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 former government lawyer in Kentucky disclose information, or testify as a fact or expert witness, about a matter they handled in office?
For a matter the lawyer personally and substantially participated in as a government officer or employee, the lawyer may disclose information or serve as a fact or expert witness only with the…
May a Wyoming district judge apply for an appointed federal executive branch job while serving?
Wyoming JEAC Opinion 2021-01 permits the judge to apply without resigning. If selected, the judge must resign from the district court before the federal appointment.
Can a New Hampshire municipal lawyer who advised a Planning Board on interpreting a zoning ordinance also advise the Zoning Board of Adjustment when the same matter is appealed?
The Committee could not reach consensus, with members split on whether advising both boards creates a conflict under Rules 1.7 and 1.9; it concludes that because conflict analysis is fact-intensive…
May a Connecticut patent lawyer use a vendor that advises on USPTO classification while also classifying applications for the USPTO, and is using it required?
The lawyer may use the described service if unaware that it breaches the vendor's USPTO obligations. The Rules do not require pursuing every possible advantage, but the opinion encourages disclosure…
Can a Pennsylvania lawyer use medical marijuana without risking their law license?
Yes, by itself. The opinion concludes that obtaining and using medical marijuana in conformance with Pennsylvania's Medical Marijuana Act should not, on its own, violate the Rules of Professional…
If opposing counsel copies their own client on an email to me, can I 'reply all' to the client without violating the no-contact rule?
The Committee concludes a lawyer who includes the client in the 'to' or 'cc' line of a group email to opposing counsel is deemed to have impliedly consented to a 'reply all' that reaches the client,…
Do the ethics rules let a lawyer practice virtually with no physical office, and what does the lawyer have to do to comply?
Yes. The opinion concludes the Model Rules permit virtual practice, with no requirement of a brick-and-mortar office, but a lawyer practicing virtually must still meet the duties of competence,…
May a Maryland judge tell other judges that a charity has begun producing handmade judicial robes?
Maryland Judicial Ethics Opinion 2021-03 permits tailored information to court media staff and judges, especially those who asked, while strongly discouraging broader outreach and social media…
May a judge serve without a vote on a drug-recognition expert committee focused on impaired-driving enforcement?
The committee concluded that the judge's membership would create an appearance of predisposition toward drug-recognition experts and law enforcement in impaired-driving cases, even without a vote.
May a judge discuss a pending case privately with its mediator before or after mediation?
The committee said a judge may not privately discuss the case's substance with the mediator. The mediator may report whether mediation succeeded, but settlement terms remain confidential except as…
Can a law firm pay a former lawyer their agreed share of fees on cases they worked on after that lawyer leaves to take public office?
Yes, subject to any governing law. The opinion concludes that paying a departed lawyer a fee share for work performed at the firm is a permitted separation-agreement payment under Rule 1.5(h), not a…
May a sitting judge apply to become U.S. Attorney, and when must the judge resign?
West Virginia JIC Opinion 2021-04 permits a judge to apply for U.S. Attorney without resigning, but says the judge must resign immediately upon nomination.
What response did the committee recommend after a child support hearing officer exchanged ex parte emails with agency lawyers?
For substantive emails, the committee recommended notifying parties of the communications and their option to request a new hearing. It separately called for review of scheduling emails and…
Can a municipal judge serve on the board of a nonprofit that provides services to the judge's court under a grant contract with the court's funding authority?
The opinion concludes a judge may not serve as a member or officer of a nonprofit board when the nonprofit provides services to the court under a contract with the court's funding authority. The…
What does 'materially adverse' mean for conflicts with a former or prospective client, and does economic competition count?
The opinion concludes that 'materially adverse' under Rules 1.9 and 1.18 is broader than direct adverseness: it covers suing or negotiating against a former client, attacking the lawyer's own prior…
If a court, the prosecutor, or a clerk makes a mistake that benefits a criminal defense client, must the lawyer correct it?
