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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Does a conversation with another judge about a related case require recusal?
Opinion 93-503 requires recusal only if the conversation or another court’s order supplied a disputed evidentiary fact that would influence the judge’s view of the case’s merits; Opinion 94-523…
May a judge serve on the board of a community corrections program?
Opinion 93-502 permits board service for a program offering community-service placements in lieu of jail, subject to judicial duties and available time.
Is a judge disqualified because a litigant works as a paralegal at the firm representing the judge’s family partnership?
Opinion 93-501 says the paralegal’s employment at that firm alone does not disqualify the judge on the facts described.
Could a juvenile-court judge sit on the board of a nonprofit that operated a state-contracted juvenile program?
The Committee concluded that the described nonprofit board service was permitted, subject to fundraising limits and withdrawal if the organization was likely to appear before the judge.
May a juvenile judge serve on the Nebraska Commission for the Protection of Children?
The Committee found no Code bar if service did not violate constitutional separation of powers, a legal question it declined to decide. It called for continuing review of the commission’s work.
What does a lawyer do with documents a client hands over that may actually belong to the client's former employer?
The opinion concluded that a lawyer should return documents to the client, on request, where the client has a plausible claim to own them. For documents the client has no claim to, the lawyer should…
Can a law firm's partnership agreement delay paying out a departing partner's capital account if the partner keeps practicing law in the same area?
The opinion concluded that a partnership agreement that delays paying a withdrawn partner's capital-account funds for up to five years if the partner practices law in the Washington area violates…
Could an Illinois judge recommend a candidate for appointment as a federal judge?
Yes. The Committee allowed a reference or recommendation grounded in the judge’s personal knowledge and also permitted cooperation with judicial selection bodies.
May an Illinois judge serve on a committee supporting a lawyer's candidacy for bar association office?
Yes. The Committee said a judge may serve on such a committee because the candidate's bar service advances the legal system, while distinguishing private organizations and fundraising.
Could an Illinois trial judge lead a prison ministry that also campaigned against the death penalty?
No. The Committee said the proposed presidency could involve litigation before the judge and anti-death-penalty advocacy that raised doubts about judicial impartiality.
Could an Illinois judge accept free use of a condominium from a lawyer or a person unlikely to appear in court?
The Committee barred free use from a lawyer whose firm appeared before the judge, but allowed it from a nonlawyer with no past, pending, or likely case before the judge, with economic-interest reporting.
Could an Illinois judge serve as president of a nonprofit board whose charity did not seek the judge’s fundraising help?
Yes, subject to former Rule 65B’s limits. The Committee specifically flagged possible use of the judge’s name on fundraising letterhead for review.
Could an Illinois judge speak or be honored at a group’s dinner that was not a fundraiser?
The Committee found no categorical bar, but said the judge’s role depended on the group’s litigation activity, positions, and effect on apparent independence and impartiality.
Could a college include an advisory-board list naming an Illinois judge in the same packet as a fundraising appeal?
Yes. The Committee allowed the board-member literature in the packet where the judge’s name was not directly used to solicit funds.
Could an Illinois judge ask the full Judicial Ethics Committee about recusal in a pending case?
No. The Committee said the judge could consult a judge facilitator, but advice from the full committee would involve nonjudge members and violate the former ex parte communication rule.
Did an Illinois judge have to report, disclose, or recuse after cutting off a lawyer’s attempted case discussion?
No. On the stated facts, the Committee found the judge’s prompt stop sufficient and said no ARDC report, disclosure, recusal, or reassignment was required.
If a lawyer's nonlawyer staff member discloses a client's confidences to outsiders, can the lawyer or the firm's partners be disciplined for it?
The opinion concluded a lawyer is not automatically disciplined; the lawyer or supervising partners are subject to discipline only if they failed to exercise reasonable care to train, monitor, and…
Does a California lawyer violate Rule 1-400(C) by knowingly using a private investigator to contact prospective clients and refer them to the lawyer, even when the lawyer does not pay the investigator for the referrals?
The opinion concluded that the knowing use by an attorney of a private investigator to personally contact prospective clients and refer them to the attorney constitutes unethical solicitation in…
Can a lawyer have a client hand a settlement offer directly to a represented opposing party in Michigan?
The opinion concluded that a lawyer may not instruct a client to tender a settlement offer directly to a represented opposing party without that party's counsel's consent, because MRPC 4.2 and…
Must a lawyer appointed as a ward's next friend withdraw when the ward sues the lawyer for conspiracy?
The opinion concluded that a lawyer appointed as next friend is not per se required to withdraw merely because the ward files suit against the lawyer; the appointing judge decides whether withdrawal…
Can a prosecutor make a plea deal conditional on the defendant's appointed or pro bono lawyer waiving their attorney's fees?
No. Georgia FAO 93-3 concluded it is unethical for a prosecutor to condition a plea agreement on appointed or pro bono defense counsel waiving any claim for attorney's fees, because it creates a…
Could a judge hear civil cases against a person prosecuted during the judge’s earlier prosecutor service?
