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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May a Colorado judge respond to a clemency request about a defendant the judge once prosecuted?
Yes, when the clemency authority formally requests comment from the former prosecutor. The Board treated that request as being duly summoned under Rule 3.3 and said the response should omit judicial…
Can a lawyer in a state that bans nonlawyer firm ownership passively invest in a firm with nonlawyer owners in a state that allows it?
Yes. The opinion concludes that a lawyer in a Model Rule 5.4 jurisdiction may make a passive investment in an alternative business structure (a firm with nonlawyer owners) operating where such firms…
May a Maryland District Court Commissioner also serve as a notary public?
Maryland Judicial Ethics Opinion 2021-16 permits a District Court Commissioner to serve as a notary because its duties do not exercise executive or legislative power, provided notary work does not…
Can a lawyer enclose a draft complaint with a demand letter and say it will be filed if the matter is not settled by a deadline?
Yes, in most cases. The opinion concludes that threatening to file an enclosed draft complaint by a deadline is permissible, except in unusual situations where the threat is a false statement under…
Does Nevada allow a lawyer to obtain a client's advance waiver of future conflicts of interest, and what must the waiver contain?
Conditionally yes. The Committee concludes that prospective (advance) conflict waivers are permitted under Nevada RPC 1.7 if they meet every requirement for waiving a present conflict, including…
May a judge and case coordinator join victim-safety committees that differ in whether defense lawyers participate?
West Virginia JIC Opinion 2021-18 bars their participation in RACCS, which lacked defense lawyers, but permits the judge’s participation in a children’s justice task force that included them.
Is an out-of-state firm's mass email to a list of New Yorkers seeking class-action plaintiffs a regulated solicitation?
Yes. The opinion concludes that an email blast to a list of specific New York individuals seeking class-action plaintiffs is both an advertisement and a solicitation under Rules 7.1 and 7.3, and New…
After Arizona eliminated its fee-sharing ban, can a lawyer use a lender that keeps a share of the lawyer's fees, and what must the lawyer disclose?
Yes. With Former ER 5.4 abolished as of 2021, a lender may retain part of the lawyer's fee; the lawyer may pass that cost to the client only if the total fee stays reasonable and fully disclosed,…
May a Louisiana lawyer charge a succession representative a fee calculated as a percentage of the estate's value?
Yes, if the resulting fee is reasonable. The opinion treats the percentage method as a fixed fee rather than a contingency fee, requires communication of the percentage, and applies Rule 1.5(a) to…
May a court distribute a mediation center’s pamphlet to eviction litigants or attach it to the tenant’s summons?
Nebraska Judicial Ethics Committee Opinion 21-2 permits court-related informational mediation pamphlets for litigants and courthouse display. It says a pamphlet promoting a specific provider should…
Can a lawyer use a website domain name that is different from the name the firm practices under?
Yes. The opinion concludes a lawyer may use a domain name (such as a descriptive practice-area name) that differs from the firm name, as long as neither the firm name nor the domain name, separately…
May a newly appointed circuit judge continue volunteering as a high school football sideline broadcaster?
West Virginia JIC Opinion 2021-17 permits the described volunteer broadcasting because it found no apparent conflict or impropriety in the stated arrangement.
Can a law firm make an associate sign an agreement to pay the firm a percentage of fees earned after departure from clients who follow the associate?
The opinion concludes a law firm may not require an associate to sign an employment agreement that makes the departing associate pay the firm a percentage of fees earned thereafter from clients who…
Can a new judge accept outstanding fees from a former law firm, and must the judge recuse from cases where that firm appears?
The opinion concludes a judge may accept fees earned for legal services performed before taking office, but must recuse from cases in which the former firm appears while the judge is receiving or…
If an Arizona lawyer uses a social worker who is a mandatory child-abuse reporter, what must the lawyer tell the client about confidentiality?
The lawyer must advise the client that the social worker may be legally required to report abuse or neglect even when the lawyer cannot, and let the client decide whether to use the social worker;…
Can a D.C. lawyer serve on the board of directors of a company that the lawyer also represents as legal counsel?
