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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Can a Maine lawyer put a binding fee-arbitration clause in the retainer, and can it override the client's right to bar-run fee arbitration?
The opinion concluded a clause that would block the client from invoking Rule 9 bar arbitration is improper, but a clause requiring arbitration while preserving the client's option to use Rule 9 is…
Can a divorce lawyer take a contingent referral fee for sending the client's separate civil-rights claim to another lawyer?
The opinion concluded the referral fee is permissible because the civil-rights claim is separate from procuring the divorce, but only if the lawyer meets the strict disclosure, fairness, and…
Can a lawyer form a partnership with a non-lawyer in a firm that offers only mediation services?
The opinion concluded yes; because mediation creates no lawyer-client relationship it is not the practice of law under the no-partnership rule, so neither the partnership nor the fee-splitting it…
I took over a PI case, settled it, and the client says don't pay the doctor, but the doctor produces a medical lien the prior lawyer signed that wasn't in my file. What do I do with the money?
The panel concluded that placing the disputed funds in escrow complied with Rule 1.15, and that because prior counsel and the client had signed a lien creating the physician's reliance, the disputed…
Someone came to me for an unrelated matter and hasn't paid yet, and I saw in the paper he's behind on child support. Can I report what I know to the state agency?
The panel concluded that an attorney-client relationship existed despite the unpaid fee, so the client's name, address, and phone number learned at the initial conference were confidential under…
My firm does lender work and I want to add closings representing both lender and borrower with consent. What if I later have to foreclose for a lender against a borrower I represented on the purchase?
The panel advised the lawyer to follow the criteria of Rule 2.2 for acting as an intermediary between clients, and held that if and when a conflict arises between lender and borrower, the lawyer…
I want to mail realtors an ad offering title searches and a 'closing cost coupon' crediting buyers they refer to me. Does that comply with the advertising rules?
The panel concluded that the mailing would comply if 'advertisement' appears in larger type on the letter, envelopes, and coupons and a copy goes to Disciplinary Counsel within 48 hours, but it…
I represented a birthmother in an adoption where everyone agreed the adoptive parents would stay anonymous. She now wants her whole file, which names them. Can I redact or withhold those identities?
The panel concluded that although Rule 1.17(d) obligates the attorney to surrender the client's papers on termination, because all parties, including the birthmother, agreed the prospective and…
Could a metropolitan judge continue serving on a nonprofit victim-support advisory board?
The committee concluded that board service was permissible where the organization’s matters did not ordinarily come before the judge or frequently before the metropolitan court, subject to Rule…
When is an 'of counsel' lawyer treated as part of the firm so the fee-division rules don't apply?
The opinion concluded that an 'of counsel' lawyer is in the same firm for fee-division purposes only if the lawyer practices through that firm exclusively; a referral to an 'of counsel' lawyer with…
Can a law firm run a mediation department under a separate trade name and list nonlawyer mediators on its letterhead?
The opinion concluded that a firm may operate a mediation department but must run it under the Rules of Professional Conduct: nonlawyer mediators may not own part of the firm or department, the…
Can a lawyer threaten to file a bar grievance against opposing counsel to gain an advantage in a civil case?
The opinion concluded that, under most circumstances, it is ethically impermissible to threaten a fellow bar member with a disciplinary complaint; where the lawyer is required to report misconduct,…
Can a lawyer communicate directly with a party who is litigating pro se but is represented by counsel only in a related matter?
The opinion concluded that opposing counsel may communicate with a pro se individual about the litigation in which that person is unrepresented, even though the person has a lawyer in a related…
Does a son-in-law’s job and small stockholding in a party’s parent company disqualify a judge?
Opinion 95-564 says employment by a party’s parent company alone does not disqualify the judge; recusal depends on a substantially affected interest, likely material testimony, personal bias, or…
Does helping appoint one personnel-board member disqualify judges from a salary case involving that board?
