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 deputy county attorney later represent a county employee suing the county over earlier grievances handled by that office?
Yes, qualified. The opinion concluded a former deputy county attorney may take the case if it is a distinct matter or he did not personally and substantially participate in the prior grievances, and…
After being discharged, does a lawyer have to tell a former client about disciplinary action against the successor lawyer who handled a low settlement?
No; a discharged lawyer has no ongoing duty to counsel or warn a former client about successor counsel's discipline, though the lawyer may voluntarily share the information if doing so does not…
Can independent Michigan law firms that work together use joint letterhead, call themselves 'affiliated,' and refer conflicted clients to each other?
The opinion concluded that lawyers who are not actually in the same firm may not use joint letterhead, even with a disclaimer; they may advertise jointly only if the advertising clearly shows they…
Must a judge recuse when the circuit clerk will testify about grand jury procedures and the judge has judicial knowledge of those procedures?
Opinion 94-519 finds no recusal required from the clerk’s role as witness or the judge’s knowledge gained through judicial duties, while recognizing that an extraordinary relationship or actual…
Did the Chief Justice’s administrative involvement in separate litigation require recusal from an appeal involving the Attorney General?
Opinion 94-521 found no basis for recusal because the appeal and separate federal election litigation were unrelated and the Attorney General represented him no more than any other appellate judge…
When must a judge recuse if a lawyer appearing before the judge runs against the judge for reelection?
Opinion 94-520 calls for recusal when the opponent first appears after announcing candidacy, but finds no automatic recusal when counsel in an existing case later announces a campaign.
May a judge accept donated or loaned computer equipment from a lawyer or litigant?
Opinion 94-518 says a gift or loan to a judge from someone currently appearing before that judge should not be accepted; a past donor’s later appearance alone does not automatically disqualify the judge.
Must a judge recuse from post-conviction proceedings because a former law partner prosecuted the criminal case as a part-time assistant district attorney?
Opinion 94-517 finds no automatic recusal where the former partner prosecuted in an individual government role outside the firm, but requires recusal if the judge participated or discussed the case…
Must a judge continue to recuse when former counsel in a completed Judicial Inquiry Commission matter appears?
Opinion 94-516 says disqualification ends when the Commission matter and representation end, absent extraordinary circumstances, and no disclosure of that past disqualification is required.
Can a Maine lawyer finance the payment of legal fees through a third-party finance company by assigning the client's account receivable?
The opinion concluded yes; the Lawcard financing arrangement is permitted under the credit-card-payment rule, provided the client keeps all defenses against the agency, the right to fee arbitration,…
Could a discharged lawyer disclose a client's last known address in a withdrawal motion despite the client's confidentiality instruction?
Assuming the address was confidential, the committee said disclosure required by North Dakota Rule of Court 11.2(b) did not violate conduct Rule 1.6, where no substitute counsel had appeared. The…
Could a lawyer represent a wife in divorce after the firm had drafted her husband's father's will and trust?
The committee said the husband was not the firm's client merely because he was trustee under his father's will or had requested files. Representation of the wife did not violate the rules so long as…
I represent a therapist and several of the therapist's patients suing a doctor who secretly taped the sessions. If the therapist is compelled to reveal the patients' privileged information, must I withdraw from the patients?
The Panel agreed the attorney should withdraw from representing the patients, at which point they become former clients under Rule 1.9; the attorney may keep representing the therapist only if the…
As an assistant town solicitor, I want to offer my breathalyzer-refusal prosecution services to other towns. Can I pitch police chiefs or solicitors directly, and can I mail the offer to each town's solicitor?
The Panel concluded that under Rule 7.3(a) the attorney may not solicit prospective clients in person when the motive is pecuniary gain, so a direct solicitation to town police chiefs is improper,…
I sued for an insurer to cut off a claimant's workers' comp benefits and confirmed he runs a home business, but that same claimant is now my firm's client for that business. I'll withdraw from both, but must I report the fraud?
