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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Could a juvenile referee hear cases involving a public defender’s office while serving as its co-counsel in another case?
West Virginia JIC Opinion 1996-09 required disqualification when a public defender from that office appeared before the referee for as long as the co-counsel relationship continued.
My client, who is under treatment for a mental disorder, may not be able to manage the insurance proceeds I recovered for her, and she has withdrawn her consent to a limited guardianship. What are my obligations under Rule 1.14?
The Panel concluded that if the attorney reasonably believes the client cannot adequately act in her own interest, the attorney should seek appointment of a guardian; otherwise the attorney owes…
A long-standing client wants me to bring a personal injury claim against someone I represented in a divorce fourteen years ago. Does Rule 1.9 let me take the case against my former client?
The Panel concluded that the attorney may represent the current client in the personal injury matter because it is not the same or substantially related to the former client's divorce action, but…
May I offer a client company's employees a set menu of legal services at a fixed fee, with the employer simply announcing the program, and roll the same offer out to non-client businesses? Does Rule 7.3 allow it?
The Panel concluded the arrangement is acceptable for an existing client's employees so long as the employer's cooperation is voluntary, the employer receives no consideration, and employees face no…
My client's health insurer says it has a lien on the settlement for the medical bills it paid, but my client tells me not to pay it. Do I follow the client or the insurer?
The panel concluded that if the health insurer has a legally enforceable interest in the funds (such as an assignment or statutory lien) the lawyer must notify it and pay it under Rule 1.15; if the…
Can the same lawyers represent two separate plaintiff classes in different suits against the same defendants without a conflict of interest?
Yes, on the facts presented. The opinion concluded there was no present conflict where two plaintiff classes were not competing for a limited pool of recovery and their interests were not adverse,…
When did the 1996 opinion say an unopposed judicial candidate’s committee must stop soliciting contributions?
The Committee allowed solicitation for 45 days after the later filing deadline for party or independent candidates when no primary opponent emerged, resolving an ambiguity in the then-current Canon 5.
Can a Tennessee lawyer be employed by a nonlawyer company that markets and sells living-trust packages to the public, reviewing the trusts the company prepares?
Formal Ethics Opinion 96-F-139 concluded that a lawyer's participation in the described living-trust company would violate the former Code of Professional Responsibility. If the company's or its…
Can a Tennessee lawyer give business cards to a bail bondsman so the bondsman will refer criminal cases to the lawyer?
Formal Ethics Opinion 96-F-138 concluded that it is unethical for a lawyer to give a bail bondsman the lawyer's business cards and ask the bondsman to refer criminal cases. A bondsman is not among…
Could an Illinois judge explain a ruling in a pending case to a reporter?
The Committee limited any response to court administrative procedures or public-record material, such as the transcript or written ruling without added explanation. It rejected off-record discussion…
Could an Illinois judge lead a synagogue and present its finances before another member solicited funds?
The Committee allowed the presidency, nonfundraising stationery, and a financial presentation to members if the judge neither solicited funds nor allowed the judicial name to be used for solicitation.
Could an Illinois judge speak, sit at the head table, or introduce an honoree at a charitable fundraiser?
The Committee barred speaking or introducing an honoree or speaker at a fundraiser, but allowed head-table seating if the judge was neither speaker nor guest of honor.
Could an Illinois judge recommend a neighbor for a state fellowship using court stationery?
Yes. The Committee allowed the recommendation and court stationery when the judge’s letter rested on personal knowledge of the applicant’s qualifications.
Could a senior status justice take Supreme Court assignments while representing clients in matters filed there?
West Virginia JIC Opinion 1996-08 concluded that a senior status justice doing limited legal practice would be disqualified from Supreme Court assignments if the justice had matters filed there or…
Could a magistrate candidate park a campaign-marked van in a reserved spot near the courthouse?
West Virginia JIC Opinion 1996-07 concluded that the candidate should not park the campaign-marked van in that spot because it was in an area where judicial activities were conducted.
When a legal aid office faces layoffs and funding cuts, what must a staff lawyer do about notifying clients, withdrawing from cases, and accepting new ones?
The lawyer must give clients adequate notice of impending staff cuts and how they may affect representation, assess case by case whether withdrawal is allowed or required, and not unilaterally…
Can a lawyer accept guardian ad litem appointments to represent abused and neglected children when the lawyer's spouse works at a county youth home and an in-law works for the prosecutor's office?
Yes. A lawyer may accept those appointments where neither relative would be a witness in, or otherwise affect, the lawyer's cases; on these facts no conflict exists and no disclosure is even required.
Can a lawyer represent, or be represented by, the opposing counsel in an unrelated matter the two are litigating against each other?
It depends on the facts. The opinion concluded there is no per se bar; the propriety turns on a fact-specific own-interest conflict analysis under DR 5-101(A), and only the lawyer who becomes a…
In Kentucky, may lawyers who are not actually partners practice under a partnership name like 'Jones & Smith'?
No. The opinion concluded that practicing under a partnership name when the lawyers are not in fact partners is a false, deceptive, or misleading firm name prohibited by the rules, a result…
In Kentucky, may a lawyer advertise that the lawyer will donate a percentage of fees to charities the client designates?
