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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If a former public defender becomes the county prosecutor, can the office prosecute the defender's old cases?
Only with case-by-case analysis: the prosecutor is personally disqualified, absent informed written consent, on matters where he or she represented the defendant or obtained protected client…
Can a Mississippi lawyer advise and assist a client in complying with the Mississippi Medical Cannabis Act, even though cannabis remains illegal under federal law?
Yes. The opinion concludes that under MRPC 1.2(d) and 1.4 a lawyer may represent and assist a client in activities authorized by and compliant with the Mississippi Medical Cannabis Act, provided the…
Does a Pennsylvania workers' comp lawyer have to ask for Section 440 counsel fees?
Not in every case, but the lawyer must raise it with the client. The opinion concludes the decision whether to seek Section 440 fees implicates the client's substantive rights, so the lawyer must…
Can a lawyer admitted in New York and Florida, with an office only in Florida, state on the Florida letterhead that he is admitted to the New York Bar?
Yes. The opinion concludes that, under the New York rules, a lawyer admitted in both states may truthfully state on his Florida letterhead that he is admitted to the New York Bar, as a truthful…
After a security breach or identity fraud drains a trust account, can a lawyer deposit the lawyer's own money into the account to cover the loss?
No. The opinion concludes a lawyer may not deposit the lawyer's own funds into the trust account to mitigate losses from theft or fraud, because Oregon RPC 1.15-1(b) allows only bank-charge and…
May a Colorado judge run for election to a public college board of trustees while remaining a judge?
No. The Board said Rule 4.4(A) required resignation on becoming a candidate for nonjudicial elective office, although service through volunteering or appointment was permitted under Rule 3.7(A)(6).
When does a Colorado lawyer's biased, discriminatory, or sexually harassing conduct violate the ethics rules, and how do Colorado's rules differ from the ABA's?
Colo. RPC 8.4(g) bars conduct that exhibits or is intended to appeal to or engender bias, but only 'in the representation of a client,' while Colo. RPC 8.4(i) bars sexual harassment in the broader…
May Alabama judges portray judges resolving fictional disputes on a paid television show?
Opinion 22-950 says the proposed recurring roles are prohibited by Canon 2C because they would likely lend the prestige of judicial office to a commercial production and exploit the judges' offices…
Can my contingency fee apply to the total of the damages award plus court-awarded statutory attorney's fees?
Yes. The panel concluded it is permissible under Rule 1.5(a) for a retainer to state that the contingency percentage applies to the total of the damages award plus court-awarded attorney's fees. The…
May a Maryland judge appear in an alumni magazine photo with a university president and other judges?
Maryland Judicial Ethics Opinion 2022-18 permits the alumni publication's recognition photograph, including one with robes, and directs the judge to tell the university that photos identifying the…
What must an Alaska lawyer do after observing that another lawyer may be impaired, and when do firm duties or mandatory reporting apply?
Impairment alone is not a rules violation. The opinion directs lawyers to focus on objective conduct; Rule 5.1 may require firm action, and Rule 8.3 requires reporting known violations that raise a…
What are an Arizona lawyer's duties around metadata in electronic documents, and can a lawyer use hidden email-tracking 'web bugs'?
Senders must scrub confidential metadata; recipients may review readily-visible metadata but must follow the inadvertent-disclosure process for anything confidential and may not 'mine' for hidden…
Can a lawyer contact a former employee of a represented organization to get information without the organization's lawyer's consent?
Generally yes. A lawyer may contact a former employee of a represented organization without opposing counsel's consent if the lawyer first discloses the client's identity and interest and the reason…
May a circuit judge’s administrative assistant help a legislator draft a new criminal offense?
West Virginia JIC Opinion 2022-15 says the assistant may not do so because a judge could not draft or lobby for that criminal legislation without appearing to favor prosecution.
Can a North Carolina attorney appointed to serve as both guardian ad litem and attorney advocate for a child file a GAL court report and testify about it?