The Panel agreed the attorney should withdraw from both representations under Rule 1.17 because of a Rule 1.7 conflict, and concluded that under Rule 1.6, with no exception applicable, the attorney…
For years I represented a bank that is now in receivership. A board member wants me to represent him personally in a matter the receiver has brought against the bank. Can I take it?
The Panel concluded that a substantial relationship exists between the past representation of the lending institution and the board member's matter, so under Rule 1.9(a) the attorney needs the…
My subcontractor client dealt directly with the homeowner, who twice met with me about the construction problems, once alone. Now I'm collecting for my client against the homeowner. Do those contacts create a conflict?
The Panel concluded that Rule 1.9(a) governed and that the attorney may represent Client A only if he complies with it: because the matters are the same or substantially related and Client A's…
I represented the lender and the buyer in a real estate closing, and another lawyer tracing funds paid to the seller has subpoenaed my file. Do I owe the seller confidentiality, and can I turn over cancelled checks and loan documents?
The Panel concluded the attorney had no confidential relationship with the seller because the clients were the lender and the purchaser, and that under Rule 1.6 the attorney may supply the requested…
Five of us share office space with separate practices. Can we title the office by our last names and use stationery reading 'An Association of Independent Attorneys' while keeping separate accounts and malpractice insurance?
The Panel concluded that lawyers may either be a law firm or share office space, but not both, and that titling the office by the lawyers' last names or using 'An Association of Independent…
Could an Illinois judge who was not a candidate contribute to another judge’s campaign?
Yes. The Committee allowed a contribution to the candidate’s finance committee as a political organization under former Rule 67B(1)(a)(iii).
Could an Illinois judge running for higher office publish a newspaper essay favoring gun control?
Yes, on the stated facts. The Committee said the general gun-control essay, which affirmed impartiality, did not commit the judge on likely cases under the amended former Rule 67.
Could an Illinois judge accept a pen set from the chief judge at a public ceremony recognizing law-related service?
Yes. The Committee applied former Rule 65C(4)(a)’s public-testimonial gift provision to the $162 pen set.
Can a former in-house lawyer sue a former employer for discrimination and help prepare a class action against it?
The opinion concluded a former in-house lawyer may pursue his own discrimination claims against the former employer and help prepare a class action, but may not use or reveal the employer's…
May a judge provide a confidential reference for a lawyer seeking professional certification?
The Committee allowed the judge to serve as a confidential reference for trial advocacy certification, provided the evaluation did not imply a judicial endorsement of the lawyer.
Can a lawyer use actors to dramatize real client testimonials, or use made-up clients and testimonials, in radio or TV ads?
The opinion concluded a lawyer may use actors to dramatize an actual client's testimonial (with the client's consent and clear disclaimers) and may use fictional situations without testimonials, but…
Can a part-time prosecutor in private civil practice send a letter threatening law-enforcement action to gain an advantage for a private client?
No. The opinion concluded that a letter warning the recipient that the lawyer would otherwise seek assistance through law enforcement and legal avenues was a threat, and because the lawyer had told…
May a judge publicly take a position on a proposed amendment changing judicial elections and terms?
The Committee said the judge could take a public stand because the proposed amendment to judicial elections and terms directly concerned the legal system and administration of justice.
May a judge speak at a church banquet when ticket proceeds will fund scholarships after expenses?
The Committee concluded that the judge could not be the speaker at the described scholarship fundraiser; a concurrence said the result depended on whether proceeds exceeded actual event costs.
Can a lawyer put a broad arbitration clause in a retainer agreement covering any dispute with the client, including malpractice?
Not if it circumvents the ethics rules; the clause cannot deny the client independent advice, bar reporting misconduct to the grievance commission, prospectively limit malpractice liability without…
May an Oklahoma lawyer record a conversation without telling the other people that it is being recorded?
Usually yes. The committee concluded that a lawyer who is a party to a conversation may record it without the other parties' consent, declining to follow ABA Formal Opinion 337's blanket ban; secret…
Can a lawyer who serves on the bar's Lawyers and Judges Assistance Committee represent another lawyer, or that lawyer's family, in a court proceeding to commit the lawyer for alcohol or drug abuse?
