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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How did the Commission treat excess judicial campaign funds for professional expenses, car phone costs, and correspondence?
Opinion 93-482 allowed specified professional and correspondence uses of campaign funds under its 1993 analysis; Opinion 08-894 later overruled its juror-appreciation-letter restriction in part.
Could a magistrate rent a home from a lawyer whose firm partner frequently appeared before the magistrate?
West Virginia JIC Opinion 1993-15 concluded that the rental arrangement was inappropriate under former Canon 4D(1)(b).
Can a Commonwealth's Attorney sit in a quasi-judicial role reviewing a grievance panel decision when he earlier served on the same agency's board and is close to the people involved?
The committee concluded that the prosecutor should not serve in the quasi-judicial capacity, because the cumulative effect of his prior board service, close personal relationships, and earlier…
Can a Michigan judge act as a conciliator in church disputes that might end up in arbitration or litigation?
No. The bar on a judge acting as arbitrator or mediator extends to conciliation, so a judge should not serve as a conciliator in disputes that are likely subjects of arbitration or litigation.
Can a Colorado lawyer agree, as part of settling a case, not to represent other clients against the same defendant or to limit how the lawyer handles future cases?
The opinion concluded that under Rule 5.6(b) a lawyer may not offer or make a settlement that restricts the lawyer's right to practice, including a promise not to represent other claimants against…
Could a mental hygiene commissioner also serve on a deputy sheriff’s civil service commission?
West Virginia JIC Opinion 1993-14 concluded that the two offices could not be held together under the cited state statutes and former Canon 2.
Could an Ohio lawyer list under 'Areas of Practice' or run a display ad in the phone book's classified section?
The opinion concluded that under DR 2-101(B)(2) as amended January 1, 1993, a lawyer could not list under a classified heading 'Areas of Practice' (except patent, trademark, or admiralty…
May a bar-association lawyer referral service charge participating lawyers a sliding-scale or percentage-of-fee remittance, and require lawyers to disclose the fee charged to set that amount?
The opinion concluded yes to both; a sliding-scale or percentage-of-fee remittance is a usual and reasonable referral charge under Rule 3.9(f)(2), and limited disclosure of the client's fee to set…
Can a lawyer who serves as a hearing officer for a state agency also represent clients before that same agency, and can the lawyer's partners?
The opinion concluded a lawyer who serves as a hearing officer for a state agency may not represent clients before that same agency, though the lawyer's partner may represent clients there in…
If a lawyer helped her firm pursue a fee claim against a client, can she later help the client fight that claim, and must she report her old firm's suspected misconduct?
The opinion concluded that a lawyer who prepared memoranda supporting her firm's fee claim stood in an attorney-client relationship with the firm, so Rule 1.9 bars her from later representing the…
Could a judge join a county chamber of commerce and a city parks advisory committee?
West Virginia JIC Opinion 1993-13 rejected both memberships under former Canon 4C(3), citing the chamber’s member interests and the city’s criminal matters before the judge.
Could a mental hygiene commissioner continue when the commissioner’s law partner became a part-time assistant prosecutor?
West Virginia JIC Opinion 1993-11 allowed continued service under the described rural-court necessity if the partner handled no cases the commissioner would hear.
Who is the client when a government lawyer enforces child support, and how do conflict rules apply when the same office represents opposing parents?
The opinion concluded that Corporation Counsel lawyers in Title IV-D child-support cases must make each petitioner aware whether or not she is the client and what that means, must use separate,…
What must a written fee agreement say, and can a flat fee carve out routine services and bill them separately by the hour?
The opinion concluded that, where a written fee agreement is required, it must adequately inform the client of the basis or rate of the fee, and that a fixed-fee agreement must include, as part of…
In a bar-association divorce-mediation and legal-aid program, may lawyers represent both spouses in an irreconcilable-differences divorce?
Formal Ethics Opinion 93-F-130 advised the Knoxville Bar Association's domestic-relations mediation program that, following Formal Ethics Opinion 81-F-16, an attorney may represent both parties to…
How long must a lawyer keep closed client files, how should they be stored, and how may they be destroyed?
