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 senior-status magistrate also serve as a court-appointed condemnation commissioner?
West Virginia JIC Opinion 2022-02 permits the concurrent part-time roles on the facts that magistrate courts do not handle eminent-domain cases and the appointment comes from a judge.
When must a county commissioner nominated to an appellate judgeship leave the commission?
West Virginia JIC Opinion 2022-01 requires resignation just before the judicial oath and identifies disqualification for cases involving the county commission or its subsidiaries tied to the prior service.
Can a single law firm market itself under two different assumed names (d/b/a) for two separate practice areas?
Yes. The opinion concludes a law firm may operate under two different assumed names that distinguish separate practice areas, as long as no particular facts make the use false, deceptive, or…
Can a lawyer help a client prepare pleadings the client files pro se, and does the lawyer have to disclose that assistance to the court?
Yes. A lawyer may limit representation to preparing documents a client files under the client's own name if the limitation is reasonable and the client gives informed consent, and the lawyer is not…
If a client admits forging and filing a document in a now-closed case, can the lawyer keep representing him in related litigation, and must or may the lawyer disclose the forgery?
The lawyer may continue unless the client intends to use the forged document or its existence in the litigation. Disclosure is mandatory only under Rule 3.3 candor duties; Rule 1.6(b) permits…
Can a lawyer charge a payee to recover the stop-payment and reissuance costs for a trust-account check that was never cashed?
Yes. A lawyer may charge a check recipient an amount covering the administrative cost of resolving an uncashed trust-account check (such as stop-payment and postage fees) if the amount is not…
Can a firm restructuring as a PLLC keep deceased and retired partners' names in its name, and who can be 'of counsel'?
Yes. After restructuring as a PLLC the firm may keep the deceased and retired partners' names where there has been a continuing succession in the firm's identity and the public is not misled; an 'of…
May a judge distribute gift cards to kinship guardians appointed by the judge?
The committee recommended that the judge neither participate in the gift-card program nor distribute its cards to appointed guardians, because doing so would at least appear partial.
May a Nebraska lawyer invest in a medical-cannabis business operating legally in another state and advise Nebraska employers about cross-border employee use?
The majority permits a passive out-of-state investment and Nebraska employment advice, subject to continued Rules compliance and unchanged federal enforcement policy; a dissent would prohibit the…
Does a lawyer who, while serving as an organization's counsel, later learns of possible misconduct by the former client have a duty to report it, and may the lawyer disclose what was learned?
No mandatory duty. The rules do not require the lawyer to report the conduct or to advise non-clients, and Rule 1.9 prohibits the former in-house lawyer from using or disclosing the information to…
Can an Illinois lawyer practice Illinois law, including appearing virtually in Illinois courts, while physically located in another state?
Yes. The Illinois Rules do not bar an Illinois-licensed lawyer from practicing Illinois law from a location outside Illinois, including virtual appearances in Illinois matters; the lawyer should…
May a judge attend a daughter's criminal proceedings solely to offer emotional support?
The committee concluded that attending solely as a parent, without contacting the presiding judge or intervening, would not abuse the prestige of judicial office on the stated facts.
May Nebraska State Patrol counsel advise an employee about official conduct when private counsel represents that employee regarding the same facts?
Yes. State law authorizes and requires Patrol counsel to advise the agency on all legal matters, including employee official conduct, so private counsel cannot bar that limited contact. Dual or…
Can a lawyer pay for a featured placement on a lawyer-rating directory like Expertise.com that calls listed lawyers 'experts'?
No. Because the Expertise.com name and content hold lawyers out as 'experts' in violation of Rule 7.4(b), a lawyer may not participate in or pay for placement on the site at all; a lawyer is…
Can an Illinois lawyer pay to join a for-profit online service that matches consumers with lawyers?
Yes, on these facts, if the matches are automated without the service's discretion, the service does not endorse the lawyer, it stays out of any resulting representation, and the lawyer's fee is…
What private matters may a Nebraska part-time county attorney handle, and when may another lawyer in the same firm represent interests adverse to the state?
The county attorney may not defend Nebraska criminal charges or handle child-support matters, and may handle a local probate only after special county counsel is appointed for inheritance tax.…
May a South Dakota judicial candidate review public campaign reports identifying contributors?
The Committee said a candidate must take reasonable measures to avoid learning contributor identities, including information in public filings, while the campaign committee handles required reporting.
Can a lawyer who used to defend a medical group sue one of its physicians for malpractice in a factually unrelated case?
Yes, but only if the new matter is not substantially related to the former representation of the group; if it is substantially related and materially adverse, Rule 1.9(a) requires the former…
When must a Washington lawyer disclose to clients that they lack minimum malpractice insurance under RPC 1.4(c)?
A lawyer without malpractice insurance at $100,000 per occurrence and $300,000 aggregate must give written notice and obtain consent at the outset of new representations; the rule is not…
If opposing counsel copies their own client on an email, can a Washington lawyer hit reply-all and include that client?
