Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
Could an Illinois judge chair the bar foundation’s fundraising Fellows and appear on solicitation letterhead?
The Committee allowed chair service and the judge’s name on general solicitation letterhead for law-and-justice projects, but barred the judge from personally signing solicitation letters.
Was a new Illinois judge disqualified from cases handled by the public defender’s office where the judge once worked?
The Committee found no automatic disqualification merely from former office employment, provided the judge had not personally acted as counsel for the defendant in the matter now before the court.
Could an Illinois judge negotiate with an insurer as legal adviser for an adult son?
No. The Committee treated third-party legal advocacy for the adult son as prohibited law practice, while distinguishing incidental family discussions and the judge’s own insurance claim.
Could an Illinois judge coach a school speech team and receive an honorarium?
The Committee permitted coaching and contest judging as nonlegal activity and allowed a comparable, reasonable honorarium within the former six-month $3,000 limit, without interference with judicial…
Can a bar-association lawyer referral service charge participating attorneys a percentage of the fees they earn on referred cases?
Yes. The opinion concluded a percentage-fee program is an ethically permissible way to fund a lawyer referral service as long as the income is used to defray the cost of operating the service or to…
May a lawyer who left a firm represent the wife in a support case against the firm’s former client?
The committee said the lawyer would avoid imputed disqualification if she neither acquired material information nor had access to confidential information about the husband while at the former firm,…
May a lawyer voluntarily give a deceased will client’s notes to relatives considering a will contest?
The committee said Rule 1.6 barred voluntary disclosure on the stated facts absent client consent or another rule basis. A court order requiring production would change the result.
Must a judge recuse when a party’s attorney signed a bond in an election contest against the judge?
Opinion 95-578 finds recusal unnecessary on the stated facts unless the judge actually harbors bias or prejudice toward a party; the attorney entered the case before signing the election-contest bond.
What did the Commission say about a judge’s involvement with victims’ rights groups?
Opinion 95-577 declines to issue broad guidelines without a specified proposed act. It identifies Canons 4, 5B, 1, and 2A and invites a request about particular conduct.
May former court employees use a judge’s name to announce private practice, and must the judge recuse when they appear?
Opinion 95-576 says a judge should not permit use of the judge’s name or office in a private-practice announcement and is not ordinarily disqualified when a former employee appears, absent actual…
If an Ohio lawyer promised a doctor to pay medical bills out of a settlement, can the lawyer follow the client's later instruction to pay all the funds to the client instead?
The opinion concluded that a lawyer may not pay all settlement funds to a client when the lawyer, with the client's consent, had promised a physician to pay medical expenses from the proceeds; the…
Can different attorneys in the same Ohio prosecutor's office prosecute two family members who are charged with committing domestic violence against each other?
The opinion concluded that it is not per se improper for different attorneys from the same prosecutor's office to simultaneously prosecute family or household members charged with domestic violence…
Can a law firm pledge its accounts receivable to a bank as collateral without violating its duty to protect client confidences?
The opinion concluded a firm may grant a security interest in receivables, but the security agreement must be drafted so it never forces disclosure of client confidences or secrets and never strips…
Can a lawyer send the presiding judge a letter about a pending case if opposing counsel is copied?
The opinion concluded that a lawyer may not communicate with a judge about the substance of a matter pending before that judge, except on scheduling, administrative, or emergency matters not on the…
Can a judge use the names and addresses of former jurors to send out re-election campaign mailings?
The opinion concluded that a judge may not use jury records for the judge's personal election mailings and may not personally solicit public statements of support from people who served as jurors in…
Can a lawyer join a program that buys client fee bills and collects the fees from the client?
No. Georgia FAO 95-1 concluded that Georgia lawyers cannot ethically participate in a program that purchases client fee bills and collects them, because participation will result in violating one or…
Could a family law master sit on a board of zoning appeals?
West Virginia JIC Opinion 1995-26 concluded that the board service was inappropriate because its decisions would face fairly frequent circuit-court appeals and adversary proceedings.
Could an Arkansas judge teach as an adjunct in a college paralegal program?
The Committee found that teaching the described law and legal-system courses did not conflict with Canon 4, subject to the stated limits on judicial duties and compensation.
May a former judge represent a party in a family matter in which the judge previously acted personally and substantially?
The committee said Rule 1.12(a) barred representation in the described prior matters unless all parties consented after consultation. It also said the former judge should obtain that consent before…
Did a revised notice identifying the lawyer and his clients violate the trial-publicity rule?
The committee said the revised notice did not appear to violate Rule 3.6 on the facts provided. It cautioned that Rules 4.1 through 4.4 and 7.1 might also apply to publication.
Can screening prevent a part-time state’s attorney’s conflict from being imputed to other lawyers in a public interest firm?
The committee said proper screening and notice under Rule 1.11(a) could prevent imputation to other firm lawyers. Merely giving the state’s attorney no casework or a separate office was insufficient.
