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 law firm pay a nonlawyer electronic exchange fees capped at ten percent of case fees?
The committee treated the described replication payments as apparent referral and fee-sharing payments rather than ordinary expenses. To that extent, Rule 5.4(a) prohibited them.
Could a magistrate work as a private investigator outside the county on off-duty hours?
West Virginia JIC Opinion 1996-23 rejected the proposed investigator work because attorney engagements and business relationships could conflict with judicial duties.
Do a state's lawyer-advertising and solicitation rules apply to a lawyer's web page, online postings, and email?
Yes. The opinion concluded that the advertising and solicitation rules focus on the content of advertising, not the means, so any information a lawyer makes available about the lawyer or the…
May circuit court judges ask lawyers to volunteer for child-custody pro bono cases by direct contact, bar ad, or bar meeting?
Yes. The Committee distinguishes requests for legal services to indigent custody litigants from soliciting funds for a charity and approves each described method.
Can a North Carolina lawyer advertise legal services on a website, and what must the site disclose about licensure, specialty, and record retention?
Yes. A website is public-media advertising, so the listing must be truthful and not misleading, disclose the jurisdictions where the firm's lawyers are licensed and the principal office location,…
Can a North Carolina estate planning firm employ a financial planner to serve its clients and offer financial products, and on what terms?
Yes. A firm may employ a nonlawyer financial advisor, but the advisor may not own an interest in the firm or share legal fees, must be supervised, and cannot be held out as offering legal services.…
Can a North Carolina lawyer charge a hybrid fee, a minimum hourly or flat fee plus a contingent fee on any recovery?
Yes, a combined minimum (hourly or flat) plus contingent fee is permitted as long as the total fee actually charged is not clearly excessive. The lawyer should explain how the fee is calculated,…
Can a North Carolina law firm scan a client's paper file into electronic format and destroy the paper originals before the retention period ends?
Yes, a firm may convert paper documents to electronic storage and destroy the paper file, provided original documents with independent legal significance (wills, contracts, stock certificates) are…
Can a North Carolina lawyer collect a one-third contingent fee on the gross recovery and an additional contingent fee for recovering the medical insurer's reimbursement claim?
The opinion did not decide whether a fee for collecting the insurer's claim is allowed by law, but cautioned that adding it to the one-third contingent fee may make the total clearly excessive. The…
Can a lawyer serve as a party-chosen arbitrator in one uninsured-motorist case while advocating for clients in similar arbitrations against the same insurer?
The opinion concluded that, absent facts showing a conflict relating to the specific matter that would prevent the lawyer from acting fairly and in good faith, the lawyer is not ethically barred…
Can a North Carolina closing lawyer disburse immediately from the trust account against a mortgage proceeds check that a private agreement treats as 'certified'?
The committee did not issue a separate ethics holding on the agreement; it referred lawyers to the Good Funds Settlement Act, G.S. 45A-1 et seq., effective October 1, 1996, and to RPC 191 as…
May a judge’s spouse donate from a joint account to a committee supporting judicial independence or a retention candidate?
The Committee allowed a joint-account donation if the group’s sole aim was judicial independence, but said a retention-candidate campaign donation from that account would suggest prohibited…
May a judge hear cases argued by law partners of the judge’s attorney brother?
The Committee said Nebraska’s disqualification statute covered the brother’s law partners: the judge had to disclose the relationships on the record and recuse unless every party consented in…
Can a law firm that represents local law enforcement agencies on civil matters also do criminal defense work in the same county?
The opinion concluded that a firm representing local law enforcement on civil and administrative matters is not per se barred from criminal defense work in the same county; whether dual…
Could a senior status judge accept a seat on a nonpartisan county board of education?
West Virginia JIC Opinion 1996-22 concluded that article VIII, section 7 barred a senior status judge from holding the school board seat while serving as a judicial officer.
Can a magistrate running for judge use the title 'magistrate' and wear a judicial robe in campaign advertisements?
