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 lawyer goes inactive in D.C. but stays active in other states, can his letterhead still list him as admitted to the D.C. Bar?
The opinion concluded that a lawyer who becomes an inactive member of the D.C. Bar, while remaining active elsewhere, cannot list himself as 'Admitted to N.J., P.A. and D.C. bars' on letterhead and…
Can a retired lawyer be 'of counsel' to two different law firms at the same time, and what conflicts result?
The opinion concluded that a retired attorney may serve as 'of counsel' to two firms formed by former partners if the lawyer maintains a continuing, close, regular, and personal relationship with…
A year ago I represented Marina A in a dock dispute on its south side. Now a long-time client wants permits for a new marina on Marina A's north side, and Marina A objects. Is that a conflict?
The panel concluded that the two matters were not substantially related, because the prior representation concerned only a south-side dock dispute while the new matter concerned a north-side pier…
I used to represent a police union and some of its members in grievances. Now the ousted police chief wants me to handle his removal appeal, and union members will testify against him. Is that a conflict?
The panel concluded there was no conflict precluding the representation, because none of the fifteen misconduct allegations against the chief was the same or substantially related to the lawyer's…
Opposing counsel says I can't represent the wife in this divorce because I once gave her a refrigerator and drafted a family partnership that included both spouses. Do either of those create a conflict?
The panel concluded there was no conflict: drafting the family partnership was intermediary work for common clients under Rule 2.2, the partnership interests were not marital assets and not…
As a former city solicitor, can I sue that city for a former employee on a matter I never handled? And can I represent a different city while my of-counsel affiliate is that city's solicitor and I have clients suing that city?
The panel concluded that the former solicitor could represent the employee against City A, because the lawyer did not participate in the matter as solicitor under Rule 1.11(a) and it was not…
I want to run a separate import-export and resort business out of my law office, staffed by my firm's office manager and paralegal, and some people may be clients of both. Is that allowed?
The panel concluded that the arrangement is permissible provided the lawyer and the firm's employees adhere to the Rules of Professional Conduct, particularly those on client confidentiality,…
Could a probate judge write informational articles about probate for a local newspaper?
The committee concluded that informational articles about probate were permissible, subject to limits against legal advice, comments on pending matters, and statements casting doubt on impartiality.
When a child in an abuse or neglect case has a guardian ad litem and an attorney advocate, can opposing lawyers, the prosecutor, or DSS interview the child without the advocate's consent?
No. A child represented by an attorney advocate is a represented person, so the mother's lawyer, the district attorney, and the DSS attorney all need the advocate's consent before interviewing the…
Can a North Carolina lawyer who co-owns a mortgage brokerage certify title or act as settlement agent on a loan the brokerage placed?
No. A lawyer with a financial interest in the mortgage broker that placed the loan cannot certify title or act as settlement agent, because the interest in earning the brokerage fee conflicts with…
How should a North Carolina lawyer handle fee payments received by electronic transfer or credit card when the bank can deposit them into only one account?
Because the bank cannot split a transfer between earned and unearned fees, all electronic-transfer payments should go into the trust account, with earned fees withdrawn promptly. The lawyer may pass…
Does a North Carolina lawyer owe confidentiality to a would-be client the lawyer interviewed but declined to represent, and can the lawyer later take a case adverse to that person?
Yes, the duty of confidentiality can attach to a consultation even when the lawyer declines the representation. A lawyer who learned confidential information from a would-be client may not later…
After a joint personal injury representation ends and the file goes to one client's new lawyer, can the other former co-client get access to copy it?
Yes. Each jointly represented client is entitled to access the legal file after the representation ends and must be given a reasonable chance to copy it at her own expense, but the lawyer must not…
Can a North Carolina closing lawyer represent the buyer, seller, and lender together in a residential real estate closing, and what must the lawyer do if a conflict develops?
Yes, common representation is permitted once the parties have agreed to the basic terms and their interests are generally aligned, if the lawyer can act impartially and gets each party's consent…
Can a lawyer form a partnership with a non-lawyer to provide government-relations and lobbying services without practicing other law?
The opinion concluded not while the lawyer remains on the active roll, because lobbying is the kind of service lawyers typically provide and so counts as the practice of law; the partnership is…
How do the ethics rules apply to a lawyer's website, email with clients, and answering legal questions in online chat rooms?
The opinion concluded that a law firm website is a communication subject to the advertising rules (ER 7.1-7.5), that Arizona lawyers must follow Arizona's rules for electronic communications under…
Could a judge serve on a county United Way board engaged in fundraising and grant distribution?
West Virginia JIC Opinion 1997-12 advised against United Way board service because of fundraising limits and possible court appearances by recipient organizations.
May a judge appear on a list of judicial supporters in a bar association candidate’s vote-solicitation letter?
No. The Committee concludes that endorsing the candidate uses judicial prestige to advance the candidate’s private interests; a separate list of judicial supporters emphasizes that use.
Could a Missouri public defender handle a post-conviction claim alleging ineffective assistance by another public defender?
Yes absent an actual conflict. The client had to consent after consultation, counsel and supervisors had to remain independent, and affirmative safeguards such as screening had to prevent a conflict.
