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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Was a petition to modify a domestic case a new matter for a family law master whose former partner had participated in the original case?
West Virginia JIC Opinion 1991-13 said the modification petition was not a new matter, but the family law master could serve after full disclosure and consent under former Canon 3D.
Could a magistrate assistant’s spouse serve process in the same magistrate court?
West Virginia JIC Opinion 1991-12 said the spouse’s process serving in all magistrate court cases was improper under former Canon 2.
Could a judge participate in a local telethon benefiting muscular dystrophy?
West Virginia JIC Opinion 1991-11 said the described telethon participation was not permitted.
Could a retired judge practice law in a county where the judge was not eligible for recall to judicial service?
West Virginia JIC Opinion 1991-10 allowed practice in counties where the retired judge was not eligible or declined recall, and allowed recall outside counties where the judge actively practiced.
How should a New York lawyer dispose of closed client files, and how does dissolution of the firm change those obligations?
The opinion concluded that a lawyer may destroy closed files after offering client-owned documents to the client and preserving documents needed to protect substantial rights or required by law,…
I had an initial consultation with someone who didn't hire me. Can I now represent an organization against that person in the same matter?
The panel concluded that a conflict of interest exists under Rule 1.9, because a substantive initial consultation is sufficient to constitute representation for this purpose, the interests of the…
Does a judge have to recuse just because the judge personally knows a lawyer or party in the case?
The opinion concluded that a judge's personal acquaintance with a lawyer or party, without more, is not grounds for automatic recusal; the judge should disclose any concern about the appearance of…
In a residential loan closing, what must the lender's attorney tell an unrepresented borrower, and when can the same attorney represent both sides?
The committee concluded that if the attorney represents only the lender, that should be communicated to the borrower, but the rules do not require the lender's attorney to advise the borrower of the…
Can a law firm pay a nonlawyer consulting firm a contingent share of the tax savings it helps win for clients, and how must the firm handle the consultant's ethics obligations?
Paying an independent-contractor consultant a contingent share of fees violates the rule against sharing legal fees with nonlawyers; the firm must affirmatively communicate its ethical obligations…
Can I run an advertisement seeking parties to join a class action?
The panel concluded that the proposed advertisement is proper, because the comment to Rule 7.2 notes that soliciting class-action members is not prohibited, as long as the requirements of Rule 7.3…
Two law firms are merging. Before the merger takes effect, can lawyers in one firm service the other firm's clients, and who bills them?
The panel advised that it is proper for the attorneys in one firm to service the clients of the other firm before the merger's effective date, with the clients' knowledge and consent, and that…
I was a Superior Court law clerk. Can I now represent a party in a case that was pending before the judge I clerked for?
The panel advised that under Rule 1.12(a) the attorney should not represent any party in a matter that was pending before the judge for whom the attorney clerked, because the attorney often…
I have a fee-division agreement with another lawyer who was later suspended from practice. Can the agreement still be carried out, and how are the fees split?
The panel advised that the fee-division contract cannot be carried out after the date of the other attorney's suspension; the fees should be divided according to the fair value of services rendered…
Can a lawyer sue a former workers'-compensation client years later in an unrelated car-accident case?
The opinion concluded the lawyer may represent the driver and owner of a vehicle against a former client, because a decade-old workers'-compensation representation is not substantially related to…
If a lawyer ends up representing two parties suing each other in the same case, can the lawyer fix it by withdrawing from just one of them?
No. The opinion concluded a lawyer may not represent parties, including estates, against each other in the same litigation regardless of motivation, that the conflict cannot be waived, and that…
May a retired district judge lobby for judicial retirement benefits or other bills affecting the courts?
The Commission said a retired judge not serving in active duty status was not barred by the Canons from lobbying. It also said an active retired judge could communicate with legislators on…
May a district judge serve food at a Junior League fundraiser after being identified as a judge on the invitation?
The Commission found no Canon violation in the described service, with cautions that the judge act with dignity and avoid appearing to endorse a restaurant or other commercial participant.
Can a lawyer who currently represents a state agency also represent someone in an unrelated matter adverse to that agency?
The opinion concluded the lawyer may not represent a client contesting a founded child-abuse complaint by the Department of Human Resources while currently representing the Department in other…
Can a lawyer who is now an assistant district attorney represent himself pro se in a civil case filed against him personally?
Yes. The opinion concluded that a lawyer-litigant has the same right as any other individual to represent himself pro se, and noted that whether a statute barring district attorneys from outside…
Can a borrower's lawyer render a legal opinion to the lender bank, and does doing so create an attorney-client relationship or conflict with the bank?
The opinion concluded that the borrower's lawyer may ethically render the requested legal opinion to the bank with the borrower's consent. Rendering the opinion does not create an attorney-client…
Can a lawyer let his own client contact the opposing represented party to negotiate a settlement without the other party's lawyer's consent?
The opinion concluded that opposing parties may communicate with each other, with or without their lawyers' consent, including to negotiate a settlement, and a lawyer may passively allow his client…
Can an insurer-retained defense lawyer waive an affirmative defense, like the statute of limitations, on behalf of both the insurer and the insured without the insured's consent?