Only with the court's leave. If appointed solely as GAL, the lawyer may file and testify; in the dual GAL and advocate role, the lawyer must inform the court of the Rule 3.7 advocate-witness…
When must a district judge recuse because the judge’s spouse is a deputy county attorney?
Nebraska Judicial Ethics Committee Opinion 22-1 distinguishes a spouse’s work in the same proceeding from separate cases. It requires recusal from a transferred problem-solving case in which the…
When is a lawyer responsible under the solicitation rule for live contact made by the lawyer or by employees, lead generators, or others acting for the lawyer?
Under amended Rule 7.3, a lawyer may not use live person-to-person contact to solicit clients for pecuniary gain, and is responsible under Rules 8.4(a) and 5.3 when employees or agents do so on the…
Can a law firm with no Utah-licensed lawyer advertise or solicit legal services in Utah?
The opinion concludes that advertising or soliciting in Utah when no member of the firm is licensed in Utah violates Rule 7.1 as materially misleading by omission, unless the communication includes…
Can a lawyer let a smartphone app access the contacts list when it contains clients whose identity is confidential?
Only with due diligence. The opinion concludes a lawyer may not grant an app access to contacts containing confidential client information unless, after reviewing the app's policies, the lawyer…
May a magistrate or immediate court staff display a resident family member’s campaign sign in the household yard?
West Virginia JIC Opinion 2022-13 says neither may place the sign, even when the candidate lives there, because the public cannot tell whose endorsement it signals.
Can an Ohio judge serve on a political party executive committee, lead a party club, or sit on a county board of elections?
No. A judicial officer may not serve on a state or county party executive committee, should not lead a political party club, and may not sit on a county board of elections, because each role…
Can a lawyer hire a lead generator service that advertises using another lawyer's or firm's trademark, name, or likeness without permission?
No. The opinion concludes it is impermissible for a lawyer to employ a lead generator that uses another lawyer's trademark, name, or likeness without permission, because that is false, misleading,…
When a lawyer is subpoenaed for documents containing a current or former client's confidential information, must the lawyer comply, object, or fight it?
The lawyer must notify the affected current or former client and seek consent to respond. If consent is not obtained, the lawyer may rely on Rule 1.6's "authorized by other law or court order"…
What must a lawyer do to protect non-party clients' confidential data on a hard drive a court has ordered produced for forensic analysis?
The opinion concludes the lawyer must notify the non-waiving clients of the order, consult them about reasonable steps to avoid or limit production, and take those steps before complying; once…
If a client's outside counsel guidelines ask a D.C. lawyer to disclose information about the lawyer's other clients, or to agree to withdraw if a midstream conflict arises, is that allowed?
The opinion concludes that, absent informed consent, a D.C. lawyer may not disclose a client's or prospective client's protected information (including the client's identity and the nature of the…
May a D.C. judge appear on fundraising letterhead or recommend a grant?
D.C. Judicial Conduct Opinion No. 15 says an organization's fundraising letterhead may identify a judge's office if it identifies other people comparably. It also permits grant recommendations for…
May a Colorado judge join or lead a bar association for lawyers with disabilities?
Yes. The Board allowed dues-paying membership and officer or board service in the proposed association, while excluding political and campaign work, amicus briefs, and use of judicial prestige to…
May a Colorado judge attend PrideFest and march with a bar association in its parade?
Yes, subject to the Board's conditions. The judge could attend the festival, watch the parade, and march with a registered bar association without using judicial status or appearing to endorse a…
May a magistrate’s spouse put a friend’s city-council campaign sign in their jointly owned yard?
West Virginia JIC Opinion 2022-12 says the sign should not be displayed because the public could not tell that the spouse alone endorsed the candidate.
May a Maryland judge recommend a lawyer who appears before the judge for a job?
Maryland Judicial Ethics Opinion 2022-14 permits a private job recommendation based on the judge's personal knowledge of the lawyer, including appropriate use of judicial letterhead, if it creates…
Can a full-time assistant county attorney take private or assigned-counsel Family Court cases where the county is not a party?
