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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Must a Washington lawyer let an incarcerated appellate client review the appellate brief before it is filed?
The committee concluded that refusing a client's request to review the appellate brief before filing conflicts with RPC 1.2(a), 1.3, 1.4(a), and 6.2; the lawyer should seek a continuance and, only…
Can a court-appointed guardian ad litem for a minor go on to represent that minor as her lawyer once she turns 18?
The committee said this conduct is prohibited: it violates RPC 1.15(a), 1.7(b), 1.3, 1.9, 3.4(c), and 8.4(d), may violate RPC 7.3, and may breach a fiduciary obligation under RPC 1.6.
Can a firm represent a client at trial when a former partner of the firm is likely to be a necessary witness?
The committee said RPC 3.7 does not prohibit the firm from representing the client, assuming the former partner remains not 'in the same firm' and will not rejoin before retirement, and assuming no…
Does a county bar's volunteer lawyer program face the conduct rules when it screens and refers indigent clients to volunteer attorneys?
The committee said that as long as the program only provides administrative services and all legal advice comes from independent lawyers who check their own conflicts, there is no RPC violation; if…
Can a lawyer run an advertisement with a factually accurate statement and a disclaimer?
The committee said that, to the extent the inquiry is about an advertisement containing a factually accurate statement with an appropriate disclaimer, such an advertisement would not necessarily…
Can a lawyer represent a trade association and one of its individual members at the same time?
The committee said there is a potential conflict of interest in representing both an individual member (the Current Distributor) and the Association, but the conflict may be waivable; whether the…
Must a defense lawyer withdraw when former physician clients become the plaintiff's treating-physician witnesses?
The committee said the lawyer is not disqualified from continuing as defense counsel, assuming the lawyer will not violate RPC 1.6(a), 1.7(b), or 1.9(b) (and should also consider ABA Model Rule…
When a client discharges a lawyer, must the lawyer return original documents even if a copy was provided?
The committee said that under RPC 1.15(d) an attorney cannot keep originals belonging to the client if doing so operates to the client's disadvantage and detriment; whether an attorney's lien is…
Can a lawyer file a malpractice claim for a client against the client's former lawyer, and does the lawyer have to report that lawyer?
The committee said filing malpractice allegations on a client's behalf against the client's former attorney would not violate RPC 1.8(j); the duty to report misconduct turns on RPC 8.3, consultation…
Can a lawyer use a single telephone line for both a non-law business and the law practice?
The committee said using one telephone line for both a business and a law practice is not misleading in violation of RPC 7.1(a), but an attorney using a dual line should be mindful of RPC 1.6.
Can a lawyer who works as a criminal-court bailiff also appear as a private practitioner before other judges and commissioners?
The committee said that, absent specific conflicts and with appropriate consents and approvals from clients and opposing counsel, it does not violate the Rules for a county criminal-court bailiff to…
Must a firm in a class action give a class member a copy of the entire file, and who pays for copying?
The committee, applying WSBA Formal Opinion 181, said the attorney must deliver the file to the client and pay the copying costs, unless a protective order is obtained from the court stating otherwise.
Can a government lawyer collect taxes from a person the lawyer represented in private practice?
The committee said RPC 1.9 governs, and that using confidences or secrets obtained in private practice, relating to the representation of the former client, to that former client's disadvantage…
Can a lawyer be employed by a financial planning firm to do legal work for its clients, or share office space with such a firm that refers clients?
The committee could find no way for a lawyer to be employed by a financial planning firm to do legal work for the firm's clients without violating RPC 5.5(b), with other rules also in question; but…
Can a lawyer endorse or contribute to a sitting judge's reelection campaign while the lawyer has cases pending before that judge?
The committee found no Rule of Professional Conduct that forbids contributing to a sitting judge's campaign or publicly endorsing the judge's reelection while the lawyer has cases pending before the…
Can a lawyer take estate-planning referrals from an insurance agent and let the agent pay the lawyer's fee?
