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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Does a discretionary county salary supplement alone disqualify a judge from cases involving the county commission?
The Commission said a pending or granted local salary supplement alone did not disqualify the judge from county-commission cases, although other circumstances could. It expressly overruled Opinions…
Can a lawyer tell a client to contact the represented opposing party directly to talk settlement, and what if the client does it on their own?
The opinion concluded a lawyer may not advise or encourage a client to contact a represented adverse party directly, need not stop a client who does so on their own, but may not assist or advise on…
Did a judge violate the Canons by hearing a divorce after recognizing a party who might have been prosecuted years earlier by the judge?
The Commission found no Canon violation on the stated facts: the possible prior prosecution was remote, the judge disclosed the possibility, both parties and counsel insisted on the judge hearing…
Is a judge disqualified when a lawyer from a firm employing the judge’s spouse as a secretary represents a party?
The Commission required recusal in any proceeding involving a lawyer from the spouse’s employer firm. It found the spousal employment relationship sufficient to reasonably question impartiality on…
May a court-appointed criminal defense lawyer accept a gift from the indigent client, such as cookies, an oil change, or a small amount of cash?
The opinion concluded that unsolicited nominal gifts (a box of cookies, an oil change) are not compensation barred by the appointed-counsel rules, but a cash gift of any amount should be refused…
Can a Michigan law firm advertise and hold a free seminar inviting people who lost money in an investment to learn about possible legal recourse?
The opinion concluded that a firm may run a print ad inviting similarly situated investors to a free seminar explaining the law and possible recourse in general terms, where no individual claims are…
When a lawyer is hired by the personal representative of an estate to pursue a wrongful death claim, who is the lawyer's client, and can the lawyer also represent an heir who disputes the distribution?
The lawyer represents the personal representative as fiduciary, not the heirs; the lawyer cannot also represent an heir challenging the proposed distribution, and must withdraw from all clients if…
Can a New York lawyer refer a real estate client to a title abstract company the lawyer owns and collect a share of the title premium?
The opinion concluded that it is improper, per se, for a lawyer to refer a real estate client to an abstract company in which the lawyer has an ownership interest, because the personal-interest…
Does the lawyer-as-witness rule bar a lawyer from doing pre-trial work, and must she withdraw if she might be called only to impeach a defense witness?
The opinion concluded Rule 3.7's lawyer-witness prohibition does not apply to the pre-trial phase, so the lawyer may continue through discovery; she must withdraw from the trial only if she becomes…
Can a judge or judicial candidate buy an advertisement in a political party's ad book in Michigan?
The opinion concluded that a judge or candidate may place an advertisement in a political party's ad book so long as the ad is a plain 'tombstone' notice that does not amount to a speech on behalf…
When an attorney files a labor-certification permanent-resident visa application for an undocumented worker, requiring representation of both the worker and the employer, what consent and confidentiality duties apply when the later visa petition must disclose the unlawful employment?
The committee concluded that mutual informed written consent of both the alien and the employer is required before the attorney undertakes the representation, because a later step requires…
Can a lawyer give a title insurer a limited title opinion by updating (tacking onto) a prior lawyer's title search instead of doing a full search?
The opinion concluded that a lawyer could render a limited title opinion based on updating a prior search, without personally inspecting every document in the chain of title, if the lawyer fully…
Can an assistant district attorney also serve on the county school board, given that criminal fines and forfeitures are paid to the board?
The opinion concluded that an assistant district attorney may prosecute criminal cases while serving on the county board of education. Any theoretical conflict between the board's interest in…
Can a lawyer require a client to agree in an engagement contract to private resolution of a future dispute under the contract?
The opinion concluded that a lawyer may suggest, and even require by an engagement-letter clause, that future disputes with the client be referred to a private alternative dispute resolution program…
Can a public defender also serve on the county school board, given that criminal fines and forfeitures are paid to the board of education?