No. The opinion concluded that advertising fee donations to client-designated charities would violate Rule 5.4(a)'s bar on sharing legal fees with nonlawyers and would encourage charity referrals in…
Can a lawyer who drafts a client's living trust and pour-over will also serve as the trustee and personal representative?
Yes. The opinion concluded that ER 1.8(c) does not bar a lawyer who drafts a client's revocable living trust and pour-over will from being named successor trustee and personal representative, and…
Can a lawyer charge a contingent fee in a divorce case, including a fee tied to setting aside an antenuptial agreement that is bound up with the divorce?
No. The opinion concluded a lawyer may not charge a fee in a domestic relations matter that is contingent on securing a divorce or on the amount of alimony, support, or property settlement, and that…
May a firm represent a party adverse to a person who briefly consulted one partner before the firm declined that person's case?
The committee permitted the adverse representation if no client relationship formed and the partner obtained no confidential information. The firm had to determine for itself whether the intake…
How did a public interest law firm address conflicts from declined applicants, contractors, spouses, and volunteer staff?
The committee allowed representation against a declined applicant while protecting intake information. It made contractor imputation depend on whether the firms were one firm, applied Rule 1.7 to…
Can a lawyer join a chamber-of-commerce 'leads network' that requires members to exchange a quota of referrals to keep their spot?
No. The opinion concluded that joining such a reciprocal leads network violates Rules 5.4(c) and 7.2(c), because the point-quota pressure can bias the lawyer's judgment and the exchanged leads are…
Under California Rule 2-100, may an attorney who does not represent a client in a matter ethically contact a friend who is represented by counsel to advise the friend on the competence of that representation?
The opinion concluded that former Rule 2-100 was not violated because the contacting attorney did not 'represent a client' in the matter. The opinion further concluded that Rule 1-400 (advertising…
Can a law firm publicly announce that it has hired a law student or other nonlawyer?
Yes. The opinion concluded a law firm may issue an announcement of its employment of a law student or other nonlawyer, provided the announcement makes clear that the person is not a lawyer and is…
Can a lawyer publicly criticize a sitting judge after the Commission on Judicial Conduct declines to act on the lawyer's complaint?
Yes, within limits. The opinion concluded a lawyer may make public statements critical of a sitting judge's conduct if the criticisms are well-founded, even though the Commission on Judicial Conduct…
Does a judge’s joint property ownership and borrowing with a lawyer disqualify the judge from cases handled by that lawyer’s firm?
Opinion 96-599 finds no disqualification on the stated facts, including that the lawyer had no significant stake in the litigation. It says additional financial circumstances can make recusal necessary.
Does withdrawing as a named plaintiff cure recusal when a judge also contributed money to an unrelated class action?
Opinion 96-597 says the judge remains disqualified from the specified unrelated cases because of a monetary contribution to the class action, without deciding the effect of withdrawing as a named…
May an Alabama judge host a charitable fundraising dinner at home and use the judicial title on invitations?
Opinion 96-596 discourages, but does not absolutely prohibit, hosting the dinner. It says the judge’s title should not appear on the invitation and judicial prestige must not be used to solicit funds.
May a judge hear a forgery case when a closely held corporation in which the judge owns stock is an alleged victim?
Opinion 96-595 disqualifies the judge even though the corporation is not a party to the criminal case; the disqualification is subject to remittal under Canon 3D.
Could a judge canvass, gather petition signatures, and appear in family campaign material for a spouse?
The committee allowed the judge’s private door-to-door support, petition signature work, and family photograph under stated limits, including no judicial title, official-capacity activity, or use of…
Could a circuit judge serve on a county family resource network board?
West Virginia JIC Opinion 1996-05 concluded that the circuit judge should not serve on the family resource network board because of overlap with cases before the court.
Could a judge continue as a paid trustee of an unrelated charitable foundation?
West Virginia JIC Opinion 1996-04 concluded that the judge could not continue as trustee of the foundation under former Canon 4E(1).
Could a judge decide default judgments involving a company in which the judge and spouse owned a small stock interest?
West Virginia JIC Opinion 1996-03 concluded that the judge could hear the described cases because the Bell Atlantic stock interest did not appear to exceed a de minimis interest.
Could a judge serve as a director of the business listed in the judge’s extra-judicial compensation report?
West Virginia JIC Opinion 1996-02 concluded that the reported director service was not permitted under former Canon 4D(3).
Must a family law master disqualify when the master’s spouse’s associate serves as guardian ad litem in a case?
West Virginia JIC Opinion 1996-01 found no automatic disqualification but required the family law master to disclose the spouse’s associate’s guardian role on the record.
Can a law firm make a fixed advance fee for legal services nonrefundable, and may it keep the advance in its own account?
The opinion concluded that a retainer tied to the provision of legal services, rather than paid solely to secure the lawyer's availability, is a special retainer earned as services are performed;…
When may a former agency lawyer represent injured workers against the agency?
