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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When a former client files an ineffective-assistance claim, what may a Maine lawyer disclose, and to whom?
A former lawyer's duty of confidentiality survives the representation. An ineffective-assistance claim may waive privilege only to the extent of the claim, so the opinion's best practice is to make…
May a magistrate-elect continue as mayor or council member before taking office?
West Virginia JIC Opinion 2020-21 permits service as mayor or council member until the magistrate’s oath but bars concurrent service afterward and flags possible recusal in city cases.
May a magistrate-elect keep working as a bail bondsman until taking office?
West Virginia JIC Opinion 2020-20 requires the magistrate-elect to resign the bail bondsman position immediately to avoid apparent impropriety and further case disqualification.
Can a lawyer pay a referral fee to a lawyer who has since taken 'retired' registration status with the Office of Court Administration?
Yes, if the referring lawyer assumed joint responsibility for the matter. The opinion concludes that an OCA-retired lawyer is still a member of the bar, so Rule 5.4(a) does not bar the split, and…
Can a Texas lawyer set up a booth in a public place after a storm, staffed by a nonlawyer, to hand out brochures and attract property-damage clients?
Per the Committee, yes; a lawyer may have a nonlawyer staff a booth that displays signs and hands out brochures and gives information, even speaking to visitors, as long as neither the lawyer nor…
May a judge host a private online makeup party and receive purchase credits?
West Virginia JIC Opinion 2020-19 permits the online party only if invitees are family or close friends whose participation would not cause disqualification from a proceeding.
May a Maryland judge running for election join a charity walk and post it on the campaign website?
Maryland Judicial Ethics Opinion 2020-14 permits walking and giving personally, with solicitation limited to family and eligible judges, but bars campaign-site promotion and public listing of the…
Can a law firm pay an annual fee to a real estate agency and offer discounted legal services in exchange for being promoted as a service provider in the agency's benefits program?
The opinion concludes a law firm may not enter such a 'strategic partnership agreement.' Paying for promotion and offering discounts to be listed gives a thing of value for a recommendation under…
Can an Ohio lawyer offer financial planning services and sell financial products like annuities to law firm clients, and how can the lawyer charge for that?
The opinion concludes a lawyer may provide financial planning through a law firm on a fixed, flat, or hourly fee, with all services then subject to the Rules of Professional Conduct. A lawyer may…
Can an Ohio law firm keep a retired or inactive lawyer's surname in its name and on its letterhead, and can a retiring lawyer be 'of counsel'?
The opinion concludes a firm may keep a retiring lawyer's surname in the firm name in a continuing line of succession even after the lawyer takes 'retired' or 'inactive' registration status, and may…
When a lawyer leaves a law firm, who notifies the clients, and what can the departing lawyer and the firm say about continued representation?
The opinion concludes that both the departing lawyer and the firm have an ethical duty to ensure affected clients are informed of the departure, and they may notify clients jointly or separately.…
Does a lawyer have to tell the client when the lawyer is friends with, or in a relationship with, opposing counsel?
It depends on how close the relationship is. The opinion sorts relationships with opposing counsel into intimate relationships, friendships, and acquaintances. Intimate relationships generally…
May a mental hygiene commissioner also work as an assistant public defender in the same circuit?
West Virginia JIC Opinion 2020-18 says the two positions cannot be held concurrently in the described circuit, where the defender office provides backup representation in mental hygiene cases.
May a Maryland judge join a Black Lives Matter protest, march, or rally?
Maryland Judicial Ethics Opinion 2020-13 says a judge should not join the type of Black Lives Matter event described, because its focus on policing and the justice system could cause a reasonable…
Can a lawyer also work as a wealth manager, charge the same clients for both, send clients to a financial planner for a referral fee, or sell financial products to non-clients?
The opinion concludes a lawyer may not provide legal and wealth management services to the same client for separate fees (an unconsentable conflict), may not take a referral fee for sending a law…
What must a Colorado lawyer do after a data breach exposes client information?
