Legal Ethics Opinions
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Are emails, text messages, and other electronic communications part of a Missouri client's file?
Yes. Emails with the client and about the representation, along with text messages and similar electronic communications, belong in the client file and must be retained under Rule 4-1.22.
May a private Missouri lawyer who represented a state agency in a parental-rights termination later represent the foster parents in the child's adoption?
Rule 4-1.11 does not apply because the contract lawyer was not a government employee. Rule 4-1.9 bars the later adoption representation if the matters are substantially related and materially…
May a Missouri lawyer jointly defend a company and its manager when the company pays both clients' legal fees?
Potentially, if the conflict is consentable, the lawyer reasonably believes both clients can receive competent and diligent representation, and both give informed written consent. The manager must…
Which criminal cases may a newly appointed judge hear after serving as an assistant prosecutor?
West Virginia JIC Opinion 2021-05 bars cases in which the judge participated as prosecutor, requires disclosure for colleagues’ earlier cases, and allows new prosecutor-office matters arising on or…
May a Missouri lawyer keep representing two siblings after a joint partition representation becomes directly adverse?
No. Once the siblings' objectives became directly adverse, the opinion requires withdrawal from all three representations because continuing for either side would violate duties to the others.
May a Missouri lawyer hire an outside shredding company to destroy closed client files?
Yes, after Rule 4-1.22's retention and screening conditions are met. The lawyer must select and supervise the vendor under Rule 4-5.3 so the destruction preserves confidentiality.
May a Missouri lawyer represent a client engaged in conduct authorized by Missouri's medical-cannabis law but potentially prohibited by federal law?
The lawyer must advise the client of any state-federal conflict and may not violate federal law or help the client perform an act that violates federal law. The opinion leaves whether particular…
Could an Illinois judge be a guest of honor at a political party fundraiser?
Under the former Code, the Committee allowed a judge campaigning for judicial office to be a guest of honor during the election period, but forbade a judge who was not a candidate from doing so.
What must a Missouri lawyer do with unearned advance fees when returning them could reveal a confidential divorce consultation?
The lawyer must balance confidentiality with the duty to notify the client and promptly deliver the unearned funds. The opinion says to keep the funds in trust and make reasonable notification…
When an Arizona lawyer holds settlement funds subject to a disputed health care provider lien, what must the lawyer's ER 1.15(f) notice to the lienholder include?
The notice must describe the property and amount, name the client, the tortfeasor, and the tortfeasor's insurer if known, and state the proposed distribution; before the lawyer holds any disputed…
Can a Pennsylvania lawyer ask a client to sign a COVID-19 liability waiver?
Only with informed consent. The opinion concludes that asking a client to waive the right to compensation for COVID-19 exposure creates a personal-interest conflict, so the lawyer may seek the…
Can a lawyer live and work remotely in a state where they are not licensed, while practicing only the law of the state where they are licensed?
Yes, with limits. The opinion concludes a lawyer may practice the law of a jurisdiction where licensed while physically located in a jurisdiction where not admitted, as long as the local…
When an Arizona lawyer withdraws from a case, what duties continue, what confidences can be disclosed, and can the lawyer bill for the withdrawal?
The lawyer must keep protecting the client until withdrawal is complete, disclose confidences only as narrowly as ER 1.6 allows (citing professional considerations to a court rather than the…
Can a lawyer act as a fair housing tester, posing as a renter to gather evidence of housing discrimination, without violating Rule 8.4(c)?
The panel concluded it is not professional misconduct under Rule 8.4(c) for a lawyer to serve as a fair housing tester in covert investigations of housing discrimination, because the testing is a…
May prosecutors in the Attorney General's office release, or advise police to release, body-worn-camera video in response to a public records request?
Yes. The panel concluded it does not violate Rule 3.6 (trial publicity) or Rule 3.8(e) for the Attorney General's office to release, or advise law enforcement to release, body-worn-camera video in…
Can an Ohio lawyer or law firm register and use a service mark like 'The Appeals Pro' in advertising and on letterhead?