The committee said prior agency employment alone did not bar later adverse representation. Rule 1.11 barred it where the lawyer had personally and substantially participated in the same client…
Can a court-appointed lawyer withdraw and tell the court that the indigent client lied about being too poor to hire counsel?
The opinion concluded that assigned counsel may not disclose client confidences or secrets in the motion papers to support withdrawal, but may disclose a client secret if the court orders it; a…
Can a lawyer place closed client files in a university archive and let researchers have limited access to them?
Only with client consent or after confirming the files hold no confidences or secrets. The opinion concluded that the duty of confidentiality survives the matter and even the client's death, so a…
May I send an 'advertisement'-labeled direct mailing to businesses affected by a new regulation, offering legal help? And does it matter if a recipient is represented by counsel on unrelated matters?
The Panel concluded the mailing does not violate Rule 7.3 if the advertising requirements are strictly observed, and that a recipient's representation by counsel on unrelated matters does not bar…
My spouse works in a supervisory role for a company that I am about to sue on behalf of one of its employees. Is that a conflict of interest under Rules 1.7, 1.8, or 1.9?
The Panel concluded there is no conflict of interest, because the conflict rules are concerned with conflicts between two clients, and representing the employee is not adverse to another client of…
Could a Maine probate judge seek election to a nonprofit museum board or serve on a bank board?
Private board election did not trigger Canon 5A(3)’s political-office resignation rule. The committee found nonprofit museum service potentially permissible under Canon 4C, but lacked facts to…
May a clerk magistrate chair a charity celebration funded by donations?
The Committee allowed charitable participation only if direct fundraising could be separated from the judicial officer’s role; it cautioned that serving as overall chair would make avoiding an…
Can a New Jersey lawyer who owns a stake in a title insurance company place that company's title insurance with the lawyer's own real estate clients?
The Committee declined to modify its earlier opinions and concluded that attorneys holding a substantive beneficial interest in a title insurance company, such as commissions, rebates, or profit…
Can the insurer's lawyer prepare the guardianship and settlement-approval papers for an unrepresented injured minor and present them to the court?
The opinion concluded that the tortfeasor's insurer's lawyer may prepare the guardianship-appointment and settlement-approval applications for an unrepresented minor and appear for court approval,…
Can an Ohio lawyer interview a former employee of an adverse corporation without notifying or getting consent from the corporation's counsel?
The opinion concluded that a lawyer may interview a former employee of an adverse corporation without notifying or obtaining the consent of corporate counsel, subject to conditions: the former…
Can I secretly record a phone call I'm on without telling the other party, and can I advise a client to record a call they're on?
The Committee concluded that, reaffirming Opinion 392, a lawyer may not electronically record a conversation with another party without first informing that party (Rule 8.04(a)(3)); a lawyer may…
Does an attorney’s escrow of money owed to the judge disqualify the judge from a case involving that attorney?
Opinion 96-594 finds no disqualification on the stated facts: the attorney held about $9,000 from a business sale for taxes and possible claims, and the attorney’s firm did not represent the judge.
Could an Illinois judicial candidate or family member sign checks to pay campaign expenses?
The Committee said a judicial candidate or family member could have signature authority for expenditure checks, while former Rule 67B(2) separately barred the candidate from soliciting or accepting…
May a part-time municipal judge practice in a professional corporation with the same city’s attorney?
Opinion 96-593 permits the firm only under the stated separation of judicial pay, city-attorney income, and prosecution work, and if the judge does not sit in any case in which the city attorney…
Must a judge recuse from a custody case after receiving a signed petition intended to sway the judge as an elected official?
Opinion 96-592 finds no recusal on the stated facts. The petition did not reasonably question impartiality, and the judge said it would not influence the decision.
May a judge choose the court deposit bank while holding an account there or serving as trustee of a shareholder trust?
Opinion 96-591 permits selection of a bank where the judge merely has an account absent possible personal benefit, but rejects combining selection authority with trusteeship of a trust holding stock…
Must a judge disclose or recuse when an attorney who briefly represented the judge years earlier appears?
Opinion 96-590 finds neither disclosure nor recusal required on the stated facts: the unrelated matter had ended about eleven years earlier, and no extraordinary circumstances appeared.
May a circuit judge remain on a local bar executive committee that investigates attorney grievances?
Opinion 96-589 concludes that the judge should not continue on the committee when the role includes investigating or resolving grievances against local lawyers.
Could a sitting judge sign or circulate a nominating petition for another judicial candidate?
The committee concluded that a judge could sign or circulate another judicial candidate’s nominating petition, subject to limits on public endorsements, judicial work time, court resources, and…
Can a lawyer require a client to release malpractice and bar-complaint claims before returning the client's file?
No. Georgia FAO 96-1 concluded that a lawyer may not condition the return of a discharged client's files on the client signing a release of all claims, including malpractice claims and State Bar…
When a lawyer is exploring a job with the firm or party he is opposing in a matter, when must he tell his client and get consent, and does the conflict disqualify his whole firm?
The opinion concluded that a lawyer's pursuit of employment with an adverse firm or party may materially limit his representation under Rule 1.7(b), so he must consult the client and obtain consent…
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.