The opinion concludes a lawyer must make reasonable efforts to prevent, monitor for, stop, and investigate any breach of data the lawyer controls, and must timely notify current clients and affected…
After a client dies, can a Kentucky lawyer reveal the client's confidential information or waive the attorney-client privilege?
Yes to both, within limits. The lawyer may reveal information when reasonably believed necessary to carry out the purposes of the representation, and both the lawyer and the decedent's personal…
May a chief circuit judge appoint the judge’s law clerk as interim magistrate during unpaid leave?
West Virginia JIC Opinion 2020-17 says an unpaid leave does not make the law clerk independent enough for interim magistrate appointment and rejects a resignation or recusal used merely to evade…
What did Colorado's withdrawn 2020-02 opinion say about judicial staff protests and posts?
At issuance, the Board read the prior Rule 2.12(A) to make judges responsible for staff conduct under their control and restricted political marches and posts. The Board withdrew this opinion and…
Must a judge recuse from every county attorney case when the judge’s spouse works there as an administrative and legal assistant?
Nebraska Judicial Ethics Opinion 20-2 required recusal from cases handled by the deputy county attorney whom the spouse assisted, but not every case from the office.
What conduct does Model Rule 8.4(g) prohibit as harassment or discrimination, and how far beyond the courtroom does it reach?
The opinion concludes Rule 8.4(g) makes it misconduct for a lawyer to engage in conduct related to the practice of law that the lawyer knows or reasonably should know is harassment or discrimination…
Can a lawyer run a separate website that helps pro se litigants generate court filings through an automated system without forming an attorney-client relationship?
Sometimes. The opinion concludes a lawyer may operate a separate business offering generic do-it-yourself forms only if it is not used to solicit the lawyer's legal practice; once an attorney…
When can third-party comments, tags, or endorsements on an Indiana lawyer's social media create ethics violations?
The lawyer must prevent or correct third-party content that the lawyer could not ethically post. Liking, retaining, or failing to remove prohibited content can be treated as adoption.
What must a magistrate-elect do with a bail bond company and outstanding bonds before taking office?
West Virginia JIC Opinion 2020-16 requires immediate divestiture steps, removal from outstanding bonds before the oath and recusal from matters in which the magistrate posted bond; it advises…
Can a Wisconsin lawyer cross-examine a current or former client who is an adverse witness in another case?
The opinion concludes that cross-examining a current client is always a conflict under SCR 20:1.7 that requires both clients' signed informed consent to continue, and cross-examining a former client…
May a judge draft the deed to sell the judge’s own home?
West Virginia JIC Opinion 2020-15 permits the judge to draft the deed as an uncompensated act on the judge’s own behalf that does not use judicial prestige.
How must a former government lawyer respond to a subpoena or court order seeking confidential information from a matter they handled in government service?
The opinion concludes a former government lawyer may disclose a former client's confidential information when reasonably believed necessary to comply with a court order, but must first consult the…
Does a lawyer who gives free, limited-scope legal help through a nonprofit program still get Rule 6.5's relaxed conflict rules if the program pays the lawyer a nominal fee?
Yes. The opinion concludes that paying participating lawyers a nominal or below-market fee does not displace Rule 6.5's actual-knowledge conflicts standard, but the third-party payment triggers Rule…
Can a lawyer refer a client to a litigation funding company owned by the lawyer's sibling for a non-recourse loan to cover litigation expenses?
Yes, with a written waiver. The opinion concludes the referral is not barred by Rules 1.8(e) or 1.8(i) because the lawyer has no interest in the sibling's company, but it creates a Rule 1.7(a)(2)…
Can a New Hampshire lawyer research jurors on social media during a trial, and what crosses the line into prohibited contact?
The opinion concludes a lawyer may review a juror's public social media but may not send any access request and must avoid triggering any platform notification the juror would see; the Committee…
After a lawyer leaves a firm, must the lawyer keep representing the firm's clients who did not retain the lawyer's new firm, just because the old firm sent over their files?
