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 family law master serve on West Virginia’s Commission for National and Community Service?
The letter archived as West Virginia JIC Opinion 1995-33 found no conflict on the facts supplied under former Canon 4C(3).
Could a judge voluntarily send a medical board an affidavit about a respondent’s behavior in a pending domestic violence hearing?
West Virginia JIC Opinion 1995-32 rejected voluntary comment on the pending or impending proceeding, while allowing subpoenaed testimony about independent events.
Can a Michigan solo practitioner put 'Law Offices' on the firm letterhead, and are 'legal services' or 'a professional corporation' allowed?
The opinion concluded that 'law offices' (plural) is potentially misleading for a solo at a single location and is prohibited, while 'Law Office' (singular), 'legal services,' and 'a professional…
May a lawyer use settlement releases copied from a co-plaintiff lawyer’s file after inadvertent disclosure?
The committee said attempting to use the releases in the pending personal injury case did not violate North Dakota conduct rules. It distinguished the inadvertent disclosure of settlement terms from…
Must a lawyer tell the court about a client’s new job after a child-support hearing but before decision?
On the stated facts, the committee found no affirmative duty to disclose the posthearing job change to the court or opposing counsel because the financial evidence was accurate when offered.
Can an insurance company's salaried in-house lawyers pursue subrogation and include an insured's deductible, and can they operate under an 'in-house law firm' name?
The opinion concluded that salaried insurance in-house counsel may pursue subrogation and, with the insured's consent, include the insured's deductible, if they exercise independent judgment and…
Can an Ohio judge answer phones, sit on a VIP panel, or solicit donations during a public charity telethon?
The opinion concluded that a judge may not participate in a public fund-raising telethon, including answering phones to take donations, serving on a VIP telephone panel, or soliciting donations from…
Can a prosecutor try cases against criminal defendants who are represented by the prosecutor's sibling?
Only with consent. The opinion concluded a prosecutor may try cases defended by the prosecutor's brother only if both the district attorney's office and the brother's clients give informed consent…
Can a lawyer take a contingent fee to pursue a writ of error coram nobis to set aside an old criminal conviction?
The opinion concluded that Rule 1.5(d)'s ban on contingent fees for representing a defendant in a criminal case does not apply to a writ of error coram nobis proceeding, which is initiated by the…
Can a law school clinic refer hospital patients who are abuse victims to lawyers without violating the solicitation rules?
The opinion concluded that a law school clinical program's emergency-room referrals of spouse-abuse victims do not violate D.C. Rule 7.1(b)(2) and (3), whether the referral is to unaffiliated…
Can a lawyer take stock in a corporation as the fee for incorporating it, and then give legal advice to the company the lawyer owns stock in?
The opinion concluded that taking stock as a fee for incorporating a business is not a per se conflict, and a lawyer may advise a corporation in which the lawyer owns stock, but both are subject to…
Can a law firm that defends an insurance company's insureds represent a new client suing a different party insured by that same company?
The opinion concluded that a firm still defending some of an insurer's insureds may represent a client suing a different party insured by that same insurer, because the new representation is not…
Did a judge have to disqualify when a deputy prosecutor appearing before him was his part-time secretary’s uncle?
The Committee said the stated relationship did not require disqualification absent other qualifying factors, while declining to answer the broader question for all employee-lawyer relationships.
Does a judge’s membership in a salary class action disqualify the judge from cases involving class counsel’s firm?
Opinion 95-582 finds no disqualification for an absent class member, but disqualifies a judge who is named, intervenes, or contributes litigation funds from cases involving class counsel or that…
May a judge hear a case involving counsel for a judicial-salary class action that includes the judge?
Opinion 95-581 distinguishes a judge merely included in the salary class, who may hear the case under the Rule of Necessity, from a named party, representative, or funder, who is disqualified.
Can I use a group television advertising service that runs a generic ad and show only an 800 number instead of my own or my firm's name?