The committee (which was split) said a lawyer may accept fees from, or be reimbursed through, an insurance agent for preparing a client's trust and will only if the lawyer keeps independent…
Can a lawyer lend a client money to fund a settlement, or arrange for a friend to make that loan?
The committee concluded that lending a client money to fund a settlement violates RPC 1.8(e) and 1.8(j) and cannot be waived; arranging for a friend to make the loan is not an RPC 1.8(e) conflict…
May an Alabama judge chair the IMPACT program board under the limited role described in Opinion 96-630?
Opinion 96-630 permits the judge to chair the IMPACT board on its stated facts, including no fundraising, daily oversight, or staff supervision by the judge.
Must a judge step aside because a lawyer appearing before the judge sued the judge in an official capacity?
Opinion 96-629 says the official-capacity suit does not alone disqualify the judge. Personal bias against the lawyer or additional facts reasonably questioning impartiality could require recusal.
When is a probate judge disqualified because counsel is the judge’s son-in-law or his law partner?
Opinion 96-628 disqualifies the probate judge when the son-in-law represents a party. Another lawyer from the son-in-law’s firm does not alone require recusal, but bias, an affected interest, or…
Does a judge’s father and brother belonging to a hospital corporation disqualify the judge from hospital litigation?
Opinion 96-627 says no on the stated facts, unless a relative is a party, has a substantially affected interest, is likely a material witness, or was personally involved in the matter.
Could a newly elected magistrate keep working as a real estate agent for someone else’s agency?
West Virginia JIC Opinion 1996-32 said the magistrate could not continue real estate agency work because former Canon 4D(3)’s family-business exceptions did not apply.
If a licensed lawyer worked as a paralegal for a company, can the lawyer join a firm that sues that company?
The opinion concluded that the transferring-lawyer conflict rules apply because the inquirer is now a lawyer, so the lawyer may not use the former employer's protected information against it and the…
Must a lawyer report another lawyer for notarizing that lawyer’s spouse’s signature?
The committee said the alleged notary-statute violation did not, without additional circumstances, raise the substantial question about honesty, trustworthiness, or fitness that would require…
In Tennessee, does a lawyer's duty to protect client confidences prevail over a duty to disclose the client's fraud or perjury?
Formal Ethics Opinion 96-F-133(a) reported that the Tennessee Supreme Court rejected a proposed amendment to DR 7-102(B)(1) that would have required lawyers to disclose privileged information of a…
Could a practicing attorney who became a magistrate handle appeals in the West Virginia Supreme Court?
West Virginia JIC Opinion 1996-31 found no constitutional or statutory bar to the described appeals, while emphasizing that law practice could not interfere with magistrate duties.
Can a lawyer's engagement letter require an individual client to arbitrate future fee, malpractice, or ethics-misconduct disputes?
The opinion concluded that an engagement letter with an individual client should not require the client to prospectively agree to arbitrate fee disputes, malpractice disputes, or ethical-misconduct…
May Alabama lawyers practice law through a registered limited liability partnership, either as members or as employees?
Yes. The opinion concluded Alabama lawyers may form a limited liability partnership with other lawyers or professional corporations to practice law, as long as each lawyer remains ethically…
Could an appellate judge hire the incoming chief justice’s second cousin as a law clerk?
The Committee found no nepotism bar if the individual judge hired solely on merit and independently, without a collective hiring process.
Can a lawyer take referrals from and be employed part-time by a non-lawyer company that pays the lawyer's fees for its customers?
No. The opinion concluded that the proposed arrangement, in which a non-lawyer tax-resolution company would employ a bankruptcy lawyer part-time, refer its customers to him, and pay his fees,…
Can a lawyer report a client's unpaid bill to a credit bureau to pressure the client into paying?
The opinion concluded that a lawyer may not report a client's delinquent account to a credit bureau, because the status of the account is a client secret and the report is not necessary to collect…
Which cases could a new magistrate hear after serving as assistant prosecutor?