No. The opinion concludes that clients who did not retain the departing lawyer's new firm are former clients to whom the lawyer owes only the limited duties owed any former client; the old firm…
Can a Maine criminal defense lawyer keep representing clients while applying for a job at a prosecutor's office?
Yes. A defense lawyer may continue representing clients while seeking a prosecutorial position, but must get the client's informed written consent once the lawyer has a material, active role in the…
Could eviction judges meet a legal aid coalition, adjust scheduling, refer tenants to it, and attach its material to summonses?
Nebraska Judicial Ethics Opinion 20-1 allowed administrative meetings and fair scheduling, but barred specific lawyer referrals, blanket continuance promises, and provider promotions in summonses.
Must a judge recuse from a lawyer’s malpractice case after ruling for that lawyer’s client in another case?
The committee said Rule 21-211 did not require disqualification on the stated facts. The judge’s only contact with the lawyer arose from adjudicating cases, and the judge reported no personal…
Can a law director or assistant law director try a case in which another lawyer from the same office will testify as a witness for the city?
The opinion concludes this is a fact-specific determination. A law director or assistant law director may act as an advocate in a trial where another lawyer in the office testifies only when the…
Can a law firm that represents a public board on general matters also represent landowners opposing a zoning variance sought by an agency the board funds and supports?
The opinion concludes that, on these facts, no direct adversity conflict exists because the board is not a party to the zoning matter, but a material limitation conflict does exist: the firm's duty…
Can a Mississippi lawyer store client confidential information with cloud-based services like Dropbox or Google Cloud without violating the duty of confidentiality?
Yes. The opinion concludes that lawyers may use cloud-based storage for client confidential information, but MRPC 1.6 imposes an affirmative duty to take reasonable precautions in selecting and…
Does a lawyer for an executor owe duties to the estate's beneficiaries, and what may the lawyer do if the executor appears to be hiding assets from the Surrogate's Court?
The opinion concludes the lawyer's only client is the executor, not the beneficiaries; the lawyer may withdraw for non-cooperation or suspected fraud, must disclose the executor's fraud to the…
When does talking to someone who never hired me disqualify me from representing the other side later?
The opinion concludes that under Rule 1.18 a lawyer who learns information from a prospective client that could be significantly harmful to that person is disqualified from later representing an…
Does a New York lawyer have to keep a firm's thousands of old, closed client files indefinitely, or can the lawyer dispose of files no one has asked for?
The opinion concludes that, with key exceptions, no Rule requires a lawyer to keep unsought closed files indefinitely; the lawyer must indefinitely retain intrinsically valuable originals (wills,…
Can a lawyer admitted only in New York practice at a New York office of a D.C.-based firm that uses a trade name, and may the New York office keep a surname-based name and advertise the affiliation?
The opinion concludes that a lawyer admitted only in New York may not practice in New York under a firm trade name, even one permitted where the firm is organized; the New York office may keep a…
Could a Utah judge publicly advocate for ratification of the Equal Rights Amendment?
No. The Committee said a judge could not publicly support or oppose the proposed amendment or join activities promoting its ratification, while distinguishing efforts to advance equality within the…
Could a Utah courthouse display photographs of current county bar members but exclude other practicing lawyers?
No. The Committee said the selective display could suggest that featured lawyers had court favor or influence. It distinguished a historical display of retired lawyers without current-firm references.
Can a D.C. lawyer accept cryptocurrency, like Bitcoin, as payment for legal fees or in settlement of a client's claim?
The opinion concludes there is no per se bar to a D.C. lawyer accepting cryptocurrency, provided the fee is reasonable under Rule 1.5. When the lawyer takes cryptocurrency as an advance fee or…
May a magistrate candidate use a photo of an earlier swearing-in ceremony in campaign ads?
West Virginia JIC Opinion 2020-14 permits the photo if a written caption makes clear it depicts the candidate’s earlier magistrate service in another county and the candidate does not currently hold…
When a municipal corporation counsel learns that municipal employees may have misappropriated public funds, what must the lawyer do, and does having represented those employees in their official capacity change the answer?