The opinion concluded that a member of the Lawyers and Judges Assistance Committee may not represent another attorney as a respondent in an alcohol or drug-abuse commitment proceeding, and may not…
Can a law firm that is the exclusive Mississippi provider for a for-profit prepaid legal plan let the plan's sales agents pitch memberships to individuals and families in person?
The opinion concluded that although Rule 7.2(c) lets a prepaid legal services plan advertise the firm's services, the plan's use of agents to make in-person sales contacts with prospective clients…
Can a lawyer interview a former employee of an opposing organization that is represented by counsel, without first getting that counsel's consent?
The opinion concluded that no former employees of a represented organization are off-limits under Rule 4.2 (unless individually represented in the matter), but the interviewing lawyer must observe…
Can a lawyer review and approve living-trust documents that a non-lawyer company prepared and sold to a customer, when the company hired and pays the lawyer?
The opinion concludes that a non-lawyer who drafts and sells tailored living-trust documents is engaged in the unauthorized practice of law, that a lawyer may not assist that seller under Rule 5.5,…
Can a lawyer represent a bar applicant in character and fitness proceedings when a colleague at the firm sits on the character and fitness committee?
The opinion concluded that no member of a law firm may represent a private client in character and fitness proceedings when another lawyer in the firm serves on the State Bar Standing Committee on…
Can a lawyer on salary at a non-lawyer-owned company draft estate-planning documents for the company's customers, and can he have nonlawyers gather the client information?
The Committee concluded a salaried lawyer may prepare estate planning documents for a nonlawyer-owned corporation's customers only if the corporation receives no payment, markup, commission, or…
Can a law firm hand a collection agency the client's name, bills, fee agreement, and file to collect unpaid legal fees?
The Committee concluded that a lawyer may not disclose confidential client information to an independent collection agency to collect fees unless the client consents after consultation. Most fee and…
Can Texas lawyers organize their law practice as a Texas limited liability company?
The Committee concluded they can. It found no provision in the Texas Disciplinary Rules of Professional Conduct that would prohibit two or more attorneys from practicing law as a limited liability…
Can a Texas lawyer charge a contingent fee to collect past-due child support, and use a power of attorney and escrow account for the recovered money?
The Committee concluded a contingent fee is permissible. Comment 9's concern that contingent fees in divorce discourage reconciliation does not apply because the parties are already divorced, so a…
In Kentucky, does a lawyer violate Rule 4.2 when the lawyer's own client talks to the opposing party, and must a divorce mediator check whether participants have counsel?
A lawyer does not necessarily violate Rule 4.2 simply because the client contacts the opposing party, but the lawyer may not use the client to circumvent the rule; and a divorce mediator should…
In Kentucky, may a lawyer charge a contingent fee in a divorce case, in a property-settlement dispute, or to collect arrearages or newly discovered assets?
No contingent fee is allowed in a divorce case or in its property-settlement issues under Rule 1.5(d)(1), but a reasonable contingent fee may be charged to recover liquidated arrearages capable of…
Could a family law master continue serving while running for county commissioner?
West Virginia JIC Opinion 1994-06 concluded that county commissioner was a nonjudicial office and the master had to withdraw the candidacy or resign immediately.
Could a judge appoint a nephew by marriage as defense counsel or hear cases where the nephew appeared?
West Virginia JIC Opinion 1994-05 barred the judge from appointing the nephew in any matter and from sitting in proceedings where he acted as lawyer.
What could a magistrate do during a spouse’s prosecutor campaign, and what if the spouse won?
West Virginia JIC Opinion 1994-04 allowed attendance at campaign events but barred active campaign work; if the spouse became prosecutor, it required recusal from all criminal cases and related…
Could a judge speak to the county commission in support of a courthouse annex proposal?
West Virginia JIC Opinion 1994-03 permitted the judge to address the county commission about court-system needs and the administration of justice.
