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 an Alabama judge be officially summoned before testifying in a legal proceeding?
Opinion 96-615 requires an official summons before a judge gives character testimony. Other testimony has no blanket summons rule, but the Commission generally favors testimony only when officially…
May a part-time municipal judge hear a criminal charge against a circuit judge before whom the municipal judge practices law?
Opinion 96-614 requires disqualification because a reasonable observer could question the municipal judge’s impartiality when the defendant is a circuit judge before whom the municipal judge appears…
Do old social connections and modest campaign contributions disqualify a judge from a divorce case?
Opinion 96-613 finds no disqualification from the stated old academy connection, neighbor relationship with a party’s parents, and 1988 campaign contributions.
Must a municipal judge recuse from bond forfeiture cases because the bondsman is running for the city council that appoints the judge?
Opinion 96-612 says candidacy alone does not require disqualification. The Commission declined to decide the separate, hypothetical question involving a bondsman already serving on the council.
Does a divorce litigant's former partnership with the lawyer representing the judge's brother-in-law disqualify the judge?
Opinion 96-611 says the former partnership alone does not disqualify the judge. A retained financial interest in the brother-in-law's case also does not, provided the litigant performed no…
Can a lawyer who serves on a city council represent clients in that city's municipal court, in civil and in criminal cases?
The opinion concluded that a lawyer who is a city council member may represent civil clients in the municipal court if certain restrictions are heeded, but may not represent criminal defendants,…
I once prepared wills for the Mayor and his family, and the Mayor appoints the planning board. Can I now represent a client before the town's planning and zoning boards on permits and variances under Rule 1.9?
The Panel concluded the attorney may represent the current client before the town's planning and zoning boards because the permit and variance matters are not the same or substantially related to…
I once represented a corporation in a claim, and my associate handled its collection cases years ago. Now a different former employee wants me to sue that corporation for age discrimination. Does Rule 1.9 permit it?
The Panel concluded the attorney may represent the former employee against the corporation because the prior collection matters are not the same or substantially related to the age discrimination…
Must a lawyer withdraw after defective service led to dismissal of one defendant on limitations grounds?
The committee lacked facts to decide the particular case. It said withdrawal was required if the lawyer’s own interests were likely to impair representation; if they only might, continued…
Must a lawyer stop a client from directly contacting a represented opponent or withdraw if the contacts continue?
On the stated facts, the committee said the lawyer had no duty to demand an end to the client’s direct contacts and no duty to withdraw. The lawyer had neither prompted the contacts nor used them to…
When a client becomes mentally incompetent during a representation, can the lawyer petition for a guardian or take other protective action, and may the lawyer recommend a guardian who will then hire the lawyer?
The opinion concluded that a lawyer who reasonably believed a client could no longer adequately act in the client's own interest could take protective action under Model Rule 1.14(b), including…
When an insurance company hires a lawyer to defend its insured and the policy lets the insurer settle within limits in its sole discretion, can the lawyer settle the case if the insured objects?
The opinion concluded that, after disclosing the limited nature of the representation and the insurer's control of the defense, the lawyer may settle at the insurer's direction, but if the lawyer…
Can a lawyer pay a fact witness (not an expert) for the time the witness spends attending a deposition or trial, or meeting with the lawyer to prepare to testify?
The opinion concluded that a lawyer may compensate a non-expert occurrence witness for the reasonable value of time lost in attending or preparing to testify, so long as the payment is not…
Can a lawyer represent both a landowner suing a federal agency and an agency employee who negotiated the disputed lease and will be the agency's witness?
No. The opinion concluded that representing both is improper under Rule 1.7 because the employee is a material witness against the landowner and her negotiating role is the subject of her own…
Must a lawyer always give a Rule 1.7 conflict warning and get a written waiver from every married couple who jointly hires the lawyer for estate planning?
No. The opinion concluded that marriage alone does not create a conflict, so no warning or waiver is required absent an actual or developing conflict; once a material potential for conflict appears,…
In a non-adversarial Social Security disability hearing, must a claimant's lawyer disclose an adverse medical report, or may the lawyer withhold it?
