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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Are the trust accounts of a law-related or ancillary business operated by a lawyer subject to the same trust-account, overdraft-notification, and audit rules as a law practice?
Formal Ethics Opinion 94-F-135 concluded that the trust accounts of law-related ventures operated by lawyers are fully subject to the trust-overdraft notification and audit provisions of Supreme…
Can a lawyer charge a contingent fee to collect child-support arrearages, and can the lawyer loan money to the opposing party to enable payment?
Formal Ethics Opinion 94-F-134(a) reaffirmed that a lawyer collecting past-due child support may not loan funds to the adverse ex-husband to enable him to pay, because doing so gives the lawyer a…
May a district judge refuse domestic-relations cases assigned under the presiding circuit judge’s statutory designation?
Opinion 94-539 finds refusal of the lawful domestic-relations assignment improper and unethical under the cited Canons on judicial duties and compliance with law.
How did the Commission address a judicial candidate’s answers to issue questionnaires?
Opinion 94-537 permits a candidate to state a personal view on a specific issue while making clear the candidate will follow the law, but rejects pledges to disregard precedent and answers about…
Must a judge recuse when the judge’s part-time bailiff is married to a lawyer in a party’s law firm?
Opinion 94-536 requires nonremittable disqualification while that bailiff serves the judge in a case involving the spouse’s firm, but says reassignment to another judge for the proceeding avoids the…
Is a judge disqualified when a lawyer at the court reporter’s spouse’s firm appears?
Opinion 94-535 says the court reporter’s marriage to a lawyer at counsel’s firm does not by itself disqualify the judge, and calls for disclosure of the judge’s relationship to the court reporter to…
Is a judge disqualified when a prosecutor belongs to the law firm in which the judge’s brother is a partner?
Opinion 94-534 finds no automatic disqualification based solely on the brother’s partnership, but requires recusal if impartiality might reasonably be questioned or the judge knows the brother has…
May a judge join a local junior college marketing advisory council?
Opinion 94-533 permits service on the college’s marketing advisory council if the judge observes Canon 5B’s restrictions on outside civic and educational activities.
May a lawyer have a sexual relationship with a current client during the representation?
No (as the opinion stood). The committee concluded that a sexual relationship with a client or the client's representative during an ongoing representation is unethical, except with a spouse,…
Could a judge serve as parliamentarian at a credit union’s annual membership meeting?
West Virginia JIC Opinion 1994-25 found no Code provision barring the judge from ensuring the meeting followed Robert’s Rules of Order.
Could a part-time family law master draft decisions on backlogged workers compensation cases under contract?
The letter indexed as West Virginia JIC Opinion 1994-24 permitted the contract if the master only reviewed files, drafted decisions, took no evidence, and received a flat fee per case.
Must a judge recuse from every case involving an insurer against which the judge had a personal accident claim?
West Virginia JIC Opinion 1994-20 found no blanket recusal requirement but directed the judge to keep disclosing the personal claim in cases involving that insurer.
I represent an estate, and I suspect the executor (himself a lawyer) has diverted estate funds. Do Rules 1.6 and 8.3 require or allow me to report him, and must I investigate to confirm my suspicion?
The Panel concluded that on these facts the inquiring attorney may not disclose the executor's suspected wrongdoing, because none of Rule 1.6(b)'s exceptions applied and Rule 8.3(c) does not require…
I hold a client's fund earmarked only for expenses, and now the former client owes me unpaid hourly fees. Can I keep the expense funds to cover my fees under Rule 1.15?
The Panel concluded the attorney has no basis to claim the client's funds held solely to pay expenses; if the representation is complete, the attorney should return any balance with an accounting,…
A named partner is leaving my firm to work at a corporation but will stay 'of counsel.' Can we keep the partner's name in the firm name under Rule 7.5?
The Panel concluded that the departing 'of counsel' attorney's name may not remain part of the firm name, because retaining it connotes a partnership and is misleading under Rule 7.5, and the…
I represented a student against two schools. Now one of those schools wants me to sue the other in a related matter, and to run training workshops for the other school's staff. Can I take on that new work under Rule 1.7?