Must a state’s attorney step aside from prosecuting a defense lawyer who regularly practices in the same court?
The committee said disqualification was not required on the stated facts merely because the defendant was a practicing local defense lawyer. It left the assessment of any actual conflict to the prosecutor.
Can a lawyer threaten or raise the possibility of criminal charges against the opposing party to gain an advantage in a civil case?
The opinion concluded a lawyer may use the possibility of criminal charges to gain relief in a civil matter if the criminal matter is related to the civil claim, the lawyer reasonably believes both…
Could a New Mexico trial judge appear in a CBS morning-show video that names the judicial position?
The committee concluded that the proposed video would improperly use the judge's office to endorse CBS This Morning. It said the video would be acceptable if it did not identify the speaker as a judge.
Does a matrimonial lawyer have to get a signed retainer agreement and give the client-rights statement before charging for an initial consultation?
The opinion concluded that a matrimonial lawyer need not obtain a signed retainer agreement before charging for a consultation, as long as the fee is not excessive and is disclosed in advance, but…
If a junior lawyer discovers that the supervising lawyer faked correspondence to a client, must she tell the client and report the supervisor, even after she quits?
The opinion concluded that a subordinate lawyer who learned the employing lawyer had sent the client copies of letters purportedly written on the client's behalf, but never actually sent, has a duty…
May an Alabama judge accept paid consulting work on in-state child welfare projects?
Opinion 97-642 permits the described paid, continuing in-state consulting unrelated to law, subject to Canons 5 and 6 on impartiality, duties, judicial position, compensation, and payment sources.
Must an Alabama judge take action in completed cases involving lawyer tenants?
Opinion 97-641 says no action was required for already concluded cases involving the lawyer tenants on the facts submitted, while noting possible exceptions if impartiality is actually challenged or…
Does selling rental property end a judge’s disqualification from cases involving lawyer tenants?
Opinion 97-640 says disqualification ends when the judge divests the property, unless a covered relative retains a substantially affected interest or other facts still reasonably question impartiality.
Is an Alabama judge disqualified from a divorce case after ruling in the plaintiff’s earlier divorce?
Opinion 97-639 says the judge is not disqualified merely because the judge ruled on motions and learned facts in the plaintiff’s earlier divorce. Knowledge from judicial proceedings and adverse…
Does a confidential judicial assistant’s spouse running for the Legislature disqualify the judge?
Opinion 97-638 says election or service alone does not disqualify the judge. If the spouse becomes a litigant, disqualification may arise unless the assistant takes no part in the case and does not…
Must an Alabama municipal judge step aside when a party is represented by the judge’s spouse’s first cousin?
Opinion 97-637 says the judge is disqualified when the spouse’s first cousin represents a party, subject to the Canon 3D remittal procedure.
Does a petitioner’s accusation against the judge require recusal from a Rule 32 petition?
Opinion 97-636 says no on the stated facts. The accusation did not produce personal bias or prejudice in the judge, who said the judge could decide the petition impartially.
May an Alabama judge chair a governmental child fatality review panel?
Opinion 97-635 says the judge should not accept the appointment because the panel’s child-protection policy work does not primarily concern improving law, the legal system, or the administration of…
Must a municipal judge step aside from city cases when the judge’s son serves on the council?
Opinion 97-634 says yes. The son is an officer of the city as a council member, and Canon 3C(1)(d)(i) disqualifies the judge when that city is a party, in civil and criminal matters.
Could a judge write legislators or testify about proposed legislation?
West Virginia JIC Opinion 1997-11 allowed legislative contact within former Canon 4, excluding matters pending before the judge and calling for personal, rather than official, presentation.
Could a part-time municipal judge join a student-project fundraising board and represent a judge in another municipality?
The committee cited limits allowing ordinary board letterhead but restricting personal fund solicitation. It also concluded that representation in the other municipality's dispute was not barred by…
Was an Illinois judge disqualified because the judge once represented a lawyer now appearing in court?
The Committee found no automatic disqualification merely because the judge had briefly represented the appearing lawyer in an unrelated matter, absent personal bias or prejudice. Disclosure could be…
Can a Maine lawyer charge a contingent fee in a post-divorce proceeding to enforce the property division set out in the divorce decree?
The opinion concluded yes; Bar Rule 8(c)'s bans on contingent fees for procuring a divorce and where a fee method is set by statute do not reach a proceeding to enforce an already-decreed property…
Could a West Virginia Supreme Court justice remain a Fellow of the American Academy of Matrimonial Lawyers?
West Virginia JIC Opinion 1997-10 permitted continued Academy membership under former Canon 4C(2).
My firm runs and funds a foreign government's legal aid office for its nationals in Texas. Can we contact those nationals to solicit them, and can the office take a matter we're conflicted out of?
The Committee concluded the firm and the legal aid office may contact the foreign nationals as a 'qualified non-profit organization' under the DR 7.03(a) solicitation exception, but may not accept…
In Kentucky, may a lawyer who serves as a part-time hearing examiner for a city Human Rights Commission still represent clients before that Commission in unrelated cases?