The opinion concluded a lawyer has no general duty to keep files permanently; files should be sorted into categories, with client-property documents retained indefinitely and others kept a…
What must a lawyer for an estate executor do when the executor breaches, or plans to breach, fiduciary duties, and must the lawyer tell the beneficiaries?
The opinion concluded that the executor's lawyer must call on the executor to fulfill fiduciary duties, refuse to assist misconduct, and consider withdrawal; whether the lawyer may disclose the…
Can a lawyer who served as a child's law guardian in an abuse proceeding later represent the child in a civil damages suit against the abuser?
The opinion concluded that a law guardian may represent the same child in a related civil action against the alleged abuser, provided the lawyer does not exploit the fiduciary relationship to obtain…
Can a lawyer act as a bail bond agent or own an interest in a bail bond agency that sells bonds to the lawyer's clients?
The opinion concluded that, assuming no legal bar, a lawyer may profit from a bail bond agency's sale of bonds to non-clients, but may not act as bail bond agent for a person the lawyer represents,…
Can a New York lawyer work for a licensed foreign legal consultant, or form a partnership with a foreign lawyer such as a Japanese bengoshi?
The opinion concluded that a New York lawyer may be employed by a duly licensed foreign legal consultant acting within authorized limits, and may partner with a Japanese lawyer where the foreign…
Can a lawyer who takes a pro bono case for a nonprofit organization turn over the court-awarded attorney's fees to that organization without violating the bars on fee-sharing with nonlawyers or paying for referrals?
The opinion concluded that a cooperating or staff lawyer may share, or agree in advance to share, court-awarded fees with a sponsoring nonprofit pro bono organization, and that doing so violates…
What conflicts arise when a lawyer sells title insurance as the insurer's agent in a transaction involving a legal client?
The committee identified potential conflicts among the lawyer's clients and the insurer, especially when the lawyer would receive a commission. It said some conflicts might be resolved under Rules…
Could a part-time city prosecutor or firm defend unrelated charges in county court?
The committee said Rule 1.8(j)(1) barred defending prosecutions of the city’s ordinances in any court, but did not bar defense of unrelated state or other-city charges merely because they were heard…
If a lawyer serving on an administrative board finds material added to a case file after the close of proofs, what must the lawyer do?
The opinion concluded that the lawyer must disclose the material to the appropriate authorities and all interested parties; the lawyer is disqualified from the matter only if the lawyer cannot…
I want to run a newspaper notice asking the public for information about a notorious case, not to get clients. Are the lawyer advertising rules triggered?
The Panel concludes that because the attorney does not intend to solicit business, the notice is not an advertisement; if the intent were to solicit business, the attorney would have to comply with…
The predecessor attorney claims 50% of the fee and won't itemize her work. As the successor lawyer, isn't she limited to quantum meruit for the value of her services?
The Panel concludes the fee should be divided according to quantum meruit, the fair value of the predecessor's services before termination, resolved by agreement or, failing that, by a court or the…
Years ago I briefly advised a former client on a promissory note. Can I now represent a new client in an unrelated debt-collection matter against that former client?
The Panel concludes that under Rule 1.9 the representation is permissible if the debt-collection matter is not the same or substantially related to the prior work and the lawyer does not use…
I handled a real estate closing years ago and I'm not sure whether I represented the buyer, the seller, or both. Now I've been subpoenaed to a grand jury about it. What must I do?
The Panel concludes that if both buyer and seller consent the attorney may comply, but absent full consent the attorney must move to quash and assert the attorney-client privilege under Rule 1.6,…
The mayor appointed me to a narrow municipal committee overseeing one fund. Can my firm keep suing the same municipality and appearing before its boards in unrelated matters?
The Panel concludes that, because the lawyer serves as a member (not counsel) of a narrowly-defined committee and the firm's matters are unrelated to it, the firm is not precluded from representing…
I represent a corporation and its sole shareholder, and I've done work for an employee too. Can I represent the shareholder in selling stock to that employee?
