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 retired judge who can be recalled to the bench work as a paid legislative lobbyist for judges' associations?
The opinion concluded that a retired judge eligible for recall to judicial service may not serve as a paid legislative agent (lobbyist) for the Common Pleas Judges' Association and the Association…
Can a lawyer agree to do all of a liability insurer's defense work for a fixed flat fee?
The opinion concluded that an attorney or firm may contract with a liability insurer to do its defense work for a fixed flat fee, but the fee must be reasonable and adequate, must not compromise…
Is a contract or temporary lawyer treated as an associate of every firm she works for when checking conflicts?
The opinion concluded that a lawyer who works on contract for more than one firm is treated as an associate of each firm for conflicts and confidentiality purposes, and so subject to imputed…
In an employment case where success might mean reinstatement rather than money, can a contingent fee be the greater of a percentage or an hourly fee, and can the percentage include interest, costs, and future benefits?
The opinion concluded yes on both. An alternative greater-of-percentage-or-hourly contingent fee is permitted, and the percentage may be applied to all amounts collected for the client (interest,…
Could a magistrate appear once on a law firm sponsored radio program about legal issues?
West Virginia JIC Opinion 1997-28 allowed the one-time appearance but limited discussion to Canon 4B topics and barred comments on specific pending or impending cases.
Did an Illinois judge violate the nepotism rule by hiring another judge’s qualified child as a secretary?
No, on the stated merit-based process. The Committee said the relationship alone did not make the appointment nepotism under former Rule 63B(4).
Are lawyers who provide arbitration and mediation services through a separate business subject to the Rules of Professional Conduct?
The opinion concludes that, although mediation and arbitration are not the practice of law per se, they are law-related services, so lawyers who provide them are subject to the Mississippi Rules of…
Can a West Virginia lawyer participate in a prepaid legal services plan, and who is responsible for the plan's advertising?
A lawyer who participates in a prepaid legal services plan is ethically responsible for the plan's advertising and solicitation in West Virginia, and a plan that pays the lawyer nothing while…
When a partner leaves a law firm, can the firm keep her name in the firm name, even over her objection?
The opinion concluded that a firm may retain a withdrawing partner's name in the firm name, even over her objection, so long as the firm has the legal right to use the name (under the partnership…
When a lawyer serves as a court-program mediator, what conflicts check must the lawyer run, and must the results be disclosed to the parties?
The opinion concluded that Rule 1.7 requires a lawyer serving as a mediator to run a conflicts check on the immediate parties to the mediation, so that service as a neutral does not compromise the…
If a firm gets confidential information from a would-be client but no engagement forms, can it later represent a different client in the same matter?
The opinion concluded that a firm that received confidential or secret information from a prospective class-action plaintiff (even where much of the material was publicly available, and even though…
Could a judge advise a state college criminal justice program on courses?
West Virginia JIC Opinion 1997-27 permitted the judge to serve on Glenville State College’s criminal justice program advisory board within former Canon 4C’s limits.
I saw records showing another lawyer wrote dozens of personal checks on a client trust account while a court had frozen the lawyer's assets. Do I have to report it to Disciplinary Counsel?
The panel concluded that if the inquiring attorney has knowledge that the other lawyer committed a rule violation raising a substantial question about honesty, trustworthiness, or fitness, Rule…
I represent A on a personal injury claim and A's spouse B on a loss-of-consortium claim, but A and B are now divorcing and B may claim part of A's lost-wages recovery. Can I keep representing both, even with a signed conflict waiver?
The panel concluded that the lawyer could not represent both A and B, because the divorce gave B an interest in A's recovery that was directly adverse under Rule 1.7(a), and the representation of A…
Must a lawyer give a client psychological records when the provider requests nondisclosure?
The committee said the lawyer must communicate the records when the client requests them or representation requires it, except for a limited delay or withholding to avoid a high probability of…
May a lawyer place business cards and brochures in a chiropractor's or physician's waiting room?
The committee found that placing truthful, nondeceptive cards or brochures in a medical office was permissible, but it would not preapprove a brochure's content and form.
May a recused Supreme Court justice vote to appoint a special justice in the same case?
Yes. The Commission characterized the appointment vote as a purely ministerial act and found no Canon bar despite the justice’s recusal from the merits.
Can a lawyer who regularly represents an adoption agency also represent the birthmother in the same consent or surrender-and-release adoption proceeding?
The opinion concluded the dual representation is not per se barred and is permissible with informed consent, even though a conflict exists, when the lawyer reasonably believes the birthmother can…
Can a lawyer who is also a CPA practice both professions together and list both titles on legal letterhead?
The opinion concluded that a lawyer who is also an accountant may practice both professions, even from the same location and list both titles, only if the businesses are kept financially and…
Can a lawyer pay a witness, and can an expert witness's fee be contingent on the outcome?
