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 part-time city or county legislator defend criminal cases that require cross-examining police or opposing a prosecutor whose budget the legislature controls?
The opinion concluded no: a lawyer who sits on a municipal legislature with budgetary or appointment authority over a prosecutor's office or police department may not take a criminal defense matter…
Must a judge recuse when conflict with a lawyer makes the judge unable to decide fairly?
West Virginia JIC Opinion 1997-17 said the judge must recuse from a proceeding if the stated conflict prevents a fair and impartial decision.
Could a magistrate formerly active in MADD hear alcohol offense cases?
West Virginia JIC Opinion 1997-15 required disqualification from alcohol offenses predating the magistrate’s term, including later cases enhanced by such a predicate offense.
Must a judge recuse from city police cases because the judge’s spouse sits on city council?
West Virginia JIC Opinion 1997-14 found no automatic recusal in all police cases but required disclosure of the spouse’s council role so parties could seek disqualification.
Can a Colorado contingent fee agreement include a clause that converts the fee to an hourly or quantum meruit amount if the client fires the lawyer before the case resolves?
The opinion concluded that conversion clauses are not per se improper, but a clause is unethical if it penalizes the client's absolute right to discharge counsel or produces an unreasonable fee; it…
Can a lawyer newly hired to handle appeals for a county prosecutor's office keep representing a criminal defendant on appeal when the prosecution was run by the Attorney General in another county and the new office will not appear in the case?
Yes; under MRPC 1.11(c) a lawyer who becomes a public officer is barred from a matter only where the governmental employer is also a party, and here the County 1 prosecutor was not and will not be a…
Could a part-time municipal judge represent the same city in civil cases outside his own court?
The Committee concluded that representing the city he served as judge was inappropriate in any forum because it could undermine the appearance of impartiality, although his part-time status allowed…
Can a full-time judicial law clerk also practice law part-time, and how does it affect the judge's cases and appointments?
The opinion concluded that if a court permits a judicial law clerk to practice law part-time, the clerk may not represent clients in matters before the judge served or before other judges in the…
Is it ethical for a lawyer to secretly record conversations with clients, witnesses, opposing counsel, or others during a representation?
The opinion concluded that an attorney should not make surreptitious recordings of conversations during legal representation without notice or consent; such recording may violate the dishonesty rule…
Can a lawyer who is on a nonprofit's referral list and receives referrals from it make a charitable donation to that organization?
The opinion concluded yes, as long as the donation is clearly charitable and is not part of a tacit arrangement to compensate the organization for the referrals; otherwise it would be paying for…
Can a lawyer let a third party (here a university and its insurer) pay the client's defense fees under conditions like consultation rights and a no-future-adversity clause?
Only if the client consents after full disclosure and the lawyer is satisfied the arrangement will not interfere with independent judgment or the client-lawyer relationship; consent cannot cure an…
In Kentucky, may a lawyer pay a non-expert (occurrence) witness for time spent attending a deposition, trial, or preparation meeting?
Qualified yes. The opinion concluded that under KRPC 3.4(b) a lawyer may, but need not, pay a non-expert witness reasonable out-of-pocket expenses and reasonable lost income actually incurred in…
Can a Utah lawyer accept credit cards for legal fees and costs?
Yes. The opinion concluded lawyers may accept payment by credit card like other merchants, overruling the earlier Opinion 21, subject to ordinary duties such as safekeeping advance payments and…
In a joint representation of spouses, can a lawyer reveal one spouse's secret to the other, and must the lawyer withdraw?
The opinion concluded that the lawyer's duty of confidentiality to the communicating spouse prevailed: the lawyer could not reveal the husband's separate confidence to the wife and was required to…
Can a law firm assign unpaid fee accounts to a firm-owned corporation and then represent that corporation in suing the former clients?
The opinion concluded that a firm could assign delinquent fee receivables to a corporation wholly owned by the firm's partners and could represent that corporation in collection suits against former…
Can a firm withdraw from representing one client so it can take a position adverse to that client on behalf of another client who refuses to waive the conflict?
The opinion concluded that a firm may continue representing a long-standing client (A) in a proceeding that a second client (B) initiated against A, even though B will not waive, provided the firm…
May a juvenile court judge serve on an executive branch health and human services policy council?
The Committee concluded that service on the Partnership Council was prohibited under former Canon 4C(3)(a) because the council’s work could intersect with adversary proceedings in the judge’s court;…
Can a divorce lawyer or the lawyer's firm take a contingent fee for a tort suit by the client against the spouse, even if it is tried with the matrimonial case?
The opinion concluded yes: DR 2-106(C)(2) bars a contingent fee only where it turns on securing a divorce or on the amount of support, maintenance, equitable distribution, or property settlement, so…
Can a lawyer for the petitioner in a guardianship proceeding accept a fee from the petitioner on top of the fee the court awards from the incapacitated person's assets?
The opinion concluded yes, provided the total fee is not excessive under DR 2-106 and accepting the extra fee does not violate any law, court rule, or court order; the lawyer must also consider…
Can a Colorado lawyer accept credit card payment for legal fees and expenses, and what ethics rules apply to client confidentiality and advance fees paid by card?
