matter alone did not create a reasonable impartiality question, though personal bias or a substantially affected interest would require recusal.
Does a New Jersey lawyer have to tell a client about a potential legal malpractice claim against the lawyer, and when?
Yes. The opinion concluded that RPC 1.7(b)(2) and RPC 1.4 require a lawyer to inform a client of a potential malpractice claim against the lawyer, and that disclosure must occur when the lawyer…
Could a Nebraska clerk magistrate serve on a bank’s board of directors?
Nebraska Ethics Opinion 98-2 prohibited bank board service unless the entity fit the former Code’s closely held family business or family investment exception.
In Kentucky, may a lawyer email clients without encryption, and is a law firm website subject to the solicitation rules?
The opinion concluded a lawyer may use unencrypted email (including the Internet) to communicate with clients unless unusual circumstances require enhanced security, and that a passive law firm…
May an Arizona lawyer sell client accounts receivable to a factoring company, even with each client's consent after consultation?
The opinion concluded that selling client accounts receivable to a factor was unethical even with client consent, because the client could not be given enough information to appreciate the…
When a corporate parent is the represented party, can the opposing lawyer interview an employee of its wholly-owned subsidiary without the parent's counsel consenting?
The opinion concluded that ER 4.2 can bar ex parte contact with a subsidiary's employee, using the same three-part functional test applied to the parent's own employees: contact is barred where the…
May a lawyer serve on the board of directors of a corporation while also acting as its legal counsel, and what conflict and privilege problems does the dual role create?
The opinion concluded that the Model Rules do not prohibit a lawyer from simultaneously serving as director and counsel of a corporation, but the lawyer should make sure management and the board…
Can a discrimination plaintiff's lawyers, as part of the settlement, agree to be hired by the defendant employer to advise it on its employment practices, with the plaintiff waiving the conflict?
On these facts, yes. The opinion concluded the settlement did not violate the bar on agreements that broadly restrict a lawyer's right to practice, because the agreement contained no explicit…
Can a Commonwealth's Attorney serve on the advisory board of a local Alcohol Safety Action Program, and can that program be administered out of the prosecutor's own office?
Split. The opinion concluded it is not improper for a Commonwealth's Attorney to serve on the ASAP advisory board, consistent with prior opinions allowing prosecutors to sit on community boards that…
Must a plaintiff's lawyer who testified at a pretrial venue hearing withdraw from the trial, and can a stand-in lawyer be used to avoid the disqualification?
Yes, and no. The opinion concluded that under the witness-advocate rule a lawyer who testified for his client on the contested venue issue could not continue to conduct the trial, and that the rule…
Can North Dakota discipline an out-of-state lawyer who practices there, and must local counsel report suspected misconduct?
The committee said the out-of-state lawyer was subject to North Dakota discipline for practice there; local counsel had no duty to report to California but might have a Rule 8.3 duty to initiate…
Can a firm hire opposing counsel’s former secretary and continue the pending case if it screens the employee?
The committee found no ethics-rule bar to continuing the case if the firm used effective screening before the secretary started and no client confidences were disclosed; the court retained authority…
May a municipal judge permit live radio broadcasts of courtroom proceedings?
The committee said the Code did not resolve the question, but court Rule 8-102 barred broadcasting proceedings without express Supreme Court approval. It distinguished nonjudicial ceremonial events,…
May a nonincumbent judicial candidate allow a charity to use the candidate's name and photo in a fundraising brochure?
On the stated facts, the committee said the nonincumbent candidate could allow the brochure. It limited the conclusion to the judicial-prestige fundraising rule and a candidate who had not yet held…
Can I start charging interest on my clients' overdue legal bills even though our fee agreement never mentioned interest?
The panel concluded that the Rules do not prohibit charging interest on unpaid balances for legal services, provided the lawyer complies with applicable law on interest and, absent a prior…
Four years ago my firm represented Able in a car-accident injury claim. Can we now represent Baker, a passenger injured in a different accident, in a claim adverse to Able?
The panel concluded that Able was a former client under Rule 1.9, but because the earlier accident claim and the new one were not the same or substantially related matters, the firm could represent…
Eight years ago I got Client A sole custody in her divorce. Can I now represent Client B, the present wife of Client A's ex-husband, in Client B's own child-support case against a different ex-spouse?
The panel concluded that Client A was a former client under Rule 1.9, but the continued representation of Client B was permitted because the custody matter and the new child-support matter were not…
Can I cold-call a pro se appellee and offer to represent the appeal for free if my real goal is to log the appellate experience I need to get onto the paid court-appointment list?
The panel concluded that the proposed telephone solicitation would violate Rule 7.3(a), because a significant motive was the lawyer's own pecuniary gain in qualifying for future paid appointments,…
Can a D.C. lawyer send confidential client information by unencrypted email over the Internet without violating the confidentiality rule?
The opinion concluded that, in most circumstances, transmitting confidential information by unencrypted email does not by itself violate Rule 1.6, because the rule requires reasonable, not absolute,…
Can a D.C. lawyer form a partnership or professional association with a foreign lawyer who is not licensed in any U.S. jurisdiction?
The opinion concluded that a D.C. lawyer may join in a partnership or other professional association with a foreign lawyer who is licensed abroad but not in any U.S. jurisdiction, so long as the…
Can a lawyer set up a for-profit group legal services plan and take the client referrals it generates?