The Panel concluded that the attorney may not represent the school against the school department in the substantially related matter unless the former student client consents after consultation, and…
Is it ethical to charge a contingent fee to a client who could afford to pay hourly, or when liability is already clear, and can the percentage rise as the case proceeds or as the recovery grows?
The opinion concluded that a contingent fee is ethical as long as it is appropriate and reasonable and the client was fully informed of alternative billing arrangements; a client's ability to pay…
Can a firm describe itself as 'affiliated,' 'associated,' or part of a 'network' with other firms, and what conflict and fee-sharing rules apply to those relationships?
The opinion concluded that lawyers must not mislead prospective clients about firm size, resources, or relationships with other firms, so terms like 'affiliated,' 'associated,' 'correspondent,' or…
Can a part-time assistant county prosecutor share office space with a criminal defense lawyer and co-counsel civil cases with that lawyer?
The opinion concluded that an assistant prosecutor in part-time private practice may share office space with a criminal defense lawyer and co-counsel unrelated civil cases, provided they protect…
Can an Ohio lawyer charge for a public legal seminar, accept clients who come from it, and do the same on a radio talk show?
The opinion concluded that a lawyer may charge a nominal seminar fee, accept employment that results from a seminar or radio talk show, and announce availability to speak, so long as the lawyer does…
Can a lawyer recommend and participate in a deal where the client pays a nonlawyer investigator a contingent fee out of the recovery, in addition to the lawyer's own contingent fee?
The Committee concluded a lawyer may participate in such an arrangement if four conditions are met: the lawyer fully explains it and the fee agreement contemplates it; the investigator's contingent…
Can a state legislator who is an associate at a law firm vote on legislation the firm is drafting for a client whose business is affected by the bill?
Yes. The opinion concluded that mere representation of a client affected by legislation creates no per se impropriety, so the legislator may vote, provided neither the firm nor the legislator leads…
What conflict arises when a city attorney votes on the planning commission and later advises the city commission on an opposing decision?
The committee said a Rule 1.7 conflict existed when the city and planning commissions disagreed after the city attorney voted on the planning matter. Whether continued representation was possible…
Can a New Jersey lawyer represent an opposing attorney as a client in an unrelated matter while the two are adversaries in another case, if both clients consent?
The Committee concluded that the dual representation created an appearance of impropriety under RPC 1.7(c)(2) and was impermissible even with both clients' consent, because the appearance is judged…
Must a California law firm obtain client consent to changes in fee calculation methods, and is it ethically permissible to require attorneys to meet a minimum-billable-hour productivity standard?
The opinion concluded that an attorney has a duty to inform the client of the fees charged, the methods used to calculate fees, and any alternative fee arrangements, and to obtain client consent;…
Can Mississippi lawyers practice through a professional limited liability company, and can nonlawyers or out-of-state lawyers be members?
The opinion concluded that the Mississippi Rules of Professional Conduct do not prevent lawyers from practicing as a professional limited liability company; the firm name must end in PLLC, each…
If a Mississippi lawyer knows an out-of-state lawyer is practicing law in Mississippi without a license, must the lawyer report it, and to whom?
The opinion concluded that a lawyer with actual knowledge that another lawyer is engaged in the unauthorized practice of law has a Rule 8.3 duty to report it, and that the duty is satisfied by…
My partners and I left our old firm to start a new one. A new client wants us to sue a client our old firm handled, in an unrelated matter we had no confidential knowledge of. Can our new firm take it under Rules 1.9 and 1.10?
The Panel concluded that because the new matter is unrelated to the old firm's work for the former client and the lawyers acquired no actual knowledge of protected information, the new firm may…
My client died, and the widow won't cooperate in substituting a personal representative as plaintiff so I can move the case forward. May I withdraw under Rule 1.16?
The Panel concluded that because the widow's lack of cooperation prevents effective representation, withdrawal is permitted under Rule 1.16(b)(5), which allows withdrawal when the client has…
Can a law firm pay an insurance company a per-case referral fee and represent the clients the insurer sends?
