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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My client's personal-injury settlement was supposed to pay a creditor who had a body attachment, but the client won't pay. Can I tell the creditor's lawyer the case settled, without the client's consent?
The Panel concludes the attorney may inform the creditor's attorney that the case settled and the client was paid, because that disclosure is impliedly authorized to carry out the representation and…
After the insurer appointed defense counsel, can I as plaintiff's attorney keep negotiating settlement directly with the insurance adjuster over defense counsel's objection?
The Panel concludes that Rule 4.2 bars the plaintiff's attorney from communicating directly with the adverse insurance company's adjuster without opposing counsel's consent, because the insurer is…
Could judicial campaign committees retain surplus funds for a future election under the 1993 Code?
The Committee concluded that then-current Canon 5C(2) did not permit a judicial campaign surplus to remain; it declined to decide whether statutes or other law conflicted with that canon.
Can a Nevada lawyer charge a non-refundable retainer in a divorce or criminal case?
The Committee concluded that non-refundable retainer agreements are not specifically prohibited by SCR 155, but any such agreement is unethical if the fee would be unreasonable under all the…
Can a lawyer send a personalized direct-mail letter to newcomers in an area describing the firm's services and suggesting they may need legal help?
Yes; a truthful targeted letter to newcomers is constitutionally protected and permitted, but it must conform to the advertising rule, and language implying that suggested changes are legally…
Could a lawyer represent the wife after drafting proposed divorce papers naming the husband as plaintiff and initially saying she represented him?
The committee said the described lack of reliance and privileged communications suggested no attorney-client relationship with the husband, so the lawyer could continue for the wife. It reserved a…
May a lawyer continue at trial when a partner may testify, and must the lawyer report possible witness conflicts of opposing counsel?
The committee said the lawyer could continue if no conflict existed, but a partner's conflict would also affect the lawyer. It declined to decide whether opposing counsel had a conflict or whether…
Can spouses serve as opposing prosecutor and defense counsel in Ohio, and what about their firm colleagues?
The opinion concluded that an assistant prosecutor and a criminal defense lawyer who are spouses may not oppose each other without disclosure and consent, and that the defense lawyer's partners and…
Can an Ohio lawyer who serves on a bar grievance committee defend other lawyers in disciplinary matters?
The opinion concluded that a grievance committee member may not privately represent an attorney in a disciplinary matter handled by that committee, but may represent attorneys before another…
Must a lawyer tell a client she can file a bar complaint against opposing counsel, and must the lawyer report opposing counsel's misconduct, before the case is over?
The opinion concluded that the lawyer had to tell the client she could complain to the bar and could not wait until the litigation ended to do so; and that the lawyer had to report opposing…
Can a lawyer draft a will for a godmother that names the lawyer as an ultimate beneficiary, and may the lawyer then serve as executor and trustee?
The committee concluded that drafting the will was improper because a godparent is not a 'relative' under the rule barring a lawyer from preparing an instrument giving the lawyer a gift; but serving…
Can Alabama lawyers organize their law firm as a limited liability company under the new Alabama LLC Act?
The opinion concluded it does not violate the Rules of Professional Conduct or any disciplinary rule for two or more lawyers to organize a law firm as an Alabama limited liability company under the…
If a civil litigator learns that the client lied in interrogatories or a deposition and produced a forged document, what must the lawyer do, and can the lawyer be forced to tell the court?
The opinion concluded that a lawyer who learns the client has lied in discovery must take all reasonable steps to rectify the fraud, and that the Rule 3.3 duty of candor toward the tribunal…
When a lawyer represents a bank client during a regulatory examination, can the lawyer stay silent about facts adverse to the client, and where is the line on misleading regulators?
The opinion concluded that a lawyer representing a client in a bank examination may not under any circumstances lie to or mislead agency officials, whether by affirmative misstatement or by omitting…
May a sitting judge voluntarily give paid oil-and-gas expert testimony in another state?