Yes. The opinion concluded the lawyer may continue to represent clients before the Commission in matters unrelated to those in which the lawyer participated as hearing examiner, by analogy to a…
In Kentucky, will the KBA Ethics Committee decide motions to disqualify counsel that are referred to it by the courts?
No. The opinion concluded the Committee has no authority to hold hearings or resolve disputed facts and that no rule provides for referring disqualification motions to it; judges decide those…
In Kentucky, may lawyers who are not in the same firm practice under a common name like 'Able, Baker, Charles & Dilbert, An Association of Attorneys'?
No. The opinion concluded that lawyers in separate firms may not use a common or umbrella firm name, because it misrepresents that they are one firm; a short association subtitle does not cure the…
In Kentucky, may a lawyer hold a client's file as security in a fee dispute?
Qualified no. The opinion concluded Kentucky law recognizes no retaining lien, so under KRPC 1.16(d) a lawyer must surrender the client's file (except true work product) on termination, even if…
What should a lawyer do with leftover trust-account funds when the owner cannot be identified?
The opinion concluded that when a lawyer holds excess trust-account funds whose ownership cannot be determined after reasonable efforts, an unrebutted presumption treats them as client funds, and…
Can a lawyer keep representing a client against a city after the lawyer's spouse is elected to that city's commission?
The opinion concluded that the lawyer may continue the representation if the lawyer reasonably believes it will not be adversely affected and the client consents after consultation; if a…
Can a lawyer agree to pay the attorney's fees and costs assessed against the client under the offer-of-judgment statute if the client loses?
The opinion concluded that an attorney could not ethically agree to pay fees and costs assessed to a client under the offer-of-judgment statute, because doing so would be prejudicial to the…
Can Ohio lawyers practice under a common trade name licensed through a nationwide law-firm franchise?
The opinion concluded that Ohio attorneys may not practice law under a common trade name franchised to attorneys across the nation, because it uses a prohibited trade name, implies a partnership…
Can a lawyer practice in more than one law firm at the same time?
Yes, with conditions. Georgia FAO 97-2 concluded a lawyer may practice in more than one firm if the firms have different ownership, the public and clients are clearly informed, and each firm follows…
For years, a colleague at my firm defended B for B's insurer while I pursued A's indemnity claim against B. B's case has settled and I've now sued B for A. B says I have a conflict. Can I continue?
The panel concluded that the lawyer was precluded under Rule 1.7(b) from continuing to represent A and advised withdrawal, because the firm had concurrently represented A and B, adverse parties,…
I'm suing Jones Company for my client. A colleague at my firm, unaware of my case, represented a bank lending to Jones and got Jones's financials. Do I have to withdraw?
The panel concluded there was no conflict of interest requiring withdrawal, because the firm colleague represented the lender rather than Jones Company and the representation of the client was not…
Can a former judge represent a party on a child-support matter where, as judge, the lawyer issued the support order at issue?
The opinion concluded that the former judge may not represent a party in a matter in which the lawyer participated personally and substantially as a judge unless all parties consent after…
Did a third cousin’s prosecutor office employment disqualify a judge from criminal cases?
West Virginia JIC Opinion 1997-09 said the third cousin’s paralegal and office manager job did not affect the judge’s handling of criminal matters under former Canon 3E(1)(d).
Could a judge send thank-you letters to members of a jury panel?
West Virginia JIC Opinion 1997-08 permitted letters after the jurors’ term, provided they avoided trials, verdicts, issues, and requests for deliberation comments.
Could judges participate in domestic violence coordinating councils under the proposed 1997 protocol?
West Virginia JIC Opinion 1997-07 found judicial participation under the draft councils’ stated goals incompatible with several former Canons.
Does a magistrate’s assistant having a police or prosecutor spouse automatically disqualify the magistrate?
West Virginia JIC Opinion 1997-05 found no automatic disqualification, required case-specific analysis, and called for disclosure of the assistant’s relationship in each affected case.
Could a new judge continue serving as attorney in fact for a close elderly friend?
West Virginia JIC Opinion 1997-04 allowed the unpaid fiduciary role because the Commission treated the longtime friend as a family member under former Canon 4E(1)’s close relationship definition.
Could a senior status judge serve on the State Bar’s fee resolution committee?
West Virginia JIC Opinion 1997-03 allowed a senior status judge to serve on the State Bar fee resolution committee under former Canon 6B(4).
Could a new circuit judge sign an agreed lawyer disciplinary stipulation from prior panel service?
West Virginia JIC Opinion 1997-02 found no Code violation in signing the already agreed stipulation to complete the judge’s former hearing-panel responsibilities.
Could a mental hygiene commissioner sit on a public defender corporation board whose lawyers appeared before the commissioner?
West Virginia JIC Opinion 1997-01 barred the commissioner from serving on the public defender corporation board under former Canon 4C(3)(a).
If both spouses separately contacted a lawyer's office about a divorce, can the lawyer still represent one of them?
The opinion concluded the lawyer may represent either party unless she obtained a material confidence or secret from the adverse party, disclosed in good faith; in domestic cases even the fact of…
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.