May a lawyer withhold otherwise discoverable statements and photographs until a defendant’s deposition?
The committee declined to interpret the civil discovery rules. It said a lawyer who violates those rules by omitting requested documents from a certified discovery response would also violate North…
When may a claimant’s lawyer contact Workers Compensation Bureau employees after the bureau retains counsel?
The committee said Rule 4.2 bars contact about the represented matter with bureau employees who can bind the agency, decide the matter, or whose acts or omissions are at issue or imputable to the…
Can a divorce lawyer take an assignment of the proceeds from the sale of the client's marital home to secure payment of the fee?
Not until a final decree resolves all issues over the property. The opinion concluded that taking an interest in marital property still subject to the divorce gives the lawyer an improper…
Can a lawyer who is representing herself in a case contact the opposing party directly when that party has a lawyer?
The opinion concluded that a lawyer who is a party and proceeding pro se still may not communicate directly with another party known to be represented by counsel about the subject of the matter…
Must a criminal defense lawyer who has been charged with a crime by the same prosecutor's office tell clients before continuing to represent them?
The opinion concluded that a criminal defense lawyer charged with a crime by the same United States Attorney's office that prosecutes his clients has a personal-interest conflict under Rule…
Could a judge serve on a citizens committee campaigning for a school bond issue?
West Virginia JIC Opinion 1995-25 concluded that the judge should not join the committee, citing the controversy around bond issues and pending bond litigation.
Did a D.C. judge have to recuse from every prosecution because the judge's spouse was an Assistant U.S. Attorney?
D.C. Judicial Conduct Opinion No. 6 rejected blanket recusal solely because the judge's spouse was a nonsupervisory Assistant U.S. Attorney. It required recusal from cases in which the spouse…
The deceased's attorney may be called as a witness in a will contest. Can I hire that attorney to prepare discovery on issues he won't testify about?
The panel concluded that the deceased's attorney may play a role in the representation short of trial advocacy, so preparing discovery is permitted; Rule 3.7 bars only a likely necessary witness…
My partner drafted a will for a woman 13 years ago. Can I keep representing my client in a lawsuit against that woman now, or is she a former client I can't oppose?
The panel concluded that the attorney may continue the representation, because preparing the mother-in-law's will years earlier is not the same as or substantially related to her current action, so…
I've witnessed other lawyers give false testimony and make misrepresentations. Does the ethics panel decide whether that's reportable misconduct under Rule 8.3, or do I?
The panel concluded that whether another lawyer's conduct raises a substantial question as to honesty, trustworthiness, or fitness is a largely subjective credibility determination that must be made…
I drafted and witnessed a will that's now being contested, and I'll have to testify at trial, so I withdrew as trial counsel. Can I still handle discovery and pre-trial motions for the estate?
The panel concluded that, under Rule 3.7, a lawyer who will be a necessary witness at trial is barred only from acting as an advocate at the trial itself, and may still represent the executor or…
I won a judgment for a client, and now the defendant wants to pay, but I can't find my client. What are my obligations for collecting and disbursing the funds?
The panel concluded that a lawyer who cannot locate a client must exercise diligent efforts to find the missing client and to protect the client's interests within the scope of the retention…
Did an Illinois judge have to report a lawyer’s misdemeanor battery conviction to the disciplinary commission?
The Committee said reporting was mandatory if the particular offense reflected adversely on fitness to practice, unnecessary if it clearly did not, and prudent when the judge was uncertain.
Could an Illinois judge appear without counsel in another state over the judge’s own property?
The Committee allowed pro se appearance limited to the judge’s own interests, without representing others or exploiting judicial office.
Could an Illinois judge hear a retrial after a former private-practice partner served as appointed counsel in the case?
The Committee required disqualification under former Rule 63C(1)(b) unless remitted under Rule 63D, even if the former partner no longer represented the defendant.
Could an Illinois judge accept a gift instead of cash for officiating a friend’s wedding outside court hours?
No. The Committee barred any personal fee, gift, gratuity, or compensation for solemnizing a marriage regardless of relationship, time, or place; the former Rule 40 clerk fee was different.
Can a lawyer represent an injured client and also the client's health insurer asserting a subrogation claim for the same medical bills?
Formal Ethics Opinion 95-F-136 concluded that a lawyer may represent both an injured client and the client's health insurer claiming a subrogation interest in the client's medical bills, but only if…
Must a lawyer report another lawyer's misconduct right away even though a related civil case is still pending, or wait until the civil case ends to avoid looking like leverage?
Report without unnecessary delay. The opinion concluded that once both prongs of the reporting rule are met, the lawyer must report promptly and need not wait for the pending malpractice claim to…
In Kentucky, may the spouse of a prosecutor practice criminal defense in the same jurisdiction if the spouses never appear in the same case and the client consents?