The opinion concludes a lawyer or firm may register and use a service mark in communications and advertising, but only in conjunction with the firm's formal legal name and never as a substitute for…
Can a lawyer publicly respond to a false or negative online review posted by a client or prospective client?
The Committee concludes a lawyer may respond to a negative online review by stating disagreement with the reviewer's facts, but may not reveal 'information relating to representation' unless it is…
Can a lawyer donate legal services, such as a will, to a charity auction or silent-auction fundraiser?
The Committee concludes a lawyer may donate specified legal services for a charity fundraiser, overruling Opinion 319; the charity is not 'recommending' the lawyer under RPC 7.2(c) or 7.3(d), so…
When a personal injury client dies and the lawyer must hire separate probate counsel to appoint a representative, can the lawyer charge those probate fees as a disbursement?
Yes, with limits. The opinion concludes that probate counsel's fees may be charged as a disbursement in the personal injury action if they are reasonably incurred to continue that action and are not…
Can a public defender appear before a part-time town justice who also works full-time in the county attorney's office that advises the public defender?
Maybe. The opinion concludes the two offices are not a single law firm on these facts, so Rule 8.4(f) does not bar the appearance, but the public defender may have a Rule 1.7(a)(2) personal conflict…
Can a New York lawyer's health concerns about appearing in court in person during a pandemic create a conflict of interest that requires withdrawal?
A lawyer's serious health concerns about a required in-person court appearance during a public health crisis can be a personal-interest conflict under Rule 1.7(a)(2). Whether one exists is…
Can a retired judge, or the judge's new firm, represent a party in the same easement dispute the judge ruled on a decade earlier?
The opinion concludes the former judge is personally and non-waivably disqualified under Rule 1.12(a) from the same matter, but the firm to which the judge is of counsel may take the representation…
After a D.C. lawyer is fired in a contingent-fee case, can the lawyer tell successor counsel about a charging lien without breaching client confidentiality?
The opinion concludes that a lawyer whose fee is secured by a charging lien on the client's future recovery may notify successor counsel or another likely holder of the funds that the lien exists,…
When can a disciplinary grievance be filed against a New York lawyer for unlawful discrimination in the practice of law under Rule 8.4(g)?
Rule 8.4(g) requires a discrimination claimant to first file in a non-grievance tribunal if the statute of limitations still allows it; the claimant may then file a grievance without exhausting that…
Can an out-of-state lawyer who is not licensed in Nevada act as in-house counsel for a multijurisdictional company doing business in Nevada?
Yes, within limits. The Committee concludes that an out-of-state, non-Nevada-licensed lawyer who is in-house counsel to a multijurisdictional corporation may fall within the Rule 5.5(b)(3) exception…
May a Connecticut public defender pay an indigent client's transportation, lodging, court clothing, or occasional meal expenses?
Yes, for transportation, lodging, and clothing directly related to a court appearance under Rule 1.8(e)(2). The opinion also treats an occasional meal during a lawyer-client meeting as a de minimis…
Must a judge recuse when a stepdaughter working at a child advocacy center is involved in a case?
West Virginia JIC Opinion 2020-27 says the judge is disqualified from matters involving the stepdaughter and must disclose their relationship in other child advocacy center cases.
Can a real estate lawyer take closing referrals from her own paralegal, who is also a broker earning a commission on the deal?
Yes, if the lawyer has no stake in the commission and the referrals do not create a significant risk to her independent judgment under Rule 1.7(a)(2); if such a risk exists she needs informed…
May a Maryland District Court Commissioner work part time as a youth program advocate?
Maryland Judicial Ethics Opinion 2020-20 permits the described part-time youth advocate job after disclosure and Chief Judge approval, where it does not place the Commissioner in court for a child…
May a Maryland judge send a requested character letter for a former employee facing an attorney grievance?
Maryland Judicial Ethics Opinion 2020-22 bars a character letter to the Attorney Grievance Commission without a subpoena because it is tantamount to testimony in an adjudicatory matter and could…
After New York's 2020 amendment to Rule 7.5(b), can a law firm practice under a trade name that contains no lawyer's name, such as an acronym or a street name, or keep a retired partner's name?
