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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I'm representing a husband in his divorce, and his current wife says I represented her in a divorce years ago. She objects. Can I stay in the case?
The panel concluded that the prior and current divorces were substantially related and the wife's interests were materially adverse to the husband's, so under Rule 1.9 the attorney may not continue…
A judgment was entered against my client, who then moved. Opposing counsel says they'll collect but hasn't asked me for the new address. Do I have to volunteer it?
The panel concluded that because opposing counsel had not asked for the address, the attorney did not have to volunteer it, since the information is protected under Rule 1.6; but the attorney should…
I referred a client to another lawyer. Do I get a share of all the fees that lawyer earns from the client, or only from the first case I referred?
The panel did not fix a first-case-only limit; it held that any division of a fee between lawyers in different firms is permitted only if it is proportional to the services performed or set by…
I represent a corporation and gave one 50% shareholder some general advice. He left and kept his stock. Can I keep representing the company and the other shareholder in buying him out?
The panel concluded that under Rule 1.13(e) the lawyer may continue to represent the corporation and Stockholder B in the buyout, but subject to Rule 1.7 the lawyer must obtain Stockholder A's…
I'm a part-time lawyer and also a town's full-time police officer and prosecutor. Can I defend criminal defendants and practice in the Administrative Adjudication Court?
The panel concluded that the lawyer may represent criminal defendants so long as neither responsibilities to other clients nor the lawyer's own interests materially limit the representation under…
Can I pay a referral fee to the lawyer who sent me the case if he did no work on it and there's no written fee-sharing agreement with the client?
The panel concluded that paying any portion of the fee to the referring attorney would violate Rule 1.5(e), because the referring attorney performed no services, there was no written agreement with…
I think a paralegal at a law firm is passing himself off as a lawyer. Do I have to report it, and who is responsible for supervising him?
The panel explained that Rule 8.3 requires reporting lawyer misconduct, so if the firm's supervising lawyers' conduct rose to a Rule 8.3 violation the inquiring attorney was obligated to report it;…
I'm a solo lawyer who was appointed a city's probate judge. Can I represent private clients before that same city's zoning board on unrelated matters?
The panel could not address the judge's conduct under the Canons of Judicial Ethics because that is outside its jurisdiction; as to the lawyer's conduct it applied Rule 1.7(b) and questioned whether…
I'm a solo lawyer who was appointed clerk (and sometimes acting judge) of a town's probate court. Can I still appear before that town's boards and agencies for private clients?
The panel did not give a flat answer but flagged Rule 1.7(b): the representation may be materially limited by the lawyer's responsibilities to, and interests in, the municipal employer, and it…
Can our Bar Association's lawyer referral service require attorneys who take referred cases to pay back a percentage of the fee earned, or does that violate the fee-splitting rule?
The panel concluded, following the California Emmons decision, that a percentage referral fee paid to a nonprofit bar referral service does not violate the public policy behind Rule 5.4(a)'s…
My law partner drafted the deed and closing documents for a property Owner in a sale, and I represent the other side in a breach-of-contract suit against that Owner. Do Rules 1.9 and 1.10 require me to withdraw?
The Panel concluded that because the law partner had undertaken to represent the Owner, Rule 1.10 imputed that representation to the inquiring attorney, who could not continue in the substantially…
Two nonprofit legal services agencies are merging into one entity. After the merger, how do the combined agency's conflict-of-interest duties under Rules 1.7, 1.9, and 1.10 apply to clients who were previously with the separate agencies?
The Panel advised that after the merger the combined agency must review its caseload for conflicts: where current clients' interests are directly adverse it needs each client's consent after…
My partner once represented an estate for an insurer just to settle within policy limits. Now I represent that same insurer against the estate in a related arbitration, and the executor objects. Must I withdraw?
The Panel concluded that under Rules 1.9 and 1.10 the attorney cannot continue to represent the insurance company, because the estate is a former client of the firm, the matters are substantially…
May a California lawyer represent to opposing counsel and the court that an expert witness has been retained when discussions and a proposed engagement letter exist but no contract has been signed, and what duty arises if the expert later revokes consent to designation?
