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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A clerical error at the Supreme Court means my opponent's appeal is not on record, which helps my client. May I tell my client, and must I alert the tribunal or opposing counsel to the mistake?
The Panel concluded the attorney may inform the client of the appeals status under the Rule 1.4 duty to keep the client informed, and, invoking the Preamble's principle of respect for the legal…
Can a lawyer accept a referral fee from an investment advisor for sending the lawyer's clients to the advisor?
The opinion concluded that a lawyer may not accept a referral fee from an investment advisor, because the conflict is non-consentable: the fee turns on how much of the client's money is entrusted to…
Could a domestic violence advocate keep that job while running for magistrate?
West Virginia JIC Opinion 1996-16 allowed the candidate to keep the advocacy job during the campaign but warned that election could require recusal in domestic violence cases.
Does a lawyer serving as an arbitrator have an ethics-rule duty to disclose present or former relationships with the parties or others?
No. The Michigan Rules of Professional Conduct impose no disclosure duty on a lawyer acting as arbitrator; any such duty arises from the arbitration contract, the AAA code, or other applicable law,…
Could a judge buy a Little League outfield sign using the judge’s name?
West Virginia JIC Opinion 1996-15 permitted the sign with the judge’s name but prohibited identifying the buyer as a judge or using other judicial identification.
Could a judge serve on an elder care and senior housing nonprofit advisory board?
West Virginia JIC Opinion 1996-14 permitted advisory board service but required disclosure of the role if a resident appeared as a litigant.
Could a part-time family law master practice domestic relations law in another state?
West Virginia JIC Opinion 1996-13 concluded that a part-time family law master could not practice domestic relations law in another state under former Canon 6C(2).
Can a lawyer place an ad in a lawful publication that also carries prostitution-related or other sexually related material?
Yes. The opinion concluded that an otherwise Code-compliant advertisement is not rendered improper solely because it appears in a lawfully published periodical containing 'prostitution related'…
Must a New York LLP law firm state on its letterhead that some of its partners are professional corporations?
No, in New York. The opinion concluded a New York limited liability partnership need not indicate on its letterhead that some partners are themselves professional corporations, because no member of…
Can a lawyer charge a forfeitable initiation retainer and advertise a fee discount without stating the standard fee?
No to both. The opinion concluded a lawyer may not charge an initiation/retainer fee that is forfeited entirely if the client terminates, and may not advertise that some clients get a discount from…
May one lawyer represent an insured in a wrongful-death action and the insurer in a related bad-faith action?
The committee said the lawyer should not represent both in the described suits unless each client consented in writing after full disclosure of the implications.
Can a firm continue representing a wife after another partner briefly consulted her husband about the divorce?
The committee said the wife’s lawyer could continue if the husband disclosed no confidential information during his consultation. If he did disclose protected information, the lawyer could not continue.
Could a child support hearing officer serve on a CASA organization’s board in the same district court?
The committee concluded that board service was barred because CASA volunteers frequently appeared in the court of which the hearing officer was a member, even if they did not ordinarily appear…
When a government child-support attorney represents the agency, can the same attorney handle a later case adverse to a parent the agency once helped, and what must the attorney disclose to service recipients?
The opinion concluded that, because a state statute makes the agency the IV-D attorney's exclusive client with no attorney-client relationship to any service recipient, the attorney may handle later…
Must an Alabama judge recuse when a party’s law firm formerly represented the judge’s spouse in an unrelated case?
Opinion 96-606 says the prior representation does not require continued recusal after it ends, absent extraordinary circumstances under Canon 3C. The Commission found none in the stated facts.
Does selling a trust’s stock in a party company remove a judge’s financial-interest disqualification?
Opinion 96-605 says disposal of the stock removes the judge’s disqualification under Canon 3C(l)(c) on the stated facts.
May an Alabama circuit judge author and market software that calculates workers’ compensation benefits?
Opinion 96-604 permits the judge to write and market the described software, provided the judge does not use judicial position to market it or let the marketing interfere with judicial duties.
At my old firm I represented a client in salvage claims. My new firm wants me to defend insurance companies against that same client in unrelated matters. Does Rule 1.9 permit it, and can the client disqualify me?
The Panel concluded the attorney may represent the defense insurance companies against the former client in matters not related to the former salvage representation, subject to the continuing duty…
I represent several co-defendants, and one privately told me she violated a court order by taking the disputed funds (then replaced them on my advice). Must I disclose that under Rule 1.6, and does it create a conflict under Rule 1.7?
The Panel concluded the attorney may not disclose the co-defendant's admission because it is protected by Rule 1.6, and that if the attorney comes to believe a conflict has arisen among the…
On an hourly fee, can a lawyer bill more than one client for the same block of time, such as travel time, a shared court appearance, or recycled work product?
The opinion concluded it is not appropriate to bill more than one client for the same hours under an hourly fee arrangement; the lawyer may bill only for actual time spent, and efficiencies must…
Could a judge run a newspaper or radio program answering public questions about court operations?
