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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When may a lawyer contact someone she knows is represented by another lawyer, and does the no-contact rule reach criminal investigations, a corporation's employees, and contacts the represented person starts herself?
The opinion concluded that Rule 4.2 bars a lawyer from communicating about the matter with any person she knows to be represented in it, in both civil and criminal cases, without that person's…
Can an employer's lawyer send a workers'-comp light-duty job offer directly to a represented employee?
The Committee concluded that an employer's counsel who mails the statutorily required light-duty employment offer directly to an injured employee known to be represented, without sending a copy to…
Could a judge hear cases handled by a former law partner while they still owned an office building together?
The committee called for recusal from the former partner’s cases while joint financial dealings continued and from matters worked on by the former firm, unless all interested parties expressly…
Could a photographer display a court photograph in a studio as a sample of work?
The committee permitted display of the court photograph as a work sample, provided no accompanying text or presentation created an appearance that the court endorsed or advertised the photographer.
May an unpaid volunteer special circuit judge practice law in other circuit-court cases?
Opinion 95-568 finds no blanket bar for the described temporary judge, but the attorney may not act as counsel in a proceeding the attorney judged or a related proceeding.
Can a lawyer accept a settlement with a government agency that requires the lawyer not to represent other, similar clients against that agency in the future?
The opinion concluded that Rule 5.6(b)'s bar on settlement terms that restrict a lawyer's right to practice applies even when one party is a government agency, so the lawyer may not agree to such a…
What must a lawyer do to protect client confidences when communicating over a cellular or cordless phone or by email?
The opinion concluded a lawyer need not use only infallibly secure methods, but must use reasonable care to choose a mode that protects confidences and, if a line is known to be susceptible to…
Can a trial lawyer mail a neutral pre-trial questionnaire to people on the potential jury list to streamline voir dire?
Not directly. The opinion concluded the no-contact-with-veniremen rule bars the lawyer from sending the questionnaire, even anonymously, but the questionnaire may go out under the court's direction…
May a lawyer phone opposing counsel to remind them to file an overdue answer instead of moving for default, and does the client have to consent?
Yes, the lawyer may extend that courtesy and does not need the client's consent, because zealous representation does not bar treating others with consideration. The opinion concluded the lawyer is…
When opposing counsel misses a calendar call after a notice goes to an old address, must the other lawyer confirm the notice was received before asking the court to set an early trial date?
Not as a strict requirement, but the opinion concluded that, as a matter of professionalism, the lawyer should make a reasonable effort to learn the absent lawyer's whereabouts or reason for absence…
Can a prosecutor offer more favorable plea deals, continuances, or PJCs to defendants who make a charitable contribution to a local cause instead of paying court fines?
No. The opinion concluded that offering special treatment in exchange for charitable donations implies justice can be purchased, is prejudicial to the administration of justice, and conflicts with…
Can a lawyer write to elected town council members on a client's behalf to ask that a pending matter be placed on the agenda, when the town is represented by counsel who refuses consent?
Yes. The opinion concluded that the no-contact rule yields to the First Amendment right to petition the government, so the lawyers may write the council to petition to have the matter heard at a…
Can a firm do criminal defense when an attorney's spouse is a deputy sheriff, and can that attorney sit as judge pro tem in the same jurisdiction?
Qualified yes. The opinion concluded the firm may defend criminal cases under Rule 1.7(b) if the lawyer reasonably believes the client will not be adversely affected and the client consents after…
May a state judge accept pay for adjunct teaching at a state-supported law school?
The Committee found no Canon 4 bar to adjunct teaching, but declined to decide whether paid teaching at the state law college violated separation of powers. It advised resolving that legal issue…
Can a New Jersey law firm affiliate with a foreign law firm and pool profits as compensation for referring clients to each other?
The Committee concluded that the proposed affiliation, whose central purpose was reciprocal client referrals compensated through pooled profits, violated RPC 7.3(d), which bars compensating a person…
Can a lawyer take a retainer and a share of a nonlawyer company's contingent fee to handle the company's securities-arbitration clients?