A lawyer may pay an expert witness a reasonable and customary fee for preparing and giving expert testimony, but the fee may not be contingent on the outcome. A lawyer may not pay a fact witness for…
Could a North Carolina lawyer for the employer privately contact the injured worker's treating physician, without the worker's or counsel's consent, in a workers' compensation case?
The opinion concluded the employer's lawyer could not contact the claimant's treating physician privately, without consent, citing North Carolina case law protecting patient privacy given the…
Can a North Carolina lawyer appear before a judge whom the lawyer is currently representing in the judge's own case?
The opinion concluded the lawyer may appear before a judge he represents if the disclosure-and-consent procedure of the Code of Judicial Conduct is followed; the lawyer must disclose the…
Can a criminal defense lawyer interview the complaining witness without notice to or consent of the prosecutor?
The opinion concluded that a defense lawyer may contact a complaining witness ex parte because the witness is not the prosecutor's client, so MRPC 4.2 does not bar the contact; the lawyer must…
May a California law firm destroy office files of a deceased client when there is no preexisting agreement or statute governing disposition, and is notice to the legal representatives or residuary legatees required?
The opinion concluded that before destroying a deceased client's office files where no preexisting agreement or statute applies, the law firm must give or attempt to give notice to legal…
Can a West Virginia lawyer use, or have a client use, an organization that obtains a medical expert under a contingency fee contract?
No. The opinion concluded that an arrangement where an organization obtains an expert under a contingent fee violates the literal language of West Virginia Rule 1.8(k), which bars contingent payment…
Can a West Virginia law firm advertise under a trade name while doing business under a different name made up of the partners' names?
Only if it discloses both names. The opinion concluded that advertising under a trade name that conceals the firm's identity is materially misleading, so a law office must designate every firm and…
Under the former Maine judicial code, could a judge act as cashier at a charity book sale or food stand?
No. The committee then read Canon 4(C)(3)(b)(i) to bar visible fundraising participation while allowing work behind the scenes.
When can a judge form a campaign committee, and can it spend retained funds or recruit volunteers outside the fundraising window?
The opinion concluded that an incumbent judge may form a judicial campaign committee before the Canon 7(C)(4) fundraising window (becoming a 'judicial candidate' bound by Canon 7), the committee may…
Can lawyers run an ancillary business that negotiates other businesses' legal fees down with the lawyers those businesses already hired?
The opinion concluded that it is improper for attorneys to form an ancillary business that negotiates legal fees between a business client and its retained counsel, because the business would…
I'm holding settlement money that both my client and a physician claim, and the disputed amount is small. Can I park it in a separate savings account, and do I have to file an interpleader action if they never settle?
The panel concluded that the lawyer may hold the disputed amount in a separate trust savings account pending resolution, and is not obligated to file an interpleader action; the lawyer must protect…
The IRS is auditing me and wants my appointment book, which lists court dates and client meetings, to back up my deductions. Can I hand it over without violating Rule 1.6?
The panel concluded that Rule 1.6(b)(2) permits the lawyer to produce information to the extent necessary to support claimed deductions in the IRS audit, but the lawyer must limit the disclosure and…
I once jointly represented a husband and wife in a narrow insurance complaint that has ended. Now the husband wants me to represent him in their divorce. Is the wife a former client, and can I take the case?
The panel concluded that the wife was a former client under Rule 1.9 and that the lawyer could represent the husband in the divorce, because the earlier insurance-complaint matter and the divorce…
When is a justice disqualified from deciding Commission membership while a complaint against that justice is pending?
The opinion permitted justices to decide the Court’s appointment authority generally, but required recusal after confirmed Commission notice of a pending complaint or a prior stated view on the merits.
May a judge sit on a nonprofit youth facility board while referring juveniles to that facility?
Yes on the additional facts described. The Commission permitted unpaid board service where the facility supplied needed rehabilitation and was not funded per referral; it overruled three earlier…
Must a judge recuse from a criminal case because the defendant’s aunt married the judge’s spouse’s first cousin?
No. The Commission found the defendant outside the fourth degree of relationship to the judge or spouse; this opinion superseded 97-666.
Do the judicial Canons cover part-time Court of the Judiciary members, and may they contribute to or solicit for other candidates?
Yes, Canon 7 covers those part-time judges. The Commission said it discouraged but did not prohibit contributions or solicitation for others, while barring personal solicitation for their own…
May a judge canvass church members for pledges in a stewardship campaign featuring the judge’s photograph and statement?
The Commission said Canon 5B discouraged judicial participation in charitable or religious fundraising, including the described canvassing role.
Must a judge recuse because an attorney in the case says they intend to run against the judge in the next election?
No. A stated intention to run did not alone create a reasonable impartiality question, though later facts or actual bias could require recusal.
May a judge serve as a bank director and receive normal board compensation?
Yes for an advisory role without day-to-day operations, with ordinary compensation. The opinion also addressed recusal in bank cases and the Canon 3D remittal procedure.
May a judge recommend lawyers for contract indigent-defense appointments before the judge’s court?