The opinion concludes that corporation counsel's client is the municipality alone, so the lawyer should report credible allegations of serious employee wrongdoing up to the highest municipal…
Can a New York lawyer add nonlawyer family members as minority members of the PLLC through which the lawyer practices, so they can get retirement and health benefits?
No. The opinion concludes that Rule 5.4(d) bars a lawyer from practicing in a for-profit entity in which a nonlawyer holds any ownership interest or membership, so a PLLC providing legal services…
Can a New York lawyer ask a client to name an emergency or alternate contact person, and reach out to that person when the lawyer cannot otherwise reach the client?
Yes. The opinion concludes that a lawyer may ask a client to designate an alternate contact and, when ordinary means fail, may contact that person and disclose that the lawyer has been unable to…
May Maryland judges preside over Assistant State’s Attorney oath ceremonies in a courtroom during court hours?
Maryland Judicial Ethics Opinion 2020-02 permits judges to preside over these courtroom oath ceremonies with limits on court resources, remarks, invitations, and the appearance of favoritism toward…
May a Connecticut lawyer receive a referral fee for sending a client to a lawyer in another jurisdiction?
Yes. Rule 1.5(e) permits a cross-jurisdiction fee share when its requirements are met; if the other jurisdiction bars sharing, the Connecticut lawyer may separately charge the client a reasonable…
What are a prosecutor's and defense lawyer's ethical duties toward the victim in a domestic violence case?
The opinion concludes that the alleged victim is the client of neither the prosecutor nor defense counsel; both must avoid implying they represent the victim, may not give the victim legal advice…
Can a Utah lawyer renegotiate a flat fee if the matter turns out larger than expected?
The opinion concludes that a lawyer who unilaterally underestimated the scope of a matter cannot simply renegotiate the flat fee; a renegotiation for the lawyer's advantage is a business transaction…
Can a Kentucky lawyer give advice or information to an unrepresented opposing party?
No advice (other than the advice to get a lawyer), but a qualified yes on information. Under Rule 4.3, once the lawyer makes clear they represent an adverse party, they may explain documents,…
May a judicial candidate use an endorsement from a legislator who is also on the ballot?
West Virginia JIC Opinion 2020-13 permits the described Facebook endorsement from a House delegate because Rule 4.2(B)(4) allows a judicial candidate to use endorsements and the judge did not…
Can a New York lawyer who serves as co-executor of an estate use the lawyer's attorney trust account to hold and pay out estate funds that come to the lawyer only as executor, not as the estate's attorney?
No. The opinion concludes that an attorney trust account is only for funds received incident to the practice of law, so funds the lawyer holds solely as an executor, in a separate fiduciary…
Can a New York lawyer who also works as a village police officer represent defendants in traffic court, in the county where the officer serves or in other counties?
No in the same county. The opinion concludes the officer may not represent traffic court defendants in the county where the village police department sits, because that Rule 1.7(a)(2) conflict is…
Could a judge keep doing bookkeeping for a former law firm now operated by the judge’s parent?
No. The Commission allowed bookkeeping for the parent’s personal finances, but barred services to the former firm and compensation from that firm.
If a New Hampshire lawyer learns information from a prospective client that is adverse to a current client, can the lawyer tell the current client, and must the lawyer withdraw?
The opinion concludes a lawyer may not reveal a prospective client's information to a current client without the prospective client's written informed consent, and must withdraw from the adverse…
If I have to withdraw from a contingent-fee case because of a nonconsentable conflict, can I still split the fee with the successor lawyer, or at least recover for the work I did first?
Per the Committee, a lawyer who withdraws for a nonconsentable conflict may not divide fees based on joint responsibility (the conflict bars it), and may not divide fees in proportion to services…
Does an attorney's litigation involving a judge or the judge's family require the judge to grant a pending recusal motion?
The Commission did not decide the filed motion. It said the judge must assess whether a reasonable person would perceive potential bias or lack of impartiality from the totality of circumstances…
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.