The panel concluded that under Rule 7.2(d) any lawyer advertisement must include the name of at least one lawyer responsible for its content, so the inquiring attorney may not use the shared…
I represent two clients in separate divorces. They are romantically involved and each could be a witness in the other's case. Can I keep representing both at the same time?
The panel concluded that Rule 1.7(a) did not bar the joint representation because the two divorces were not directly adverse, and that under Rule 1.7(b) the lawyer may continue to represent both…
I served as a state-appointed mediator between a school committee and a teachers' union. Can I now represent a committee member in an unrelated lawsuit against the former superintendent?
The panel concluded that because the lawyer had served only as an impartial mediator and had not represented either the school committee or the teachers' group, representing the committee member in…
I'm counsel to a school committee and gave legal advice to its superintendent, whom the committee has now suspended. Can I answer the committee's special investigator's questions about him?
The panel concluded that under Rule 1.13 the lawyer's client is the school committee, not the superintendent, so the confidentiality duty owed to an attorney-client relationship under Rule 1.6 does…
A nonlawyer wants to sell collection forms bundled with my services, refer the buyers to me, and pay me a cut of the form sales, plus name me in a pamphlet. Is that allowed?
The panel advised against the arrangement. It concluded that the nonlawyer's soliciting business for the lawyer violates Rules 7.3 and 5.3, that using the lawyer's name for the nonlawyer's…
Can a Michigan lawyer's direct-mail advertising circular call the firm 'affordable,' offer a free informational interview, and quote specific fees?
The opinion concluded that an otherwise proper direct-mail circular may describe the firm as 'affordable,' invite recipients to a free 'no-cost informational interview,' and quote the actual fees…
Must a judge recuse when Attorney General lawyers appear if the judge’s son works there as a paralegal?
West Virginia JIC Opinion 1995-31 required on-record disclosure of the son’s employment; further inquiry might be needed before a party sought recusal or the judge recused.
Could a part-time juvenile referee represent criminal defendants in counties where the referee did not serve?
West Virginia JIC Opinion 1995-30 allowed criminal defense work in other counties but said the referee should refrain from it in the county of judicial service.
Could a judge moderate a gubernatorial debate and serve as unpaid secretary of a nonprofit nursing home?
West Virginia JIC Opinion 1995-29 permitted both described roles, subject to the limits of former Canon 4C(3) and regular review of the nursing home’s activities.
Could a part-time family law master be a notary or church trustee, and join church fundraising?
West Virginia JIC Opinion 1995-28 barred concurrent notary service, allowed church trusteeship with disclosure in related hearings, and restricted solicitation of funds while allowing some generic…
When a California landlord-attorney refers prospective clients to subleasing attorneys and is paid a portion of the resulting fees, what must the landlord-attorney do under former Rule 2-200, and what restrictions apply to a letterhead that suggests a firm relationship?
The opinion concluded that under former Rule 2-200, a referral fee from a non-firm subleasing attorney to the referring attorney requires written client consent after full written disclosure of the…
What disclosure did a family law master owe in cases possibly involving former child advocate work?
West Virginia JIC Opinion 1995-27 required the master to disclose prior child advocate employment and responsibilities in the affected cases so parties could decide whether to seek recusal.
Can a lawyer settle a client's civil exposure by agreeing the other side won't report the client's possible crime, and can the aggrieved party's lawyer negotiate such a non-reporting deal?
The opinion concluded a lawyer for a potential civil and criminal defendant may offer to settle the civil claim conditioned on the adversary not reporting the crime, and that the aggrieved party's…
In Kentucky, may a former in-house lawyer represent a client against the former corporate employer in a matter substantially related to the lawyer's in-house work?
No. The opinion concluded that an in-house lawyer represents the entity as a client, so the former in-house lawyer owes the same former-client duties as any lawyer and may not, under Rules 1.9 and…
In Kentucky, what must a lawyer do on receiving documents clearly not intended for them, and can the lawyer be disciplined for arguing the privilege was waived?