The opinion concluded that, where the lawyer in good faith believed an expert had been retained based on extensive discussions and a proposed engagement letter, designation and representations were…
If a firm hires a former lawyer on a case-by-case contract basis, are the lawyer's conflicts imputed to the whole firm?
The opinion concluded that a firm and a former firm lawyer it engages on an ad hoc, case-by-case contract basis are not treated as a single entity for conflicts purposes, so the contract lawyer's…
Can a D.C. law firm use the abbreviations L.L.C., L.L.P., or P.L.L.C. in its name, or must it spell out the business form?
The opinion concluded that, after the District of Columbia enacted statutes recognizing these business forms, a law firm organized as a limited liability company, limited liability partnership, or…
Does class counsel have a duty under Rule 3-700(D) to turn over papers and property of the class to a member who opts out of the certified class to pursue an independent action?
The opinion concluded that class counsel has no duty under Rule 3-700(D) to turn over the papers and property of the class action to a member who opts out of the certified class, except for papers…
What did the Commission advise an associate justice about future participation in the chief-justice election case?
Opinion 95-544 recognizes the state Supreme Court’s ruling that disqualification was not required, yet recommends recusal from future participation based on the overall campaign relationship and…
What can an Alaska lawyer charge a client for costs and expenses beyond the fee, and what has to be disclosed?
A lawyer may bill actual out-of-pocket costs, reasonable in-house charges like photocopying, and certain overhead surcharges, but only after disclosing the client's liability and how each charge is…
Must an appointed criminal defense lawyer tell the court when the client comes into money that may end the client's eligibility for public counsel?
Yes. The opinion concluded that Rule 3.3 and Administrative Rule 12(f) each independently require appointed counsel to inform the court of a change in the client's financial status affecting…
May a judge serve on a public technical college advisory committee that recommends curriculum and program changes?
The Committee found no Code barrier to the described advisory service if the judge met Canon 4C(3)’s limits, distinguishing it from serving on a public college governing board.
Can a lawyer appear before a town justice when the lawyer represents a relative of another town justice, or after representing the judge's own adult child in an unrelated matter?
The opinion concluded the lawyer may appear in both situations: one judge's disqualifying relationship is not imputed to other judges of the same court, and prior representation of the judge's adult…
Did hiring a former prosecutor’s office secretary require a judge to recuse from criminal cases?
West Virginia JIC Opinion 1995-04 found no conflict on the stated facts because the secretary had handled no grand jury matters and few indictments, unlike an attorney preparing cases.
Under California Rule 1-500, may a law partnership agreement impose a reasonable cost on departing partners who compete with the firm in a limited geographical area?
The opinion concluded that, following Howard v. Babcock, a law partnership agreement may impose a reasonable cost on departing partners who compete with the firm in a limited geographical area; such…
Did an Illinois judge have to recuse when a case lawyer sued the judge or filed a Judicial Inquiry Board complaint?
The Committee found no automatic recusal from either filing alone. The judge still had to assess personal bias and whether impartiality could reasonably be questioned.
Could an Illinois judge recommend a lawyer or former secretary for work, school, or a scholarship?
The Committee allowed references based on personal knowledge of qualifications or character, while cautioning that case-specific circumstances could make a letter improper.
Could an Illinois judge sponsor a lawyer’s admission to practice before the U.S. Supreme Court?
The Committee allowed sponsorship based on personal knowledge, finding it a law-related activity that did not itself cast doubt on impartiality or amount to law practice.
Did an Illinois judge have to recuse when the lawyer handling the judge’s divorce appeared as counsel?
Yes. The Committee found reasonable doubt about impartiality while the lawyer represented the judge, with possible written remittal after disclosure under former Rule 63D; former representation…
Did an Illinois judge have to report another judge based only on allegations in a substitution petition?
No. The Committee said allegations in the petition alone did not give actual knowledge of a Code violation; the reporting duty arose only with knowledge of misconduct.
Can a Michigan lawyer be listed by a church as offering discounted will drafting to congregants who leave a bequest to the church?