The opinion concluded that a magistrate who is a judicial candidate may truthfully use the title 'magistrate' (and must identify the court division served), but may not wear a judicial robe in a…
Can a judge or judicial candidate use judicial campaign funds to buy a ticket to another candidate's fundraiser?
The opinion concluded that buying a ticket to another candidate's fund raiser is a contribution to that candidate, not a campaign expenditure, so a judge or judicial candidate could not use judicial…
Can a lawyer agree to be responsible for all of a client's litigation costs even if the client recovers?
The opinion concluded that an attorney could not unconditionally agree to be responsible for a client's litigation costs; Rule 4-1.8(e) permits advancing costs for a non-indigent client but…
Can a law firm give employers brochures and a discounted fee schedule to pass on to their employees?
Yes. The opinion concluded that a firm may give employers promotional materials and a discounted fee offer for their employees without violating ER 7.1, so long as employers are not paid to…
Can a New Jersey lawyer who drafts a client's will also serve as the executor of that will?
The Committee concluded that a lawyer who prepares a client's will may accept appointment as executor. Fiduciary commissions are payment earned for services rendered, not a 'substantial gift' barred…
Does a judge’s father and brother working at a hospital disqualify the judge from hospital cases?
Opinion 96-621 says their staff privileges and nonprofit membership do not alone disqualify the judge under the stated limits. Bias, affected interests, likely testimony, or a more extensive role…
Which ties disqualify Alabama judges from a trust dispute involving former law partners and a court reporter’s family?
Opinion 96-620 disqualifies the former partner judge because the partners advised on a matter now in controversy. Earlier orders confirming trustees and a court reporter’s family tie do not alone…
May a judge write school boards and libraries to sell a children’s book the judge wrote?
Opinion 96-619 permits the letters on the stated facts if the judge does not use judicial title or office or otherwise exploit judicial position.
May a judge write the State Bar about a lawyer’s conduct in a case at the lawyer’s request?
Opinion 96-618 permits a letter describing facts within the judge’s knowledge, but says the judge should not volunteer as a character witness and generally should testify only if officially summoned.
Does a judge’s former ownership of bank stock require recusal when the bank becomes a party?
Opinion 96-617 says former ownership alone does not disqualify the judge. Current stock ownership would require disqualification, and unusual circumstances may sustain a reasonable question about…
Can a public defender office represent co-defendants with conflicting interests by setting up a separated 'conflict counsel' office within the same agency?
Yes, if walled off. The opinion concluded that a public defender office is not automatically a single firm for conflicts, and a conflict-counsel office with separate files, systems, space, and…
How did the 1995 amendments to Michigan's judicial-disqualification rule change prior ethics opinions, and when can parties waive a judge's disqualification?
Prior disqualification opinions must be reread against the amended MCR 2.003, and the new remittal procedure lets parties waive a judge's disqualification in every circumstance except personal bias…
Could a Minnesota lawyer secretly record a conversation in connection with their practice?
Under this now-repealed opinion, it was professional misconduct for a lawyer, in connection with professional activities, to record a conversation without all parties' knowledge, subject to…
Must a public defender or court-appointed lawyer give an indigent client their file and pay for transcripts of court proceedings?
The opinion concluded that appointed counsel must, on request, give an indigent client the original or a copy of the client's file, but has no ethical duty to obtain or pay for transcripts of proceedings.
Can a lawyer require a client to sign a receipt or fee acknowledgment before handing over the client's file?
The opinion concluded that a lawyer discharged during a pending case may ask, but cannot require, the client to sign a receipt as a condition of releasing the file; once the case has concluded, the…
May a plaintiff’s lawyer interview unrepresented former county officials about a case against the county?
The committee said Rule 4.2 did not bar ex parte contact with unrepresented former county officials. It declined to approve particular questions without the facts needed to apply other rules,…
If a lawyer tells a client the bill will be on a 'time basis,' can the lawyer add undisclosed administrative, originating-attorney, or value-billing charges?