The opinion concluded a lawyer who clearly receives materials not meant for them should stop reading, notify the sender, and follow the sender's instructions, but should not be disciplined for…
Can a lawyer run ads or send letters to a company's employees inviting them to join an employment discrimination class action?
The opinion concluded that a lawyer may advertise for and mail letters to potential class members inviting them to join class action litigation, including targeted recipients, as long as the lawyer…
Can an assistant district attorney campaign for the incumbent district attorney's re-election?
The opinion concluded that an assistant district attorney may not take part in campaign activities for the incumbent district attorney's re-election, such as circulating petitions or campaigning…
May a judge leave accumulated profit sharing funds invested with a former law firm?
Opinion 95-583 concludes that the judge should withdraw the accumulated funds from the former firm’s profit sharing account on the stated facts.
Must a judge recuse when a relative sues the same defendants over the same alleged fraud in another county?
Opinion 95-580 requires recusal from the judge’s case because the close relative’s parallel suit creates a reasonable basis to question impartiality, even without actual bias.
May an elected judge spend surplus campaign funds on court equipment, professional dues, and education?
Opinion 95-579 finds those stated expenditures do not violate Canon 7B(l)(d), subject to possible appearance concerns; the Commission declines to decide questions under campaign-finance and ethics…
When a lawyer gives an outside vendor, like a computer maintenance company, access to client files, what must the lawyer do to protect client confidentiality, and must a breach be reported to the client?
The opinion concluded that a lawyer who gives an outside service provider access to client files must make reasonable efforts under Model Rule 5.3 to ensure the provider has, or will put in place,…
When a public-body client is subject to an open-meetings law, can the lawyer keep attorney-client discussions confidential, or must legal advice and strategy be aired in a public meeting?
The opinion concluded that, for purposes of the Rules of Professional Conduct, the lawyer's confidentiality duty under Rule 1.6 outweighs the open-meetings statute, and the protection covers…
A lawyer who defended a company in a federal Superfund case joins the state Superfund program; is there a conflict now, and can she later act against her former client?
Not yet, but later yes. The opinion concluded there is no present conflict given the screening in place, but the lawyer may not participate in any future state action against her former client…
Can a criminal defense lawyer urge a victim or witness to avoid a subpoena or not testify?
The Committee concluded that a defense attorney who discourages a domestic battery victim from testifying, urges the victim not to cooperate with the prosecutor, or tries to influence the victim's…
Can a North Carolina lawyer require a client to sign a confession of judgment to secure the fee before doing any legal work?
No. The opinion concluded a lawyer may not obtain a confession of judgment from a client before rendering services, because it lets the lawyer collect a possibly excessive fee and bypass the…
When a criminal defense lawyer takes possession of physical evidence the client brings in, must the lawyer turn it over to the prosecution, and can the lawyers stay on the case if they may become witnesses?
No duty to notify the prosecution absent a court order or legal obligation; the lawyer may examine non-contraband evidence then return it to the source with advice to preserve it. The opinion…
Can a North Carolina lawyer listen to and use a tape recording of the client made secretly by a third party, when an earlier opinion barred using a recording the client made illegally?
It depends on a legal question the committee would not decide. If listening to or using the recording does not violate federal wiretap law, the lawyer may use it; if the legality is unclear, the…
Can a lawyer send a public-records request directly to the records custodian when that custodian is an adverse party represented by counsel who has not consented to the contact?
Yes. The opinion concluded a lawyer may make a public-records request directly to the custodian regardless of opposing counsel's consent, because the request is authorized by law under the North…
Can a law firm advertise a local-seeming telephone number, via call forwarding, in a community where it has no office or lawyer?
No. The opinion concluded that listing what looks like a local number in a community where the firm has no office or lawyer, without disclosing that, is misleading. An interstate firm may still…
Can a lawyer keep representing a client when the lawyer's own paralegal or employee will testify as a witness for that client?
Yes. The opinion concluded that a lawyer may represent a client even though one of the lawyer's employees may be called as a witness on the client's behalf.