The opinion concluded that a firm paying an insurer a referral fee (plus subleasing space and taking a line of credit from the insurer's principals) can satisfy Rule 7.1's intermediary-disclosure…
Does a child's court-appointed guardian ad litem have to pursue, or at least flag, the child's tort claims against third parties?
The opinion concluded that a guardian ad litem appointed in a neglect proceeding has no duty to initiate tort claims for the child, because the appointment's scope is limited to custody and…
Is a former government official barred from representing private plaintiffs against the agency in a later case that shares only some legal issues with a matter the official handled in office?
No. The opinion concluded that under Rule 1.11(a), a former public officer is disqualified only from the same 'matter' he participated in personally and substantially, and a later case with…
Can a lawyer team up with a nonlawyer-owned company to give legal advice to callers of a 1-900 pay-per-call number?
The committee was of the opinion that the arrangement violates RPC 5.4(a) and (b) and 7.2(c), and that the prerecorded advice raises serious competence and malpractice concerns under RPC 1.1, 1.2,…
Can an estate-planning lawyer accept a referral fee from an insurance company for steering a client who then buys life insurance?
The opinion concluded that an estate-planning lawyer may not accept a referral fee from an insurance company for recommending a client, because the conflict is non-consentable: life insurance is not…
In Kentucky, may a criminal-defense firm pay a salary supplement to subsidize a new lawyer's two-year term with the prosecutor's office before the lawyer joins the firm?
No to the subsidy. The opinion concluded that a defense firm's $10,000 salary supplement subsidizing the prosecutor's office raised ethical problems, though the firm could conditionally hire the…
In Kentucky, may an employer's lawyer contact an EEOC complaining-witness employee without the EEOC counsel's consent during a pending enforcement action?
Qualified yes. The opinion concluded the lawyer must first determine whether the agency represents the employee individually: if yes, Rule 4.2 bars contact; if not, Rule 4.3 governs and contact may…
In Kentucky, if a lawyer is a city alderman, may other members of the lawyer's firm represent clients before the local planning commission?
Yes, with safeguards. The opinion concluded firm members are not disqualified if the alderman is not on the relevant zoning committee, recuses from related votes and appointments, and the firm uses…
What fee is a discharged contingent-fee lawyer entitled to in Nevada, and can the lawyer keep the client's file?
The Committee concluded that a contingent-fee attorney discharged without cause is entitled to a reasonable fee in quantum meruit determined at the conclusion of the case under the SCR 155 factors,…
When a lawyer represents a client under a guardianship for disability, must the lawyer advocate the client's own wishes even if the lawyer thinks they are against the client's interests?
Yes. The opinion concluded that a lawyer for a client under guardianship has an absolute duty to advocate the client's expressed desires, and owes the same fidelity and conflict-avoidance duties as…
Can an assistant district attorney or a DA's nonlawyer staff advise an unrepresented traffic defendant on plea options that would reduce insurance points or save a license?
No. The opinion concluded that the DA's lawyers and supervised staff represent the State, so they may not give legal advice to an unrepresented citizen charged with an infraction beyond advising the…
Can a lawyer's fee agreement direct the clerk of court to send a domestic client's alimony or child support payments to the lawyer to cover unpaid fees?
No. The opinion concluded that directing support payments to the lawyer gives the lawyer a prohibited proprietary interest in the subject of the litigation under Rule 5.3(a); the advance-fee…
Can a closing lawyer own stock in a title insurance agency that earns compensation on the same real estate transactions the lawyer closes?
No, on these facts. The opinion concluded that even an insubstantial ownership interest in a title agency that is paid on the lawyer's own closings creates a conflict too great to allow, because the…
Can a defense lawyer in a medical-malpractice wrongful-death case contact the pathologist who performed the decedent's autopsy, without the consent of the estate's lawyer?
Yes, unless a statute or case law prohibits it. The opinion concluded the privacy rule barring ex parte contact with a plaintiff's nonparty treating physician does not reach a pathologist who…
Can a lawyer let a legal assistant or paralegal examine a witness at a deposition, or appear for a client or witness being deposed by opposing counsel?