The opinion concluded that a lawyer may be on a church list of lawyers who offer special rates for wills to congregants leaving a bequest to the church, provided the church knows the lawyer's…
Can I advertise my solo practice on TV under a trade name like 'XYZ Law Associates' while keeping my own name on my letterhead and bank accounts?
The panel concluded that using a trade name in lieu of the lawyer's name for television advertising was a misleading communication under Rule 7.1(a), because it misleads the public about the…
My client's personal injury case settled, but the client and a treating physician dispute whether the medical bill is owed, and the client tells me not to pay. What do I do with the money?
The panel concluded that because the client and the physician dispute the funds, the lawyer must keep the disputed portion separate under Rule 1.15 pending resolution, arbitration, or interpleader,…
Can I keep representing my client at a deposition where the witness being deposed is another current client of mine in an unrelated matter?
The panel concluded that the lawyer may continue representing Client #2 and attend Client #1's deposition, but only if the lawyer reasonably believes the representation will not adversely affect the…
Another lawyer at my firm admitted directly to me that he took client money. Do I have to report him under Rule 8.3, or is his admission confidential?
The panel concluded that the attorney was obligated to report Attorney X to Disciplinary Counsel, because taking client funds raises a substantial question as to honesty, trustworthiness, or…
My client gave me documents from a spouse's computer that allegedly show wrongdoing. The couple reconciled and wants them destroyed, but a government agency wants them. What are my obligations?
The panel concluded that Rule 1.6 bars disclosing information relating to the representation without the client's consent, and permits disclosure only within the rule's exceptions, so the lawyer may…
Can I, as a practicing lawyer, form a partnership with a therapist to offer family-law mediation, if we disclose to the parties that neither of us represents them?
The panel concluded that Rule 5.4(b) prohibits the lawyer from conducting a law practice while also partnering with a nonlawyer therapist to provide mediation services, because the lawyer would be…
In Kentucky, may a lawyer report a client to a credit reporting agency for an unpaid bill when the lawyer does not want to sue the client?
No. The opinion concluded that referring a client's unpaid account to a credit bureau discloses a client confidence for a purpose beyond collecting the fee, and is improper unless the client…
In Kentucky, can a lawyer the insurer hires to defend an insured also represent the insurer on bad-faith (UCSPA) claims brought in the same action?
No. The opinion concluded that defense counsel represents the insured, not the insurer, and that dual representation of both on the insured's underlying tort and the insurer's UCSPA exposure…
In Kentucky, may lawyers form a separate mediation corporation under a trade name and solicit mediation business from attorneys, insurers, and the public?
Yes, with limits. The opinion concluded mediation is not the practice of law, so the corporation may use a trade name and solicit business, but any advertising identifying a participant as a lawyer…
In Kentucky, may a lawyer sell insurance to clients and take a commission, prospect for insurance customers, or accept referral fees from other insurance agents?
Qualified yes on selling insurance with full written disclosure and consent under Rules 1.7 and 1.8(a); no on accepting referral fees from other agents; the lawyer should not run an insurance agency…
In Kentucky, may a lawyer lend a client money for financial assistance other than the expenses of litigation?
No. The opinion concluded that Rule 1.8(e) bars a lawyer from giving a client financial assistance beyond the expenses of litigation, so lending money for living or medical expenses is prohibited.
Can a lawyer who lives in Nevada but is licensed only in other states use letterhead with a Nevada address?
The Committee concluded that an attorney who lives in Nevada but is licensed only in other states may not use letterhead showing a Nevada address and his out-of-state admissions unless it is…
Can a collections lawyer pre-sign blank judgment-execution forms for the sheriff, or let his printed name go on dunning letters that falsely say an execution has been sent?
The opinion concluded no to both; pre-signing a blank execution falsely implies the lawyer verified the facts later filled in, and letting one's name appear on letters that wrongly state an…
Can a New York firm list a lawyer admitted only in a foreign country as an associate on its letterhead and in its advertising?
