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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Did North Dakota Rule 4.2 bar contact with a represented corporation's former employees?
The committee said Rule 4.2 did not extend to former employees. It cautioned against inducing disclosure of the corporation's privileged communications and required the lawyer to identify the…
Could a creditor-firm lawyer interview and advise legal aid clients who might later face collection actions?
The committee allowed the volunteer interview absent an actual conflict, but required screening for existing collection matters. Later action against that client involving financial information…
Can a firm take a new client's case against a current client, and avoid the conflict by quietly withdrawing from representing the current client first?
The opinion concluded a firm may not represent a client directly adverse to a present client without each client's consent after consultation, and it may not sidestep the duty of loyalty by…
May a judge write a requested award recommendation for a court clerk whose work the judge knows personally?
The Committee allowed the requested recommendation based on the judge’s personal knowledge of the clerk’s work and contributions, finding that it did not misuse judicial prestige on these facts.
Must a lawyer report opposing counsel who negotiated a settlement directly with the lawyer's represented client?
The opinion concluded that a lawyer who knows another lawyer negotiated a settlement directly with a represented party, without that party's counsel's consent, is required to report the matter to…
May a lawyer enter a referral and fee arrangement with a public adjusting firm that solicits accident victims and shares in the lawyer's fee?
The opinion concluded that it is unethical for a lawyer to participate in such an arrangement, which would involve improper fee-splitting with a nonlawyer, improper solicitation, and assisting the…
Can a lawyer's firm serve as a city's prosecuting attorney when a member of that firm sits on the same city's council?
The opinion concluded a lawyer or a member of his firm may act as prosecuting attorney for a city while the lawyer serves on that city's council, because the prosecutor role is not adverse to the…
Can a lawyer represent a client suing the lawyer's old firm for malpractice, and must the lawyer report the old firm's conduct to disciplinary authorities?
The opinion concluded that the lawyer may not assist the client against the former firm if the lawyer's own interests would substantially impair his judgment or he ought to testify, and that…
Could a judicial officer serve on a charitable organization’s board?
West Virginia JIC Opinion 1992-23 permitted the board role if the official’s activities stayed within former Canon 5B’s limits.
Could a magistrate hear criminal cases handled by the prosecutor who employed the magistrate’s spouse as secretary?
West Virginia JIC Opinion 1992-21 required disqualification unless the magistrate disclosed the relationship and the parties and lawyers independently agreed in writing that it was immaterial.
Can a lawyer represent a corporate subsidiary while suing its parent company in a separate, unrelated matter?
The opinion concluded a lawyer may represent a wholly owned subsidiary and at the same time sue the parent in separate litigation, provided the subsidiary and parent are separate corporate entities,…
I represented a borrower buying property. Can I now represent the seller of that same property in a civil assault suit against the borrower?
The panel advised under Rule 1.9 that the attorney may represent the seller in a civil suit against the borrower because the matters are not substantially related, but the attorney may not use…
I was a law clerk for the Workers' Compensation Court and now handle comp cases at a firm. Is there a waiting period before I can appear before that court's appellate division?
The panel advised that Rule 1.11's one-year abstention rule does not apply to the law-clerk pool; a former clerk may appear before the appellate division so long as the clerk did not participate…
I'm a court-appointed receiver of a corporation and work closely with one of its employees. Can I take on the employee's spouse as a client in an unrelated criminal case?
The panel advised that these circumstances do not create a conflict of interest under Rules 1.7, 1.8, or 1.9, because the receivership of the corporation and the representation of the employee's…
Can I bill an estate a flat percentage of its value for administering it if the client signed a written contract agreeing to that percentage fee?
The panel advised that Rule 1.5 governs and that the attorney should assess a fee that is reasonable under the circumstances and commensurate with the time and labor and the value of services…
I represented a business owner in incorporating and a related lease. Can I now represent the broker suing that owner for a commission on the same business's sale?
The panel advised that Rule 1.9 governs and that it could not conclude the attorney's former representation of the seller (in incorporating the business and preparing a related lease) is not…
In an earlier case, C paid part of my other clients' fees but I never represented C. Can I now represent A, who is C's co-defendant?
The panel advised that the attorney may represent Client A, because the fact that C once contributed to an earlier client's fee does not make C a former client; third-party payment is governed by…
Can I run seminars for, and take client referrals from, a business owned by the probate judge I regularly appear before?
The panel advised that the attorney does not violate any Rules of Professional Conduct by conducting seminars for and receiving referrals from a non-legal organization owned by a probate judge, as…
Can a former assistant district attorney defend a criminal defendant on the same charges he helped investigate and indict as a prosecutor?
The opinion concluded a lawyer may not represent a criminal defendant on charges arising from an investigation and grand jury indictment in which the lawyer participated as an assistant or acting…
Could closing lawyers turn old client files over to a successor lawyer without client consent?
The committee said transfer of closed files to another lawyer appeared to require each client's consent. It recommended file-review, notice, retention, and confidentiality guidelines drawn from…
Can a criminal defense lawyer also represent the victim and the victim's mother, and tell them they need not cooperate with the prosecutor?