No. The opinion concluded that conducting a deposition requires the lawyer's independent legal judgment from moment to moment, so letting a legal assistant examine or appear at a deposition aids the…
If a personal-injury client dies during the representation, must the lawyer tell the tortfeasor's insurer before continuing to negotiate the claim?
Yes. The opinion concluded that the lawyer must disclose the client's death to the insurer before continuing negotiations, because the death ends the representation and negotiating or settling…
When a client gets new counsel and asks for the file but refuses to pay copying costs, who bears the expense of copying, and how is the file divided when the lawyer represented several clients in the same matter?
The opinion concluded the file belongs to the client and a withdrawing lawyer must deliver it, bearing the copy cost only for the one set she keeps for her own records; original documents that…
Can a lawyer discuss confidential client matters on a cellular or cordless phone that could be intercepted?
The opinion concluded a lawyer should exercise caution when discussing client confidences or secrets on cellular, cordless, or other readily interceptable devices, should consider securing such…
If a lawyer for a limited partnership discovers the general partner is looting it, must the lawyer tell the limited partners, and may the lawyer tell outsiders?
The opinion concluded that a lawyer for a limited partnership must disclose the general partner's improprieties to the limited partners, since the entity is the client, but may not reveal the…
Must a lawyer pay settlement money to the client when a third party, like a government Medicaid lienholder, also claims part of it?
The opinion concluded that when both the client and a third person claim an interest in settlement proceeds held in the lawyer's IOLTA account, the lawyer must not disburse the disputed portion to…
When a former client owes unpaid fees, can a lawyer or the old firm withhold the client's files until the bill is paid?
The opinion concluded that retaining liens on a client's files are strongly disfavored in the District of Columbia. Under Rule 1.8(i) a lawyer may withhold only the lawyer's own work product that…
May a judge refer criminal defendants to a private, for-profit driver education program?
Opinion 94-532 says a referral to a private program is not itself a Canon violation, but the judge may not have a financial interest in or receive any personal benefit from the center because of the…
After Ohio banned honorariums for public officials, can a judge still accept pay for teaching a law-related college course?
The opinion concluded that compensated teaching of a law-related college or university course is not a banned 'honorarium' under R.C. 102.03(H) because teaching is not the same as a speech, so a…
Can an Ohio lawyer refer a client to a finance company if the lawyer agrees to give the company a percentage of the legal fee in exchange for the company lending the client money?
The opinion concluded that prospectively agreeing to pay a financing company a percentage of an earned legal fee in exchange for the company lending money to the client is improper fee-splitting…
Can a lawyer advertise under a trade name without the lawyer's own name, and charge a contingent fee to collect overdue child support or alimony?
A lawyer may advertise under a non-misleading trade name without the lawyer's own name, and may charge a reasonable, written contingent fee to enforce post-judgment support, alimony, or property…
Could a full-time family law master remain an officer of a local bar association?
West Virginia JIC Opinion 1994-19 concluded that the master should stop serving as an officer because bar members appeared in adversary proceedings, even though the association itself did not.
Could a part-time family law master serve on a public library board that did no fundraising?
West Virginia JIC Opinion 1994-17 permitted the trusteeship because the described library board role involved no fundraising.
Could a lawyer continue domestic relations practice while temporarily finishing former family law master cases?
West Virginia JIC Opinion 1994-15 allowed the practice during the narrow temporary appointment, while reserving reconsideration if the appointment or duties changed.
Could a new circuit judge remain on a legal services board and a juvenile justice committee?
West Virginia JIC Opinion 1994-14 concluded that former Canon 4C(3)(a) barred both roles because the organizations were regularly involved in adversary court proceedings.
Is a firm disqualified from suing a person one of its lawyers briefly advised earlier, and how is 'substantially related' determined?
It depends on the trial court's findings. The opinion concluded that under Rule 1.9, the firm is disqualified if the present suit is substantially related to the prior representation or if the…
When a firm bills by the hour, may it charge a new client for legal research it already did and billed to an earlier, unrelated client?
No. The opinion concluded that under an hourly fee agreement, billing a client for reused work product the lawyer did not spend time on is dishonest conduct; the lawyer may bill for time tailoring…
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.