The opinion concludes there is no per se bar to a D.C. lawyer simultaneously serving as counsel and as a director of an entity-client, but the lawyer must first determine whether the directorship…
What must a Colorado lawyer's fee agreement contain, and what fee terms are prohibited?
The opinion explains that Colo. RPC 1.5(b) requires a lawyer to communicate the basis or rate of the fee and expenses and the scope of representation in writing, and that nonrefundable fees and…
May a magistrate act as the judge in a charity’s mock jail-and-bail fundraiser?
West Virginia JIC Opinion 2021-16 says no because the public could understand that role as the magistrate soliciting donations for the charity.
What are a North Carolina lawyer's duties when a debt-collection matter shows signs of a counterfeit-check scam, and what happens if the lawyer disburses trust funds against a fake check?
A lawyer who ignores the red flags of a counterfeit-check scam and disburses against the check violates the duties of competence and diligence, misappropriates other clients' trust funds, must…
How can a North Carolina lawyer respond to a negative online review without violating the duty of confidentiality, and can the lawyer ever reveal client information?
A lawyer may post a professional, restrained response that denies the review's accuracy but may not reveal confidential information; a negative online review alone is not a self-defense…
Can a North Carolina lawyer email or text the presiding judge about scheduling or the merits, and when does copying opposing counsel make it proper?
An informal communication to the presiding judge, even about scheduling, is a prohibited ex parte communication unless opposing counsel is copied or it is authorized by law or court order. Copying…
In a transactional matter, when does a Colorado lawyer have a duty to inquire further if the lawyer suspects the client's purpose may be criminal or fraudulent?
A lawyer must inquire only when the lawyer actually knows facts that are obvious indicators of a client's intent to use the lawyer to facilitate a crime or fraud. The opinion concludes 'knowledge'…
Can a New York lawyer advise a recreational cannabis business, take equity in lieu of fees, and personally use marijuana, even though it remains federally illegal?
Yes. The opinion concludes that, given current federal enforcement forbearance, a lawyer may help clients comply with New York's Recreational Marijuana Law, may use and home-grow marijuana…
Can a New Jersey lawyer pay a marketing company for client 'leads,' and when does a paid lead become a prohibited referral?
The Committees conclude lawyers may not pay for client referrals (RPC 7.3(d)) and that paying a referral fee is impermissible fee-sharing (RPC 5.4(a)). A lawyer may pay per lead but not per client…
Can a non-law company sell legal services by matching paying customers with outside lawyers, and can a lawyer take that work?
The Committees conclude a company that is not a law firm commits the unauthorized practice of law when it contracts with customers to provide legal services and matches them with outside lawyers. A…
What must a New Hampshire lawyer do when appointed to wind up a deceased or incapacitated sole practitioner's law practice, and how should a solo plan for that event?
The opinion describes how to wind up a deceased or incapacitated solo's practice in compliance with the rules: petition the court under SC Rule 37(17), inventory and run conflicts on clients, notify…
Can an Ohio lawyer advertise certification as a specialist in a field of law that the Ohio Supreme Court has not designated as a specialty?
The opinion concluded a lawyer could state or imply specialization only in a field designated by the Supreme Court; advertising certification by an accredited organization in a non-designated field…
Can a lawyer buy a competitor lawyer's or firm's name as a search-engine keyword to display the lawyer's own ad above the competitor's?
The opinion concludes a lawyer or law firm may not purchase the name of another lawyer or firm for use in competitive keyword online advertising, because doing so is designed to deceive the…
Can a Florida lawyer respond to a negative online review posted by someone who was never a client?
Yes, but only if the response reveals no confidential client information. The lawyer may state the poster is not a client and that the lawyer's reply is constrained by ethics rules.
What firm names and trade names are allowed under Utah's amended Rule 7.1?