Can a lawyer who won an excess judgment for an estate also represent the defendant in a bad-faith action against the insurer, and stay on if the lawyer may be called as a witness?
Yes to the joint representation, with both clients' consent after full disclosure, because their interests are aligned against the insurer. The lawyer may continue even if the insurer's counsel may…
Can a closing lawyer disburse from the trust account against deposited checks that have only been provisionally credited, before they actually clear?
Yes, but only against the reliable financial instruments the Good Funds Settlement Act specifies, and the lawyer must immediately cover any dishonored item from sources other than other clients'…
Can a lawyer who is representing himself in his own case contact the represented opposing party directly without the other lawyer's consent?
The opinion concluded that a lawyer acting pro se may not communicate directly with a represented opposing party about the matter without opposing counsel's consent; Rule 4.2 applies despite the…
Can an Alaska lawyer refuse to return a client's file until the client pays the copying charges?
Not where it would prejudice the client. The opinion concluded the original file is the client's property, copying charges can be billed only if the fee agreement says so, and the client's interests…
When settling a fee dispute, can a lawyer get an unrepresented former client to release malpractice claims or agree not to complain to bar counsel?
The opinion concluded that a lawyer may not condition settlement of a fee dispute on an unrepresented former client's release of malpractice liability without first disclosing facts the lawyer…
When a lawyer is hired to handle an estate, is the client the estate or the personal representative or conservator?
The opinion concluded that under District of Columbia law a lawyer retained by a personal representative or conservator for a decedent's or ward's estate represents the fiduciary, not the estate, so…
Where a California attorney holds part of a retainer in trust as security for the final statement, may the attorney withdraw those funds to cover earlier unpaid interim statements, and does holding the funds in trust until earned constitute impermissible commingling?
The opinion concluded that where, by express agreement, an attorney holds a portion of a retainer as an advance against the last statement to be rendered, the attorney may not withdraw those funds…
Can a Colorado water lawyer represent more than one client with water rights on the same river system?
The opinion concluded that representing multiple clients with water rights in the same river system is not by itself a conflict; a conflict arises under Rule 1.7 only when one client's water right…
My firm once handled a defendant's misdemeanor and domestic cases. Can I now represent plaintiffs suing him for property damage, an unrelated matter, if everyone consents?
The panel concluded that, under Rule 1.9, if the attorney reasonably believes the current property-damage matter is not the same as or substantially related to the firm's prior misdemeanor and…
I handled real estate closings for a married couple. Now I'm representing the husband in their divorce. Do I have to withdraw because the wife is a former client?
The panel gave a fact-specific answer under Rule 1.9: the wife is a former client, and if the attorney obtained information in the closings that would be helpful in the divorce, the matters could be…
I once represented a man who later married someone now suing my client for age discrimination. Can I represent my client against that spouse, or is it a conflict?
The panel concluded there is no conflict, because the spouse was never the attorney's client and does not become a client or former client merely by marrying a former client; the only clients are…
My firm wants to mail businesses letters offering a free meeting to discuss legal issues. Do we have to mark the letter 'advertisement,' even though it doesn't ask for their business?
The panel concluded that the letters are solicitation under Rule 7.3 even though they do not request employment, so the firm may send them only if each letter is clearly labeled 'advertisement' on…
I think opposing counsel orchestrated a custody transfer to help his client dodge child support. Must I report him under Rule 8.3, and does the panel decide if it's a violation?
The panel concluded that whether opposing counsel's conduct raises a substantial question as to honesty, trustworthiness, or fitness is a largely subjective credibility determination for the…
I used to work at a state agency that was investigating someone my firm now represents. Can I work on that client's criminal and civil matters, or must I be screened?
The panel concluded that the former government lawyer may not personally represent the client in either the criminal or the related civil matter under Rule 1.11(a), because the lawyer participated…
Could an Illinois judge witness the execution of a person the judge had prosecuted?
The Committee concluded the judge should not attend because witnessing that defendant’s execution could suggest continued identification with prosecution and cast doubt on impartiality in later…
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.