Opinion 95-563 finds no disqualification from the judges’ limited collective appointment role alone, while preserving recusal if added facts question impartiality or show personal bias.
May a judge advertise in a political dinner program using funds from a prior judicial campaign?
Joint Opinions 95-561 and 95-562 permit a dignified program advertisement and ticket purchase with earlier campaign funds under the Canons, without deciding separate statutory restrictions.
May an incumbent judge use earlier campaign contributions for a political dinner ticket and program advertisement?
Joint Opinions 95-561 and 95-562 allow the judge to buy the dinner ticket and suitable program advertisement with earlier campaign funds under the Canons, while leaving statutory campaign-finance…
Is a judge disqualified when a first cousin is an officer of a bank appearing as a party?
Opinion 95-560 disqualifies the judge because the first cousin is an officer of the party bank, subject to Canon 3D remittal; bias or disputed-fact knowledge arising from that relationship would be…
Did credit-card debt to a party bank automatically disqualify the judge under Opinion 95-559?
The 1995 opinion found no automatic recusal from ordinary bank debt but called for disclosure and recusal on request; Opinion 09-903 later revised that recusal-on-request analysis.
Did a partially secured loan from a party bank automatically disqualify the judge under Opinion 95-558?
The 1995 opinion found no automatic recusal from ordinary bank debt but called for disclosure and recusal on request; Opinion 09-903 later modified the inference that an ordinary bank relationship…
When do a spouse’s trust investments through a party bank disqualify a judge?
Opinion 95-557 requires recusal for bias or disputed-fact knowledge arising from the spouse’s relationship, or for a financial or substantially affected interest; it distinguishes remittable…
Does renting a safe deposit box at a bank disqualify a judge from its case?
Opinion 95-556 says the rental alone does not disqualify the judge; recusal is required if that interest could be substantially affected by the result, and the parties may remit that disqualification.
Do a judge’s checking and savings accounts at a party bank require recusal?
Opinion 95-555 says the accounts alone do not disqualify the judge, but recusal is required if the bank relationship could be substantially affected by the case, subject to Canon 3D remittal.
Does a judge’s trust beneficiary relationship disqualify the judge when its bank trustee is a party?
Opinion 95-554 requires recusal if the trust relationship produces personal bias or disputed-fact knowledge, a financial interest, or another interest substantially affected by the case; the opinion…
May a probate judge serve on the board of the Alabama Farmer’s Federation and ALFA Insurance?
Opinion 95-553 permits the board role within Canons 5C and 5D, while requiring recusal if either organization is a party, subject to remittal; compensation must meet Canon 6.
May a judge send thank-you letters to jurors after a court term?
Opinion 95-552 permitted juror thank-you letters under earlier conditions; Opinion 08-894 later modified its court-resource authorization requirement and supplied new guidelines.
Can parties waive a judge’s disqualification in a consent case by signing a statutory waiver?
Opinion 95-551 says Canon 3D permits remittal only for the specified Canon 3C grounds and requires disclosure plus an independent written agreement by all parties and lawyers in the record; it does…
May a circuit judge hear a de novo appeal from a case the judge presided over in district court?
Opinion 95-550 disqualifies the judge from the appeal even if a jury will try it, because the judge presided over the case in the earlier district-court role.
Is a judge disqualified from a later petition when a nephew represented a party in the original case?
Opinion 95-549 disqualifies the judge from the later petition even when other lawyers now appear, because the lawyer-relative appeared in the original proceeding; the ground may be remitted under Canon 3D.
What happens when a party hires the judge’s nephew or former law partner days before trial?
Opinion 95-548 makes the result depend on whether disqualification exists or is remitted and on the court’s decision under ordinary counsel-change and continuance standards.
Can a government legal-aid lawyer let a nonlawyer supervisor have free access to client files so the supervisor can collect demographic data about the clients the office serves?