West Virginia JIC Opinion 1996-30 barred the magistrate from office cases pending during prosecutorial service and other cases about which the magistrate had prosecutorial communications.
Could a magistrate continue as an officer of a volunteer county fair board?
West Virginia JIC Opinion 1996-29 permitted continued fair board service if the magistrate did not solicit funds or give investment advice.
Could a new magistrate renew a private investigator firm license and keep it after taking office?
West Virginia JIC Opinion 1996-27 allowed renewal before office to protect employees, but said the license should be surrendered and investigative work stopped upon becoming magistrate.
Could a new magistrate hire the county sheriff’s wife as magistrate assistant?
West Virginia JIC Opinion 1996-26 said the magistrate could not hire the sheriff’s wife because of the sheriff’s frequent court role and related appearance and recusal concerns.
Could a judge join a nonprofit hospital board after three cases involving it had come before the judge in five years?
West Virginia JIC Opinion 1996-25 concluded that Canon 4A(3)(a) prohibited the hospital board role because of three prior cases involving it and the possibility of continued litigation.
Could a mental hygiene commissioner lead a mental health center that appeared in commitment cases?
West Virginia JIC Opinion 1996-24 barred the commissioner’s board and president roles at the mental health center under former Canon 4C(3)(a).
Could an Illinois judge act on stage under a stage name and accept an honorarium?
The Committee permitted acting that did not interfere with judicial duties and allowed an honorarium under the former six-month $3,000 limit; donating the money did not change the compensation analysis.
Must an Illinois judge recuse when a defendant insurer holds the judge’s home and auto policies?
The Committee found no required recusal from policy ownership or a likely routine claim, but required recusal if the judge had a pending lawsuit against the insurer.
Could an Illinois judge accept an appointment to the U.S. Institute of Peace and its honorarium?
The Committee allowed the appointment, six annual one-day meetings, a small honorarium, and travel reimbursement on the stated facts under former Rules 64C, 66A, and 66B.
Is a judge disqualified from a custody modification because the wife once asked the judge for representation?
Opinion 96-626 found no basis for disqualification on the stated facts where the judge had declined the wife’s earlier request for representation and had no recollection of it.
What was the status of Alabama JIC Opinion 96-625 on a judge serving on a juvenile facility board?
Opinion 96-625 was withdrawn and replaced by Opinion 97-678 on October 3, 1997. The withdrawn letter had opposed board service where the judge regularly referred juveniles to the facility; the later…
What is the status of Alabama JIC Opinion 96-624 on a judge’s youth counseling board service?
Opinion 96-624 was overruled by Opinion 97-678 on October 3, 1997. The original letter opposed board service where the judge regularly referred juveniles to the program; the later opinion reached a…
Must a judge recuse when counsel’s colleague represented the judge’s adult son’s opponent?
Opinion 96-623 says no on the stated facts: the judge had no direct involvement in the adult son’s unrelated, settled case and a different firm lawyer handled it.
Is a judge disqualified from unrelated cases handled by a law firm opposing the judge’s former client?
Opinion 96-622 says the judge is not disqualified on the stated facts, despite being a witness in separate prenuptial-agreement litigation involving that firm.
After my client discharged me, its asset manager asked me to retrieve and hand over my files for new counsel. May I bill for the time to prepare the files for transfer, and may I file an attorney's lien for my work on the accounts I never collected?
The Panel concluded the discharged attorney may not charge for time or costs in preparing the client's files for transfer, but is entitled to file an attorney's lien for the reasonable value of…
My client died while I was handling her divorce, and lawyers for her estranged spouse and her child now want documents from her file for a will contest. Does my duty of confidentiality survive her death, and may I disclose?