The opinion concluded that, absent a law or court order requiring disclosure and so long as the lawyer is advancing the claim in good faith, the lawyer need not volunteer adverse medical evidence…
When a lawyer jointly represented spouses on their wills, can the lawyer secretly draft a codicil for one spouse that reduces the other spouse's share?
Only in narrow circumstances. The lawyer may prepare the husband's codicil without telling the wife only if the couple had no clearly expressed agreement that neither would change the plan without…
Can a North Carolina lawyer personally agree to indemnify the defendant's insurer against unpaid medical liens as a condition of settling the client's case?
No. The opinion concluded that a lawyer may not sign an agreement personally indemnifying the tortfeasor's liability carrier against the client's outstanding medical liens as a condition of…
Could an Illinois judge join a civic group committee that publicly rates judicial candidates?
No. The Committee said public recommended or not-recommended ratings would effectively endorse or oppose candidates, and even a judge who was a candidate could not serve in that committee role.
Could an Illinois judge serve on an alderman’s private advisory committee on domestic violence ordinances?
No. The Committee concluded that the proposed broad private advice exceeded former Rule 64B’s permission and raised concerns about apparent partiality and prohibited political activity.
Did an Illinois judge have to report a repeat collection plaintiff’s apparent statutory violations?
The Committee said the judge could refer the facts to an appropriate enforcement authority but was not required to do so under former Rule 63B(3), which did not impose a duty to enforce every law.
Could an Illinois judge attend a fundraising dinner for a spouse running for sheriff?
Yes. The Committee said former Rule 67B permitted the judge to attend a political gathering, buy tickets, and be introduced; the marital relationship did not change that result.
Could an Illinois judge teach an early morning Tae Kwon Do class and receive an honorarium or tuition waiver?
The Committee allowed the class under former Rule 65A and permitted a reasonable honorarium within the then-applicable six-month $3,000 cap or a tuition waiver on scholarship terms.
Could Illinois judges run in robes or sit in a dunk tank at a bar association fundraiser?
No. The Committee said the judges’ presence would induce donations and former Rule 65B(2) barred that fundraising participation, even if individual judges’ names were omitted.
Can a firm call a non-exclusive per diem lawyer an 'associate' or 'of counsel'?
Not 'associate'; 'of counsel' depends on the relationship. The opinion concluded a lawyer engaged on a non-exclusive, per diem basis cannot be called an 'associate,' and may be called 'of counsel'…
Can a Michigan lawyer advertise and solicit clients over the Internet, including through a website and email?
The opinion concluded that posting information online (where the user initiates contact) is treated like general advertising under MRPC 7.1, email to specific addressees is treated like direct mail…
My client's fiancé paid and co-signed for her legal fee, but I told him he was not the client. The engagement ended and he wants the unused fee back, while my client says it was a gift. Do I owe the fiancé a refund?
The Panel concluded the attorney has no obligation to refund the unused fee to the fiancé, because the attorney's duty runs only to the client, not to the third-party payer; the unearned portion…
May I list the names of my paralegals and legal assistants on my law office letterhead if I separate them from the lawyers' names?
The Panel concluded no: listing non-lawyers on law firm letterhead is misleading to the public because it can create a false impression of a partnership between lawyers and non-lawyers, so only the…
In a divorce case I gave opposing counsel inaccurate advice about the legal consequences of assigning part of my client's profit-sharing plan to the wife. Now that I know it was wrong, what do I owe my client and opposing counsel?
The Panel concluded the attorney must keep the client informed of the mistake under Rule 1.4, and, out of respect for the legal system and fairness to fellow lawyers under the Preamble, should…
Opposing counsel told me he represents the opposing parties and that all communications must go through him. May I still contact the opposing parties' insurance carrier directly, or contact the parties themselves?
The Panel concluded no: under Rule 4.2 the attorney may not contact the opposing parties' insurance carrier directly, and may not contact the represented opposing parties, without the consent of…
If I win a seat on the town council, may I still appear before the town's Probate and Municipal Courts and Planning and Zoning staff, and represent criminal clients in cases involving the town's police, during my term?