The opinion concluded that a lawyer may disclose client-file information to a nonlawyer supervisor when the disclosure helps carry out the representation, but if it does not, disclosure requires the…
Can a corporation rent out its in-house lawyers to other clients at a markup, or take a cut of a statutory fee award won by its in-house counsel, above what the lawyer cost the company?
The opinion concluded that an in-house lawyer who provides services to third parties for a fee, or who recovers a statutory fee award, violates Model Rule 5.4(a) by turning over to the corporate…
Can a former judge who returns to practicing law keep using the title 'Judge' or 'The Honorable' on letterhead, in pleadings, on the phone, or in the courtroom?
The opinion concluded that a former judge who returns to the practice of law may not continue to use the titles 'Judge' or 'The Honorable' in connection with the practice, because doing so is a…
Was an Illinois judge disqualified from criminal cases because the spouse worked as a prosecutor’s secretary?
The Committee found no blanket disqualification from criminal, juvenile, or traffic cases, but said recusal could be required if the spouse became a material witness or other case-specific facts…
Could an Illinois judge personally sign thank-you notes to judicial campaign contributors?
Yes. The Committee said former Rule 67B(2) did not bar knowing contributor identities or sending personally signed acknowledgments, while contribution knowledge could matter to recusal in an…
Could an Illinois judge accept a publisher’s free legal-research CD-ROM subscription for official use?
The Committee allowed the subscription as the electronic equivalent of complimentary books for official use, subject to former disclosure requirements and the bar on actual or apparent impropriety.
Was an Illinois judge disqualified because a former law partner once represented a party in an unrelated case?
The Committee found no required recusal from the prior representation alone, reading the former seven-year client rule to cover a judge’s own former clients rather than every client of a former partner.
If a represented criminal defendant approaches the prosecutor directly, claims his lawyer serves others' interests, and offers to cooperate in secret, may the prosecutor deal with him?
No. The opinion concluded the prosecutor may not communicate with or accept cooperation from a defendant known to be represented, but should advise him of his right to counsel of his choice and may…
After a client dies, can the lawyer give the client's siblings copies of the client's earlier wills, or only to the estate's personal representative?
Only to the personal representative. The opinion concluded the duty of confidentiality survives death, so the lawyer may disclose a deceased client's confidential information to the estate's…
Can a North Carolina lawyer charge another lawyer a referral fee, set it as a percentage or flat amount, and how much must the client be told?
Yes, if the fee-division rule is met: the client is advised of and does not object to all lawyers' participation, each lawyer assumes joint responsibility (or the split is proportional), and the…
If a client admits he lied under oath in a verified complaint and deposition, is dismissing the case enough, or must the lawyer do more after the client perjured himself?
Dismissal is not enough. The opinion concluded the lawyer must call on the client to rectify the fraud by letting the lawyer disclose the false statements to opposing counsel, and must withdraw if…
In a domestic case, can a lawyer secure an unpaid fee with a deed of trust on the client's real property, including property that is the subject of the litigation?
Yes, if the transaction is fair to the client. The opinion concluded a deed of trust securing fees is not the kind of proprietary interest in the litigation the conflict rule forbids, even on the…
Can a lawyer give a collection agency a share of the recovery for nonlegal help, or pay forwarding lawyers and agencies a referral fee?
No to both. The opinion concluded that paying a collection agency a percentage of the recovery is improper fee-splitting with a nonlawyer under Rule 5.4(a), and referral fees are barred except for…
If a lawyer's depression or post-traumatic stress makes it hard to handle cases, must the lawyer withdraw, and can the cases go back to the former firm?
The opinion concluded that a lawyer whose mental condition materially impairs the ability to represent a client must withdraw under Rule 1.16(a)(2); once the lawyer withdraws, the client may retain…
Can a lawyer bid a fixed annual fee to defend a company's cases when the firm must pay any litigation expenses that exceed the bid out of its own pocket?
The opinion concluded that a lawyer may not enter an annual fixed-fee agreement in which the low-bidding firm must absorb all litigation expenses, because the lawyer's own interest in avoiding…
Can a lawyer report another lawyer's misconduct that the lawyer learned through a client's confidential information?
