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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May a judge help interview candidates for probation officer and detention coordinator jobs?
The committee advised against both panels because selected officers might later recommend sentences or testify before the judge, creating an appearance of special influence and possible recusal.
Can a North Carolina firm use an intake form disclaiming any client-lawyer relationship during a free consultation, then represent the consulting person's spouse against him?
No. A signed form purporting to disclaim a client-lawyer relationship during a free consultation does not let the firm later represent the opposing party. It is also unethical to stage consultations…
Can a North Carolina prosecutor threaten to use the office's power to calendar criminal cases to pressure a defendant into accepting a plea bargain?
No. Threatening to use the calendaring power to delay a defendant's trial in order to coerce a plea is prejudicial to the administration of justice. A lawyer who overhears it need not report an…
Must a North Carolina lawyer's introductory letter to newly formed corporations carry the 'advertisement for legal services' label, and may the firm offer business consulting?
Yes. A targeted direct-mail letter soliciting employment must state 'This is an advertisement for legal services.' A lawyer may also provide business consulting as a firm service, but the conduct…
Can a North Carolina lawyer pay to be listed in a national internet directory of lawyers, and what must the listing say about licensure and specialty?
Yes, if the listing is truthful and not misleading. To avoid misleading out-of-state users, it should state the jurisdictions where the lawyer is licensed and the location of the principal office,…
Can a North Carolina lawyer represent an accident client only on the personal injury claim and leave her to handle the property damage claim herself?
Yes, if the limited representation will not adversely affect the personal injury claim and the client consents after full disclosure. Because the lawyer's representation letter consents to contact…
Can a North Carolina lawyer issue subpoenas to witnesses or records custodians when no action is pending or no hearing is scheduled, to get them to appear or produce documents?
No. Using a subpoena to mislead a witness or custodian about whether a lawsuit is pending, whether a hearing is scheduled, or the lawyer's authority to compel production is deceptive and improper. A…
What should a North Carolina state appellate lawyer do when a represented criminal defendant writes directly asking for advice on removing his own appellate counsel?
The lawyer for the state should not communicate directly with the represented defendant. The lawyer should send copies of the letters to the defendant's appellate counsel, and may send the defendant…
Must an Alabama judge disclose a loan from a plaintiff bank before default judgment against a nonanswering defendant?
Opinion 97-633 says the judge need not disclose the loan to a defendant who has not answered and may enter the requested default judgment in that situation.
When must a circuit judge step aside from city appeals or cases because the spouse is a municipal judge and city employee?
Opinion 97-632 disqualifies the circuit judge from an appeal if the spouse participated below. Other city cases are not automatically barred by the spouse’s employment; affected interests, witness…
May a part-time retired judge hear a case involving a title insurer for which the judge has worked?
Opinion 97-631 disqualifies the retired judge from a special supreme court case brought by a title insurer for which the judge had performed and was authorized to perform title-insurance work.
If an accused person calls a lawyer for help turning himself in, can the lawyer give police the client's phone number or whereabouts?
No. Information an accused gives a lawyer in an initial telephone conference, where the lawyer agrees to represent him, is confidential under Rule 1.6, even against a request from law enforcement…
What must a Utah lawyer do with trust funds held for a client the lawyer cannot locate?
The opinion said the lawyer must first secure the funds in trust, make reasonable diligent efforts to find the client, and if the client still cannot be found, hold the funds and ultimately follow…
Could a D.C. judicial clerk accept interview costs, moving expenses, or a bonus from a future employer?
D.C. Judicial Conduct Opinion No. 7 allowed reasonable recruiting and actual transition expenses from a prospective employer during a clerkship, but said a clerk should not accept a hiring bonus or…
Can a lawyer advise non-English-speaking clients through a non-lawyer interpreter and offer consultations over a 1-900 pay-per-call telephone number?
The opinion concluded that a lawyer may use a non-lawyer interpreter to communicate legal advice (and must do so when needed) so long as the lawyer supervises the interpreter to keep them from…
What did the committee provide in Opinion 97-02 about a judge's spouse's employment?
The 1997 letter supplied no independent facts or ruling; it enclosed Opinion 91-01 as a likely answer and invited further questions. The enclosure addressed recusal and disclosure when a judge's…
If a lawyer receives a confidential letter that the opposing party's own client mailed without their lawyer's knowledge, must the lawyer notify the opposing counsel?
The opinion concluded the receiving lawyer has no ethical obligation to notify the opponent when the opposing party's own client intentionally sent the confidential material, especially over the…
When a corporation's lawyer interviews employees in an internal investigation, does the lawyer represent the employees, and what must the lawyer tell them?
The opinion concluded that a lawyer retained to conduct a corporate internal investigation represents the corporation only, not its constituents, so interviewed officers and employees have no…
Can a Maine lawyer or firm argue opposite sides of the same legal issue for two clients in separate, unrelated cases?