The committee permitted informational newspaper or radio programming with limits on legal advice, pending matters, and impartiality; it said public funds should not pay for a separate program mailbox.
Did a judge have to recuse when the judge’s spouse briefly represented a plaintiff’s former husband in a related divorce?
No, on the stated facts. The committee approved disclosure but found the spouse’s brief, uncompensated, tangential representation did not reasonably call the judge’s impartiality into question.
Can a lawyer who served as a mediator between parties later serve as the arbitrator deciding the same matter between them?
A lawyer who mediated under MCR 2.403 may not later arbitrate the same matter between the same parties. In a private mediation, whether the lawyer may later arbitrate depends on the rules of the…
Can a lawyer act as advocate in an arbitration while also being a necessary witness about a contested fact?
It is not per se unethical. The advocate-witness rule (MRPC 3.7) does not literally cover arbitration, but the lawyer should be guided by the witness rules that apply at trial, with MRPC 8.4(c)…
Can a lawyer who runs a nonlaw ADR business require participants to release the arbitrators and mediators from all liability arising from the proceeding?
Yes. A lawyer may establish a nonlaw ADR business and, as a condition of using it, require participants to release the presiding officials and staff from liability, because no lawyer-client…
Does a lawyer have to tell the client about alternatives to litigation, such as settlement or ADR?
Yes. A lawyer must recommend an alternative to litigation when it is a reasonable course to further the client's interests, or when the lawyer has any reason to think the client would find it desirable.
Can a criminal appellate lawyer who believes a client is dangerous write the parole board with the lawyer's own observations about the client?
No. Observations and impressions formed while representing a client are protected 'secrets' that may not be disclosed to third parties unless an exception in MRPC 1.6(c) applies, and none did here.
Could a full-time New Mexico judge volunteer as a pro tem judge in a Tribal Court during vacation?
The committee concluded that Rule 21-500(I) barred the full-time state judge from holding a second judicial position in a Tribal Court, even without pay and during vacation.
If a lawyer negotiated a client-only agreement to pay medical providers from a settlement, must the lawyer pay personally after the client discharges the debts?
No. Absent dishonesty, fraud, deceit, or misrepresentation, the lawyer has no ethical obligation to personally honor the client's agreement to pay medical providers from a settlement or judgment;…
How long must a Utah lawyer keep a client's file after the representation ends?
There is no fixed retention period. The opinion concluded a lawyer must return the portions of the file that are the client's property and keep the rest as long as needed to protect the client's…
Can a defendant's lawyer contact former plaintiffs who already settled their claims, to investigate their old lawyers, without going through plaintiffs' counsel?
Yes, but only if the settling plaintiffs are no longer represented by counsel and only after the lawyer makes appropriate disclosures; under Rule 4.2 the lawyer must confirm the prior representation…
Can a West Virginia lawyer advertise 'No Recovery-No Fee' without saying the client may still owe litigation costs and expenses?
No. The opinion concluded that 'No Recovery-No Fee' and similar contingent-fee advertising is inherently misleading and violates Rule 7.1 unless the same advertisement also discloses that the client…
Must a sitting judge resign after filing as a candidate for state representative?
The committee concluded that Canon 21-700(C) required a judge to resign judicial office immediately upon filing a statement of candidacy for a nonjudicial office.
Does a judge’s spouse’s past tourism-funding advocacy require recusal from an education-funding case?
Opinion 96-603 finds no disqualification on the disclosed facts, including the spouse’s former office, later letters, no stated effect on the judge’s impartiality, and no objection from counsel.
Must a judge recuse from a separate suit sharing a defendant and lawyer with a class action in which the judge is an absent class member?
Opinion 96-602 finds no disqualification on the stated facts: the judge was an absent class member in the other action, the claims differed, and the judge had no financial interest in the pending case.
Is a judge disqualified when former law partners advised on a different provision of the same will now being litigated?
Opinion 96-601 says no: the former partners’ advice concerned a separate will provision and neither the same nor a truly related matter in controversy.
Will the Alabama Judicial Inquiry Commission define a presiding municipal judge’s legal authority over the court clerk’s office?
Opinion 96-600 declines to interpret the municipal judge’s legal authority over the clerk’s office. It offers to address a specific proposed action under Canon 3B(l) and identifies other officials…
May a judge hear cases involving lawyers connected to salary negotiations affecting the judge’s spouse?
The Committee said the judge should disclose the relationships to parties in cases involving either lawyer; if the parties did not object, recusal was not required on the facts presented.
Can a lawyer take opposing positions on a legal issue for different clients in unrelated matters at the same time?
The opinion concluded that a lawyer may not, without the informed consent of all affected clients, simultaneously represent clients whose positions on a matter of law conflict where there is a…
Could an Illinois judge remain liable on a former law firm’s lease extension while winding up a partnership interest?
The Committee permitted the lease extension on the stated facts, treating it as a business arrangement rather than law practice and considering the former Code’s limits on financial ties and…
Could an Illinois judge sell a criminal fines guide and annual updates under the judicial name and title?