The opinion concluded yes, provided an appropriate disclaimer sets forth the jurisdictional limitations on the associate's practice; it modified the firm's earlier opinion that had rejected a…
When a legal services organization may have committed malpractice against its own client, can it keep representing the client, and what must it do about the possible malpractice claim?
The opinion concluded the organization has a non-waivable conflict of interest, so it must withdraw from the representation, advise the client to obtain legal advice from a lawyer not employed by…
Can a lawyer use a third-party company that finances clients' legal fees, paying the lawyer up front and collecting from the client with interest?
The opinion concluded such fee-financing arrangements are not per se improper, but the specific plan would be improper unless modified, because the lawyer must keep control over whether the client…
When representation ends, which file materials can a lawyer keep as personal or internal, and which must go to the former client?
Only candid internal items. The opinion concluded that under Montana's Rule 1.16(d) a lawyer may retain personal or internal-use papers such as the lawyer's own notes and intraoffice memos, but must…
Could a judge enter uncontested divorce orders from submitted papers without a hearing?
West Virginia JIC Opinion 1995-03 concluded that the described paper-only procedure did not meet statutory requirements for findings about the parties’ agreement.
Can a law firm make an associate sign an employment agreement that financially penalizes the associate for taking firm clients after leaving?
The opinion concluded that the employment agreement's provisions violated Rule 4-5.6(a), which bars restricting a lawyer's right to practice after termination, because they created a substantial…
Could a judicial officer sit on a rehearing panel where the judicial officer’s special-counsel firm had related client interests?
West Virginia JIC Opinion 1995-02 concluded that the judicial officer could not continue on the case and had to recuse under former Canons 2A and 3E(1).
Could a judicial candidate be named on a campaign committee’s checking-account signature card to sign checks?
West Virginia JIC Opinion 1995-01 concluded that a judicial officer or candidate could not be a campaign-account signatory for that purpose under former Canon 5C(2).
What did the superseded 1995 opinion say about a judge’s recommendation letter on judicial letterhead?
The 1995 opinion allowed personal-stationery recommendation letters but rejected judicial letterhead for them; the official page says a later amendment to Canon 2(B) commentary overturned that answer.
How did the Commission address a judge’s former client or former litigation opponent appearing as a party?
Opinion 95-547 distinguishes nonremittable prior counsel work in the same matter from fact-dependent former-client or opponent relationships; Opinion 99-740 later adopted a two-year period for…
Does an uncontested or consent case remove disqualification when counsel is the judge’s nephew or former partner?
Opinion 95-546 disqualifies the judge when the nephew appears, subject to written Canon 3D remittal; a former partner’s work on the same matter during their partnership also disqualifies the judge…
Must a judge recuse when a party’s lawyer merely shares office space with the judge’s nephew?
Opinion 95-545 finds no automatic disqualification from shared office space, but requires recusal if the nephew has a substantially affected interest, participated in the matter, or other facts…
Must a judge recuse from a capital murder trial when the judge’s son represents a separately indicted co-defendant?
Opinion 95-543 says the son’s separate representation alone is not automatically disqualifying, but requires recusal on the stated capital-case facts to avoid an appearance of impropriety.
May a disqualified judge grant urgent relief when no other judge can act?
Opinion 95-542 allows immediate action to protect life, property, or the status quo when no other judge is available, then requires recusal once that emergency ends.
Does attending the same Sunday school class as defendants require a judge to recuse?
Opinion 95-541 says shared Sunday school attendance alone neither requires disqualification nor reasonably questions the judge’s impartiality on the stated facts.
Must a judge recuse when the judge’s spouse is a part-time dietary consultant for a defendant hospital?
Opinion 95-540 finds no disqualification on the stated facts because the spouse’s limited hospital consulting is unrelated to the claim and no affected interest or reasonable appearance concern is shown.
I closed my law practice to take a non-legal job and my clients won't respond or hire new counsel. Can I withdraw from their contested probate case?
The panel explained that closing a practice and a client's failure to communicate can support a motion to withdraw under Rule 1.17, but because the attorney had not filed such a motion and Rule…
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.