West Virginia JIC Opinion 1993-20 concluded that the judge should not preside in the two described civil cases under former Canon 3E(1)(b).
Can I charge nonclient adversaries a court-equivalent fee for photocopies of nonconfidential public-record documents produced on behalf of my clients?
The Panel perceives no violation of the Rules of Professional Conduct in the attorney's proposed conduct -- charging nonclient adversaries a fee equivalent to a court's charge for photocopies of…
My partner is counsel to a town's water supply board. Can either of us represent private clients before that town's zoning board of review?
The Panel concludes that because the attorney's client-lawyer relationship is only with the water supply board -- not the zoning board or the municipality -- and the agencies are not interconnected,…
I am a lawyer and a certified public accountant. Can I list 'CPA' in my advertising, on my letterhead, and on my business cards?
The Panel concludes the attorney may designate 'CPA' in advertising and on letterheads, because Rules 7.1, 7.5, and 7.4 do not prohibit indicating that a lawyer is also qualified in another field…
I defended a client in a DUI case that ended in a plea. Can I now represent the tavern in the related civil suit arising from the same facts?
The Panel concludes a substantial relationship exists between the prior criminal defense and the tavern's civil case, so under Rule 1.9(a) the attorney must obtain the former client's consent before…
My contingent-fee personal injury case was dismissed for the client's discovery failures. Can I now bill the client hourly instead?
The Panel declines to condone the attorney's attempt to avoid or restate the terms of the contingent fee agreement at this late date, and, noting Rule 1.5(c) requires a contingent fee agreement to…
I represented one spouse in a divorce five years ago. Can I now represent the other spouse in a child-support case against my former client?
The Panel concludes that because the matters are the same or substantially related and the new client's interests are materially adverse to the former client's, Rule 1.9 bars the representation…
Can I print 'Wills, Trusts and Probate' on my business cards in Rhode Island?
The Panel concludes the words 'Wills, Trusts and Probate' indicate a concentration in those fields, so under Rule 7.4 the business cards must also state that Rhode Island does not have a procedure…
Office-sharing lawyers advertise as 'an association of independent attorneys.' Is that misleading, and are we treated as a firm?
The Panel concludes the 'association of independent attorneys' sign and advertisement do not violate Rules 7.1 or 7.5, but that the lawyers will be regarded as a firm for Rule 1.10…
I represent a mother in a neglect case, and now the grandparents want me to represent them in seeking placement of the children. Can I represent both?
The Panel concludes the attorney may represent both the mother and the grandparents if the attorney reasonably believes representing the grandparents will not adversely affect the relationship with…
I hold settlement funds that both my former client's bank (now in receivership) and I claim. Must I notify the bank, and can I keep the funds for my fees?
The Panel declines to resolve the competing claims but concludes the attorney must notify the financial institution under Rule 1.15(b) that he holds the funds and must deposit all settlement monies…
I am admitted in Rhode Island and Massachusetts and know of a Massachusetts lawyer's violation of Massachusetts rules. Must I report it under Rhode Island's Rule 8.3?
The Panel concludes the inquiring attorney has no duty under Rhode Island Rule 8.3 to report the alleged violation, because the Rhode Island Rules of Professional Conduct have not been violated --…
I am a state legislator and my proposed law partner is counsel paid by the legislature. Can we form a law partnership?
The Panel concludes the proposed formation of a law partnership or association by a legislator-lawyer and a lawyer paid as legislative counsel does not in itself violate the Rules of Professional…
Can I list my LL.M in Taxation on business cards, advertise Spanish-speaking services, and note that I work with a nonlawyer IRS agent?
The Panel concludes a lawyer may state LL.M after the name and, with the required specialization disclaimer, LL.M in Taxation, and may advertise Spanish-speaking services and share office space with…
I am an adjunct professor at a university. Can I represent a full-time faculty member in a tenure lawsuit against the same university?
The Panel concludes the adjunct-attorney may represent the professor in the tenure suit against the institution, provided the attorney informs the client of the attorney's potential responsibilities…
Can a lawyer let clients pay legal fees through a third-party financing program like a credit card (LAWCARD)?
The opinion concluded Alabama lawyers may offer a third-party financing program (LAWCARD) for clients to pay past or future fees, provided the lawyer takes no affirmative role in the credit process,…
When does paying a witness for testimony cross the ethical line, and how is a paid fact witness different from a paid expert?
The opinion says a lay witness may receive a reasonable fee beyond expenses depending on the case and time demands; a contingent fee for an expert is improper. Witness compensation must be…
Can an insurance company use its own salaried in-house lawyers to represent and defend the company's individual insureds?
Vacated. As originally issued, Formal Ethics Opinion 93-F-132 concluded it was improper for in-house attorney employees of an insurance company to represent individual insureds in matters arising…
Can a practicing lawyer who also serves as a mediator or arbitrator list both roles on letterhead, an office sign, or a business card?