Yes. The opinion concludes that the amended Rule 7.5(b) lets a firm practice under a trade name (including an acronym or street-address name) or keep a retired partner's name, as long as the name is…
What client-file materials must an Arizona lawyer keep, how should they store them, and what must they give the client?
A lawyer must retain enough of the file for the client to understand the work done and for a successor lawyer to take over, store it securely and in organized form, and give the client one free copy…
Can an Arizona firm require a departing associate to pay a per-client fee for each former-firm client they keep representing?
No. The opinion concluded that a flat per-client 'reimbursement' fee on a departing associate violates ER 5.6 because it directly interferes with clients' freedom to choose their lawyer,…
Can a law firm refer its clients to a litigation financing company owned by the spouse of a lawyer who is Of Counsel to the firm?
No. The opinion concludes that because the Of Counsel lawyer could not personally advance litigation funding to clients under Rule 1.8(e), he cannot refer clients to his spouse's financing company,…
Can a state's attorney who used to be a public defender prosecute a person they once represented, when the new charge is unrelated to the old case?
Sometimes, but only after a careful Rule 1.9 analysis and safeguards. The committee concluded a prosecutor may handle a case against a former client if the new matter is not the same or…
Is maternity leave a physical condition that requires a lawyer to withdraw from cases, and what must a lawyer do to cover her matters during a 7-month leave?
No. The committee concluded that maternity leave is not a physical condition that materially impairs a lawyer's ability to represent clients and so does not require withdrawal under Rule 1.16(a)(2).…
When a lawyer represents several clients with related cases, when does settling them together count as an aggregate settlement requiring each client's written consent under Rule 1.8(g)?
Grouping separate but related cases for settlement where the terms are interdependent is an aggregate settlement requiring each client's written informed consent (or court approval). Even settling…
May the Supreme Court pass legislative budget funds to a charity whose representatives appear in court?
West Virginia JIC Opinion 2020-26 allows a one-time transfer to correct an inadvertent budget allocation but rejects continued court-budget transfers because they would appear to favor the charity…
Can a lawyer advertise the dollar amounts recovered for clients using client testimonials?
Yes, but only with the client's informed consent. Recovery amounts are confidential client information under Alaska Rule 1.6, even when a judgment is public record, so the lawyer must obtain the…
Can a government lawyer apply for and negotiate a private-sector job with a company that is an adverse party in a matter the lawyer is currently handling for the agency?
No. The opinion concludes that a lawyer currently serving as a government employee may not negotiate for private employment with a party the lawyer is personally and substantially handling a matter…
Can a North Carolina lawyer invest in a litigation-finance fund that advances money to plaintiffs and law firms for a share of recoveries?
No. A lawyer may not invest in a litigation-finance fund where the fund might advance money to the lawyer's firm, the firm's client, or an opposing party, because of a latent Rule 1.7 conflict the…
Can a solo practitioner who is suing his own client for unpaid fees represent his law firm when he is also a necessary witness?
The lawyer-witness rule (Rule 3.7) does not require a solo practitioner who owns the firm and is litigating the firm's own fee claim to find substitute counsel before a court rules on a motion to…
May a judge voluntarily write a support letter for a litigant in a pending case?
West Virginia JIC Opinion 2020-25 says a judge may not voluntarily write a support letter for a litigant in a pending or impending civil, criminal, or administrative matter, including judicial or…
Must a judge disclose or recuse when a lawyer belonged to the same fraternity at another school and time?
West Virginia JIC Opinion 2020-24 finds no required disclosure or disqualification where the judge and lawyer shared only a remote fraternity affiliation and did not know one another.
What must a New Hampshire lawyer do about checks drawn on an IOLTA or trust account that the payee never cashes?
The opinion concludes a lawyer must reconcile trust accounts monthly, promptly notify payees and try to deliver the funds for any uncashed checks, and if the payee cannot be located use the…
After buying a retired lawyer's practice, can a firm note 'former office of [retired lawyer]' and that lawyer's dates of practice on the letterhead of the acquired office?