The committee concluded that simultaneously representing the defendant, the juvenile victim, and the victim's mother was per se improper under DR 5-105(A) and (B) and not curable under (C); advising…
Can a lawyer who is an elected legislator vote on legislation that could affect clients of the lawyer's firm?
The opinion concluded that, on the facts presented, no rule required client consent or barred a D.C. Council member from voting on legislation that could affect clients or the future business of the…
Can a D.C. lawyer assert a retaining lien on a former client's files for unpaid fees, and may the lawyer disclose a former trustee's confidences?
The opinion concluded that, since January 1, 1991, Rule 1.8(i) bars a lawyer from asserting a retaining lien on a client's property other than unpaid-for work product, so the lawyer had to return…
Can a law firm take a contingent-fee or ownership interest in a client's new product that the firm helps market, and must it disclose that interest to potential buyers?
The opinion concluded that a lawyer or firm may acquire an economic interest in goods or services a client markets if the interest is disclosed and the client gives knowing, informed consent; the…
What did the committee say about disclosure when a lawyer believed a client might imminently die by suicide?
Under the then-current Rule 1.6(a), the committee said the lawyer was required to disclose information believed necessary to prevent imminent death or substantial bodily harm, while limiting…
Could a Maine judge bid at a foreclosure auction after signing case documents?
A judge who only signed a ministerial abstract could bid; a judge who signed the foreclosure judgment could not. Later releases from the parties did not cure the appearance problem.
Can a Michigan solo lawyer who runs a professional corporation use a firm name that suggests a partnership and includes a spouse licensed only in another state?
The opinion concluded the sole shareholder of a Michigan professional corporation may not use a firm name that implies a partnership, nor one that includes the name of a person not licensed to…
Can a Michigan lawyer who is certified by the American Bankruptcy Institute advertise that certification and call themselves a specialist?
The opinion concluded that a lawyer who completed the American Bankruptcy Board of Certification program may advertise that they are certified by the American Bankruptcy Institute, including as a…
Can a lawyer run a seminar where a nonlawyer sponsor splits the attendee fee and people execute estate documents on the spot with little individual advice?
No. The opinion concluded a lawyer may not deliver legal services at such a seminar: it deceptively advertises personal advice the format cannot provide, splits fees with a nonlawyer sponsor, cannot…
Can a former judicial law clerk, and his new firm, work on a related case after the clerk had substantial responsibility for it in chambers?
The committee concluded that the former law clerk had substantial responsibility in the matter and could not participate, professionally or financially, in a related new case even before a different…
Can a lawyer settle a case using interrogatory answers he now knows are false, as long as he stays silent instead of repeating them?
The committee concluded that it would be improper for the lawyer to attempt settlement without first amending interrogatory answers he knows are false, and that staying silent would not save him,…
Does naming a judge as a possible witness in the pending case itself require recusal?
Opinion 92-453 says a litigant cannot require recusal merely by naming the judge as a potential witness during pending litigation. A judge who knows material facts or may be a material witness is…
Does a defendant’s counterclaim against the presiding judge over a ruling automatically require recusal?
Opinion 92-452 says the judge was not disqualified merely because a defendant filed a counterclaim against the judge based on a partial-summary-judgment ruling. A later personal bias or prejudice…
What did Alabama Opinion 92-451 originally say about a divorce lawyer who also handled the judge’s spouse’s DHR case?
Opinion 92-451 originally required recusal because the lawyer appearing in the judge’s court also acted for the judge’s spouse in a pending support case. The official PDF marks it withdrawn by…
Do the Alabama Canons of Judicial Ethics apply to municipal court magistrates?
Opinion 92-450 says the Alabama Canons of Judicial Ethics do not apply to municipal court magistrates. The Commission described them as administrative officers with limited judicial powers rather…
Must a judge recuse because a party appealed the judge’s order and challenged it in federal court?
Opinion 92-449 found no disqualification from the appeal and federal challenge alone. Unless the contest produced personal bias or prejudice against the party, the Commission said Canon 3 required…
Does a party’s complaint against the judge or the judge’s explanation in court require recusal?
Opinion 92-447 says neither the party’s Judicial Inquiry Commission complaint nor the judge’s described explanation of potential liability automatically disqualifies the judge. Recusal is required…
May a judge give Martindale-Hubbell a confidential recommendation for a lawyer who often appears before the judge?
Opinion 92-448 permits the requested confidential recommendation even when the lawyer appears often, where the judge does not volunteer it and the directory does not disclose it to the lawyer.
Can a referee running for judge use the title 'referee' or 'senior referee' in campaign ads?
The opinion concluded that a sitting referee running for judicial office may use the title 'referee' or 'senior referee' in a campaign advertisement, but the ad must identify both the court where…
Can a law firm help a business corporation sell wills and other legal forms to consumers by mail?
The opinion concluded that it would be improper for a law firm to help a business corporation market legal forms where the sale includes advice and counseling, drafting, and execution instructions,…
Can court referees and magistrates solicit financial support from law firms for their association's educational conference?