Could a bar association collect law-firm contributions to buy office equipment for a circuit court?
West Virginia JIC Opinion 1994-01 found no Code violation on the described facts but suggested keeping contributors’ names from the circuit judges.
Can a Nevada lawyer advertise more than three areas of practice?
The Committee concluded that SCR 198 prohibits advertising more than three designated fields of practice, and that listing more areas violates the rule unless the listing does not imply special…
I represent a nonprofit association and have done work for some of its members. May I send each member a letter offering my estate-planning services, or must that letter comply with the solicitation rules under Rule 7.3?
The Panel concluded that because the attorney had a professional relationship with the association but not with each individual member, letters offering services to members are solicitations for…
I took an elderly client pro bono through a volunteer project, and now spending down assets for Medicaid is in play. Can I pay myself for my past services out of those assets even though the work was pro bono?
The Panel concluded that under Rule 1.14, because the client is under a disability, a guardian or conservator should be appointed to determine whether the attorney's proposal to compensate himself…
Years ago I drafted a will for Y and a trust for Y's spouse. Now the trust company (my client) is being sued by Y and a remainderman over the trust's investments. Can I defend the trust company against Y?
The Panel concluded that because preparing Y's will was not the same or substantially related to the investment suit, the attorney may represent the trust company against Y and Z, but under Rule…
Do the ethics rules require me to keep closed client files for a set number of years, and do they dictate how I must destroy those records?
The Panel concluded that the Rules of Professional Conduct do not address a file-retention period, but pointed to R.I.G.L. section 8-14-2, which lets an attorney destroy records seven years after a…
A former personal-injury client is now suing me over a car accident we were both in, claiming injuries like the ones from the old case. What can I do with the confidential information from my earlier representation?
The Panel concluded that under Rule 1.9(b) the attorney may not use or reveal information obtained in the former representation to the former client's disadvantage, unless that information has…
My firm wants to refer overdue client accounts to a collection agency, giving it each debtor's name, address, and the amount owed. Do the confidentiality rules allow that?
The Panel concluded that the debtor clients' identity and the amount due may be revealed to a collection agency under Rule 1.6(b)(2), because doing so establishes a claim on behalf of the law firm.
I represented both X and Y, and Y (using a power of attorney I drafted) cashed X's settlement check and kept a third. I've withdrawn from representing Y. May I keep representing X?
The Panel concluded the attorney was not ethically prohibited from continuing to represent X, but that if X sought to assert rights against Y for the money Y withheld, the attorney could not…
My clients unreasonably refused a settlement I recommended, then fired me and hired new counsel. Can I claim an attorney's lien equal to my contingent percentage of the offers they turned down?
The Panel advised that, per General Informational Opinion #4, the proper measure of recovery for a discharged lawyer is the reasonable value of services performed before discharge, not the…
Could a D.C. judge attend a specialty bar association's event?
D.C. Judicial Conduct Opinion No. 4 permitted attendance at a specialty bar event if it would not reasonably appear to promote the host's policy goals or litigation positions. It identified the…
Can a lawyer take collections work from a child-support collection agency that keeps a percentage of what is collected, and represent the custodial parent the agency refers?
The opinion concluded a lawyer may represent the agency (and the custodial parent) and may be paid by the agency, but may never split a legal fee with the nonlawyer agency or pay it for soliciting…
May a judge publicly support or oppose a sales-tax measure funding a new courthouse and jail?
The Committee said the Code permitted the judge to take a public stand and join a committee for the courthouse tax measure, subject to limits on the committee’s fundraising.
Can an Ohio lawyer who also holds another professional degree or license advertise both, and where?
The opinion concluded that a lawyer may indicate a law degree in advertising another profession, and may indicate other degrees or licenses in advertising the law practice, but under DR 2-102(E) a…
Can a part-time county court judge, or the judge's firm, practice law in the county court where the judge sits by assignment?
The opinion concluded that a part-time county court judge may not practice law in the county court where the judge sits by assignment until the assignment ends, and neither may the judge's partners…
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.