The Panel concluded the lawyer's duty of confidentiality under Rule 1.6 continues after the client's death, so the lawyer may not disclose information relating to the representation; if a court…
I held money a client advanced for an arbitrator's fee in my trust account, then the client fired me before the arbitration ended and the arbitrator hasn't billed. Do I pay the arbitrator or return the money to the client?
The Panel concluded the lawyer must return to the client the funds exceeding the arbitrator's actual fee, may pay the arbitrator only with the client's authority, and if the client withholds…
My partner previously advised municipal investigators while he worked at the attorney general's office. Our firm now has a municipal review that covers that investigation. Can I keep the matter if my partner is screened?
The Panel concluded the inquiring attorney may continue to represent the municipality if he complies with Rule 1.11(a)'s screening and notice requirements as to his partner; the partner, having…
A trade organization's president wants to send members a letter announcing that my discounted legal services are available to them. Must that letter comply with Rule 7.3's direct-solicitation requirements?
The Panel concluded the president's letter is a direct written solicitation on the inquiring attorney's behalf, whether or not it describes the attorney's services, fees, or experience, and…
I believe two former government attorneys, now partners in private practice, have violated the revolving-door rule (1.11(a)). Am I required under Rule 8.3 to report them?
The Panel concluded the inquiring attorney is not required to report the two attorneys' alleged Rule 1.11(a) violation unless he subjectively determines it raises a substantial question as to their…
I am a lawyer and also the real estate broker for a client. May I serve as the attorney for a buyer or seller in a real estate transaction in which I am also that person's broker?
The Panel concluded the Rules of Professional Conduct do not permit a lawyer to serve as the attorney for a buyer or seller in a real estate transaction in which the lawyer is also that individual's…
I want an employer to hand its employees a notice and fee schedule offering my legal services, plus an employment-verification form. Must the notice and the form comply with Rule 7.3's advertising requirements?
The Panel concluded the employer's notice and attached fee schedule must comply with Rule 7.3 (marked 'advertisement' and filed with Disciplinary Counsel), but the employee verification form need…
As a state agency staff attorney suing a third party on an assigned benefits claim, I got court-ordered medical test results, and the individual now wants to drop the case and forbids me to reveal them. Must I disclose the results to the court or third party?
The Panel concluded the attorney must preserve the individual's confidences under Rule 1.6 and may not reveal the test results to the third party or the court, and may no longer pursue the action…
I do estate planning and just got licensed to sell life, accident, and health insurance. May I sell insurance to my law clients, and may I provide estate planning to my insurance customers?
The Panel concluded the attorney may not sell insurance to estate planning law clients and may not provide estate planning legal services to insurance customers, because a nonwaivable conflict under…
May a judge hear a default judgment motion in a case from which a family conflict would require trial recusal?
The Committee concluded that a family conflict requiring recusal at trial also required recusal from a default judgment motion and all other aspects of the case.
Can a lawyer represent an injured minor through a parent as next friend when the parent has an adverse or competing claim from the same accident?
The opinion concluded the lawyer may presume a parent acts in the child's best interest, but must withdraw or seek a guardian ad litem once the parent's own claim or conduct creates a conflict the…
Can a prosecutor's office run a pro bono program staffed by its own lawyers, and label those appearances as the prosecutor's office?
The opinion concluded a prosecutor may establish a pro bono program for office lawyers, but each lawyer must independently check for conflicts under MRPC 1.7, 1.9, and 1.11, and it is misleading to…
In Kentucky, may a lawyer pay an expert witness, or a litigation-support service, on a contingent-fee or success-bonus basis?
No for expert testimony. The opinion concluded a lawyer may not present testimony from an expert paid on a contingent or bonus basis, nor enter arrangements that split legal fees with a nonlawyer;…
Can a lawyer volunteer for the D.C. Corporation Counsel while also representing private clients against the City, and oppose the same agency she works for?
The opinion concluded that, under the Rules of Professional Conduct, a lawyer may volunteer for the D.C. Corporation Counsel and continue representing private clients against the City, subject to…
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.