The opinion concluded that the proposed affiliation was improper, raising problems of conflicts of interest, prohibited solicitation, fee-splitting with a nonlawyer, and assisting the unauthorized…
Can a lawyer work for a nonlawyer-owned company representing Social Security disability claimants and share the fees?
The opinion concluded that a bar member who maintains a law practice or holds out as a lawyer could not enter a business arrangement with a nonlawyer to represent Social Security disability…
My client used my services to commit fraud and gave false testimony, then recanted at trial. Can I decline to represent him on the appeal?
The panel concluded that, under the permissive withdrawal rule the opinion labels Rule 1.17(b), the attorney may decline to continue the representation if the attorney reasonably believes the client…
I'm defending a criminal case, and the prosecution may call a woman I represented in a 1984 divorce as a witness. Is that a conflict of interest?
The panel concluded there is no conflict, because Rule 1.9 bars a lawyer from opposing a former client only in the same or a substantially related matter, and a 1984 domestic-relations…
My client agreed in a divorce decree to pay his ex-wife half of his personal-injury settlement, but says he'll tell me not to pay her. What do I do with the funds?
The panel concluded that, under Rule 1.15, the attorney must promptly notify both the client and the ex-wife when the settlement funds arrive and must hold any disputed portion separate until the…
I was discharged from a PI case and filed an attorney's lien with the new lawyer, who settled and ignored my lien. Did he violate Rule 1.15, and do I have to report him under Rule 8.3?
The panel found it lacked sufficient facts to opine that Attorney B committed a violation, and stated that under Rule 8.3 the inquiring attorney must inform Disciplinary Counsel only if he or she…
I settled a PI case for two family members, but Medicare has a lien and one relative is terminally ill. Can I give part of my fee back to them?
The panel concluded that because Medicare had an interest in the settlement, the attorney must promptly deliver Medicare the funds it was entitled to receive, and any reduced fee was owed to…
Can a Rhode Island lawyer join a nonprofit lawyer referral service that isn't run by the state bar and keeps a percentage of each fee?
The panel concluded that a lawyer may not participate; because the service is not operated, sponsored, or approved by the Rhode Island Bar Association, paying it a percentage of the fee for…
If a lawyer and client can only communicate through a language or sign-language interpreter, must the lawyer consider and arrange for a qualified interpreter?
The opinion concluded that a lawyer representing a client with whom effective direct communication is only possible through an interpreter must evaluate the need for interpreter services and take…
What are a lawyer's duties when supervising paralegals and other nonlawyer staff who deal with clients and the public, and how may those staff be paid?
The opinion concluded a lawyer must effectively supervise nonlawyer employees, not aid the unauthorized practice of law, ensure client confidences are kept and the public is not misled about…
Can a lawyer secretly tape record telephone or in-person conversations with opposing counsel without telling them the conversation is being recorded?
The opinion concluded a lawyer may not tape record a telephone or in-person conversation with an adversary attorney without informing the adversary that the conversation is being taped, treating…
In Kentucky, may a lawyer present to the court a child-support agreement that deviates below the guidelines when the client receives public assistance?
No. The opinion concluded that because KRS 403.211(3) bars any deviation from the child-support guidelines when a parent receives public assistance, the lawyer may not counsel or assist the client…
In Kentucky, must a lawyer pay a third party who provided services on a client's case, and must the lawyer honor a third party's claim to client funds the lawyer holds?
The opinion requires payment where the lawyer hired a provider without disclaiming liability. It says disputed funds should be protected in the stated circumstances, while finding no general ethical…
In Kentucky, which current employees of a represented organization may an adverse lawyer interview without the organization's counsel's consent?
The opinion concluded that under Rule 4.2 a lawyer may not contact, without consent, a current managerial employee or any employee whose act or omission may be imputed to the organization or whose…
In Kentucky, may a lawyer adverse to a represented organization interview an unrepresented former employee of that organization without the organization's counsel's consent?