Formal Ethics Opinion 93-F-131 concluded that serving as an impartial arbitrator, mediator, or other ADR neutral is not engaging in 'another profession or business' within DR 2-102(E), so a lawyer…
Did Tennessee reconsider its rule that earned fees belong to the lawyer and that nonrefundable retainers are permitted with a clear understanding?
Formal Ethics Opinion 92-F-128(b) denied a request to reconsider 92-F-128(a). The request argued that the opinion lacked Code support, conflicted with the bar on commingling, allowed income…
Could a magistrate remain in the United Mine Workers union while operating an insurance business?
West Virginia JIC Opinion 1993-19 found union membership inappropriate under former Canon 4C(3); it did not separately decide the insurance work if Supreme Court employment approval had been obtained.
Could judicial employees solicit lawyers to fund computers owned by an association and placed in courtrooms?
West Virginia JIC Opinion 1993-18 found that the described solicitation from lawyers by judicial employees was improper under former Canon 4D(5).
Could a judge serve on a juvenile detention center advisory council while hearing juvenile and facility-related cases?
West Virginia JIC Opinion 1993-17 concluded that council service was inappropriate because of juvenile proceedings and possible litigation involving the facility.
Could a judge serve without pay on a police civil service commission?
West Virginia JIC Opinion 1993-16 concluded that the service was inappropriate because the commission’s duties could lead to adversary proceedings.
Did a prosecutor's pretrial statements to newspapers about a murder defendant violate the rule against extrajudicial statements that endanger a fair trial?
The committee declined to decide whether the statements actually created a clear and present danger to a fair trial, calling that a fact-bound legal question beyond its purview; it noted only that…
Can a retired lawyer assign unpaid client accounts receivable to other lawyers for collection?
The opinion concluded a retired lawyer may assign fully earned accounts receivable to other lawyers if the clients are told, client confidences are protected, the fees were reasonable, the assigning…
What should a judge do when counsel belongs to the same firm as the judge’s lawyer-relative?
Opinion 93-500 calls for disclosure of the relationship, a case-specific impartiality assessment, and recusal if the relative has an interest substantially affected by the case; remission differs by…
May a judge provide an affidavit about trial counsel’s performance in a separate malpractice case?
Opinion 93-499 permits a truthful affidavit concerning counsel’s professional performance, while cautioning against using judicial prestige to advance private interests.
May a judge belong to lodges that appear to exclude women from membership?
The Committee declined to decide the unnamed lodges’ membership facts; it said a judge must determine whether exclusions are arbitrary and that membership violates former Canon 2C if the…
May a part-time municipal judge host an annual cookout for local police departments?
Opinion 93-498 rejects the proposed annual police-department cookout because of an appearance of favoritism; Opinion 93-506 later clarifies the distinction between hosting as a prosecutor and…
May a retired judge who occasionally serves on active duty campaign for another judicial candidate?
Opinion 93-497 says Canon 7 applies during the judge’s part-time active service and does not bar participation in another judicial candidate’s campaign, subject to its limits on political influence…
May a robed judge appear silently in a Girl Scouting public service video?
Opinion 93-496 permits the described silent appearance, finding that “Support Girl Scouting” in that video is not a solicitation of funds under Canon 5B(2).
Can a lawyer require a client to advance litigation expenses, and withdraw if the client refuses to be liable for them?
The opinion concluded that a lawyer may not assume ultimate liability for litigation expenses but may ask the client to advance them, and may seek leave to withdraw if the client refuses ultimate…
Can a lawyer contact officials or employees of a government agency that is represented by counsel in the matter?
The opinion concluded that a lawyer may communicate with officials or employees of a represented government entity if the person lacks power to bind the entity, the communication is directed to the…
I am a lawyer and a licensed real estate broker. Can I operate a real estate business out of my law office?
The opinion does not directly prohibit a lawyer from operating a real estate business from the law office, but conditions the practice on compliance with Rule 5.4(b) (no partnership with a nonlawyer…
My criminal client was released from prison to a residential drug program and then left it. Do I have to tell the court?
The Panel concludes the attorney has no duty to disclose that the defendant left the program, because the information is confidential under Rule 1.6(a) and the Rule 3.3 candor duties, which continue…
The debtor's attorney held our lien funds in escrow for about a year without notifying us and only paid after we threatened to enforce. Do we have to report him to the disciplinary board?
The Panel concludes that if the escrow attorney held the funds for roughly a year without prompt notice, that would violate Rule 1.15(b), and if the inquiring attorneys believe his conduct violated…
A non-lawyer friend's out-of-state collection agency wants to send demand letters on my firm's letterhead, handle debtor responses, and split what it collects, with my firm supervising. Is that allowed?
The Panel concludes the arrangement is improper: it would have non-lawyers practice law and would violate Rule 5.4(b) and 5.4 (partnership and fee sharing with a non-lawyer), Rule 5.5 (assisting…
My wife and I are sole practitioners with separate practices, and she is counsel to a state agency director. Can I represent her private client before a state board she has never represented?
The Panel concludes the spouses are not a law firm, so Rule 1.10 imputation does not apply, and Rule 1.8(i) does not disqualify the husband because the wife is not the lawyer representing the…
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.