The opinion concludes that a lawyer who learns of an error by the court, opposing counsel, or a third party that benefits the client, and which the lawyer had no role in causing, is not required to…
If a D.C. lawyer is asked to help one client respond to a third-party subpoena that seeks information about another of the lawyer's clients, is that a conflict of interest?
The opinion concludes that representing a client in responding to a third-party subpoena for information about another current client is not a conflict unless the lawyer knows, after reasonable…
Can an Oregon law firm give a law school graduate awaiting bar admission the work of a first-year associate?
Yes. The opinion concludes a firm may give an unadmitted law graduate the work it would give a first-year associate, including research, drafting, and witness interviews, if a licensed lawyer…
Can an Oregon probate lawyer take fees from estate funds before a court approves them?
No from estate funds without a court order, qualified. The opinion concludes taking fees from estate assets before court approval is an illegal fee under RPC 1.5(a) and ORS 116.183, but the lawyer…
Can an Oregon lawyer mail flyers and cold-call or email potential clients to solicit them for a lawsuit?
The opinion concludes a lawyer may mail truthful flyers to potential clients and may make a first cold call, but may not solicit a person who has told the lawyer not to contact them again; emailing…
What ethical duties apply to a Wisconsin lawyer who works remotely or from outside the state?
The opinion concludes that working remotely does not change a lawyer's core duties of competence, diligence, communication, and confidentiality, but heightens the need for technological competence,…
May a magistrate who is also an ordained minister perform weddings at the courthouse?
West Virginia JIC Opinion 2021-03 says the magistrate must stop performing weddings on courthouse property because the authority comes only from the magistrate’s ordination as a minister.
What may a judge do after receiving third-party Facebook posts about a defendant after sentencing?
West Virginia JIC Opinion 2021-02 says the judge should not review the posts, should refer the ex parte communication to both counsel, and should not contact Corrections about unverified posts.
May a departing Connecticut partner take active client files or former clients' original wills when the clients have not consented to transfer?
Not automatically. Client silence does not consent to transferring an active file, and original wills generally remain with the firm unless the client's reasonable expectations support transfer and…
Must a judge recuse after learning that a witness may be a former government colleague?
The committee found no disqualification on the stated facts: the judge had not worked closely with the witness, had no contact for nearly ten years, and reported no bias toward the defendant. It…
What must a North Carolina settlement lawyer do to guard against wire fraud, and is the lawyer responsible when a client wires closing funds to a fraudster?
A lawyer who serves as a settlement agent must educate himself and staff about real estate wire fraud, implement reasonable safeguards, and clearly communicate the risks and safe transfer…
Can a North Carolina lawyer advance a client's share of settlement proceeds before the settlement check clears the lawyer's trust account?
Not while litigation is pending or contemplated; Rule 1.8(e)(1) bars financial assistance to a client in connection with litigation other than court costs and expenses. Once the matter is no longer…
Can a law firm keep a founding partner's name in the firm name after that partner leaves to take a nonlegal job or becomes Of Counsel?
Yes. The opinion concludes that there has never been a per se bar to keeping a former partner's name in the firm name; a firm may keep it when the partner leaves for nonlegal work or becomes Of…
Can an assistant county attorney moonlight as a paid consultant for the software vendor whose contract with the county the lawyer helped negotiate and implement?
Not unless law expressly allows it. The opinion concludes that Rule 1.11(d)(2) bars the lawyer from negotiating private employment with a vendor party to a matter the lawyer handles, and the…
Can a criminal defense firm sign a retainer that limits its work to the pretrial stage and requires the client to hire separate counsel for trial?
Only rarely. The opinion concludes that a pretrial-only criminal retainer is permitted under Rule 1.2(c) only if the limit is reasonable, the client gives informed consent, and it does not prejudice…
Can a lawyer reveal confidential information to respond to a client's negative online review?