The opinion concluded that a public defender may serve on the county board of education even though criminal fines and forfeitures are payable to the board. Any theoretical conflict between the…
Can a lawyer who represents the borrower also give the lender a legal opinion that the loan does not violate usury or banking laws?
The opinion concluded that a borrower's lawyer may render a legal opinion to the lender bank that the loan does not violate applicable laws. Although the bank's and borrower's interests could…
Did a lawyer have to report another lawyer's misconduct when reporting would reveal protected client information?
The committee said Rule 1.6 protection took priority over disclosure under Rule 8.3. It advised encouraging client consent unless disclosure would substantially prejudice the client's interest.
Can a municipal judge sit on the board of a nonprofit that contracts with the city to provide services to the judge's own court?
The opinion concluded that the Code of Judicial Conduct, Ohio Ethics Law, and related statutes prohibit a municipal judge from serving as a member or officer of the board of a nonprofit corporation…
Can a sitting judge be a partner in a for-profit business that provides continuing legal education, and can a judge teach for pay?
The opinion concluded that a judge may not be a partner in a for-profit partnership providing continuing legal education, because Canon 5 C(2) bars a judge from serving as an officer, director,…
If lawyers keep separate practices in the same building, can they split fees, and how must they protect client confidences and share staff?
The opinion concluded that lawyers with separate practices in the same building are not in the 'same firm,' so fee divisions must meet DR 2-107(A); to protect confidences under DR 4-101 they must…
Must a judge step aside when a lawyer in the case works with the judge's spouse, or rents office space from the judge?
The opinion concluded that disqualification is not automatic when a lawyer in a proceeding is employed by, associated with, or in partnership with the judge's spouse; it turns case by case on…
Can a lawyer join a for-profit referral service that advertises for clients, screens callers, and refers them to paying attorneys?
The opinion concluded that an attorney should not participate in a for-profit lawyer referral service that jointly advertises, screens callers, and refers them to attorneys who paid for the service,…
Can an attorney not licensed in Ohio open an Ohio office limited to federal-court practice, and what must the letterhead say?
The opinion concluded that an attorney not admitted in Ohio who sets up an Ohio office for the practice of federal law engages in the unauthorized practice of law under DR 3-101(B), though it does…
Can an attorney who also serves as a county clerk maintain a private law practice?
The Committee concluded that R. 1:15-2 bars a county clerk only from practicing in court, not from an office practice, but the attorney must refrain from dealings with their own clerk's office, such…
When a city attorney prosecutes a county's cases under contract, are the two offices one 'firm' that cannot swap conflict cases?
The opinion concluded the contract did not, by itself, make the City Attorney's and County Attorney's offices one 'firm' under ER 1.10, so they could keep exchanging conflict cases. But because the…
Can a law firm keep a retired or semi-retired partner's name in the firm name, and what must it disclose?
The opinion concluded a firm may keep a retired partner's name in the firm name where there is a continuing line of succession, and the firm name alone needs no further disclosure. But in any…
Can a lawyer apply court-awarded fees held in trust to a client's unpaid balance when the client won't respond?
The opinion concluded the lawyer could apply the court-awarded fees and costs to the balance the client owed, because the funds were awarded to cover his fees, were less than what he had…
Can an Arizona law firm call itself 'ABCD Law Center' using the partners' initials?
The opinion concluded that 'ABCD Law Center,' built from the partners' initials, is a prohibited trade name under ER 7.5(a), because initials do not sufficiently identify the lawyers actually…
Could a judge accept a marriage gratuity or outside office donations, or buy court equipment with personal funds?
West Virginia JIC Opinion 1991-04 barred marriage gratuities and nonprofit donations to the judge’s office, but allowed the judge to use personal resources for office equipment.
Can a lawyer contact a former employee of an adverse corporation, without the corporation's lawyer's consent, to discuss the subject of the representation?
The opinion concluded that the no-contact rule, Model Rule 4.2, does not extend to former employees of an opposing corporate party, so a lawyer may communicate with an unrepresented former employee…
Could a part-time state’s attorney defend criminal cases in another county?