The opinion concluded that it is improper under Ohio Ethics Law (R.C. 102.03(D) and (E)), Canon 2B, DR 8-101(A)(3), and Canon 5B(3) for referees and magistrates to solicit or accept low registration…
When a lawyer is hired by a parent to pursue a child's injury claim but the parent then wants to drop it, who is the client and what must the lawyer do?
The opinion concluded the minor child, not the parent, is the client; when the parent's interest in dropping the claim conflicts with the child's, the lawyer should seek appointment of a guardian ad…
My spouse is the state chief hearing officer who assigns cases. Can I, as a private attorney, appear before other hearing officers in her division if she recuses from my matters?
The panel advised that under Rule 1.8(i) the disqualification is personal to the attorney-wife and is not imputed to the office, so the attorney-husband may appear before another hearing officer so…
I took over a case with a prior lawyer's lien on the file. The client says there was no fee deal and objects to paying. Can the prior lawyer be paid?
The panel advised that Rule 1.5(e)'s fee-division conditions are not met because the client never consented to a fee division, that the prior attorney's fee is instead determined by quantum meruit…
I drafted a mortgage assumption agreement for a bank at my old firm. Can I now handle the bankruptcy of the person who assumed that mortgage?
The panel advised that a conflict of interest exists under Rule 1.9, because the propriety of a subsequent adverse representation turns on whether the former and present matters are substantially…
A commission subpoenaed my client's billing records. Must I turn them over without the client's consent, and can I be forced to testify about the representation?
The panel advised that Rule 1.6(a) bars revealing information relating to the representation without the client's consent, so absent a waiver the lawyer must invoke the privilege whenever it is…
I recovered settlement funds split between a divorcing husband and wife; the wife objects to my one-third fee coming from her share. What do I do with the money?
The panel advised that because no written contingent fee agreement was made with the wife (Rule 1.5(c)), the disputed fee must be kept separate under Rule 1.15 until resolved, the undisputed portion…
If a lawyer learns the client is using her work, like an opinion letter, to keep defrauding a bank, must she withdraw, and may she disavow that work even though it hints at the client's fraud?
The opinion concluded that a lawyer who knows or reasonably believes her services or work product are being used or will be used to perpetrate a fraud must withdraw, and may disaffirm documents she…
When a client's collection matter has gone dormant for years, can the firm take a new case against that same client?
The opinion concluded that a collection client whose matter has lain dormant (here, 18 months with little chance of recovery) becomes a former rather than current client, so the firm may sue that…
Can a lawyer who was a city's part-time general counsel later represent a different government agency in a matter he handled, and can his firm?
The opinion concluded that the lawyer himself may not represent another government agency in a matter in which he participated personally and substantially for the city, but his firm may if he is…
May a judge officiate school football games in the evening for modest compensation?
The Committee concluded that the described evening officiating for less than $50 per game did not violate the Code, subject to limits on dignity, judicial duties, and reasonable compensation.
Can a lawyer who sits on the county board that funds the courts still appear as an advocate before those courts in Michigan?
The opinion concluded there is no per se bar to a lawyer-commissioner appearing before courts the county board funds, but the lawyer may not handle matters adverse to the county, matters in which…
When a private law firm defends a court's judges in suits over their official acts, must those judges step aside or disclose when that firm appears before them in unrelated cases?
The judge must disclose the lawyer-client relationship to the parties and their counsel whenever a member of the firm representing the judges appears as an advocate; recusal is then a question of…
My client put the case on hold, left the military, and I can't find them after exhausting every effort. Can I withdraw from the representation?
The panel advised that under Rule 1.16(b)(4), (5), and (6) the attorney may seek to withdraw from the representation, because a lawyer need not serve a client indefinitely when unsuccessful in…
As a volunteer city solicitor handling a zoning fight against a manufacturer, can I take private work drafting an agreement for that manufacturer's trade association?
The panel advised that a conflict of interest exists under Rule 1.11(d)(2), which prohibits a lawyer serving as a public officer from negotiating for private employment with any person who is…
My client's former lawyer quit and now claims a lien on the file. Does the former lawyer still get paid when the lawyer, not the client, ended the case?
The panel advised that Rule 1.5(e) governs and that the fees should be divided according to quantum meruit, the fair value of services rendered before the former attorney's termination of the…
I once handled collection cases for a husband's companies. Can I now represent his wife in her divorce?
The panel advised that under Rule 1.9 the attorney may represent the wife in a domestic matter, provided the attorney does not use any information gained through the previous representation of the…
Can I pay a lawyer who was suspended for the work they did on the case before the suspension?
The panel advised that a suspended attorney may be paid a fee based on quantum meruit for the fair value of services rendered before suspension, and that under Rule 1.5(e)(1) a fee division between…
I want to offer zoning-consulting services to a town and others after seeing a newspaper notice. Do the solicitation and advertising rules apply to me?
The panel advised that the attorney must comply with the Rules of Professional Conduct, including Rule 7.3 on direct contact with prospective clients (with the written-communication requirements of…
Can I advertise and run law-related educational seminars, promoted by newspaper ads and direct mail, if the materials don't push my legal services?
The panel advised that a firm may provide legal seminars to clients and non-clients so long as neither the brochures nor the presentation recommends that the firm be employed; such seminars and…
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.