The Committee allowed the book, updates, payment, and author identification on the stated facts, subject to the former Code’s limits on impartiality, judicial duties, office use, and transactions…
Could an Illinois judge seek election to and serve on a parish school board?
The Committee allowed the unpaid parish school board role under former Rule 65B if the selection process and service respected limits on judicial prestige, impartiality, duties, and fundraising.
Did an Illinois judge have to recuse from all criminal cases because the spouse was a witness in another prosecution?
No. The Committee found no general recusal requirement for unrelated criminal cases or cases involving the State’s Attorney merely because the spouse was a complainant in a separate case outside the…
If a lawyer receives a check and cannot tell whether it belongs to a client, a third party, or the firm, can the firm treat it as its own and divide it with the other payee?
Yes. The opinion concluded that the firm may treat such a check as not belonging to a client or third party and share it, but only after a reasonable investigation leaves the firm with a good-faith…
After an Ohio lawyer goes on inactive registration status, can they keep their shares in a legal professional association and keep their name in the firm name?
The opinion concluded that an attorney granted inactive registration status may not continue to hold shares in a legal professional association and the association may not keep that attorney's name…
Can a law firm that advised an accounting partnership later counsel some partners on terminating another partner, or sue that partner, without disclosure and consent?
The opinion concluded that a firm that represented an accounting partnership may not counsel some partners on terminating another partner, or represent the remaining partners in litigation against…
Could a judge join a United Way fundraiser using the judge’s photo, name, and title on a donation jar?
West Virginia JIC Opinion 1996-11 concluded that the judge should not participate in the described fundraising contest.
Could a mental hygiene commissioner serve on the board of a provider whose staff appeared in the commissioner’s proceedings?
West Virginia JIC Opinion 1996-10 concluded that the commissioner could not serve on the proposed board under former Canon 4C(3)(a).
I drafted a joint estate plan for a husband and wife. Years later the wife, now divorcing, wants me to redesign her estate to exclude the husband. Does Rule 1.9 let me do that without the husband's consent?
The Panel concluded that if the wife's estate modification becomes materially adverse to the husband and the attorney obtained confidential information in the original joint representation that is…
My client's opposing guardian violated a Family Court order not to leave Rhode Island with the child. As an officer of the court, must I report the violation, or does Rule 1.6 protect what I learned?
The Panel concluded the attorney need not report the violation, because information learned during the representation is protected by Rule 1.6 unless an exception applies, such as Rule 3.3(a)(2)…
Can a lawyer put a clause in the client agreement sending fee, file, malpractice, and ethics disputes to a named ADR program?
Fee, file, and malpractice disputes may be sent to ADR if the client is given the chance to obtain independent counsel about the agreement; disputes over the lawyer's ethical conduct may not be sent…
When a lawyer serves as a neutral arbitrator or mediator and a party has no lawyer, may the lawyer-neutral give that party legal advice?
Neutrality is the touchstone. The lawyer-neutral is not required to advise a self-represented party and may not act as that party's advocate, but may offer information when fairness permits; the…
Could an Arkansas justice coauthor a practical guide for lawyers and allow the publisher to use his credentials in marketing?
The Committee found no improper use of judicial prestige or apparent doubt about impartiality in the unpaid book project and its stated marketing and contributor arrangements.
Could a part-time judge allow his face to appear in a restaurant mural based on a famous painting?
The Committee found no Code violation in the described mural, where the judge’s face appeared without identification, payment, or a depiction demeaning judicial office.
If opposing counsel offers to resolve a case through mediation or arbitration, does the lawyer have to tell the client about it?
Yes. An offer to resolve a dispute through alternative dispute resolution is akin to a settlement offer and must be conveyed to the client, along with enough information about the ADR forum for the…
Can a law firm do pro bono criminal appeals for both a DA's office and Legal Aid at the same time?
Yes. The opinion concluded a firm may simultaneously volunteer in a DA's office program (representing the State) and in a Legal Aid program (representing indigent defendants) on criminal appeals,…
Can a lawyer contact, ex parte, a former officer or control-group employee of an adverse corporation to ask what the person remembers?
Yes. The opinion concluded that once a control-group employee separates from the corporate employer, the bar on ex parte contact ends, because the former employee no longer speaks for or binds the…
When a lawyer's client files are subpoenaed and the client has refused or cannot give consent, how much must, or may, the lawyer disclose?
The opinion concluded a lawyer may disclose non-privileged material in response to a valid subpoena without the client's consent, but must redact or withhold confidential and privileged matter,…
May a retired judge who accepts temporary judicial assignments volunteer as an expert witness?
The Committee said the retired judge could not voluntarily testify as an expert, but compelled expert testimony was permitted if the judge discouraged being summoned and did not volunteer judicial…
May a lawyer sue a current organizational client on behalf of another client in an unrelated matter?
The committee said both current clients’ consent after consultation was required, even if the lawyer reasonably believed neither representation would be impaired. Because the organization refused…
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.