The opinion concluded that when a client is told he will be billed on a 'time basis,' it violates the rules to add undisclosed charges (administrative or processing fees, originating-attorney…
What did an Illinois chief judge have to do after a supervised judge’s DUI arrest and known alcohol problem?
The Committee said the arrest alone did not require a report to the Judicial Inquiry Board, but the arrest plus known alcohol abuse required appropriate disciplinary action; the chief judge was to…
Was an Illinois judge disqualified when a former spouse’s divorce lawyer appeared in unrelated cases?
The Committee found no automatic disqualification after a concluded, nonacrimonious divorce, absent objectively reasonable doubt about impartiality or personal hostility toward the lawyer. It…
Could an Illinois judge join a school district’s appointed citizens advisory council?
No. The Committee treated the elected board’s appointed council as a governmental body expected to advise on fact or policy issues outside law and court administration, bringing it within former…
Did an Illinois judge have to recuse when the judge’s active campaign chair or a colleague represented a party?
The Committee required recusal when the active campaign chair personally represented a party, but not merely because another lawyer in that firm appeared. It regarded disclosure of the chair’s firm…
Could a noncandidate Illinois judge speak about court cases at a political party Lincoln Day dinner?
The Committee allowed the speech only if the dinner was a community event without a fundraising component and the speech did not compromise judicial independence or integrity.
Did an Illinois judge have to recuse for a former co-counsel or a firm employing the judge’s daughter?
The Committee found no recusal from unpaid referrals and separately paid co-counsel work alone. For the daughter’s firm, it required assessing whether she acted in the case or held more than a…
Could an Illinois judge teaching an extracurricular activity accept a tuition waiver for the judge’s children?
The Committee permitted a routinely offered waiver on the same terms as for nonjudge faculty and concluded its value need not count toward the former honorarium limit.
Could an Illinois judge advocate for a rabbi during contract negotiations with a synagogue?
No. The Committee found that the advocacy role would appear to use judicial position for another person and would amount to law practice, even without drafting or reviewing the contract.
A business networking 'Leads Group' meets biweekly for breakfast so members can pass business opportunities to each other. May I, as a lawyer, join it without violating Rule 7.2(c) on paying for referrals?
The Panel concluded the attorney may join the group subject to limits: referring clients cannot be the sole purpose, the attorney cannot trade referrals with members, cannot solicit members, and…
I have retired and am on inactive status but still belong to the state bar association. May my letterhead say 'Attorney at Law (Retired),' 'Member of the Rhode Island Bar Association,' and list my academic degrees, and can I use 'J.D.' instead of the 'LL.B.' I earned?
The Panel concluded a retired lawyer may use 'Attorney at Law (Retired)' and list academic degrees on letterhead, but may not use 'Member of the Rhode Island Bar Association' because it misleadingly…
I am going through my own divorce, and I just learned that opposing counsel in my client's divorce is the same lawyer representing my spouse against me. Does my personal interest materially limit my representation under Rule 1.7(b)?
The Panel concluded that under Rule 1.7(b), if the attorney reasonably believes the representation will not be adversely affected by his or her own interest and obtains the client's consent after…
I represent the wife in an uncontested divorce, and the pro se husband keeps asking me for help. What can I do for him, if anything, without a conflict under Rule 1.7?
The Panel concluded the attorney may give the husband the standard DR-6A financial statement form and may draft a property settlement agreement on the client's behalf so long as no legal advice is…
I want to offer free senior-law seminars at senior centers and assisted living communities, and to promote them by phoning the facility directors. Is calling those directors a direct solicitation barred by Rule 7.3?
The Panel concluded the telephone contact does not violate Rule 7.3, because the directors are not the prospective clients (the individual senior attendees are), and the rule permits contacting an…
Can a Maine lawyer agree, in a contingent fee contract, that the client will never be responsible for litigation disbursements regardless of outcome?