Yes, with limits. The opinion concludes such a lawyer may take Family Court matters where the county is not a party if no Rule 1.7(a) conflict exists or, if a waivable conflict exists, both the…
What conflicts arise when a Wisconsin criminal defense lawyer moves to a prosecutor's office, or a prosecutor moves to a defense firm?
The opinion concludes that a defense lawyer who interviews to become a prosecutor or who runs for district attorney has a personal conflict in every criminal case and may continue only with each…
When may an Indiana lawyer publicly comment on a pending matter?
The lawyer needs client authority and may not make statements substantially likely to materially prejudice the proceeding. Limited public-record and adverse-publicity responses remain available…
Does a nonresident Nevada-licensed attorney who uses a coworking space in Nevada 'maintain an office' under SCR 42.1, and must that address be filed as advertising?
Yes to the office; no to the advertising filing. The Committee concludes that a nonresident Nevada attorney's use of a Nevada coworking office space counts as maintaining an office under SCR 42.1,…
May a juvenile judge chair a council that funds a school program overseen by the judge's spouse?
Yes, on the stated facts. The Commission allowed continued Council service but said the judge should recuse from Council decisions concerning the spouse's school program.
May a judge negotiate with insurers on behalf of a parent after a car accident?
New Hampshire Advisory Opinion 2022-ACJE-01 permits a judge to give a family member unpaid legal advice and draft or review documents behind the scenes. It says the judge may not act as an advocate…
When a parent hires a lawyer for an injured child's personal injury claim, what does the lawyer owe the child if the parent's wishes conflict with the child's interest?
The opinion concludes the conflict rules (1.7, 1.8, 1.9) apply to the child as a client even though the parent retained and can discharge the lawyer, and the lawyer must protect the child's funds…
After Utah's 2021 overhaul of the advertising and fee-sharing rules, which older Utah ethics opinions can lawyers still rely on?
The opinion concludes that opinions resting on the 'false or misleading' standard remain applicable, while opinions that disapproved arrangements solely as paying for referrals, fee-sharing with…
May a Maryland judge permit a law clerk to publish a law journal article advocating legal change?
Maryland Judicial Ethics Opinion 2022-08 permits the clerk's article only if the judge reviews it and the publication does not identify the clerk's relationship to the judge, the court, or the…
Can a lawyer who owns a real estate company act as the lawyer on closings referred by a broker at that company, where the broker and the company split the commission?
No. The opinion concludes that because the lawyer has a financial interest in the brokerage commissions his company splits with its brokers, serving as the closing lawyer creates a per se…
May a chief probation officer mentor a juvenile in the Mountaineer Challenge Academy?
West Virginia JIC Opinion 2022-11 permits the mentoring if the chief probation officer is screened from any probation-officer participation in the juvenile’s criminal case.
May judicial-branch staff attorneys and law clerks answer public questions through Legal Connect or Free Legal Answers?
West Virginia JIC Opinion 2022-10 bars the proposed volunteering because the legal questions may be before a court and judges could not provide that service.
May a family court case coordinator mediate family cases on personal time in another circuit?
West Virginia JIC Opinion 2022-09 bars that outside mediation because a sitting family court judge could not do it and the same restriction applies to the judge’s case coordinator.
May a deputy magistrate clerk concurrently hold an elected city council seat?
West Virginia JIC Opinion 2022-08 says a deputy magistrate clerk cannot concurrently serve as an elected city council member.
How long must a judge disclose that an appearing lawyer served on the judge’s campaign committee?
West Virginia JIC Opinion 2022-07 requires disclosure from the lawyer’s joining the committee until one year after taking office or one year after committee dissolution, whichever is later.
Can a defense insurer require my client and me to sign a hold-harmless agreement indemnifying it for all liens as a condition of paying the settlement?