Maybe. Reply-all to a represented client is permitted only if the represented client's lawyer gave consent, which can be implied from the facts and circumstances; copying one's own client does not…
Can a Pennsylvania lawyer keep client information on a smartphone with apps installed?
Yes, with precautions. The opinion concludes a lawyer may use a smartphone but may not let an app share Rule 1.6 information unless the lawyer concludes no human will view it and it will not be sold…
Does a Pennsylvania lawyer have to encrypt email to clients?
Not always, but more than before. The opinion concludes lawyers may still use email but must evaluate its security risks, that some highly sensitive information should not be sent by email without…
Can a Pennsylvania lawyer deposit a flat fee straight into the operating account instead of a trust account?
Sometimes. The joint opinion concludes a flat fee that is also "earned upon receipt" need not go into a Rule 1.15 trust account if the agreement says it is non-refundable and earned upon receipt;…
Must a judge recuse from a city stormwater-fee case after serving as a city official and while residing in the city?
West Virginia JIC Opinion 2022-17 says past city service needs no disclosure or recusal; city residence requires disclosure and an opportunity for parties to object, but no automatic disqualification.
May the supreme court request learning-center funding from a charitable trust linked to a sitting justice’s family?
West Virginia JIC Opinion 2022-14 permits asking the identified family-linked trust for funds, but declines to assess other possible funders without their specific facts.
Did Mississippi's election committee find a candidate's claim to be the only judge in a race misleading when the opponent was a special master?
The Committee disapproved its contrary 2018 opinion, found the candidate had not knowingly misrepresented the special master's qualifications, and declined to act against him.
What did Mississippi's judicial election committee do when a candidate did not correct misleading campaign signs after an earlier opinion?
The Committee identified the candidate, reissued an edited version of its earlier opinion, and forwarded the matter to the Commission on Judicial Performance after campaign materials remained uncorrected.
How did Mississippi's judicial election committee treat campaign signs with partial or missing statutory disclosures?
The Committee found partial disclosures did not violate Canon 5 under its prior opinions, but found signs with no required disclosure violated the statute and ordered correction or removal.
May a justice court judge running for county court judge use the title 'Judge' on campaign materials without naming their current judgeship?
The Committee found that omitting the candidate's current justice court office from materials using 'Judge' was misleading and violated Canon 5A(3)(d)(iii). It also found missing statutory campaign…
May a Mississippi circuit judicial candidate's committee buy a campaign ad in a Republican women's group's dinner program?
By a 4–3 vote, the Committee concluded that buying a standard candidate advertisement for the dinner program alone is not political-party alignment. Its conclusion assumes the ad does not endorse or…
May a magistrate submit an affidavit to support an officer’s credibility in a pending federal prosecution?
West Virginia JIC Opinion 2022-03 says no: the affidavit would appear to favor law enforcement, bolster the officer and comment on a pending case.
Do Mississippi's judicial campaign contribution limits restrict a candidate's own campaign spending or contributions to the candidate's committee?
The Committee concluded that Mississippi Code section 23-15-1021 does not limit a judicial candidate's own campaign spending or contributions to the candidate's campaign committee. It reminded…
Must a Mississippi judicial candidate name campaign committee members before forming a committee?
The Committee said a candidate need not identify a campaign committee chair or members until the candidate actually forms a committee, then must give their contact information to the Commission…
Is a Colorado judge responsible under the Code for a law clerk's off-duty protest or political social-media post?
Not under amended Rule 2.12(A) when the conduct is outside official duties and the judge's presence. The Board withdrew its earlier 2020-02 opinion and limited the judge's supervisory obligation to…
May a family court judge or staff accept holiday tokens or gift cards from a bench-bar committee or appearing lawyers?
West Virginia JIC Opinion 2021-21 permits the gifts if their amount stays within the limit set by the West Virginia Ethics Act, while discussing Code gift and reporting rules.
Do Connecticut lawyers screening applicants for a pro bono referral network owe confidentiality when no attorney-client relationship follows?
Yes. The intake lawyers are practicing law and must protect information received from prospective clients even if no formal attorney-client relationship results.
May a magistrate present personally funded community-service plaques on behalf of the judicial office?
West Virginia JIC Opinion 2021-20 says no: selecting and issuing awards on behalf of the magistrate’s office would misuse the prestige of judicial office.
When may an Ohio judge write a letter of recommendation, and can the judge use court letterhead?
A judge may write a letter of recommendation only when it is based on the judge's firsthand personal knowledge of the individual, and may use court letterhead in that case; without personal…
Can an Ohio judge teach a course or give a speech, and accept pay or expense reimbursement for it?
The opinion concludes a judge may teach a course or CLE and accept compensation and expense reimbursement, and may give a speech with expense reimbursement but not compensation, because the Ohio…
Can a New York lawyer be sold to, merge into, or work for a foreign law firm that has nonlawyer owners?
Generally no. The opinion concludes a New York lawyer may not practice in a firm (in New York or elsewhere) with direct or indirect nonlawyer ownership unless the lawyer principally practices in the…
Can a solo practitioner use 'and Associates' in the firm name when the only other lawyers she works with are employed by other firms?