The Committee prohibited voluntary expert testimony by the sitting judge; compelled testimony could be given under conditions including avoiding volunteered judicial status and following…
Can a patent lawyer accept free referrals from, and buy advertising through, an inventor-protection group that picks lawyers at random from the USPTO roster?
Yes; a group that refers inventors to patent lawyers at no charge, by random selection without favoring supporters, is not a lawyer referral service, so a lawyer may accept its referrals and place…
Can I keep some of my own money in my client trust account to maintain a minimum balance and avoid bank service charges?
The Panel concludes a lawyer may keep his or her own funds in a client trust account to maintain a minimum balance and avoid bank service charges, provided the amount does not exceed what is…
As a lawyer who is also a registered investment adviser, can I pay a referring attorney a referral fee out of the commission I earn from a client's investment business?
The Panel concludes the lawyer-investment adviser may not pay another attorney a referral fee from commission proceeds under Rules 5.4 and 1.8, and stresses that acting as an investment adviser does…
I drafted leases for Client A that were later terminated. Now Client B wants me to collect the unpaid balance on those same contracts against A. Is that a conflict?
The Panel concludes that under Rule 1.9 this is a conflict, because the collection matter is the same or substantially related to the lease work the attorney did for Client A and Client B's…
I represented Client X before a licensing board while X worked for Company Y, and now Y has been summoned before the same board. X consents. Can I represent Y?
The Panel concludes that under Rule 1.7 the attorney may represent Company Y before the licensing board if the attorney reasonably believes the representation will not adversely affect Client X and…
The victim in my client's criminal case was once represented by another lawyer in my firm. Can I impeach the victim using public-record information without violating former-client duties?
The Panel concludes that the attorney may use information about the victim that has become generally known or is a matter of public record to impeach, even though the victim is a former client by…
Is it professional misconduct for me to file a disciplinary complaint against another lawyer who defied a court order and won't pay court-ordered sanctions, when I'd also collect court-awarded fees?
The Panel concludes that filing such a complaint is not misconduct; if the attorney has knowledge that another lawyer acted in a way that questions honesty, trustworthiness, or fitness, Rule 8.3…
A former partner represented Client X while we shared a firm, though I never worked on it. After the firm dissolved, can I take a new client adverse to X on a related lease?
The Panel concludes that under Rule 1.10(c) the attorney need not withdraw as long as the new matter is not the same or substantially related to the former partner's representation and the attorney…
Opposing counsel says they'll call both partners in our two-lawyer firm as witnesses about a settlement agreement. Can the partner whose role was limited still try the case?
The Panel concludes that under Rule 3.7 the partner is not precluded from acting as trial advocate, because that partner is not likely to be a necessary witness and the potential testimony will not…
Two independent lawyers who lecture together want to form a joint 'firm' in a niche field while keeping their separate practices. Can we hold ourselves out that way?
The Panel concludes that the Professional Service Corporation Act bars practicing in two professional corporations without regulatory approval, and that the Rules do not resolve the other proposed…
I'm the co-executor and attorney for an estate that can't find other counsel, and I'll definitely be a witness. Can I act as advocate at trial under Rule 3.7?
The Panel declines to decide, because it cannot determine on the facts whether Rule 3.7(a)(3)'s substantial-hardship exception applies, and suggests a motion in the pending court, with notice to all…
Can a law firm buy an ad in a union's service directory and let the union endorse it and hand out the firm's business cards to members?
The opinion concluded a firm may buy an ad in a union service directory, accept the union's endorsement, and give the union business cards to distribute, so long as the firm does not pay the union…
May a judge contribute a recipe and photograph to a football-fans cookbook?
Opinion 93-495 permits the recipe and photograph, subject to Canon 5A’s requirements that avocational activity preserve judicial dignity and avoid interference with duties.
Must a judge recuse when appearing counsel’s spouse works at the firm representing the judge’s family partnership?