The opinion concluded that, unless the insured has contractually surrendered to the insurer the authority to waive affirmative defenses, the defense lawyer should not waive such a defense without…
Can two lawyers hold themselves out to the public as a law partnership if their agreement mainly shares office expenses?
The opinion concluded that two lawyers may hold themselves out as partners only if their association is in fact a firm. Whether a given arrangement is a bona fide partnership is a legal question…
Can a lawyer pay for recorded advertising announcements attached to a commercial telephone legal-information service?
The opinion concluded that a lawyer may participate in a telephone service that pairs recorded legal information with the lawyer's recorded ads, as long as the ads are not false or misleading.…
Can the underinsured-motorist insurer's lawyer talk to the defendant directly, and can the liability insurer's defense lawyer represent the defendant on the insurer's motion to bow out?
The opinion concluded that the UIM insurer's lawyer, defending in the defendant's name, may not communicate with the defendant without the defense lawyer's consent because the defendant is…
Can a law firm lease its own associate attorneys through a nonlawyer employee-leasing company that handles their payroll and benefits?
The opinion concluded that a firm may lease back its own associates through a nonlawyer employee-leasing company that handles payroll, taxes, and benefits, because the fee paid to the leasing…
Could family law master offices accept donated furniture and equipment from nonprofit organizations?
West Virginia JIC Opinion 1991-09 reaffirmed that judicial officers should not accept nonprofit gifts of money or equipment, despite the offices’ need for furnishings.
Can someone licensed to practice law in another state but not in Ohio use 'Esq.' on business correspondence in Ohio?
The opinion concluded that it is misleading, under DR 2-101(A), for a person licensed to practice law in another state but employed in Ohio as a collections manager to use 'Esq.' after his or her…
Can a part-time judge appoint a lawyer from the judge's own law firm to serve as a court referee?
The opinion concluded that R.C. 2921.42(A)(1) of Ohio's ethics law prohibits a part-time judge from appointing an attorney in the judge's own law firm to the position of referee, because the…
Can a prosecutor and a criminal defense lawyer who are siblings handle opposite sides of the same case?
The opinion concluded that representation of opposing parties by a prosecutor and a defense attorney who are siblings creates a conflict under DR 5-101(A), worsened when they are former partners and…
Can a municipal public defender that decides who qualifies for free representation then charge a private fee to a defendant it found ineligible?
The Committee concluded that a law firm hired by a municipality as public defender should not represent for a fee a defendant whom it found, after reviewing the defendant's finances, does not…
Can a law firm's employment agreement split contingent fees with a departing lawyer and restrict notifying clients of the departure?
The opinion concluded that an employment agreement may divide contingent fees between a firm and a departing lawyer on a percentage basis tied to how long the case was with each, because that…
May a judge remain in the Knights of Columbus while hearing matters related to abortion law?
The majority allowed active or inactive membership, but called for on-record disclosure in cases under the cited abortion law and consideration of disqualification; two concurrences raised…
Is it a conflict to handle criminal cases when an employee in your office is the sibling of the chief deputy district attorney?
The opinion concluded there is no conflict in handling criminal cases while employing the brother of the chief deputy district attorney, whether the employee is a lawyer or non-lawyer, because Rule…
Can a lawyer in a government advocacy program turn over a written evaluation of a client's case to a program administrator?
The opinion concluded that a lawyer-advocate may not disclose an evaluation of the merits of a client's case (a 'non-merit' statement) unless the client consents or the law requires it, and a lawyer…
When a Michigan appellate judge is sued or threatened with suit, must the judge recuse from unrelated cases involving the lawyers or trial judge in the judge's own matter?
Recusal is not automatic absent actual bias, but the judge should consider voluntary recusal, disclose the relationship, and seriously consider any recusal request; the judge should step aside from…
When can a lawyer or firm be described as 'of counsel' to another lawyer or firm, and how does that affect conflicts of interest?
An 'of counsel' designation is proper only for a close, regular, and personal relationship (not a partner, associate, office-sharer, occasional consultant, or referral source), and of-counsel…
If a lawyer learns that a suspended lawyer is still practicing law, must the lawyer report it to the disciplinary authorities?
A lawyer who knows a suspended lawyer has continued to practice after the effective date of the suspension must report it to the Attorney Grievance Commission, unless the knowledge is privileged.
Can a judge write a character reference or sign a character affidavit for a criminal defendant?
The opinion concluded that a judge should not provide a character affidavit for a criminal defendant because it is a sworn statement not subject to cross-examination, and should decline to give a…
Could a judge endorse another judicial candidate or publicly oppose a candidate judged unsuitable?
West Virginia JIC Opinion 1991-08 answered no to both questions under former Canon 7B(1) and (2).
Could a North Dakota lawyer also hold an insurance license and operate both businesses from one office?
The committee found no prohibition on holding both licenses and allowed the businesses to share an office, but said their letterhead and other communications must keep them separate.