The opinion concluded yes; Bar Rule 3.7(d) lets a lawyer advance and guarantee litigation expenses without keeping the client ultimately liable, so a lawyer may agree to absorb the disbursements entirely.
Could a circuit judge remain on the governor-appointed Regional Jail and Correctional Authority?
West Virginia JIC Opinion 1996-20 concluded that the judge could not continue on the Authority because its work fell outside former Canon 4C(2) and overlapped with criminal cases.
Must a judge recuse when the lawyer appearing before her is married to her court reporter?
The Committee found no required disqualification on the stated facts but said the judge should disclose the court reporter’s relationship with counsel on the record in each such case.
Can I write a fee agreement that pays me the greater of my full hourly fee or my usual contingent percentage of the recovery?
The Committee concluded that, absent very unusual circumstances, an arrangement paying the attorney the greater of a full reasonable hourly fee or a full reasonable contingent percentage appears to…
Are a government lawyer's telephone records confidential under Rule 1.05, or must they be released under the Texas Open Records Act?
The Committee concluded that a government lawyer's telephone records relating to client work are normally confidential information under Rule 1.05(a), and Rule 1.05(b) bars disclosure unless an…
In Kentucky, may a claimant's lawyer contact an insured tortfeasor over the insurer's objection when no defense lawyer has been appointed for the insured?
Yes. The opinion concluded an insurance adjuster is not a lawyer for purposes of KRPC 4.2, so a claimant's lawyer needs no adjuster consent to contact an insured who is not represented by counsel,…
In Kentucky, may a corporation's lawyer contact a represented employee who is suing the corporation, without the employee's lawyer's consent?
No. The opinion concluded that Rule 4.2 applies to all lawyers, including corporate counsel, so counsel for the corporation may not contact an employee known to be represented in a matter against…
Can an out-of-state law firm open an Arizona branch by hiring a local lawyer as an associate rather than a partner?
Yes. The opinion concluded that an out-of-state firm may open an Arizona branch through an Arizona-admitted associate (not a partner) if the associate has a bona fide employment relationship, is…
Can a law firm route its client billing through a bank that sends the invoices, without breaching client confidentiality?
Probably, but unwisely. The opinion concluded that with client consent a firm may use bank billing without violating Rule 1.6 only if the statements are sterilized of substantive information,…
Does a prosecutor have a conflict of interest when part of his fixed county salary is budgeted from a drug-forfeiture account he helps fill?
No. The opinion concluded that because the prosecutor's salary is fixed and not tied to forfeiture outcomes, the funding source does not create an impermissible personal interest under Rule 1.7(b),…
Could a magistrate join a county fair’s celebrity goat-milking event while identified by judicial title?
West Virginia JIC Opinion 1996-19 allowed the event participation if it was not used to solicit funds.
Can a lawyer sign a form stating that he explained a release agreement to the client, and how far can such an attestation go?
The opinion concluded a lawyer may sign a limited form attesting that he carefully explained a release and that the client believes he understands it, but may not warrant the client's state of mind…
Can a lawyer add extra wording to a direct-mail envelope beyond the required 'Advertisement' label, and can the required mailing list be filed on a computer disk?
No on both points. The opinion concluded that adding extraneous words to a direct-mail solicitation envelope violates the rule because it subverts the recipient's option to disregard a legal…
Can a lawyer acting as a neutral mediator in a domestic dispute draft a document setting out the understanding the parties reached?
Yes. A lawyer serving as a neutral mediator may draft documents that memorialize the parties' understanding, provided the lawyer makes clear they represent neither party and gives unrepresented…
May a probate judge hear a case involving a lawyer who represents the judge elsewhere?
Opinion 96-616 disqualifies the judge while that lawyer represents the judge. The judge cannot postpone a nonurgent case until the conflict ends, though a statutory chief clerk may act in a wholly…
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.