Yes. The opinion concludes that a firm that purchased a retired (now deceased) lawyer's practice may list that lawyer's name and dates of operation on the acquired office's letterhead, because doing…
Can a law firm use retargeting (ads that follow website visitors around the web) without violating the attorney advertising and solicitation rules?
A lawyer's website may use retargeting if the ads comply with the attorney advertising rules. Retargeting alone is not solicitation, but content-targeted ads must meet the solicitation rules. The…
Can a New York lawyer enter an ongoing co-counsel and fee-sharing relationship with an out-of-state law firm that has nonlawyer owners?
Yes. A New York lawyer may keep an ongoing relationship with an alternative business structure (ABS) firm to regularly co-counsel and share fees without violating Rule 5.4, so long as the lawyer is…
Can a Florida lawyer respond to a former client's negative online review?
A lawyer may not reveal information relating to the representation in response, but may post a general statement that the lawyer cannot respond fully and that the review is neither fair nor accurate.
Can a lawyer withdraw from a case because they fear contracting COVID-19 at a required in-person court appearance?
Yes, with the tribunal's permission. The opinion concludes that a lawyer may seek to withdraw where fear of contracting COVID-19 at in-person appearances makes it difficult to represent the client…
May a judge recommend a lawyer for appointment to the Workers’ Compensation Board of Review?
West Virginia JIC Opinion 2020-23 permits the reference letter if it rests on personal knowledge, is truthful, and complies with Rule 1.3’s limits on use of judicial prestige.
Can an Ohio lawyer or law firm practice under a trade name that does not include any lawyer's surname or describe the services provided?
The opinion concludes that, after the June 2020 amendment to Rule 7.5, a lawyer or firm may use a trade name as a firm name without referencing a lawyer's name or the services provided, as long as…
Can a law firm represent two directly adverse clients in the same transaction by screening separate teams of lawyers and getting both clients' written consent?
The opinion concludes it cannot. Concurrent representation of directly adverse clients in the same transaction creates both a direct adversity and a material limitation conflict, and a firm cannot…
Can a lawyer charge a flat fee with advance payments and let the client decide whether to pay part of the final balance based on satisfaction?
Yes, within limits. The opinion concludes a lawyer may charge a non-excessive flat fee with advance payments and a satisfaction-based discount, but advance fees are payments on account unless the…
If my criminal client hands me physical evidence like incriminating letters, can I keep it and not show the prosecutor until a court orders me to?
Per the Committee, a lawyer may not conceal or obstruct access to evidence if doing so would be 'unlawful' under a statute, court order, or mandatory disclosure obligation; but for ordinary tangible…
May a full-time Wyoming circuit judge take a paid regional liaison role on impaired driving law?
Wyoming JEAC Opinion 2020-01 answers no for the proposed paid ABA Judicial Division liaison role. The committee cited the judge's full-time statutory duties and concerns about compensation, outside…
When can a California lawyer continue to jointly represent multiple clients whose interests potentially or actually conflict after obtaining informed written consent?
Joint representation is generally permitted with informed written consent, but Rule 1.7(d) blocks it even with consent if the lawyer cannot reasonably believe they can be competent and diligent, the…
When a client switches lawyers in a contingent fee case, must successor counsel protect the prior lawyer's charging lien out of the recovery?
Yes. The opinion concludes that under Rule 1.15(f), successor counsel must keep enough of the recovery in trust to satisfy the predecessor's quantum meruit claim until the lien dispute is resolved…
Must a judge recuse from school board cases when the judge’s spouse contracts to provide education services?
West Virginia JIC Opinion 2020-22 rejects automatic disqualification but requires on-record disclosure of the spouse’s school board contract and Trial Court Rule 17 procedures where applicable.
Can an insurance-retained defense lawyer keep representing the insured when the carrier reserves coverage rights and intervenes in the same lawsuit?
It depends on how the coverage fight is structured. The lawyer may defend the insured even under a reservation of rights, but if the carrier intervenes in the same case and the coverage issues are…
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.