The Panel concluded no in either case: applying Rule 1.11's rationale by analogy to concurrent government service, the council member may not appear before the town's courts or Planning and Zoning…
Can a lawyer who owns a nonlaw ADR business provide those services to clients of opposing counsel, co-counsel, or the lawyer's own firm?
Not per se barred. The lawyer must check case by case whether the ADR-business interest materially limits the law representation, and for current clients of the lawyer, firm, or co-counsel must meet…
What are a Utah lawyer's duties when the lawyer cannot communicate with a client in a language the client understands?
The lawyer need not personally speak the client's language but must communicate adequately, which the opinion said may require a skilled interpreter, with care taken so the interpreter does not give…
Can a lawyer send the interest from a pooled client trust account (IOLTA) to a law-related charity of the lawyer's choice instead of the Utah Bar Foundation?
No. The Utah Supreme Court approved the IOLTA program only for remitting nominal trust-account interest to the Utah Bar Foundation, so a lawyer who directs that interest to a different charity would…
Can a lawyer secretly record a phone call with a client, witness, or another lawyer without telling them it is being recorded?
Yes, in ordinary circumstances. Recording a conversation the lawyer is party to, without disclosure, is not unethical when, considered in context, it does not involve dishonesty, fraud, deceit, or…
I'm licensed out of state and practice only federal immigration law in Texas. Is the Texas bar's discipline a concern, and what is the risk for a Texas lawyer who employs me?
The Committee concluded the State Bar of Texas has no disciplinary jurisdiction under Rule 8.05(a) over an attorney not licensed or specially admitted in Texas; it assumed (without deciding the UPL…
Can I sign up with a for-profit contract-lawyer placement agency that places me with firms for short-term projects and takes a cut of the billing?
The Committee concluded a lawyer may use a contract-lawyer placement agency if the lawyer safeguards client confidences, the lawyer and firm comply with the conflict rules, the lawyer is supervised…
In Kentucky, may a lawyer arrange with a charity to provide estate-planning services to donors, and may a charity pay or recommend the lawyer?
The opinion concluded a lawyer may not offer reduced or conditioned estate-planning services tied to a bequest, because that gives the charity something of value for recommending the lawyer, but may…
In Kentucky, may a lawyer take a percentage of an investment advisor's recurring management fee for referring a client to that advisor, even with the client's consent?
No. The opinion concluded that a continuing referral fee tied to the client's assets under management creates a serious conflict that materially limits the lawyer's independent judgment, implicates…
May an Alabama judge teach a law firm CLE and accept food, lodging, and entertainment for the judge and spouse?
Opinion 96-610 permits the CLE if judicial duties and impartiality are preserved. Food and lodging for the judge and spouse are limited to the period reasonably needed for the seminar, and any…
May a retired Alabama judge serving part-time on the circuit court also consult for the county on detention-facility population?
Opinion 96-609 permits the proposed county consulting if it does not interfere with judicial duties or cast doubt on impartiality. If the work involves regular inmate contact, the Commission advises…
Must an Alabama judge recuse from appeals handled by the law firm employing the judge's law student son as a staff assistant?
Opinion 96-608 says the son's employment alone does not require recusal. Disqualification depends on his interest or participation and whether the full circumstances reasonably question the judge's…
Do unsolicited campaign contributions from lawyers or their firms require an Alabama judge to recuse?
Opinion 96-607 finds no disqualification on the stated contribution and investiture facts. Additional facts that reasonably question the judge's impartiality would require disqualification.
Could a senior status judge solicit major gifts as a Rotary fund chair?
West Virginia JIC Opinion 1996-18 said the senior judge could not actively solicit funds for Rotary under former Canon 4C(3)(b).
Could an unopposed judicial candidate continue working as a deputy prosecutor until taking the bench?
The Committee found no Code provision barring the candidate from completing her prosecutorial work before taking office, while identifying disqualification issues for her later judicial service.
Can a party-nominated arbitrator who is a lawyer talk privately with the nominating party about the case and advocate that party's position during deliberations?
