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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Could a lawyer continue appearing before a judge after the judge married the lawyer’s employee?
West Virginia JIC Opinion 1993-10 concluded that former Canon 3E(1) would prohibit that lawyer from appearing in the judge’s court after the marriage.
Could a court reporter rent a lawyer’s beach condominium at a large discount when the lawyer appeared before the judge?
West Virginia JIC Opinion 1993-09 barred the discounted rental under former Canon 4D(5)(h), but allowed rental at the full price.
Must a law firm remove a suspended attorney's name from its letterhead and firm name while the suspension is in effect?
The opinion concluded yes; Rule 3.9(b) requires dropping a suspended lawyer's name from all of the firm's public communications, including its letterhead, until the lawyer is authorized to resume practice.
Could judges publicly play in a softball event where spectators pledged charitable donations for runs scored?
The Committee concluded that publicized participation by judges in the described fundraising softball game would violate the Code, while attendance and donations remained permissible.
Can a part-time assistant district attorney represent a homicide victim's estate in a civil wrongful-death case while the criminal matter is still pending?
The opinion concluded a part-time assistant district attorney may represent the victim's estate in the civil wrongful-death action, having obtained the consent of both the estate's personal…
Could a part-time judge privately represent a client against a person who owed fines to the judge’s court?
The Committee said the judge should not accept either proposed private matter because judicial control over the opposing party’s fines created an appearance concern and future recusal risk.
Can a full-time municipal police officer who is a licensed lawyer also serve as the municipal prosecutor in the same town?
The Committee concluded that a full-time municipal police officer may not simultaneously serve as municipal prosecutor in the same municipality, because the appearance of impropriety, judged by the…
After leaving the bench, can a former judge who signed a divorce decree later represent one of those parties in a related matter?
The opinion concluded a former judge who signed the final divorce decree, whether the divorce was contested or uncontested, participated personally and substantially and may not later represent…
Can a lawyer co-own a corporation with nonlawyers that helps homeowners win real estate tax reductions and pays out profits by share?
The opinion concluded that a lawyer may not form such a corporation: the lawyer conceded the work is the practice of law, so the corporation's furnishing it would violate Judiciary Law Section 495,…
I can't locate two personal-injury clients, and investigators say their claims are fraudulent. Can I withdraw, and must I still file suit before the statute of limitations runs to protect them?
The Panel concluded the attorney must exercise diligence in trying to locate the clients, and that if the attorney reasonably believes a claim is fraudulent, withdrawal is permitted under Rule 1.17;…
Can my firm name its real estate title department with the partners' initials, like 'ABC Equity Title Group,' and put only that name on the department's building sign and letterhead?
The panel advised that Rules 7.1 and 7.5 apply and that the proposed name for the equity title department is misleading and confusing to the public; the panel also stated it did not understand why…
When could a Minnesota lawyer charge interest or late fees on unpaid attorney's fees?
Under this now-repealed opinion, charging interest or late fees was unreasonable under Rule 1.5(a) if the rate was usurious, if Minnesota law required a written agreement and there was none, or if…
May a lawyer represent clients before the probate court when the lawyer's partner has been elected Register of Probate?
The opinion concluded yes; because the Register of Probate performs only clerical and ministerial functions and cannot act on the merits, the partner's election does not disqualify the lawyer from…
Can a lawyer's firm brochure list past damage awards or the lawyer's record of favorable verdicts to show experience?
The opinion concluded a firm brochure may not list the amount of past damage awards or the lawyer's record of obtaining favorable verdicts, because such claims are likely to create unjustified…
Could a judge serve on a state hospital advisory committee for a forensic mental-health program?
The Committee concluded that service on the described state hospital committee would violate the then-current Code’s restriction on government committee appointments.
Can a lawyer prepare pleadings for a pro se litigant without entering an appearance, and what duties come with that limited help?