The opinion concluded that if the information about another lawyer's misconduct is a confidence or secret protected by MRPC 1.6, the lawyer may not report it to the Attorney Grievance Commission…
Can married lawyers be opposing counsel, can one's firm oppose the other when that firm member is not on the case, and can a judge married to a firm member preside?
No, yes, no. The opinion concluded that married lawyers may not directly oppose each other without client consent under Rule 1.8(i), that the disqualification is not imputed to their firms, but that…
Can an Ohio judge write letters of recommendation for law school applicants, the judge's law clerks, or candidates for a federal judgeship?
The opinion concluded that a judge may recommend a law school applicant, a law clerk seeking attorney employment, or an individual seeking a federal judgeship when the judge has firsthand knowledge…
Can Ohio judges accept a free set of the entire Revised Code from a publisher that does business with the court?
The opinion concluded that a court, justice, or judge may not accept a year's complimentary use of casebound editions of the entire Revised Code from a publisher that does business with the court,…
Must a new Ohio judge recuse from cases argued by a former law partner while still collecting the old firm's accounts receivable?
The opinion concluded that a newly elected judge should disqualify from cases advocated by a former law partner while receiving income from the former partnership's accounts receivable; no fixed…
Can a former chancellor in private practice represent a party in later contempt or modification proceedings in a case the chancellor decided on the bench?
The opinion concluded that under Rule 1.12(a) a former chancellor may not represent a party in subsequent contempt or modification proceedings, including in non-contested or no-fault divorces, where…
A lawyer holds a small settlement for a now-incompetent client who can't sign the required release. What must the lawyer do with the funds, and must they earn interest?
The opinion concluded the lawyer must hold the funds and pursue a valid release (or a court deposit or agreement to dispense with one), and that if the funds are likely to be held a year or more,…
Must a lawyer report a former partner who neglected matters and mishandled client and firm funds, and what if the lawyer believes the partner is mentally impaired?
The opinion concluded the lawyer must report a former partner to disciplinary authorities on knowledge of a pattern of neglect or the mismanagement or conversion of client or firm funds, subject to…
Can a severance agreement require departing in-house counsel to keep company information confidential without violating the rule against restricting a lawyer's practice?
Yes. The opinion concluded that confidentiality provisions in a departing in-house lawyer's severance agreement do not impermissibly restrict the right to practice under ER 5.6, as long as they…
Can a California-licensed lawyer represent Nevada clients before the bi-state Tahoe Regional Planning Agency?
The Committee concluded that because the Tahoe Regional Planning Agency is a bi-state agency created by an interstate compact and is not subject to either state's attorney-licensing rules, a…
May a city council direct its prosecutor to dismiss a criminal case to avoid defense-counsel costs?
The committee said the charging decision belongs to the city prosecutor, not the council. The prosecutor may consider resources and trial costs among the factors in exercising independent discretion.
Can an indigent-defense contract require defense counsel to report a client's financial eligibility information to the court without violating confidentiality?
The opinion concluded the contract term is permissible if 'probative of guilt or innocence' is read to cover any charge, so privileged communications stay protected while non-privileged secrets and…
Could a judge work part time as a salesman for a local bread company?
West Virginia JIC Opinion 1995-05 concluded that the judge could not take the sales job under former Canon 4D(3).
When a client is too emotionally unstable to assist in the case or make decisions, can the lawyer seek a guardian and disclose the client's condition to the court?
The opinion concluded that, under Rule 1.14, a lawyer may seek appointment of a guardian or take other protective action when the lawyer reasonably believes the client cannot adequately act in the…
I finished evaluating a client's malpractice claim and found it wasn't viable, but now I can't reach the client and my mail came back. What are my obligations?
The panel pointed to its General Information Opinion #6, which addresses a lawyer's obligation to exercise diligent efforts both to locate a missing client and to protect the client's interests.
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.