The opinion concludes that a firm may use a trade name, including the names of departed or deceased lawyers, as long as the name is not false or misleading under Rule 7.1; a name can become…
Must a Maryland judge recuse when a retired employee's spouse or law firm appears as counsel?
Maryland Judicial Ethics Opinion 2021-11 says retirement ends any automatic recusal tied to the employee's presence, but the judge must assess actual impartiality and whether the former relationship…
May a Maryland senior judge officiate a staged public wedding after the couple has married privately?
Maryland Judicial Ethics Opinion 2021-10 bars the judge from officiating a simulated public marriage ceremony intended to appear official after a secret private wedding, because it would mislead…
May a magistrate take paid evening and weekend security work for a private business?
West Virginia JIC Opinion 2021-14 bars the proposed work because it could appear to favor law enforcement and could require testimony in criminal cases.
May a judge’s law clerk work weekends at a winery in another judicial circuit?
West Virginia JIC Opinion 2021-13 permits the described part-time winery work because it occurs on weekends and potential winery cases belong elsewhere, but requires the court administrator’s…
When two jointly represented clients give the lawyer opposite instructions, can the lawyer follow one of them, especially if the other may have diminished capacity?
No. The opinion concludes that when jointly represented co-purchasers give mutually exclusive instructions, their interests differ and the lawyer cannot continue representing both under Rule 1.7;…
A spouse once consulted my partner about a divorce but never hired the firm. Can I now represent the other spouse against her?
Per the Committee, a lawyer owes a former prospective client a duty of confidentiality under Rule 1.05, and a consultation can create a disqualifying adverse-limitation conflict under Rule…
Could a Utah judge serve on a city arts council board organized as a separate nonprofit corporation?
No. The Committee treated the city-controlled arts council board as a governmental position, or at least a government-sponsored activity, without the required connection to law or court administration.
Can a lawyer run a business renting office space and equipment to other lawyers, and is that nonlegal business subject to the ethics rules?
Yes. The opinion concludes that renting office space to other lawyers is a permitted nonlegal business; under Rule 5.7(a)(3) it is subject to the ethics rules only if a renter could reasonably…
If a lawyer learns a former client gave perjured testimony in a civil case, must the lawyer act, and can the lawyer disclose it to the tribunal?
Yes, unless the proceeding has concluded. The opinion concluded that ER 3.3 requires a lawyer who learns of a client's false material evidence to take staged remedial measures, ending in disclosure…
May a Maryland judge direct a nonprofit mediation provider listed in court referral materials?
Maryland Judicial Ethics Opinion 2021-08 permits the judge to serve on the nonprofit mediation provider's board, provided the judge avoids reviews identifying mediation parties and the role does not…
Did Maryland's 2021 judicial ethics opinion permit a District Court Commissioner to use medical cannabis?
Maryland Judicial Ethics Opinion 2021-06 concluded that a judicial appointee could not use medical cannabis because federal law criminalized its use at issuance, despite Maryland's medical cannabis…
Can one lawyer represent two criminal co-defendants charged in the same case in Alaska?
The opinion concludes that joint representation of criminal co-defendants is a classic concurrent conflict that should ordinarily be declined; it is permitted only in rare cases where the lawyer…
May a judge serve as a nonvoting ex officio member of a Community Criminal Justice Board?
West Virginia JIC Opinion 2021-11 permits the described board service because it concerns the administration of justice, provided the Supreme Court of Appeals permits the appointment.
Could a judge appear in CASA publicity, attend or speak at its fundraiser, seek county funding, and train volunteers?
Nebraska Judicial Ethics Opinion 21-1 allowed carefully considered photos and quotes, paid attendance, and volunteer training; it barred a county funding request and speaking at the primarily…
Can lawyers co-own a divorce mediation business with a nonlawyer, accept referrals from it, and enter a reciprocal referral agreement with it?
Lawyers may co-own a mediation business with a nonlawyer only if it provides solely nonlegal services and employs no lawyers to give legal advice; they may accept referrals and enter a non-exclusive…
In back-to-back A-to-B and B-to-C residential closings handled by one North Carolina lawyer, can the lawyer represent both B and C, and can the lawyer use C's funds to fund B's purchase?