The opinion concluded a lawyer may limit the scope of representation, including preparing a pro se litigant's pleadings without entering an appearance, if the lawyer clearly notifies the client of…
Can a lawyer take an assignment of a client's new claim to secure unpaid fees from an earlier case, and then testify about the value of those earlier services?
Yes, with limits. The opinion concluded a lawyer may take a security-only assignment to secure an earlier fee if the client can consult independent counsel under Rule 1.8(a)(2), and may testify to…
I'm licensed in two other states but not in Rhode Island. Can I serve as general counsel to a Rhode Island insurance company, advising it on its legal obligations?
The Panel declines to answer because its jurisdiction is limited to requests from Rhode Island Bar members about their own prospective conduct, and it refers the attorney to Rhode Island's statute…
My secretary previously worked for the firm now representing the wife and knows confidential information about her. Can my firm keep representing the husband, and can the husband waive the conflict?
The Panel concludes the secretary's knowledge is imputed to the firm under Rules 5.3 and 1.10(b); a waiver is possible under Rule 1.10(d)/1.7, but because obtaining the husband's consent would…
After I withdrew from a client's case because I learned his claim may be fraudulent, must I report it, refund my fee, or warn his new lawyer?
The Panel concludes that Rule 1.6 protects the information, so the attorney may not disclose it to anyone (including new counsel) without the client's consent, and, absent prior knowledge of the…
I want to publish a newspaper advice column as an advertisement. Does Rule 7.2 let me satisfy the filing requirement by sending Disciplinary Counsel a subscription to the paper instead of each ad?
No. The Panel concludes that Rule 7.2(b) requires the attorney to send a copy of each print advertisement to Disciplinary Counsel; mailing a newspaper subscription does not comply.
I was served with a subpoena duces tecum to bring a client's closed file to a deposition. May I assert the attorney-client privilege, and what do I do if the court orders disclosure?
The Panel concludes the attorney has a duty under Rule 1.6 to invoke the attorney-client privilege when applicable, and must comply if a court ultimately issues a final order requiring disclosure.
Can I advance the court costs and litigation expenses for indigent personal-injury clients and be reimbursed only if the case recovers?
Yes. The Panel concludes that advancing court costs and litigation expenses, with repayment contingent on the outcome, is permitted under Rule 1.8(e)(1) as long as the advanced costs are related to…
Opposing counsel subpoenaed a physician's records without notifying the parties or a hearing. Is that a rules violation, and what can I do about it?
The panel declined to comment on another attorney's conduct or to opine on the rules for issuing subpoenas, but noted that the inquiring attorney may rely on Rules 8.3 and 8.4: if the attorney…
Can I charge a client for the court filing and service costs of a Criminal Injury Compensation Fund claim, and can I stop working if the client won't pay them?
The panel declined to answer whether charging the client for those costs is proper because it turns on substantive law outside legal ethics, but advised the attorney have the proposed fee agreement…
My spouse owns a constable service. Can I use it in my law practice if I tell all my clients about the arrangement in writing?
The panel advised that Rule 1.7(b) applies and that the attorney should make full disclosure to clients of the spouse's interest in the constable business; if the attorney refers clients to the…
I represent a client in a divorce and also represent the opposing lawyer in a separate, unrelated matter. My client consented. Does that violate the conflict rules?
The panel advised that Rule 1.7(b) governs and that the inquiring attorney may represent the adverse counsel in the separate matter if the attorney reasonably believes representation of the domestic…
My former divorce client's new lawyer says I coerced her into the divorce, and I've been subpoenaed to testify. How do I proceed without violating her confidences?
The panel directed the subpoenaed lawyer to invoke the client's privilege unless waived, minimize disclosure, and comply with a final court order requiring information about the client. It quoted…
My former client's new lawyer disputes my attorney's lien. Can I write the former client directly to explain the lien without violating Rule 4.2?
The panel advised that Rule 4.2 is implicated only when a lawyer communicates with a represented party in connection with the representation of, or on behalf of, a client; here the inquiring…
Under my written collection agreement, I front litigation expenses and get reimbursed from what one suit recovers to cover the costs of prior suits. Is that proper?