Yes. The opinion concluded that under Rule 1.8(i) a lawyer related to another lawyer may handle a matter adverse to the related lawyer's client with the client's consent after consultation, and that…
In Kentucky, is it improper solicitation for a legal-aid program to take client referrals from nonprofit service organizations, and may it take a case from someone already represented by counsel?
No improper solicitation. The opinion concluded that referrals from 501(c)(3) organizations with no pecuniary gain are not prohibited solicitation under In re Primus, and a legal-aid program may…
May a sitting judge join an arbitration association advisory board that evaluates its mediation and arbitration services?
No. The Committee identified concerns about promoting paid ADR providers, giving legal advice, and later court cases involving parties or disputes exposed through the board.
Could a judge’s spouse hold a political fundraiser in the couple’s home?
West Virginia JIC Opinion 1995-24 permitted the spouse’s home fundraiser if the judge did not raise funds or endorse any candidate.
Could a judge and family donate to a fellow judge’s campaign or pay to attend its fundraiser?
West Virginia JIC Opinion 1995-23 barred the judge’s contribution to an individual judge’s campaign and payment to attend that candidate’s fundraiser, while permitting separately funded family…
What support could a 1995 Arkansas judicial candidate personally seek, and what had to go through a campaign committee?
The Committee barred personal solicitation of contributions or publicly stated support, while allowing requests for general support and a campaign committee to seek funds and public endorsements…
Must a judge recuse after using a pending case as an example of courage during a judicial campaign?
Opinion 95-575 requires recusal under all the stated circumstances because the judge’s campaign remarks about the pending case could reasonably cause impartiality to be questioned, despite no…
Could a magistrate also take a paid, part-time appointment as municipal judge?
West Virginia JIC Opinion 1995-21 concluded that a magistrate could not also serve as a municipal judge under article VIII, section 7 of the West Virginia Constitution.
Was a judge automatically disqualified from every case involving a firm where the judge’s daughter clerked?
West Virginia JIC Opinion 1995-18 found no automatic disqualification, but required disclosure and inquiry into the daughter’s role and involvement in each case.
Can a criminal defense lawyer represent a defendant when the key eyewitness is a former client whose confidential information could be used to impeach him?
No. The opinion concluded the defense lawyer is disqualified because a presumption exists that the lawyer gained confidential information during the prior representation, and the real risk that it…
Do a judge’s adverse rulings and a litigant’s accusations require recusal or a response?
Opinion 95-574 says adverse rulings alone do not disqualify the judge and recommends that the judge not respond to the litigant’s allegations.
May a volunteer special circuit judge continue practicing law before the circuit court in other cases?
Opinion 95-573 finds no blanket prohibition for a temporary special circuit judge, while excluding representation in a proceeding the attorney judged or a related proceeding.
May an attorney who occasionally serves as a temporary family judge practice before that court in other cases?
Opinion 95-572 finds no blanket ban for the described judge pro tempore, while barring later advocacy in any proceeding the attorney judged or a related proceeding.
How did the Commission originally treat a judge’s accounts and loans with a bank appearing as a party?
As issued in 1995, Opinion 95-571 found ordinary accounts and loans alone insufficient for disqualification but called for disclosure and recusal on request; Opinion 09-903 later modified the…
May a circuit judge establish a citizen committee to recommend improvements to the local judicial process?
Opinion 95-570 permits the proposed unpaid committee if participation does not interfere with judicial duties or cast doubt on impartiality, on the stated assumption that neither the committee nor…
Does a county-paid salary supplement disqualify a judge from a case involving the county commission?
Opinion 95-569 finds that the supplement alone does not disqualify the judge, but disqualification may arise if it relates directly to the case or could be substantially affected by its outcome.
May a plaintiff’s lawyer publish a statewide patient-information request that conceals its litigation purpose?
The committee found no Rule 3.6 problem on the stated facts, but said the proposed notice misstated the lawyer’s purpose under Rule 4.1 and was contrary to Rule 4.3 because readers could mistake the…
After becoming a full-time Ohio judge, can a lawyer keep running a family farm and keep preparing tax returns as a CPA?
The opinion concluded that a full-time judge may continue a spouse-co-owned farm (raising cattle, selling hay, grain, and seed) as permitted management of real estate, but may prepare tax returns as…
Can an Ohio judge be paid for teaching CLE courses or for giving motivational speeches?
The opinion concluded that a judge may accept compensation for teaching CLE courses under both the Code of Judicial Conduct and Ohio Ethics Law, but that compensation for motivational speeches,…
Could an Illinois judge serve on the board of the cooperative where the judge lived?
The Committee allowed board service as an incident of real-estate ownership if the association was not a civic body; if civic, former Rule 65B’s nonprofit, litigation, and fundraising restrictions…
Could an Illinois judge write a defendant’s sentencing reference at defense counsel’s request?
No. The Committee allowed a character letter only after a formal request from the sentencing judge or probation or corrections official, not a voluntary letter prompted by the defendant or counsel.
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.