Representing both B and C is a Rule 1.7 conflict that is permissible only if B consents to full disclosure to C and Rule 1.7(b) is met, and the lawyer may not use C's funds for B's purchase before…
Can a Maine lawyer pay a non-expert (fact) witness for time spent preparing for and giving testimony?
Yes. A Maine lawyer may pay a non-expert witness's reasonable expenses, lost wages, and the value of time spent testifying, preparing to testify, or otherwise helping prepare the case, so long as…
Can a Utah lawyer reveal a client's identity, who is paying the fee, or the terms of the fee agreement?
Generally no. The opinion concludes that under Rule 1.6 a client's identity, the source of the fee, and the terms of the fee agreement are confidential by default, disclosable only with informed…
May a circuit judge’s administrative assistant also serve as a municipal judge?
West Virginia JIC Opinion 2021-10 concludes that the administrative assistant cannot concurrently serve as a municipal judge because of the close association with the circuit judge and potential…
Which cases must a new judge avoid after working in the public defender and prosecutor offices?
West Virginia JIC Opinion 2021-09 bars the new judge from cases in which the judge participated as defender or prosecutor; it requires disclosure for colleagues’ prior matters and screening from new…
Can a lawyer who is the sole shareholder of a company act as both its advocate and a necessary witness in a private arbitration?
The opinion concludes the advocate-witness rule (Prof.Cond.R. 3.7(a)) applies to private binding arbitrations, so a lawyer generally may not be both advocate and necessary witness; but a lawyer who…
Can a law firm borrow money from a bank to advance litigation costs in a contingent-fee case and charge the loan interest back to the client's recovery?
The opinion concludes a law firm may obtain a bank loan to advance litigation costs in a contingent-fee personal injury matter and deduct the loan's interest, fees, and costs from the client's…
After a lawyer changes firms, may she contact the clients she used to represent to tell them she has moved and offer to review their estate plans?
Yes. The opinion concludes that a communication to former clients that is germane to the earlier representation is neither an advertisement nor a solicitation, so Rules 7.1 and 7.3 do not apply; it…
Must a judge recuse from every case involving a lawyer who is a codefendant in a pending federal suit?
West Virginia JIC Opinion 2021-08 rejects automatic disqualification but requires disclosure and applicable Trial Court Rule 17.01 procedures in each case involving the lawyer until the suit ends or…
Can separate, independent law firms form a PLLC and market themselves jointly as members of 'ABC Law Group PLLC' when they do not actually practice law together?
No. The opinion concludes that 'ABC Law Group PLLC' would be a false, deceptive, and misleading trade name because it implies the member firms are associated in the practice of law within the PLLC…
May a judge accept an award at a public child abuse prevention ceremony?
West Virginia JIC Opinion 2021-07 permits the judge to attend the public ceremony and accept the award because the event is open to the public and the award does not appear to undermine judicial…
Can a Pennsylvania lawyer throw out old original wills when the clients can't be found?
No. The opinion concludes original signed wills are client property under Rule 1.15 that lawyers must safeguard indefinitely, and may not dispose of them when the testator's location is unknown…
Can a part-time assistant county attorney whose office handles only civil work take assigned defense of state parole-violation cases?
Generally yes. The opinion concludes that there is no per se bar when the county attorney's office does no criminal prosecution, the lawyer appears before no county officials, and county law is not…
What are a Florida lawyer's duties when appointed to represent an alleged incapacitated person in an emergency temporary guardianship, including ex parte hearings?
The lawyer's duties can be harmonized with the guardianship statute even without client contact: investigate as practicable, test the petitioner's case, protect procedural rights, and then notify…
Can a Florida lawyer accept client payments through Venmo or PayPal, including trust funds?
Yes. A lawyer may accept payments via services like Venmo or PayPal, including entrusted funds, if transaction privacy is protected and entrusted funds are promptly moved into a qualifying trust account.
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.