Yes. The ethics rules do not bar a party-nominated arbitrator from communicating with or advocating for the nominating party. But in court-mandated arbitration the lawyer must first check whether…
Could a judge attend a national party convention as an alternate delegate?
The committee distinguished attendance from delegate service: a judge could attend in a nonofficial capacity, but could not serve as a delegate or alternate delegate because that role acted as party…
If a new lawyer learns a client lied at the original trial, may the lawyer reveal that prior false testimony when seeking post-appeal relief?
The new lawyer has no present right or duty to disclose because that lawyer's services did not further the false testimony. Disclosure may be permitted with consent or if the lawyer's services…
If a client testified truthfully at deposition but the answer later turns out to be inaccurate, must the lawyer correct it or tell the other side?
No. Where the client's testimony was truthful when given and only later recalled as inaccurate, with no fraud and no materiality shown, the lawyer has no ethical duty to correct it or to disclose to…
When a lawyer is being considered to sit on an arbitration panel, what disclosures do the ethics rules require about contacts with the parties, counsel, or witnesses?
The ethics rules require no disclosure to the arbitration participants. They require only that the lawyer inquire enough about the matter and participants to check whether serving would breach the…
Could a new New Mexico Supreme Court justice continue serving on a public technical college governing board?
The committee concluded that a judge could not serve on the governing board of a public educational institution other than a law school, even if the appointment preceded judicial service.
Must a lawyer get a court's permission to withdraw when the court's rules require it, and can the lawyer be forced to disclose the client's address to do so?
The opinion concluded that where a tribunal's rules require leave to withdraw, Rule 1.16(c) requires the lawyer to obtain that leave; merely telling the former client about an upcoming hearing and…
Can a lawyer set up a corporation to solicit clients for a non-lawyer tax-consulting firm that will then hire the lawyer for the legal work?
The opinion concluded that a lawyer may not use a corporation that is the lawyer's alter ego to solicit tax-consulting clients for a non-lawyer firm when that firm will employ the lawyer to provide…
May a California lawyer enter into a contractual arrangement with a non-lawyer-controlled office management company that provides space, staff, bookkeeping, trust-account services, advertising, and other support in exchange for a percentage of the lawyer's fees?
The opinion concluded that the arrangement was permissible only if (1) compensation does not constitute fee splitting with the non-lawyer company, (2) the attorney does not abdicate control over the…
When must a Colorado lawyer report another lawyer's ethics violation, and to whom must the report be made?
The opinion concluded that the duty to report under Rule 8.3(a) is triggered only by a lawyer's actual knowledge (which may be inferred from circumstances) of a violation that raises a substantial…
Can an Ohio judge sign a written endorsement of a local domestic-violence response protocol for police, prosecutors, and judges?
The opinion concluded that a judge may consult on and participate in domestic-violence task forces, but it is not prudent under Canons 1, 2(A), 3(A)(1), and 7(B)(2)(c), (d), (e) for a judge to make…
Can an Ohio criminal-defense lawyer charge a flat fee paid in advance, deposit it in the business account, and call it nonrefundable?
The opinion concluded that a lawyer may charge a criminal defendant a flat fee in advance; by agreement it may be deposited in the business account on receipt, but it must not be excessive, the…
Can a Tennessee lawyer appointed to represent a minor seeking judicial bypass of parental consent for an abortion decline the appointment on moral, religious, or malpractice-insurance grounds?
Formal Ethics Opinion 96-F-140 addressed the duties of counsel appointed to represent a minor petitioning for judicial bypass of the parental-consent requirement for an abortion. It concluded that…
I once handled a divorce for someone, with no contact since. Now that former client is suing my current client, a furniture company, over defective goods. Does Rule 1.9 let me defend the furniture company?
The Panel concluded the attorney may represent the current client because the former client's domestic relations matter is not the same or substantially related to the defective-goods lawsuit,…
My firm represents a union, and my father is a city supervisor who sits on a trial board that decides disciplinary complaints against union members. Can we represent union members in that city despite my father's role?
The Panel concluded, applying Rule 1.8(i) by analogy, that the attorney may represent the union in all matters except those in which the father is or may be involved, and cautioned the firm to avoid…
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.