No. The opinion concludes that 'associate' means a lawyer employed by the firm, so a sole practitioner with no employed lawyers may not call lawyers at other firms her 'associates' or use 'and…
May a judge accept free or discounted legal representation from a lawyer who has appeared or is likely to appear before the judge?
No. The committee concluded that Rule 21-313(A) bars a judge from accepting free or discounted legal services from a lawyer who has come or is likely to come before the judge, or whose interests…
When a Kentucky lawyer serves as a court-appointed guardian ad litem, who is the client, and can the lawyer take protective action against the client's wishes?
The guardian ad litem owes ethical duties to the minor, prisoner, or disabled person as the client, not to the court. If that client has diminished capacity and faces substantial harm, the lawyer…
Must a Colorado judge recuse when a former close friend appears as a lawyer?
Friendship alone did not compel recusal. The Board called for a case-specific assessment of closeness and impartiality and said the judge should disclose this particular past and present…
Can a New Mexico lawyer split a fee with a lawyer in another firm who only signed up the client and did no work?
No. A fee split with a lawyer who performs no services and assumes no responsibility is an impermissible referral fee. Lawyers in different firms may divide a fee only if the division is…
Must a Colorado personal-injury lawyer tell a medical creditor that its reimbursement demand may be lower than the amount the client owes?
Not ordinarily. The opinion concludes that disclosure is ethically required only when silence would assist client fraud or make the lawyer's own conduct dishonest, fraudulent, deceitful, or…
May my debt-collection firm send the required CFPB model validation notice without listing our attorneys or a signature block?
Yes. The panel concluded it is permissible under the Rules of Professional Conduct to send the CFPB model validation form without listing each attorney or including a signature block. Rule 7.5(b)…
Is it advertising or prohibited solicitation for a lawyer to ask a fertility clinic to list him on its website as an assisted-reproduction lawyer?
It is advertising, not solicitation. The opinion concludes that asking to be listed on the clinic's website is attorney advertising subject to Rule 7.1, but is not a solicitation because it is not…
May a magistrate keep dues-only membership in the Fraternal Order of Police?
West Virginia JIC Opinion 2021-19 says no, even without meetings or events, because the group’s law-enforcement alignment could appear to favor prosecution.
What may a Wisconsin lawyer do when a client has become a fugitive, and must the lawyer disclose the client's location?
The opinion concludes that a fugitive client's location is protected by confidentiality and often privileged, so the lawyer neither must nor may disclose it absent client consent or a court order.…
Can a lawyer who switches to inactive status in New Hampshire still collect referral fees for matters referred to active lawyers after the status change?
The opinion concludes an inactive lawyer may not enter a referral-fee agreement with an active New Hampshire lawyer for matters that first arose after the change to inactive status, because making…
Can an Indiana lawyer be disciplined for a nonlawyer assistant's improper notarization?
Yes. A lawyer who orders or ratifies the act, or who has managerial or direct supervisory authority and fails to take available remedial action, can be responsible for the misconduct.
May a Maryland judge join a police recruit community awareness panel?
Maryland Judicial Ethics Opinion 2021-19 permits the judge to join the panel only to discuss law and legal process; the judge may not give police-focused witness tips, policing advice, or views on…
Can a lawyer not licensed in New Jersey work remotely from a New Jersey home for an out-of-state firm or company without engaging in the unauthorized practice of law?
The Committees conclude a non-New-Jersey-licensed lawyer may work remotely from a New Jersey home on out-of-state matters, so long as the lawyer does not practice New Jersey law and does not…
Does a lawyer have to arrange an interpreter or translator when the lawyer and client do not share a language?
A language barrier, or a client's hearing, speech, or vision disability, does not lessen the lawyer's duties of communication and competence. The opinion says the lawyer, not the client, must…
Can an estate-planning lawyer own a separate company that manages the assets of trusts the lawyer sets up for clients?
Yes, with safeguards. The opinion concludes the lawyer's interest in the management company is a consentable Rule 1.7 conflict requiring informed written consent at the outset, that nondistinct…
Can a solo practitioner put his late father's name on the firm letterhead when the father never practiced with the firm?
No. The opinion concludes a firm may not list on its letterhead the name of a deceased attorney who is not in a continuing line of succession with the firm, because the implied affiliation is…
If my client lies during the other side's deposition cross-examination, do I have to correct it or tell the court?
Per the Committee, no; a lawyer has no duty to correct a client's intentionally false statements elicited by opposing counsel on cross-examination at a deposition, because mere silence is not…
Can a law firm employ a lawyer who has been suspended or disbarred, for example as a paralegal, and what conditions apply?
The opinion concludes a lawyer or firm may employ a disqualified or suspended lawyer if that lawyer does not practice law, is closely supervised, and both comply with Gov.Bar R. V(23), which…
Can a lawyer accept a settlement offer for a client after the client has died, and may the lawyer stop pursuing the matter?
No to settling, yes to stopping. The opinion concludes that a client's death terminates the lawyer's authority, so the lawyer may not accept a settlement without authorization from the decedent's…
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.