No. The panel concluded that conditioning payment of a personal injury settlement on the plaintiff's counsel personally signing a hold harmless/indemnification agreement violates Rules 1.8(e),…
Can a county prosecutor appear before a part-time judge who employs one of the prosecutor's assistants in private practice?
Yes. The part-time assistant prosecutor may not appear before the judge who employs the assistant's firm, and that conflict cannot be waived, but it is not imputed to the elected county prosecutor,…
When a Texas lawyer moves from a private firm that represents public entities to a private firm that is adverse to those entities, what conflicts apply, does the 'generally known' exception save the new firm, and is Rule 1.10 screening available?
Per the Committee, the migrating lawyer's personal representation of a public-entity client at the prior firm creates Rule 1.09 former-client conflicts that are imputed to all lawyers at the hiring…
When a lawyer leaves a North Carolina firm, what must the firm do with the lawyer's firm email account, and how long must it stay active?
The firm may not just deactivate the account; it must keep it active with an auto-reply announcing the departure and the lawyer's new contact information, monitor incoming mail (reviewing only…
Can a North Carolina lawyer take possession of a photograph showing a minor in sexual activity to use it as evidence in a custody case?
No. Possessing child sexual abuse material is a crime with no exception for furthering a representation, so the lawyer may not take possession of the image even as evidence, and the lawyer must…
In a residential closing where the buyer and seller have separate lawyers, can the buyer's lawyer charge the seller for work, like reviewing the other side's documents or clearing title?
Generally no. Work the buyer's lawyer does for the buyer can be charged to the seller only with the seller's agreement, the buyer's informed consent under Rule 1.8(f), and a fee that is not illegal…
May a former Connecticut municipal lawyer represent a personal-injury client against the municipality in a case the lawyer did not know about or work on?
Yes, if the lawyer did not personally and substantially participate in the same matter and has no protected information that would be used against the municipality or employee. Work on a similar but…
May a Maryland judge attend a spouse's campaign events or appear in the spouse's campaign family photo?
Maryland Judicial Ethics Opinion 2022-01 bars the judge from attending or introducing the candidate spouse at campaign events, but permits an ordinary family photo if it omits judicial title, visual…
Can a New York lawyer mediate a divorce, then represent one party to draft the settlement papers, and offer limited-scope services to pro se clients from an out-of-state office?
Yes, with conditions. The opinion permits a lawyer-mediator to later represent one party with all parties' informed written consent, permits limited-scope ghostwriting for pro se clients (disclosure…
Does an out-of-state in-house lawyer for a Utah company need a Utah in-house counsel license if the lawyer lives and works in another state?
The opinion concludes that an out-of-state in-house lawyer is not required to obtain a Utah in-house counsel license when the lawyer is not a Utah resident and does not maintain a systematic and…
May a circuit judge’s administrative assistant keep the court job while running for city council?
West Virginia JIC Opinion 2022-06 says the assistant must resign judicial employment to become a candidate for the nonjudicial council seat.
When must a Maryland judge recuse from criminal cases after supervising prosecutions in the State's Attorney's Office?
Maryland Judicial Ethics Opinion 2021-29 rejects blanket recusal from every criminal case and identifies case-specific participation, supervision, disputed-fact knowledge, or other impartiality…
May a temporary family court judge testify as an expert in an attorney-malpractice divorce case?
West Virginia JIC Opinion 2022-05 bars the expert role while serving as a temporary judge because it could use judicial status to bolster testimony and comment on a pending matter.
Which bar leadership, vacancy-commission, travel and teaching activities may an appellate judge-elect continue?
West Virginia JIC Opinion 2022-04 permits the bar presidency until term end or oath, requires immediate departure from the vacancy panel, bars past-presidency and insurer travel after the oath, and…
May a Maryland judge serve as a voting member of a county domestic violence coordinating council?
Maryland Judicial Ethics Opinion 2021-32 permits the described council service only for law-related, justice-system work, excluding prosecution recommendations and advocacy activity while preserving…
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.