Opinion 93-494 finds no disqualification on the specific facts where appearing counsel practiced outside her spouse’s firm.
May a judge advise a county committee supporting a candidate for governor?
Opinion 93-493 strongly discourages but does not prohibit the described service or general political advice, with the judge acting only individually and without using judicial title or office prestige.
May a judge speak about the need for a Big Brothers/Big Sisters organization at an event where others solicit donations?
Opinion 93-492 permits the judge’s speech on the organization’s need, while describing direct fundraising and use of judicial prestige as undesirable under a directory Canon and advising against a robe.
Must a judge recuse when counsel belongs to the judge’s nephew’s firm but the nephew does not appear?
Opinion 93-491 finds no automatic recusal from the firm relationship alone, but requires a case-specific assessment; a nephew’s related legal advice known to the judge can create nonremittable…
Could a Maine judge answer the bar overseers’ factual question about a pending divorce case and decline to explain the ruling?
Yes. The committee said the judge could answer whether alimony was requested, but could not be compelled to explain why alimony was denied.
Can a law firm that represents a state agency also serve as conservator for individual children who are wards of that same agency?
The opinion concluded there is no per se conflict in the firm serving as conservator for children who are wards of the Department of Human Resources while continuing to represent the Department,…
Can a lawyer serve at the same time as an elected municipal judge and as an assistant prosecuting attorney?
No. The opinion concluded it would be prejudicial to the administration of justice for a municipal judge to be employed simultaneously as an assistant prosecuting attorney, because appearing as…
Can a West Virginia lawyer charge interest or a finance charge on a client's overdue legal-fee balance?
Yes, if the client agreed in writing at the outset of the representation. The opinion rescinded the bar's earlier ban (L.E.I. 78-7) and held Rule 1.5 does not prohibit interest on unpaid balances,…
Could a firm sue another law firm after representing that firm's former partner in a separate case where the firm was also a defendant?
The committee found no violation on the stated facts. The former partner, not the other firm, had been the lawyer's client, and the second lawsuit was separate, with the former partner absent and no…
May a prosecutor discuss a pending criminal case with a represented defendant who requests the meeting against counsel's advice?
The committee said the defendant's request did not dispense with Rule 4.2's requirement for defense counsel's consent to a communication about the pending matter. It applied the rule to prosecutors…
Can an insurance company's full-time staff attorney appear in court for the insured, or only for the company itself?
The opinion concluded that a staff attorney may appear only where the insurance company is the real party in interest representing the company itself; he may not appear for the insured, because a…
Can a solo lawyer use a name like 'John Doe & Associates,' 'John Doe Law Firm,' or 'John Doe Law Office'?
The opinion concluded a lawyer may use 'John Doe & Associates' only if he has at least one associated attorney in his employ, but a sole practitioner may use 'John Doe Law Firm,' 'John Doe Law…
In Kentucky, may a lawyer who practices domestic-relations law serve as a mediator in voluntary or court-annexed divorce mediation?
The opinion found no automatic bar on private-practice divorce lawyers serving as mediators. It questioned impartiality where a party is a present or former client; consent was discussed only for…
In Kentucky, must a lawyer report child abuse or neglect learned while representing a client?
No, reporting is not mandatory where it would violate the attorney-client privilege, though Rule 1.6 permits (but does not require) disclosure in some circumstances, such as to prevent imminent…
In Kentucky, may a lawyer charge a contingent fee for defending a civil case?
Yes. The opinion concluded the rules do not bar contingent fees for defending civil cases (only criminal and divorce cases are prohibited), but the lawyer bears the burden of showing the fee is…
I represent ABC Corporation in one lawsuit. A minority-shareholder officer wants me to represent him against the other shareholders. Can I, even if I withdraw from the corporation?
The Panel concludes that under Rule 1.7 the attorney may not represent the shareholder against the corporation unless both the corporation and the shareholder consent after consultation, and…
I represent a client suing a state agency. That same agency wants to hire me as a special prosecutor in an unrelated matter. Can I take it on?
