Legal Ethics Opinions

Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.

15,720 opinions and counting · 63 bars · Updated October 29, 2026
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OH

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…

1997-008
December 5, 1997
OH

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…

1997-007 ·Formal
December 5, 1997
AZBA

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…

97-09 ·Formal
December 1997
ME

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,…

160 ·Formal
November 26, 1997
JUDI

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.

1997-28
November 25, 1997
JUDI

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).

97-18
November 20, 1997
MS

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…

241 ·Formal
November 20, 1997
WVSB

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…

97-03 ·Formal
November 19, 1997
DCBA

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…

277 ·Formal
November 19, 1997
DCBA

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…

276 ·Formal
November 19, 1997
DCBA

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…

275 ·Formal
November 19, 1997
JUDI

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.

1997-27
November 17, 1997
RIEA

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…

97-22 ·Formal
November 13, 1997
RIEA

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…

97-21 ·Formal
November 13, 1997
SBAN

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…

1997-12 ·Formal
November 11, 1997
SBAN

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.

1997-11 ·Formal
November 11, 1997
JUDI

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.

97-680
November 10, 1997
ME

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…

159 ·Formal
November 6, 1997
AZBA

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…

97-08 ·Formal
November 1997
AL

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…

1997-02 ·Formal
October 29, 1997
NC

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…

RPC 224 ·Formal
October 24, 1997
NC

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…

97 Formal Ethics Opinion 1 ·Formal
October 24, 1997
MI

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…

RI-302
October 20, 1997
LAC

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…

491 ·Formal
October 20, 1997
WVSB

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…

97-02 ·Formal
October 17, 1997
WVSB

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…

97-01 ·Formal
October 17, 1997
JUDI

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.

97-3
October 14, 1997
OH

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…

1997-006
October 10, 1997
OH

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…

1997-005 ·Formal
October 10, 1997
RIEA

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…

97-20 ·Formal
October 9, 1997
RIEA

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…

97-19 ·Formal
October 9, 1997
RIEA

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…

97-18 ·Formal
October 9, 1997
JUDI

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.

97-679
October 3, 1997
JUDI

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…

97-678
October 3, 1997
JUDI

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.

97-677
October 3, 1997
JUDI

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…

97-676
October 3, 1997
JUDI

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.

97-675
October 3, 1997
JUDI

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.

97-674
October 3, 1997
JUDI

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.

97-673
October 3, 1997
JUDI

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.

97-672
October 3, 1997
JUDI

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.

97-671
October 3, 1997
JUDI

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.

97-670
October 3, 1997
JUDI

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.

97-669
October 3, 1997
JUDI

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.

97-668
October 3, 1997
TX

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…

523 ·Formal
October 1, 1997
TX

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),…

522 ·Formal
October 1, 1997
TX

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…

521 ·Formal
October 1, 1997
JUDI

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.

1997-25
October 1, 1997
JUDI

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.

1997-24
October 1, 1997
JUDI

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.

1997-23
October 1, 1997
AZBA

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…

97-07 ·Formal
October 1997
MI

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…

RI-301
September 29, 1997
MI

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…

RI-300
September 29, 1997
DCBA

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…

274 ·Formal
September 17, 1997
DCBA

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…

273 ·Formal
September 17, 1997
RIEA

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…

97-17 ·Formal
September 11, 1997
RIEA

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…

97-16 ·Formal
September 11, 1997
FL

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…

97-3 ·Formal
September 5, 1997
JUDI

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.

97-2
September 4, 1997
JUDI

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.

1997-22
September 4, 1997

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.