Yes. The opinion concluded that Rule 4.2 does not bar ex parte contact with a represented organization's former employees, because a former employee no longer speaks for or is controlled by the…
Must a lawyer report misconduct learned while representing another lawyer in a bar-admission proceeding?
On the facts presented, the committee said the representing lawyer was not required to report the lawyer-client’s conduct. It concluded that Rule 1.6 confidentiality overrides Rule 8.3’s reporting…
Could an Illinois judge serve on a nonprofit board that trains court-appointed guardians ad litem?
The Committee allowed the board role because training guardians ad litem served justice administration and the nonprofit itself did not litigate.
Did an Illinois judge have to report a lawyer who admitted cocaine use while testifying?
The Committee treated the lawyer’s in-court admission as knowledge of a Rule 8.4 violation and required a report to the disciplinary commission. It favored waiting until the hearing ended if delay…
Could a Colorado lawyer who served on a public quasi-judicial board, or the lawyer's firm, represent clients before that board?
The opinion concluded that the board-member lawyer could not represent clients before the board, even with recusal. It also concluded that the firm was disqualified in most circumstances because the…
Could a circuit judge give to an individual candidate or attend a public political fundraiser?
West Virginia JIC Opinion 1995-17 barred an unsolicited contribution to an individual candidate, allowed contributions to political organizations, and permitted attendance at a public fundraising event.
Could a lawyer serving as magistrate remain in the trial lawyers association and act as mediator or arbitrator?
West Virginia JIC Opinion 1995-16 rejected continued association membership but allowed the practicing-attorney magistrate to mediate and arbitrate under the state constitutional exception.
Could a circuit judge prepare tax returns for unrelated individuals?
West Virginia JIC Opinion 1995-15 concluded that preparing the described tax forms for people outside the family exception was inappropriate under former Canon 4G.
Could a judge keep a one-third interest in an office-building company shared with lawyers who might appear in court?
West Virginia JIC Opinion 1995-14 concluded that the judge could not keep the ownership interest while on the bench or have the associated individuals appear before the judge.
Could a judge take an unpaid appointment to a county board of health?
West Virginia JIC Opinion 1995-13 concluded that the judge should not serve on the board because its functions raised concerns under former Canon 4C(3)(a).
Did a judge’s spouse working in private-school fundraising and development violate the judicial Code?
West Virginia JIC Opinion 1995-12 found no Code violation in the spouse’s described private-school employment, which it treated as separate from the judge’s work.
Could a part-time family law master act as counsel in an appeal before West Virginia’s Supreme Court?
West Virginia JIC Opinion 1995-11 permitted Supreme Court counsel work if the appeal did not involve the same subject-matter jurisdiction as the master’s part-time judicial role.
Could a county magistrate office accept free basic cable service from a local company?
West Virginia JIC Opinion 1995-09 concluded that former Canon 4D(5) prohibited receipt of the complimentary cable service.
When a lawyer asks another lawyer for advice through a bar consultation network, what confidentiality and conflict duties arise between the two lawyers?
The consulting lawyer must get client consent before revealing confidences or secrets, the consulted lawyer must keep the consultation confidential even though no attorney-client relationship forms,…
Must a Michigan judge whose spouse is a supervising assistant prosecutor recuse when the prosecutor's office appears, and can the judge offer a waiver?
The judge must disclose the relationship, the appearing prosecutor must disclose whether the spouse participated personally and substantially, and the judge is recused unless the parties voluntarily…
Did the judge’s involvement in a related case require recusal from the pending case in Opinion 95-567?
Opinion 95-567 concludes that disqualification was not required on the facts submitted; it identifies a related case and a claimed appearance of impropriety but gives no further analysis.
May a district judge serve as a director of the Alabama Forestry Association?
Opinion 95-566 permits the directorship only within the limits of the cited Canons, including judicial duties, impartiality, political activity, and financial restrictions; the judge is disqualified…
Must a judge recuse when a first cousin or another lawyer at the cousin’s firm represents a party?