The panel advised that this conforms to Rule 1.8(e)(1), which lets a lawyer advance court costs and litigation expenses with repayment contingent on the outcome, as long as the reimbursements follow…
I did a title report for a lender. A third party bought the loan and now demands my whole file, including my own abstracts and charts. Are they entitled to it?
The panel advised that a client is entitled on termination to the papers and property belonging to the client, excluding the attorney's work product; here, though, the demand comes from a third…
My personal ties to town council members will make three of them recuse, leaving only the four votes needed and requiring unanimity for my client. Can I still represent the client before the council?
The panel advised that Rule 1.7(b) applies and that the attorney's personal relationship with the council is a conflict because the recusals materially limit the client's ability to obtain the…
Does a lawyer's duty of candor under Rule 3.3 require disclosing facts adverse to the client in a Social Security disability hearing before an administrative law judge?
The opinion concluded Rule 3.3(d) applies to lawyers in Social Security ALJ hearings, which are ex parte adjudicative proceedings, so the lawyer must inform the tribunal of all material facts (even…
Could a judge play the judicial role in a student trial video about drinking and driving?
West Virginia JIC Opinion 1993-08 found no ethical problem with the described educational video roles under former Canon 4B.
Could a circuit judge participate in an American Inn of Court program?
West Virginia JIC Opinion 1993-07 said the judge’s participation would not be improper on the information then available to the Commission.
Does a city attorney who prepares quitclaim deeds for tax-reverted property have to warn buyers that the title may not be insurable?
No; the lawyer's duty runs to the city client, and preparing the deeds is proper, so the lawyer need not volunteer personal doubts about title insurability to prospective purchasers, though the…
What must a criminal defense lawyer do when the client insists on giving false testimony?
The opinion concluded that under D.C. Rule 3.3 defense counsel who knows the client intends to testify falsely must first try to dissuade the client and then seek to withdraw, unless withdrawal…
After being discharged by the personal representative of an estate, what may a lawyer do about a suspected fraud, the decedent's children, and documents still in the file?
The lawyer's client was the personal representative, not the beneficiaries; a lawyer who only suspects fraud may not disclose confidences or act to rectify it, and may not hand off a client's…
May a personal injury lawyer help arrange loans to clients and serve as trustee to ensure the loan company is repaid from the recovery?
The opinion concluded that a lawyer's participation in a plan to refer personal injury clients to a loan company and to sign a trust declaration making the lawyer trustee for the lender would be unethical.
Did a judge have to sell stock in a real estate company co-owned by a lawyer appearing before the judge?
West Virginia JIC Opinion 1993-05 said the judge need not divest the stock, but should recuse or refer any case in which the lawyer shareholder appeared.
Could a judge keep an indirect rental arrangement involving a lawyer appearing in court and hear a case involving the judge’s brother?
West Virginia JIC Opinion 1993-04 found the rental arrangement improper and said the judge should not hear a matter in which the brother was a party or witness.
In Kentucky, may a lawyer pay into a labor union's 'Designated Counsel Group' or fund hospitality, dinners, and lodging at union functions to get on the union's referral list?
Attending union meetings and discussing members' legal rights is permitted, but paying into a Designated Counsel Group or funding hospitality, meals, lodging, or equipment to be listed appears to…
In Kentucky, may a law firm that includes a part-time lawyer who is also a full-time police officer defend criminal cases in the jurisdiction where that officer serves?
No. The opinion reaffirmed KBA E-137 that a firm with a lawyer who is also a full-time police officer may not defend criminal cases arising in the jurisdiction where that officer exercises police power.
In Kentucky, may a lawyer notice depositions, subpoena the witnesses, then cancel on opposing counsel and privately interview those witnesses under the subpoena?
No. The opinion concluded this scheme misuses the subpoena and misleads opposing counsel and witnesses, violating Rules 3.4(c), 4.1, and 8.3 (now 8.4).