No. The opinion concludes a negative online review, by itself, does not trigger the self-defense exception in Rule 1.6(b)(5), and a public online response that reveals or could lead to client…
When a court-assigned client insists on pressing a motion the lawyer believes is frivolous, can the lawyer just rest on the client's pro se papers or refuse to go further?
No. The opinion concludes that a lawyer may not advance frivolous arguments under Rule 3.1(a); the lawyer may present any non-frivolous arguments, may seek leave to withdraw if the client insists on…
Can a lawyer pay to join an online matching service that picks 'the best traffic lawyer' for a client and vouches for that lawyer's track record?
No. The opinion concludes that a service that vouches for a lawyer's credentials and recommends the lawyer as the 'best' or 'right' choice is making a prohibited recommendation, so the lawyer's…
If appointed magistrate, may a pastor continue serving a small church?
West Virginia JIC Opinion 2021-01 permits continued pastoral service, with judicial duties taking priority, ministry kept away from the bench and courthouse, and Administrative Director approval for…
When a county defunds its public defender's office, can the office hand its open and closed client files to the county's assigned counsel program?
No, not without client consent. The opinion concludes that the assigned counsel program is not a lawyer or law firm, so the office may deliver open files only to the client or successor counsel and…
When may a Virginia lawyer communicate directly with a person who is represented by another lawyer?
Only with that lawyer's consent or when authorized by law. Rule 4.2 is a bright-line rule that applies even if the represented person starts the conversation, but it reaches only communications…
Can a Wisconsin lawyer threaten criminal prosecution or a disciplinary grievance to gain leverage in a civil matter?
The opinion concludes that no rule bars threatening criminal prosecution to gain an advantage in a related civil matter, so long as the lawyer has a good-faith belief that both the civil claim and…
Is it a conflict of interest for a D.C. lawyer to subpoena or cross-examine a person who is also the lawyer's current or former client?
The opinion concludes that subpoenaing or cross-examining a current or former client is not a per se conflict; a conflict arises only if the client objects (or would foreseeably object) to…
May a child-support hearing officer hire a court monitor who formerly worked for the Child Support Enforcement Division?
The committee found no general obstacle where the applicant’s former work was nonsubstantive and the new role would not be adjudicative. It said she should not monitor cases involving parties she…
Can an Illinois lawyer share fees with and pay a referral fee to an out-of-state lawyer who refers a personal-injury case?
Yes. An Illinois lawyer may enter a fee-sharing agreement with, and pay a referral fee to, an out-of-state referring lawyer in a personal-injury matter, so long as the agreement complies with…
Can a firm that is suing a company in one matter also take that company's referrals to represent its employees in unrelated immigration cases?
Only if the firm can satisfy Rule 1.7 and obtains informed consent from all affected clients. The unrelated-but-adverse posture creates a Rule 1.7(a)(2) conflict that is waivable only if the firm…
After a client dies, who can a lawyer give the estate-planning file to: the named executor, the spouse, the disinherited children?
The lawyer may give the named fiduciary the executed documents and file portions needed to carry out the plan (implied consent), may give a beneficiary limited information to enforce her rights or…
Can a lawyer pay an annual fee to a company so the lawyer is listed as an 'identified' service provider on a bank's loan-closing forms?
Yes. The bank-form listing only gives contact information and is closer to a paid directory listing than a recommendation, so the annual fee fits Rule 7.2(c)(1)'s exception for the reasonable costs…
Can a lawyer represent a surviving spouse both as estate administrator and individually in renouncing the will and claiming a spousal award?
Only with informed consent. A concurrent conflict exists under Rule 1.7(a)(2) because the spouse's individual claims are adverse to the beneficiaries the spouse owes fiduciary duties to; it is…
Can a lawyer serve as a mediator or other neutral in a divorce or family matter where one party is unrepresented and there may be a risk of domestic abuse?