The Panel says it depends on whether the employee is still a client: if so, Rule 1.7 governs and requires consent; if the employee is a former client, Rule 1.9 permits the representation unless the…
If a prosecutor forgets to file the charges a plea deal called for, does the defense lawyer have to point out the oversight?
No; the client commits no crime or fraud by staying silent about the prosecutor's oversight, so neither the candor rule nor the misconduct rule requires the lawyer to alert the prosecutor's office.
Can a law firm honor a non-lawyer referral service's contingency-fee contracts and pay the service a percentage of the client's recovery?
The opinion concludes a law firm may not share legal fees with a non-lawyer client referral service that signed clients to contingency-fee contracts before any lawyer was retained; doing so violates…
When a client picks up its files from a lawyer, does that count as discharging the lawyer so that new counsel can take over?
The opinion treats a client's request for its files as a discharge of the prior lawyer. New counsel may begin after the client notifies that discharged lawyer; post-contract fee rights were left as…
Could a Maine judge attend the civil liberties union’s award dinner at a judge-only reduced price?
The majority allowed attendance in general but called the reduced price a technical Canon 5(C)(4) violation because it was a favor unavailable to other guests.
Did earlier legal work and business dealings with a bank officer require recusal from the officer’s divorce?
Opinion 93-481 found no disqualification on its limited facts, but was later modified by Opinion 99-740’s two-year former-client disqualification rule.
Is an unsolicited brochure mailed to prospective clients a solicitation under Rule 7.3, and does a shared trade-organization membership count as a prior professional relationship?
The Panel concludes the unsolicited brochure mailing is solicitation subject to Rule 7.3(b) (including the advertisement marking), a common trade-organization membership is not a prior professional…
One of my partners is a part-time municipal court judge. Can the rest of our firm represent clients whose interests are adverse to that municipality?
No firm member may appear before the judge. In a matter the judge previously handled, a firm member may appear only if the judge is screened under Rule 1.11(a), receives no fee, and the appointing…
Must a successor lawyer report opposing counsel who lied about meeting a filing deadline, and does the reporting duty disqualify the successor as a witness in the malpractice case?
The committee concluded that the successor lawyer may have a duty under DR 1-103(A) to report a lawyer who falsely told the client, opposing counsel, and the court that a suit was timely filed,…
When opposing counsel records a deed understating the purchase price to cut the grantor's tax, must the other lawyer report it to the bar and to the tribunal?
The committee concluded that a lawyer who knowingly let a deed be recorded understating the consideration made a false statement and that the other lawyer may have a duty under DR 1-103(A) to report…
When a client dies before signing the will the lawyer drafted, must the lawyer turn the unexecuted will over to the estate, or can he withhold it as a confidence?
The committee concluded that, with no fees owed, the client owns the complete contents of the file, so the unexecuted will is estate property that must be returned to the deceased client's personal…
Is it misconduct for a lawyer to set up a trust transfer so a client can dodge an assignment to a creditor, and must opposing counsel report it?
The committee concluded that a lawyer who advised transferring property into a trust to avoid honoring an assignment to a creditor counseled or assisted fraudulent conduct in violation of DR…
After a partner testified for the client at trial, can another partner from the same firm handle the client's appeal to the state supreme court?
The committee concluded that the appeal was not a separate representation from the trial, because appellate argument might require attacking the credibility of the partner's trial testimony, so the…
Can a Michigan lawyer advertise free will drafting for clients who want to leave a bequest to a particular organization the lawyer is connected to?
The opinion concluded that a lawyer may advertise that the lawyer will prepare a will and bequest without charge for a client who wishes to leave a testamentary bequest to a particular organization,…
May a full-time municipal judge also serve on the city council that appoints the judge?
Opinion 93-480 prohibits serving as municipal judge and council member for the same city, citing judicial independence, public confidence, outside-activity conflict, and political-activity Canons.
When does a lawyer have to report another lawyer's possible conflict misconduct, and how does client confidentiality affect reporting?
The committee left the knowledge determination to the requesting lawyer but said a knowing continuation of representation despite conflict violations raised a substantial question under Rule 8.3. It…
Can a lawyer take a town board seat that requires a financial-disclosure form listing clients who do business with the town?