The opinion concluded that an issue (positional) conflict, standing alone, is not a conflict of interest under Maine Bar Rule 3.4(b)(1); Maine declined to follow ABA Formal Op. 93-377.
Could an Illinois judge help develop a local sexual assault task force’s program?
No. The Committee concluded that the task force’s close work with prosecution and its members’ expected testimony in adversary proceedings made the proposed membership inconsistent with former Rule 65B.
Could immunized grand jury testimony support Illinois judicial discipline for acts before a judge took office?
The Committee said immunized testimony could be used in judicial discipline, but under the then-controlling Courts Commission decision, conduct before taking the bench could not itself support…
How did Illinois judicial ethics rules address a judge’s Fifth Amendment claim in a grand jury inquiry about official duties?
The Committee said a judge could be disciplined for invoking the Fifth Amendment or bargaining for immunity concerning questions specifically, directly, and narrowly tied to official duties, but…
My personal injury plaintiff died and the estate's beneficiary wants me to settle. Do I have to tell the defendants and the court about the death before accepting a settlement offer?
The panel concluded that the Rules require the lawyer to inform both the defendants and the court of the plaintiff's death, because failing to disclose the death to the adversary is equivalent to a…
Can a collections lawyer pay a percentage of recoveries to a third-party software/electronic-network company that connects the firm with creditor clients?
Yes. The opinion concluded that paying a national attorney network a 3% fee for software licensing and electronic data transfer is not fee-splitting with a non-lawyer and is not a prohibited…
Can salaried in-house insurance company lawyers hold themselves out as a private law firm under their own names?
No. The opinion concluded that salaried in-house insurance company lawyers may not hold themselves out as a separate law firm under their surnames, because doing so misrepresents their insurance…
May a law firm have business clients distribute its coupons to customers?
The opinion says paying only the coupons' actual cost would not violate Rule 4-7.2(c), but giving distributing businesses anything of value would. It declines a definite ruling on distribution…
Does a county contract to represent indigent parents in juvenile cases bar unrelated criminal defense?
The opinion says the contract does not prohibit unrelated criminal defense under Rule 4-1.7 on the stated facts, including that the firm represents the parents and not the juvenile officer or…
May a part-time county prosecutor defend outside-county traffic matters or represent clients before the county zoning board?
The opinion finds no conflict for outside-county municipal traffic defense if home-county law enforcement is uninvolved, subject to other facts and statutes. It finds a conflict in appearing before…
May a corporation's in-house lawyer hire the lawyer's spouse and spouse's firm for corporate legal work?
The opinion says the proposed hiring creates a Rule 4-1.7(b) conflict, but the corporation may waive it after full disclosure.
May a lawyer represent a wife in divorce against a husband the lawyer's firm represented in an earlier divorce?
The opinion requires checking whether anyone at the firm learned confidential information in the prior divorce usable against the husband. If so, the lawyer has a conflict and may proceed only with…
What happens when a prosecutor and assistant prosecutor in one firm handle criminal and civil sides of the same collision?
The opinion says the assistant prosecutor must withdraw from the client's wrongful-death representation and a special prosecutor must be sought for the possible criminal charges.
Could a lawyer participate in an advertised 800-number program run by a registered referral service?
The opinion says participation did not violate Rule 4-7.2(c) because the company was registered as a lawyer referral service under then-effective Rule 4-10.1.
Can a lawyer use a contingent fee for a post-divorce motion to divide omitted marital property?
The opinion says Rule 4-1.5(d)(1) bars the fee if alimony or child-support issues can be raised or reopened. If they cannot, it says the lawyer may take the matter on a contingent fee.
May a lawyer pay disputed settlement funds to a client after promising a creditor payment from the recovery?
The opinion says the lawyer may not release the disputed funds to the client without the creditor's consent. It permits a reasonable trust hold for resolution and calls for notice and, absent…
May a lawyer sue a former traffic client for another client in an unrelated dispute?
The opinion permits the suit under Rule 4-1.9(b) only if the lawyer gained no confidential information in the traffic representation usable against the former client. It defines confidentiality…
May a city prosecutor's office prosecute city officers, employees, or officials' relatives?
The opinion says regular staff may prosecute the described people if no relationship with the office impairs the prosecutor's or assigned lawyer's objectivity. It declines to approve any specific case.
May municipal counsel defend both the city and its mayor and aldermen in threatened employee litigation?
On the supplied facts, the opinion permits representing the city but not the individual officials. It says the lawyer might also be disqualified from the city if any official believed they had…
May a settlement bar the client's lawyer from representing other claimants against the same employer for five years?
The opinion says Rule 4-5.6(b) prohibits the lawyer from agreeing to the proposed five-year restriction on representing other salespeople with claims against the agency.
Which clients must a departing lawyer notify, and what choice must the notice explain?
The opinion requires notice to clients whose matters the lawyer primarily handled or with whom the lawyer had significant contact. It says the notice must explain the client's choice of the lawyer,…
May a lawyer represent a longtime client in divorce against a spouse the lawyer once represented in a municipal case?