The opinion concluded that a lawyer may not receive referrals from a group legal services plan the lawyer established and runs through a for-profit organization that bears no liability for its…
Can a Michigan judge accept installment or lump-sum payment for selling a former law practice, and must the judge recuse when the buyer appears?
Accepting reasonable compensation for a practice sold under MRPC 1.17 is not the practice of law and is permitted, but when the buying lawyer or firm appears before the judge the judge must disclose…
May a judge accept a largely paid trip from Maryland entities whose interests might later come before the judge?
No, unless the judge pays the judge’s own expenses. The Committee treats the invitation as a substantial gift that could create an appearance of being beholden to future litigants.
What settlement-release clauses are off-limits in Tennessee personal injury cases, including ones that limit a plaintiff lawyer's future practice?
Formal Ethics Opinion 98-F-141 addressed four release clauses in personal injury and medical malpractice settlements: confidentiality clauses are not prohibited by any disciplinary rule (the…
I got a deposition notice and a subpoena duces tecum for a former client's documents that I think are privileged, and the client won't consent to disclosure. Can I refuse to produce them?
The panel concluded that Rule 1.6 barred the lawyer from disclosing the information without the former client's consent and required the lawyer to invoke the attorney-client privilege and…
When a California lawyer takes a security interest (a deed of trust) in real property to secure fees, does former Rule 3-300 apply if the record title is held by a third party but the client claims an interest in the property?
The opinion concluded that former Rule 3-300 applied whenever the attorney knew the client had any interest in the property pledged. Rule 3-300 was not limited to property the client owns of record;…
Can a sitting judge promote and encourage lawyers to do pro bono work, and may the judge personally ask individual attorneys to take specific cases?
A judge may engage in a wide range of activities to promote and encourage pro bono service, but should not personally solicit individual attorneys to represent specific people, to avoid coercion and…
May a judge write a requested letter to a judicial panel recommending an attorney for a circuit judgeship?
Yes. The Commission found a requested recommendation consistent with Canons 2C and 4 because a judge can contribute insight to judicial selection.
Did the alleged relationship between the judge and people associated with a party require recusal?
No on the facts supplied. The judge denied the claimed closeness and conduct, and the Commission found no relationship creating reasonable doubt about impartiality.
Is a party’s perception that a judge favors the opposing side enough to require recusal?
No. The shared opinion applies Canon 3C’s objective reasonable-person standard to the facts; a litigant’s perception alone was insufficient.
Does a litigant’s complaint to the Judicial Inquiry Commission by itself require the judge to recuse?
No. The shared opinion says a complaint alone does not disqualify the judge, though actual influence or special circumstances creating a reasonable impartiality concern could.
Did a prior related case, a complaint against the judge, perceived bias, and alleged social ties require recusal?
No on the facts provided. The Commission found no actual bias, special circumstances, or objectively reasonable impartiality concern from those allegations.
Must a judge recuse from a false-arrest suit because a defendant is a magistrate employed by the circuit clerk?
No, staff status alone was insufficient. The opinion required recusal for additional circumstances such as the judge’s appointment role, personal bias, or knowledge of disputed facts.
Must a judge return used computer equipment received lawfully from another state agency through the surplus-property program?
No. The Commission distinguished unsolicited state surplus property from the private-sector donations addressed in Opinion 97-682.
A part-time county prosecutor in private practice represents a client in a civil case, and the opposing party becomes a criminal suspect in the same county. Must the prosecutor withdraw from the civil case, or is referring the criminal matter enough?
If the prosecutor has not become personally substantially involved in, and has no meaningful control over, any investigation of the criminal matter, he need not withdraw from the civil case and can…
Can a newly-elected judge sell the judge's old law practice for a price tied to how much the buying firm later collects from those former clients?
The opinion concluded no: while a judge may sell a law practice under DR 2-111, a price contingent on the buyer's future success in keeping the former clients would induce the judge to help the firm…
Can a lawyer take a medical malpractice case from a consultant who demands a contingent consultant's fee as the price of bringing the case, and can the two contingent fees together exceed the statutory cap?
The opinion concluded a lawyer may not take a case conditioned on agreeing to a consultant's contingent fee, and that a consultant's contingent fee combined with the lawyer's may be excessive,…
Can Maine lawyers form a committee to raise funds for a national judicial-education center whose programs benefit judges, including Maine judges?
The opinion concluded no. Under the Maine rule barring lawyers from directly or indirectly giving anything of value to a judge, contributions to and solicitation for a fund that educates judges are…
If a creditor serves a writ of execution on a lawyer for client funds held in the lawyer's trust account, may the lawyer turn the funds over?
The opinion concluded that nothing in the Alaska Rules prevents a lawyer from honoring a valid writ of execution against client trust-account funds; the lawyer must pay the funds to the process…
Can a lawyer use email to communicate confidential matters with a client, and does sending unencrypted email risk waiving the privilege?
The opinion concluded a lawyer may ethically use email to communicate with a client on any topic; client consent to unencrypted email is not required, but clients should be advised it is not fully…
Can a plaintiff's lawyer contact the defendant's liability insurer or its claims representative directly when the defendant is represented by counsel?
The opinion concluded that, unless the plaintiff's lawyer has actual knowledge the insurer is itself represented by counsel in the matter, contacting the defendant's insurer or its claims…
Can a North Carolina lawyer accept credit card payments into a trust account when the bank's merchant agreement lets it charge back the account without notice?
The opinion concluded a lawyer may accept credit card payments subject to a chargeback only if other clients' trust funds are protected (by debiting a non-trust account or a dedicated trust…
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.