The committee said Rule 1.8(j) allowed criminal defense in counties outside the prosecutor’s appointment, provided the defense did not involve parties or issues the lawyer had handled as a state’s…
Can a district attorney put out a press release describing evidence seized at arrest and saying how the prosecution plans to use it at trial?
The opinion concluded that a district attorney may ordinarily describe physical evidence seized at arrest but may not state how the prosecution intends to use it at trial, which is presumptively…
After Michigan dropped the old rule against threatening criminal charges to gain a civil advantage, may a lawyer warn an opponent of possible criminal prosecution?
Yes, within limits. The opinion concluded that because the MRPC dropped the old DR 7-105(A) ban, a lawyer acting in good faith and without harassment may warn of possible criminal prosecution to…
Can a law firm that pledged its accounts receivable to secure a bank loan give the bank its clients' names and addresses?
No, not without each client's consent after consultation. The opinion concluded client identities can be secrets under the confidentiality rule, so the firm may give the bank account balances and…
Can an estate-planning lawyer sell life insurance to the same clients through a separate business the lawyer has a financial stake in?
The opinion concluded that a lawyer doing estate planning may not recommend or sell life insurance products to his estate-planning clients when the lawyer has a substantial financial interest in the…
As the borrower's lawyer, can I give the lender an opinion letter that the lender's own loan documents are legal, valid, binding and enforceable?
The panel declined to extend blanket ethics-panel protection for furnishing such an opinion, viewing it as inconsistent with the traditional adversary system, but advised that it may be proper under…
Can a Michigan judge who is leaving the bench negotiate for private employment with lawyers or firms that appear before the judge?
A judge may not negotiate for employment with a party or lawyer in a matter the judge is handling personally and substantially; once negotiations begin, the judge should recuse from that party's or…
When a lawyer leaves a firm, can he tell his clients they may follow him, and how should the client files be handled?
The opinion concluded a departing lawyer may tell affected clients they can keep their file at the old firm, move it to his new practice, or take it to any other lawyer; he may prepare a…
Can a firm represent a client suing one division of a bank while another lawyer at the firm represents a different division of the same bank, even with everyone's consent?
The committee concluded that simultaneously representing a borrower against one bank division while representing another division of the same bank was improper, because the two divisions are part of…
Must a Mississippi lawyer holding settlement funds pay a third party's unpaid expenses from those funds when the third party has no legal claim to them?
The opinion concluded Rule 1.15 requires notifying and paying a third party only where that party clearly is legally entitled to the funds; where a third party has no legal claim to the settlement…
Can a Mississippi lawyer advertise through a 'blind' ad like a 'Legal Hotline' that does not give the name of any responsible lawyer?
The opinion concluded blind advertisements that do not name at least one lawyer responsible for the content are not ethically proper, because Rule 7.2(d) requires every advertisement to include the…
Can three separate Mississippi law firms share a single combined letterhead and split fees from work it generates?
The opinion concluded a law firm may not carry the name of more than one firm on its letterhead unless the firms are 'Of Counsel' to each other, because a combined name for separate firms that do…
Can a lawyer seek a conservator for a mentally ill client who refuses a settlement, and is that a conflict because the lawyer earns a fee if the settlement is approved?
The lawyer may seek protective action only if the lawyer reasonably believes the client cannot adequately act in the client's own interest, and because a neutral probate judge decides whether to…
When must a judge step aside because of ties to a former law firm, ongoing buy-out payments, a relative at a firm, or prior service as a city commissioner?
The opinion applies automatic disqualification for a firm the judge belonged to within two years. Fixed undisputed payments usually call for disclosure and recusal unless parties ask the judge to…
Can a state Attorney General seek and receive court-awarded attorney's fees at prevailing market rates rather than at the State's actual cost of providing the legal services?