The Panel concludes that under Rule 1.7 the attorney may represent the state agency as special prosecutor so long as the lawyer reasonably believes the other client will not be adversely affected…
My partner and I want to advertise our personal-injury work under just 'A and B attorneys' without naming our actual law firm. Is that allowed?
The Panel concludes the proposed advertisement would be misleading under Rule 7.1 because it omits a material fact -- the firm in which A and B practice -- and implies that A and B are a separate…
Can I state on my letterhead that I'm certified by the National Board of Trial Advocacy, and do I have to add the Rule 7.4 no-certification-procedure disclaimer?
The Panel concludes the certification statement may be placed on letterhead if it complies with Rules 7.1 and 7.4, and because it implies a concentration, the Rule 7.4 disclaimer that Rhode Island…
Can I form a non-profit corporation that gives artists low-fee legal, financial, and tax consulting, and serve as its officer, employee, and occasional retained lawyer?
The Panel concludes the lawyer may serve as a member, officer, or director under Rule 6.3, be employed or retained while maintaining independent judgment under Rule 5.4, but may not share in fees…
Can a bar association referral service require lawyers to remit a percentage of the fees earned from referred clients, and can the lawyer pass that cost to the client?
The opinion concluded that a bar-operated lawyer referral service may require participating lawyers to pay a percentage of fees earned from referrals, and the lawyer may pass that cost along to…
Can a company's in-house lawyers staff a compliance help line where employees report misconduct, including their own?
The opinion concluded that corporate lawyers may participate in a compliance program and staff a help line if they comply with the rules on representing an organization, by telling employees with…
May a lawyer oppose future agency rules for one client after advising another client about related proposed rules?
The committee expressed concern that the proposed representation might violate the conflict rules. It identified possible concurrent-client adversity under Rule 1.7 and a substantially related…
How did the committee address contacting inmates as prospective clients and a settlement offer that waived attorney fees?
The committee applied Rule 7.1's restrictions to inmate contact without deciding whether incarceration itself made contact improper. It said the lawyer had to explain the fee-waiver settlement offer…
Could family-related disqualification be remitted during an engagement before marriage?
The withdrawn 1993 answer allowed remission during engagement where the same disqualification would arise after marriage; Opinion 94-513 later replaced the joint letter.
Could a judge use the son’s fiancée or wife as a court reporter?
The withdrawn 1993 answer barred the assignment; Opinion 94-513 later replaced it and allowed a temporary or case-specific assignment for justifiable cause with disclosure.
Could a judge use a first cousin as a court reporter on a temporary basis?
The withdrawn 1993 answer said no under the cited reporter-kinship statute, but Opinion 94-513 later replaced it and permitted specified temporary assignments for justifiable cause.
Did a court reporter’s engagement or marriage to counsel automatically disqualify the judge?
The withdrawn 1993 joint answer found no automatic disqualification from the reporter’s relationship to counsel; Opinion 94-513 later replaced the five-opinion letter.
Did an engagement to the judge’s first cousin require recusal from the fiancé’s firm cases?
The withdrawn 1993 answer required recusal during engagement and marriage, subject to remission; Opinion 94-513 replaced this joint answer after the marriage with a revised analysis.
May a judge lease office space to the county school superintendent?
Opinion 93-485 allows the proposed lease but requires nonremittable recusal from any case involving the county board of education because the lease creates a landlord-tenant relationship.
Is a judge disqualified when counsel in a case belongs to the firm of a lawyer representing the judge elsewhere?
Opinion 93-484 finds no disqualification on the stated unrelated matters after the appearing lawyer withdrew, distinguishing direct representation of the judge from representation by the lawyer’s partner.
Must a judge disclose a partnership with appearing counsel that ended more than nine years earlier?
Opinion 93-483 finds no disclosure duty on the stated facts where the former partnership ended more than nine years earlier and the judge retained no interest in it or its fees.
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.