The opinion concluded that a lawyer may accept payment for legal services and expenses by credit card if the lawyer first consults with the client and implements protective measures, chiefly…
May a full-time Alabama district judge mediate a circuit-court action without pay?
Opinion 97-650 says a full-time district judge may not mediate a case not before the judge, even with the parties’ agreement and no fee.
May an Alabama judge explain a criticized sentence after the appeal period expires?
Opinion 97-649 says the judge should not explain the sentence to a critic, even if the judge offers to recuse from any later Rule 32 petition.
Is a judge disqualified because counsel’s son practices medicine with the judge’s father and brother?
Opinion 97-648 says no on the stated facts. The medical practice was not a party, and the relatives had no interest in the outcome or likely role as material witnesses.
Does a party’s membership in the same professional association as a judge’s father and brother disqualify the judge?
Opinion 97-647 says no on the stated facts. The large association was not a party, and shared membership by the judge’s father and brother did not itself call the judge’s impartiality into question.
Must a judge recuse from an appeal by a trooper suspected in an attack on the judge’s home?
Opinion 97-646 requires recusal where the trooper was a suspect in an unsolved shotgun attack on the judge’s house and appealed a termination tied to that investigation.
Does a judge’s earlier campaign contribution to another judge disqualify the donor from a reassigned case?
Opinion 97-645 says no on the stated facts: the donating judge’s contribution eight years earlier did not require disqualification from a Rule 32 case reassigned by the recipient judge.
May an Alabama judge file an amicus brief on county jail conditions in a pending federal case?
Opinion 97-644 says the judge may not file such a brief in this or any other action, even though jail conditions affect people the judge sentences and the judge’s official work.
May an Alabama appellate judge rejoin a case after the firm of the judge’s spouse’s lawyer withdraws?
Opinion 97-643 says the judge was not disqualified merely because the spouse’s lawyer’s firm appeared in the case; the judge could resume review after that firm withdrew.
A colleague at my firm drafted and witnessed a will and will likely testify in a contested probate over the testator's capacity. Can I still represent the executor or estate in that proceeding?
The panel concluded that under Rule 3.7(b) the lawyer may represent the executor or estate in a probate proceeding in which another lawyer in the firm is likely to testify, because the…
I left my old firm, where a colleague represents the wife in a pending divorce. The husband now wants to hire me, and I never worked on the wife's file. Am I disqualified?
The panel concluded that under Rule 1.10(b) the lawyer is not disqualified from representing the husband if the lawyer acquired no knowledge of information protected by Rules 1.6 and 1.9(b) about…
Can a law school clinic's supervising attorney represent a client against a lawyer who is on the law school's board of trustees or faculty?
The opinion concluded yes, but only if the clinic attorney reasonably believes the trustee's or faculty member's role will not affect the attorney's professional judgment and, after full disclosure,…
Could an Illinois judge publish a novel with legal issues and use the judicial title as author?
The Committee permitted the judge to publish the novel, receive payment, and use the judge’s name and title if the writing met the former Code’s limits on judicial duties, impartiality,…
Could an Illinois judge serve as executor of the judge’s mother’s estate and take an executor fee?
The Committee allowed executor service for the mother’s estate if it met the former Code’s court and duty limits, but barred compensation to the judge. It permitted payment to the judge’s spouse for…
Could an Illinois judge remain trustee of an unrelated client’s charitable trust and take a fee?
The Committee allowed the judge to continue as trustee of the described charitable trust under former Rule 65B, but prohibited compensation under former Rule 66.
Could an Illinois judge on Army reserve duty give legal advice and receive military pay?
The Committee said a judge recalled for Judge Advocate General reserve duty could give legal advice, serve on military courts, prepare documents for personnel, and be paid by the military.
Could an Illinois judge attend a promotional event for a family business bearing the judge’s surname?
The Committee allowed attendance if the judge was not introduced by judicial title or wore a badge bearing it. Former Rule 65C(2) barred active management or service as an officer, director, or…
Could an Illinois judge serve as director and treasurer of a nonprofit supporting school programs?
The Committee allowed unpaid director and treasurer service for the described educational nonprofit, subject to former Rule 65B limits on member advantage, litigation, and fundraising use of the…
Could an Illinois judge become trustee of a charitable foundation that invests funds and makes grants?
The Committee permitted trusteeship if the foundation did not advance members’ economic or political interests, create specified litigation exposure, impair impartiality, or interfere with judicial duties.
What did the Committee say about recusal when a lawyer appearing in court rented office space from the judge?
The Committee said the ongoing landlord relationship called for recusal when the lawyer appeared, with disclosure and possible waiver under Canon 3F as an alternative.
Can one attorney act as a neutral 'closing agent' for both the buyer and the seller in the sale of a business?
The opinion concluded that an attorney could not act as 'closing agent' for a business sale where material terms of the contract had not been agreed to or discussed, because such a transaction…
When an insurer hires a lawyer to defend its insured, can the lawyer follow the insurer's instruction to file a motion that would harm the insured?