Formal Ethics Opinion 91-F-125 concluded that the Tennessee Attorney General may request and receive awards of attorney's fees to the State based on prevailing market rates, not limited to a…
After collecting a one-third contingent fee in a personal injury case, can the same firm charge the client a separate fee to provide financial counseling on the recovery?
Yes. The opinion concluded that financial counseling on managing the recovery is a new and separate matter, so a separate reasonable fee for it does not add to the contingent fee or violate the…
After a criminal client confesses to the lawyer and then fires the lawyer, can the former lawyer disclose the confession to the prosecutor?
No. The opinion concluded a client's confession is a confidence the lawyer may not reveal without the client's consent, and that duty survives discharge; the lawyer had neither a duty nor discretion…
When may a Florida lawyer divide a fee with an out-of-state attorney who is not a member of The Florida Bar?
The opinion concluded that a Florida lawyer may divide a fee with a practicing out-of-state attorney who provides services or assumes joint responsibility under Rule 4-1.5, but not with a…
May a lawyer report a client who has not paid fees to a credit reporting service?
The opinion concluded that a lawyer may report a delinquent client to a credit reporting service only if the client is a former client, no confidential information unrelated to collecting the debt…
In Kentucky, under what conditions may a lawyer participate in a for-profit, prepaid legal services plan?
A lawyer may participate so long as the plan complies with the prepaid-plan and advertising rules; in-person or telephone solicitation of members by the plan's sales force is improper, and the…
In Kentucky, how may an out-of-state lawyer practice in the state courts, and may a non-lawyer represent a corporation outside small claims court?
An out-of-state lawyer must be admitted pro hac vice and engage Kentucky co-counsel under SCR 3.030(2); a non-lawyer may not represent a corporation in any court other than small claims court.
In Kentucky, may a lawyer take part in cooperative (group-paid) advertising, and may a lawyer participate in a for-profit lawyer referral service?
Cooperative advertising is permitted in qualified form (lawyers may pay for advertising, but trade names are not approved and participants share responsibility for the content), while participating…
Can a lawyer advertise that he is listed in The Best Lawyers in America or Who's Who in American Law?
The opinion concluded that advertising a listing in The Best Lawyers in America or Who's Who in American Law is a comparative quality claim that cannot be factually substantiated, so it is…
Can a lawyer's letter threaten criminal prosecution to collect a civil obligation like child support?
The opinion concluded that under the current rules a threat of criminal prosecution to gain civil advantage is not unethical per se, because the old DR 7-105(A) ban was not carried forward; it is…
Can a lawyer mail the public a branded wallet and an accident checklist as advertising?
The opinion concluded the mailing was permissible. Giving the public a checklist and an embossed vinyl wallet is not paying someone 'for recommending the lawyer's services' under ER 7.2(c), and a…
Can a lawyer keep disputed unpaid fees by withholding them from settlement funds the lawyer holds for the client?
No. The opinion concluded that a lawyer may not unilaterally set the fee and withhold it from funds held for the client over the client's objection; under Rule 1.15(c) the disputed portion must stay…
May a judge hear a divorce-modification case after the judge’s lawyer son represented a party in the original divorce?
The Commission required disqualification because the son previously represented a party in the same divorce matter. It said this Canon 3C(1)(c) and (d) disqualification could be remitted under Canon 3D.
Must a district judge recuse from a child-support case in which the judge’s spouse previously represented the state?
The Commission required recusal from any proceeding in which the judge’s wife, an assistant district attorney, had previously participated. It said the disqualification could be remitted using Canon…
Could a judge sign an already drafted judgment after an appearing lawyer filed a tenant’s bankruptcy naming the judge’s partnership as creditor?
The Commission said the filing alone did not disqualify the judge from signing a substantially unchanged judgment drafted before the filing or before the judge learned of it. It required recusal…
May a circuit judge serve on the Presbyterian Church synod’s judicial committee?
The Commission found the described service permissible if it did not interfere with judicial duties or risk a conflict with them. The committee exercised no secular jurisdiction and had not heard a…
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.