In Kentucky, if a lawyer is defending a client against an opposing party, may that lawyer also be retained to represent the opposing party's lawyer in an unrelated malpractice or business matter?
There may be a conflict under Rule 1.7(b), but it is not automatic; depending on the facts, the lawyer's reasonable belief that representation will not be materially limited, plus client consent…
In Kentucky, may a private lawyer who represents a state agency under contract take a case against that same agency, or against a different state agency?
No against the agency the lawyer represents (and the disqualification is imputed to the firm), but yes against a different state agency with the consent of both the client agency and the private client.
Must a judge recuse from a city’s case because a relative was a council member when the underlying events happened?
Opinion 93-476 says the former council membership alone does not disqualify the judge if the relative left before the judge became involved, though other facts may still require recusal.
May a judge hear cases involving a former partner with whom the judge still coauthors a law book?
Opinion 93-475 requires nonremittable recusal while the judge and appearing former partner continue to coauthor the book; frequent appearances may require ending the joint business relationship.
May a judge remain on a bank board that only advises and cannot approve loans or investments?
Opinion 93-474 permits the described advisory bank board role, but requires recusal when the bank is a party, with possible remission under Canon 3D.
Must a judge recuse when a special assistant attorney general in the brother’s firm advised the prosecution before indictment?
Opinion 93-473 finds no disqualification merely from that firm relationship where the judge’s brother did not participate in the defendant’s prosecution.
May a sitting judge seek help from attorneys and friends in pursuing a federal judgeship appointment?
Opinion 93-472 permits requesting that assistance while applying Canon 7 and Canon 2 limits and barring use of court staff or state-purchased property for the contacts.
May a judge teach Alabama drug laws and moot court at a police academy?
Opinion 93-471 permits the described law-related teaching, subject to impartiality, judicial dignity, and performance of judicial duties.
Should a judge recuse from a capital case when the brother’s firm includes assistant prosecutors and counsel to the victims’ estates?
Opinion 93-470 requires recusal for appearance and public-confidence reasons on the combined capital-case facts, although the described firm ties alone did not establish a substantially affected…
May a court mail an appearance-date notice directly to a represented party?
Opinion 93-469 says a court’s administrative notice of the appearance date to the party is not an improper ex parte communication, while observing that courtesy favors sending it to counsel.
What did the Commission originally say about choosing between fee-funded rehabilitation programs in sentencing?
Opinion 93-468 urged objective selection without favoritism or nonjudicial connections; Opinion 97-678 later expressly overruled it and permitted board service on the different nonprofit…
May a circuit judge hear a felony case after presiding over its preliminary hearing as a district judge?
Opinion 93-467 says a circuit judge may preside over a felony case after conducting its preliminary hearing as a district judge. It compares the probable-cause inquiry to issuing a warrant, which…
May an Alabama judge advertise in a local school yearbook or football program?
Opinion 93-466 permits a judge’s school yearbook or football-program ad identifying the judicial office and showing an incumbent in robes. An incumbent may state a judicial candidacy before…
Could a lawyer whose practice was not limited to divorce use a Yellow Pages advertisement saying 'DIVORCE ONLY'?
The committee said the word 'only' might mislead readers and recommended deleting it. With that word removed, the proposed advertisement appeared permissible under the North Dakota conduct rules.
Could a North Dakota lawyer form a firm with a lawyer admitted in another state and North Dakota federal court, but not admitted to North Dakota state practice?
The committee said Rule 5.4(b) did not bar the partnership because both people were lawyers. Their public communications had to comply with Rules 7.1 and 7.2 and indicate the other lawyer's…
When a lawyer pursues an estate's accident claims, can the lawyer also represent the decedent's medical creditors and charge them a fee out of the recovery?
The lawyer may represent both the estate and the medical providers if no dispute over the bills makes them adverse, but cannot represent either side in a dispute over the bill, and cannot…
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.