The opinion concluded that a lawyer may not file a disclosure form revealing a client confidence or secret without consent, so the lawyer must obtain each affected client's consent, secure a court…
Can a Michigan lawyer advertise that a portion of the lawyer's fee will be donated to a church or charity?
The opinion concluded that a lawyer may state, in a print advertisement or to an assembled group, that part of the fee will be donated to a religious or charitable organization, where the…
May a judge donate excess campaign funds to a charity?
Opinion 93-479 permits the donation only where the judge has no management or control role, receives no private benefit, and does not claim a personal charitable tax deduction.
Must a judge recuse from a divorce where a former client plans to use facts from a commitment proceeding the judge handled as counsel?
Opinion 93-478 requires recusal because the mother’s mental condition was relevant to both the prior commitment representation and the current custody dispute, making the matter in controversy related.
Must a judge recuse from a case against an insurer that the judge’s mother-in-law also sued in another circuit?
Opinion 93-477 finds no automatic recusal from the separate insurer suit, but requires nonremittable recusal if the judge has personal bias toward the insurer.
Can a lawyer sign a letter indemnifying a surety that issued a cost bond for the lawyer's out-of-state client?
The opinion concluded that a lawyer may not give a letter of indemnification to a bonding company for an out-of-state plaintiff's cost bond, because there is no ethical distinction between standing…
Must a lawyer who subpoenaed a physician as an expert witness pay the expert's fee if he didn't tell the expert beforehand that the fee was the client's responsibility?
The committee concluded that where a lawyer subpoenaed a physician to give expert testimony and did not tell the physician until after the testimony that he considered the fee a client obligation,…
When a lawyer believes a client cannot competently handle his own affairs, can the lawyer seek a guardian or representative payee over the client's objection, and reveal confidential information to do it?
The opinion concluded that a lawyer may seek appointment of a guardian or representative payee without the client's consent if reasonably necessary to protect the client, but may disclose only the…
Can a lawyer contact an adverse corporation's in-house counsel directly to settle when outside counsel of record is unavailable, if the in-house lawyer appeared at trial as a corporate representative?
The opinion concluded that the lawyer acted improperly. Because the corporation's assistant general counsel had participated at trial as a person having managerial responsibility for the company,…
Can a lawyer defending a civil case charge a contingent fee based on the amount of money the defense saves the client, rather than on a plaintiff's recovery?
The opinion concluded that the Model Rules do not prohibit a 'reverse' contingent fee for a civil defendant (a fee measured by money saved the client), provided the amount saved is reasonably…
In a mass-tort global settlement, can a defendant condition the deal on the plaintiffs' firm agreeing not to represent present or future claimants against that same defendant?
The opinion concluded that a settlement term restricting plaintiffs' counsel from representing present clients and future claimants against the same defendant is an impermissible restriction on the…
Can a legal services agency represent one party with a staff lawyer while the opposing party, screened by the same agency, is represented by a volunteer pro bono lawyer?
Yes, with safeguards. The opinion concluded that neither a staff-lawyer-versus-pro-bono-lawyer split nor a pro-bono-versus-pro-bono split is a prohibited conflict when intake is by nonlegal staff,…
Can an Ohio judge appoint a relative to represent indigent criminal defendants?
The opinion concluded that a judge may not appoint an attorney related within the third degree of consanguinity to the judge or spouse to represent indigent defendants, because it is nepotism under…
Can an Ohio lawyer confess judgment on a cognovit note, and can the creditor's attorney do it or be paid by the creditor?
The opinion concluded that a lawyer may confess judgment under a cognovit-note warrant of attorney at a creditor's request if the confession is lawful, that a creditor's own attorney may do so only…
If a lawyer's client has fled and become a fugitive, can the lawyer keep handling the client's other matters, and must the lawyer give the court the client's location?
The lawyer may not help a fugitive client even on unrelated matters, must counsel the client to surrender and withdraw if that fails, may disclose the client's conduct, and must reveal the client's…
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.