The opinion concluded that the lawyer's primary duty is to the insured and that the lawyer could not file a summary judgment motion at the insurer's instruction where the lawyer had determined the…
Do I have to report another lawyer to the bar if I only suspect, but can't prove, that the lawyer committed misconduct?
The Committee concluded that Rule 8.03(a) requires reporting only when a lawyer has knowledge, not mere suspicion, that another lawyer committed a violation; a mandatory report must rest on…
May a California lawyer send a written communication addressed to a represented party but delivered through that party's attorney, and may the lawyer communicate ex parte with an adverse non-party witness?
The opinion concluded that under former Rule 2-100, an attorney may send a written communication to a represented party provided delivery is made through the attorney representing that party. The…
In Kentucky, may a lawyer negotiate for a job with the firm representing the adverse party in a matter, and must the negotiations be disclosed to the lawyer's client?
The opinion concluded that a lawyer actually working on the matter, or who has protected client information under KRPC 1.9/1.10, may not negotiate with the opposing firm without the client's…
Could a judge keep an ownership interest in office space rented to lawyers who regularly appear before the judge's court?
The committee found a problematic continuing business relationship despite the judge's small interest. It said the Code called for divestment when feasible, with disclosure and possible waiver as an…
Could a family law master hear a case involving a lawyer from the master’s former firm?
West Virginia JIC Opinion 1997-06 barred cases the former colleague handled during their association, while allowing later firm cases with disclosure for a reasonable time.
May a firm sue a former divorce client in an unrelated personal injury action?
The committee said Rule 1.9 did not bar the new accident representation on the stated assumption that the divorce client was a former client and the matters were unrelated. The firm still could not…
Must defense counsel report a prosecutor after confidential mental-health records were apparently sent to another state by mistake?
The committee said no report was required on the stated facts, where the lawyer understood the records’ release to be unintentional and had not found a substantial question about the prosecutor’s…
Can partners represent a family corporation and one 50-percent shareholder in divorce from the other?
With alleged misuse of corporate property, the committee found adverse interests between corporation and husband. It said the wife’s informed consent was required for the firm to continue for the…
Can a California lawyer include retainer-agreement language limiting the client's recovery of punitive or non-economic damages in a malpractice action, or conditioning the lawyer's malpractice liability on the lawyer's representation of the client in a related third-party action?
The opinion concluded that under former Rule 3-400, a lawyer may not include retainer language limiting the client's right to recover punitive or non-economic damages in a malpractice action, and…
Can a lawyer accept payment in property or services instead of money, and can a lawyer barter legal services through a barter exchange?
Yes to both in principle. Nothing requires fees be paid in money as long as the fee is reasonable and complies with the prohibited-transaction rules, and bartering through an exchange is not barred…
Can a law firm sell or give its client list (names, addresses, and phone numbers) to securities brokers, financial planners, or insurance agents without the clients' consent?
No. A client's name, address, and telephone number obtained through the representation are confidential under Rule 1.6, so the firm may not furnish a client list to third parties, with or without a…
Can a lawyer send a direct-mail solicitation, for profit, advertising mediation and arbitration services to people already in litigation?
Yes, but only if the mailing makes clear to all recipients that the alternative dispute resolution services are not legal services and that no attorney-client relationship will be created; on those…
Could a magistrate attend annual events hosted by victim assistance, violence prevention, and police groups?
A majority in West Virginia JIC Opinion 1997-13 advised against attending the described events because the groups represented one interest and could appear in court regularly.
When drafting a client's will or trust, can the lawyer suggest being named as the personal representative or trustee, and as the estate's lawyer?
The lawyer may not suggest naming themselves as personal representative or trustee, since that is solicitation, but may accept the nomination if the client asks independently and the lawyer makes…
When can a lawyer who is also a licensed insurance broker sell insurance products to the lawyer's own clients and to non-clients?
The opinion concluded the lawyer may sell insurance to a client only where insurance advice is tangential to the representation, with full disclosure and consent; where advising on the insurance is…
Can a part-time village attorney who handles prosecutions serve as a political party committeeman or circulate designating petitions for candidates?
The opinion concluded no: a part-time village attorney who performs a prosecutorial function may not serve as a party committeeman or circulate designating petitions, because prosecutors must avoid…
Can a lawyer represent another lawyer in one matter while the two of them are on opposite sides for other clients, and does that conflict spread to their firms?
The opinion concluded that two lawyers may have a lawyer-client relationship while opposing each other for third-party clients only if neither lawyer's representation of his own client would be…
If a lawyer represents one government agency, can she or her firm also represent a private client against a different agency of the same government in an unrelated matter?
The opinion concluded that a lawyer may not simultaneously oppose her own government client without informed consent, but she may represent a private party against another government entity in the…
Could a justice write an unsolicited recommendation for a prospective federal judge?
The Committee permitted the contemplated letter if the justice had adequate personal knowledge and no undue intent to capitalize on judicial prestige; it did not require waiting for an official inquiry.
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.