Yes, subject to important considerations. The committee concluded a lawyer may act as a third-party neutral in a domestic relations matter with an unrepresented party even where domestic abuse may…
When a criminal defendant misses a hearing because they are civilly committed in a hospital, can the defense lawyer tell the court about the commitment without violating confidentiality?
Qualified. The committee concluded that a defense lawyer may disclose a client's civil commitment only on a recognized basis: the client's express or implied informed consent under RPC 1.6(a), a…
Could an Illinois judge use a public courthouse event photograph with robed judicial colleagues in campaign literature?
Yes. The Committee allowed the unstaged photograph because its use did not reasonably imply that the noncandidate colleagues endorsed the judge.
Could an Illinois judicial candidate answer questionnaires about controversial moral, legal or political issues?
Yes. The Committee allowed responses that stated views but did not commit, or appear to commit, the candidate to decide likely cases or issues in a particular way.
How should a California lawyer represent a client whose decision-making capacity may be impaired, and when may the lawyer take protective action?
The opinion concludes that the lawyer should preserve a normal lawyer-client relationship insofar as possible; that informed, disinterested judgments about capacity will not be treated as unethical…
When a California lawyer or law-firm colleague has a mental impairment affecting their practice, what do that lawyer, their subordinates, and their supervisors have to do?
An impairment does not excuse the impaired lawyer from any duty. It triggers parallel duties for that lawyer's subordinates, supervisors, and other colleagues who know of the conduct, including…
What duties does a California lawyer owe to a prospective client who shared confidential information during an interview that did not result in representation?
Per California Formal Opinion 2021-205, the interviewing lawyer owes a prospective client the same duty of confidentiality owed to a current or former client. If the lawyer received confidential…
When must a magistrate resign after applying for appointment to a circuit clerk vacancy?
West Virginia JIC Opinion 2021-15 permits applying while serving, but requires resignation when the application becomes public or on accepting the job, whichever comes first.
May a Missouri lawyer practice from a virtual office without maintaining a physical office?
Yes. A physical office is not required, but the lawyer must provide a mailing address where mail is regularly received and comply with the same competence, diligence, communication, confidentiality,…
What must a judge disclose when oil and gas cases may affect the judge’s holdings?
West Virginia JIC Opinion 2021-12 directs disclosure of the judge’s oil and gas interests in all future oil and gas cases and application of Trial Court Rule 17.01 et seq. when relevant;…
May a Missouri lawyer give a second opinion to someone represented by another lawyer in the same matter without that lawyer's consent?
Yes. Rule 4-4.2 does not bar communication with a represented person who independently seeks advice from a lawyer not otherwise representing a client in the matter. The consultation creates…
Can a Pennsylvania lawyer work remotely from a state where they are not licensed?
Yes. Adopting ABA Formal Opinion 495, the opinion concludes a Pennsylvania-licensed lawyer may practice Pennsylvania law for Pennsylvania clients while physically located in a state where the lawyer…
May a Missouri-licensed lawyer registered as a Category 3 nonresident member practice law in Missouri?
Only after changing from Category 3 to Category 1 with the Clerk of the Court and paying the balance of the full annual enrollment fee. Rule 9.01 otherwise permits an active nonresident member in…
Did an unsolicited substantive email from a litigant require an Illinois judge to recuse?
Generally no, if the judge ended the ex parte contact, disregarded its contents and promptly disclosed it to the parties; other circumstances showing bias could require recusal.
Must a Missouri lawyer report a client's account that a judge made off-record statements showing partiality?
Only if the lawyer knows the judge made statements that violate the judicial-conduct rules; without knowledge, Rule 4-8.3(b) imposes no duty. Client consent is required before a report discloses…
Must a Missouri lawyer report opposing counsel's gender- and national-origin-related derogatory remark?
Reporting is required if the lawyer knows the remark violates Rule 4-8.4(g) and raises a substantial question about the other lawyer's honesty, trustworthiness, or fitness. Client consent is…
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.