The opinion found no apparent Rule 4-1.9 conflict on the stated facts because the prior representation yielded no information usable against the spouse. It reserved court disqualification and…
Must office-sharing lawyers use separate fax lines, and how must shared equipment protect client information?
The opinion says separate fax lines are not required, but the lawyer must assure confidentiality for materials sent or received on a shared fax. It extends similar concerns to a shared copier and…
May a lawyer pay a private investigator's hourly charges under a program that recommends the lawyer to clients?
The opinion says the described arrangement violates Rule 4-7.2(c) because payment to the investigator is tied to a recommendation of the lawyer's services. It reserves possible other rule issues for…
What may a lawyer do with a prospective client's file after declining a case when the person does not collect it?
The opinion permits return by personal delivery or a tracked service and copying the file at the lawyer's expense for protection. It says the lawyer may not destroy the original file.
May one lawyer represent a driver, spouse, and child after an accident if the passengers may have claims against the driver?
The opinion says waiver may be possible after full disclosure if the lawyer reasonably determines all three can be represented without adverse effect. It specifies waivers by husband and wife for…
May a lawyer add a legal assistant's hourly charge to a contingent fee?
The opinion permits the charge if fully disclosed and understood by the client and if the total fee remains reasonable. It says an unreasonable fee at the end of the matter would violate Rule 4-1.5.
May a lawyer use a mailing service's new-resident labels for advertising?
Based solely on the facts supplied, the opinion says participation did not appear to violate Missouri Supreme Court Rule 4. It warns that further information could change that result.
May a former prosecutor represent a murder victim’s mother in a civil suit against the defendant?
The opinion says the former prosecutor has a Rule 4-1.11 conflict and cannot handle that matter. Another lawyer in the firm may handle it if both the lawyer and firm meet Rule 4-1.11’s requirements.
Does a county prosecutor have a conflict in a private civil case when the sheriff reported the same incident?
If the prosecutor’s office received the report before the lawyer accepted the civil case, the opinion finds a Rule 4-1.11 conflict requiring withdrawal. If the report arrived afterward, it says a…
May a former nonprofit director represent a plaintiff suing the organization’s employees and chair?
On the stated facts, the opinion finds no conflict because the alleged acts did not occur during or result from the lawyer’s board service. It says a Rule 4-1.7(b) conflict would bar representation…
May one lawyer represent two injured people from the same accident?
The opinion finds a Rule 4-1.7 conflict because one client needs objective advice about whether the other should be named as a defendant, which the lawyer cannot provide while representing both.
May a lawyer advertise and consult online, and what must clients be told about ordinary email?
The opinion requires internet communications about legal services to comply with Supreme Court Rule 4, including advertising Rules 7.1–7.5. Unless email in both directions uses quality encryption,…
How should a law firm identify a registered nurse who assists its malpractice defense practice on letterhead?
The opinion says the firm should identify the nurse as a legal assistant or otherwise show that the nurse is not an attorney, so readers are not misled by an R.N. designation beside the lawyers’ names.
May a lawyer disclose a deceased client’s trust file to a caller without a court order?
The opinion affirms the lawyer’s Rule 4-1.6 duty to maintain file confidentiality. It permits disclosure if a court orders it after confidentiality is fully raised and says the lawyer should seek an…
What should a lawyer do with a deceased former client’s small refund when no heirs can be found?
The opinion says the lawyer must follow any later reasonable leads to heirs and otherwise keep the refund in trust until it escheats to the state under the statutes.
May a lawyer discuss wills and contracts generally in a short daily radio segment?
On the stated facts, the opinion says a radio segment covering legal topics generally, without individual advice, did not appear to violate Missouri Supreme Court Rule 4.
Is a prosecutor automatically conflicted from deciding whether to charge a police officer known to the office?
The opinion finds no automatic Rule 4-1.7(b) conflict. It says the issue depends on whether the relationship adversely affects the prosecutor’s duties and records OCDC’s recommendation to seek a…
May a law student work for a city attorney and a private firm opposing the city if the city screens the student?
The opinion finds a conflict where the private firm represents municipal defendants or opposes the city in pending litigation. It says screening does not solve the conflict and that employing the…
May a trustee of a charitable trust also be paid to provide legal services to the trust?
The opinion permits a trustee to perform legal services for the charitable trust if the trustee follows Rule 4-1.8(a) and does not participate in trustee decisions about hiring or compensation.
May a collection lawyer advance filing and garnishment costs if reimbursement depends on collection?
The opinion says the lawyer may advance filing fees and garnishment costs, with reimbursement after collection if successful, without violating Rule 4-1.8(e).
May an of-counsel lawyer be named on the other lawyer’s letterhead, and what does the opinion say about appearances?
The opinion permits the of-counsel lawyer’s name on letterhead with an “Of Counsel” designation and says the name need not appear. For appearances, it says Attorney A may appear for Attorney B…
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.