Can a Michigan law firm that co-sponsors a seminar set up a booth outside the room to market the firm to attendees?
The opinion concluded that a law firm co-sponsoring a seminar may set up a booth to market itself, so long as the information complies with MRPC 7.1, attendees are free to stop or walk away, and…
Can a lawyer deposit a retainer or advance fee for work not yet done into the firm's general operating account instead of a trust account?
Generally yes. Georgia FAO 91-2 concluded that a lawyer need not place advance fees in a trust account absent special circumstances needed to protect the client, such as the parties' agreement, the…
Can a Mississippi law firm run a branch office under a trade name like 'Bankruptcy Law Center of Attorney A' that omits the firm name and other lawyers?
The opinion concluded a firm may not operate or advertise a branch office under a name that is misleading as to the identities of the lawyers practicing under it; a name omitting the firm name and…
Can a Mississippi lawyer recommend that a client contract with a lay medical-review company that takes a contingent fee in a malpractice case?
The opinion concluded a lawyer may recommend that a client contract with a lay organization paid on a contingent fee basis, so long as the organization does not engage in the unauthorized practice…
My firm is legal counsel to a state agency and also represents a corporation that might benefit from the agency's decision in a pending case. Is that a conflict?
The panel found no conflict under Rule 1.7(b), because any effect on the corporation from the agency's action was highly speculative and the firm's responsibilities to the agency would not be…
Can my firm put its brochure in the waiting room and mail it to existing clients?
The panel advised that the firm's brochure may be placed in the attorney's waiting room as long as it complies with Rule 7.1 and contains the specialty disclaimer required by Rule 7.4, and that…
A witness in my case does landscaping work for me. Is that a conflict of interest?
The panel concluded that no conflict exists where there is no connection between the witness's employment and the legal services involved, the attorney disclosed the relationship to all parties, and…
I'm holding a minor's personal-injury settlement check, but the child has since been placed in foster care. How should I distribute the funds?
The panel advised the attorney to file an interpleader action joining all appropriate parties, including the insurance company, so the court can determine how the settlement proceeds should be…
I represent a guardian whose fund withdrawals look questionable. Should I file a petition for instructions with the court?
The panel concluded that the attorney should first seek an explanation of the withdrawals from the guardian, and if that is non-responsive, unsatisfactory, or suggests misappropriation, the attorney…
I want to announce and add to my letterhead someone who passed another state's bar but can't sit for the RI bar because his law school wasn't accredited. How do I list him?
The panel concluded that referencing the individual as a member of another state's bar would be misleading under Rule 7.1 because it implies he is eligible to become a Rhode Island lawyer, and that…
I'm a lawyer employed by a state agency. Can I represent private clients before other state agencies?
The panel concluded that so long as no overlapping interests exist between the attorney's state agency employment and the potential clients, the attorney may represent those clients before other…
Can a lawyer threaten to file disciplinary charges, against an attorney or a non-lawyer professional, to gain leverage in a civil case?
The opinion concluded that threatening to file disciplinary charges, whether against an attorney with Bar Counsel or against a non-lawyer with a professional board, solely to gain advantage in a…
If opposing counsel knowingly pleads a false date to dodge a statute of repose, has he violated the rules, and must the other lawyer report it?
The committee concluded that a lawyer who knew the true installation date but pleaded a false one made a knowing false statement of fact in violation of DR 7-102(A)(5) and possibly DR 1-102(A)(4).…
Must a lawyer in a bar-association mentoring or 'Colleagues' program report ethics violations learned through that program's confidential counseling?
Formal Ethics Opinion 91-F-126 concluded that lawyers participating in a local bar's Colleagues mentoring program are afforded a privilege not to disclose confidences and secrets learned through the…
Can a lawyer be named executor or trustee in a will or trust the lawyer drafted for the client?
Yes, with safeguards. Georgia FAO 91-1 concluded a lawyer may be named executor or trustee in an instrument the lawyer drafted if the lawyer did not influence the choice, fully disclosed the…
How must a Minnesota lawyer handle advance fees and non-refundable availability retainers?
Under this now-repealed opinion, advance fee payments had to go into an interest-bearing trust account and could be withdrawn only when earned with notice and an accounting, while availability or…
May lawyers co-own a public-relations and lobbying corporation with non-lawyers if the corporation employs no lawyers and the lawyers perform none of its services?
The opinion concluded yes; Rule 3.2(a)(2) bars lawyer-nonlawyer entities only where the entity offers the lawyers' legal services, so a PR and lobbying corporation that employs no lawyers and offers…
After a New York firm dissolves into two successor firms, can either or both keep using a deceased founding partner's name in the firm name?
The opinion concluded that only one resulting firm, not both, may use a deceased founding partner's name, and only if it shows substantial continuity of membership, clientele, and practice with the…
In Kentucky, may a city attorney who has no prosecutorial duties and does not advise the police defend criminal cases involving the city's police?
No. The opinion maintained a bright-line bar: a city attorney may not defend criminal cases involving the city police, even without prosecutorial duties or a special contractual waiver.
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.