Yes. The Commission treated the recommendation as part of securing quality representation, subject to Canon 3B(4)’s merit, nepotism, and favoritism limits.
May an active retired judge serving part time consult for the county on jail programs?
Yes. The Commission permitted paid county consulting but said the judge must avoid assigned cases involving personal or ex parte knowledge gained in that role.
May a university name a chair for a living judge, and may the judge raise funds for it?
The chair could bear the judge’s name, but the Commission prohibited the judge from fundraising to endow it under the stated facts.
Must local judges recuse from a divorce case because one party is the circuit clerk’s child?
No. The family tie did not require disqualification, though the Commission said voluntary recusal would not violate the judges’ duty to sit.
Must an appellate judge recuse when a staff member’s spouse works for the prosecutor’s office or the trial judge under review?
No automatically. The opinion required excluding the staff member from affected cases and distinguished the senior staff attorney’s supervisory role from a temporary law clerk’s role.
If I find out another lawyer at my firm gave a client clearly negligent advice, must I tell the client or report it to the State Bar?
The Committee concluded that an associate who discovers clearly negligent legal services by another firm lawyer must inform the firm's partners or shareholders; if he resigns before confirming the…
What must my firm do after discovering that a partner who recently joined lied about his degrees and law license?
The Committee concluded the firm must take reasonable remedial action: end the relationship with the unlicensed person (continuing it would assist the unauthorized practice of law under Rule 5.05),…
Can I mail a non-personalized letter and videotape to an injured person I found in a newspaper article to solicit them as a client?
The Committee concluded that mailing a non-personalized letter and videotape to a prospective client whose identity came from a newspaper article, to obtain employment, is not prohibited if it…
Could a sitting magistrate accept a governor-appointed seat on the ERASE board?
West Virginia JIC Opinion 1997-25 concluded that article VIII, section 7 barred the magistrate from accepting the appointment to ERASE’s board.
Could a judge use allegations in a confidential judicial complaint to seek criminal or other legal action?
West Virginia JIC Opinion 1997-24 advised the judge not to use allegations from the confidential complaint for the proposed legal action.
Could a judge accept a county commission appointment to an emergency services advisory council?
West Virginia JIC Opinion 1997-23 concluded that article VIII, section 7 barred the judge from accepting the county appointment.
Can a lawyer pay a fact witness for the time spent preparing for and giving testimony?
Yes. The opinion concluded that ER 3.4 does not bar paying a fact witness reasonable compensation for time spent preparing for or giving testimony, so long as the fee is not contingent on the…
Does running a group pro se self-help divorce or custody clinic create a client-lawyer relationship with attendees, and does it conflict the legal-aid agency out of later representing a party against a former attendee?
No; with no confidential information taken and a signed agreement disavowing representation, no client-lawyer relationship forms, there is no conflict when a couple attends together, and the agency…
When a CEO privately asks a subordinate in-house lawyer for advice about firing the general counsel, may the lawyer give that advice, must the lawyer tell the general counsel, and must the lawyer alert the board?
The lawyer represents the corporation, so it may not share the CEO's confidence with the general counsel; it may advise the CEO if its judgment is not materially limited by self-interest; and on…
Can a government agency hold a public informational meeting for claimants, with its lawyers attending, when some claimants are represented by counsel who objects?
The opinion concluded that a lawyer representing a group of claimants cannot block a government agency from holding a public meeting to explain its program and answer general questions, even though…
When a lawyer moves from one firm to another, what must the lawyer and both firms do about client notice, files, and conflicts?
The opinion concluded that a lawyer changing firms must tell affected clients of the move far enough ahead to let them choose counsel (Rule 1.4); client files must go to whoever continues the…
After a personal injury settlement, a physician claims a balance-billing amount my client disputes. Can I just pay the client and notify the physician, or do I have to hold the disputed money?
The panel concluded that Rule 1.15(b) obligates the lawyer to protect the disputed funds by either retaining them in the trust account until the dispute is resolved or, if no resolution is reached…
I referred an out-of-state accident case to a lawyer licensed there and did no other work. Now they've sent me a share of the fee. Can I keep it without any written agreement with the client?
The panel concluded that where lawyers divide a fee without regard to the work each performed, Rule 1.5(e) requires a written agreement with the client by which the lawyers assume joint…
Can a lawyer accept referrals from an heir-hunting service or represent both the service and the heir in the same probate matter?
The opinion concluded that an attorney could not accept referrals from an heir-hunting service, nor represent the service and an heir jointly, where the service sought to represent heirs in a…
Could a Maine judge answer a confidential survey evaluating child welfare agency performance?
Yes. The committee found that the strictly confidential responses were not public comment under Canon 3(B)(9) and saw no Code problem with the described survey.
Could a judge voluntarily write a favorable character letter for another judge’s pending ethics case?
West Virginia JIC Opinion 1997-22 rejected the proposed letter for use in the judge’s formal ethics response as prohibited voluntary character testimony.
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.