Opinion 95-565 disqualifies the judge when the cousin is counsel of record, subject to remittal. Another lawyer’s affiliation with the cousin’s firm alone does not require recusal, though other facts may.
Can an Ohio judge accept a free (waived registration) invitation to a trial lawyers association CLE seminar, and must it be reported?
The opinion concluded that a judge may accept a waived registration fee to attend a trial lawyers association seminar under the Code of Judicial Conduct and Ohio Ethics Law; the gift need not be…
Can an Ohio lawyer use a fee agreement that lets the lawyer pick, after settlement, whichever is larger between the hourly fee and a one-third contingent fee?
The opinion concluded that a fee agreement letting the lawyer choose, after settlement, the larger of an hourly fee or a one-third contingent fee is improper under DR 2-106 because it is not based…
Can an Ohio lawyer pay a non-profit organization (other than a bar association) a percentage of the legal fee earned from a client it referred?
The opinion concluded that paying a non-profit organization other than a bar association a percentage of the legal fee from a referred client is improper, as it is not a usual and reasonable fee…
Can our firm's in-house CPA testify as an expert witness in a case the firm is handling?
The Committee concluded that a lawyer who uses an in-house accountant as a testifying expert in the firm's own case violates Rules 5.03, 3.08, and 1.05, unless the accountant's testimony is of the…
Can our corporation's in-house lawyer be loaned to provide legal services to a joint venture we're part of, without a conflict or unauthorized-practice problem?
The Committee concluded that an in-house lawyer loaned to a joint venture may represent it despite the potential Rule 1.06 conflict if the lawyer reasonably believes neither representation will be…
In Kentucky, can a lawyer charge a non-refundable retainer, and when must an advance fee be held in the lawyer's trust account?
A retainer may be labeled non-refundable, but the label is not conclusive on whether the fee is reasonable; a valid non-refundable retainer must be explained and put in a signed written agreement,…
Can independent lawyers sharing offices advertise as 'The Law Offices at X Square,' and when can lawyers or firms call themselves 'of counsel,' 'associated,' or 'affiliated' with each other?
The opinion concluded an unaffiliated group may not advertise under a trade name like 'The Law Offices at X Square,' but a firm may be of counsel to another firm or to individuals, and firms may…
Can a New York lawyer practice through an LLC or LLP to limit personal liability for the malpractice of partners the lawyer did not supervise?
The opinion concluded yes; practicing through an LLC or LLP to limit a lawyer's vicarious liability for others' malpractice does not violate the rule against prospectively limiting one's own…
Can a New York firm open a same-named firm in another state, let a name partner be of counsel to one firm while a name partner in the other, and keep his name in the New York firm's name?
The opinion concluded yes to all three, provided the arrangement is not intended to mislead and does not mislead: partners may form a same-named firm in another jurisdiction, a lawyer may be of…
Can a law firm represent clients before a public board if a lawyer who sits on that board is 'of counsel' to the firm, where the board member abstains from the firm's matters?
No. A firm whose of-counsel lawyer sits on a public board may not represent clients in matters before that board, and the board member's abstention does not cure the conflict.
What must a lawyer do with privileged documents an opponent produced by mistake, and is the disclosing lawyer in trouble?
The opinion concluded that a lawyer who receives privileged documents bearing no sign of confidentiality and reads them in good faith before learning of the mistake commits no ethics violation in…
Was a judge automatically disqualified from State Police criminal cases if the judge’s spouse worked as a secretary there?
West Virginia JIC Opinion 1995-07 found no automatic disqualification on those facts, but required disclosure of the spouse’s State Police employment in affected cases.
After serving as a party's partisan member of a mediation panel, can the lawyer represent that party in later litigation on the same matter?
Only with all parties' consent; a lawyer who acted as a partisan mediator on a panel may not later represent the selecting party in subsequent litigation on the same or a substantially related…
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.