Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
When does a lawyer have to ask questions before helping a client with a transaction that might be a crime or fraud?
The opinion concludes that Rule 1.2(d) bars assisting a client in conduct the lawyer knows is criminal or fraudulent, that this knowledge can be inferred from circumstances and includes willful…
Can a legal aid society avoid conflict imputation between its divisions and programs by screening them, or by treating each division or program as a separate law firm?
The opinion concludes that screening cannot defeat conflict imputation under Rule 1.10(a), but certain screening elements can help show that a not-for-profit legal services organization's divisions…
Can one law firm represent two clients in separate but related criminal cases arising from the same events, where each client is a witness in the other's case, and can the conflict be waived?
The opinion concludes that concurrently representing both clients is a conflict because their interests differ, and the conflict is imputed firm-wide; whether it can be waived is highly…
Could a judge continue negotiating to buy a home below asking price from an attorney with cases pending before the judge?
No. The Commission said the judge could not pursue the transaction on the stated facts, and recusal from the attorney’s cases would not cure the negotiation’s appearance concerns.
What are a Pennsylvania firm's duties when one of its lawyers is impaired by illness or addiction?
The opinion endorses D.C. Bar Opinion 377 and concludes that managing lawyers must take reasonable steps under Rule 5.1, that an impaired lawyer may need to withdraw under Rule 1.16(a)(2) with…
May an administrative assistant in a county probation office also serve as a poll worker?
West Virginia JIC Opinion 2020-12 says the probation office assistant may not concurrently serve as a poll worker in any election.
What are a Pennsylvania lawyer's ethical duties when working from home or another remote location?
The opinion concludes that lawyers working remotely have the same confidentiality and competence duties as in the office, and must take reasonable precautions, technological and physical, to protect…
Must a campaigning Maryland judge recuse whenever a lawyer appearing before the judge donated to the campaign?
Maryland Judicial Ethics Opinion 2020-04 rejects automatic recusal for every lawyer contribution; recusal and disclosure depend on the circumstances of the particular proceeding.
If a prospective client gave fabricated records to an agency, must the lawyer disclose the fraud, and does it matter whether the lawyer takes the case?
The opinion concludes that a lawyer should not represent a prospective client who gave fabricated records to an administrative agency unless the client agrees to correct them. If the client later…
If I'm a staff lawyer employed by an insurance company to defend its insureds, do I have to follow the company's litigation guidelines, and what if it cuts my support staff?
Per the Committee, a staff lawyer may follow the insurer's guidelines only if the lawyer's affiliation with the insurer is disclosed to the insured, the guideline does not interfere with the…
Can a judge discuss a pending case with another judge, including over a judicial listserv, for guidance?
The opinion concluded that a judge may consult another judge, individually or by listserv, to seek guidance in carrying out adjudicative responsibilities, so long as the judge does not receive…
May a Maryland District Court commissioner work temporarily as a Census Bureau enumerator?
Maryland Judicial Ethics Opinion 2020-06 says a District Court commissioner may not work as a census enumerator because door-to-door contacts could conflict with commissioner duties and undermine…
When a client hires a new contingent fee lawyer, must that lawyer tell the client the prior lawyer may still claim a fee?
Yes. The opinion concludes that successor counsel in a contingent fee matter must inform the client in writing that predecessor counsel may have a claim for compensation and explain how that claim…
Does a judge have to check whether a person can actually pay before jailing them for unpaid court fines, fees, or debt?
Yes. Before using incarceration for failure to pay fines, fees, restitution, bail, or civil debt, a judge must make a meaningful inquiry into the litigant's ability to pay, and may not act under a…
Can a Colorado lawyer act as escrow agent for all parties to a deal while also representing one party in it?
Yes, with informed consent. The opinion concludes a lawyer may serve as escrow agent for all parties and as counsel to one of them in the same transaction if all parties consent after full…
Must a family judge recuse from future matters when another judge’s assistant is related to and a witness for a party?
West Virginia JIC Opinion 2020-10 finds no disqualification on the described facts but directs full disclosure of the relationship and applicable family-court Rule 58 and Trial Court Rule 17 procedures.
May a judicial candidate or campaign committee buy a gun to raffle at a fundraiser?
West Virginia JIC Opinion 2020-09 bars the candidate from buying the gun and bars purchase with campaign funds, but permits the committee to raffle a gun donated to the campaign.
Can a New York lawyer market freelance or per diem services to other lawyers under the name 'Surname Esquire,' and must the lawyer keep a separate bank account and other records?
The opinion concludes a lawyer may market per diem services to other lawyers as 'Surname Esquire'; marketing aimed only at lawyers is not attorney advertising; a freelance lawyer who holds no one…
Can a lawyer take a spot on a counterparty's list of designated counsel for the funders in a financing deal, paid from the deal proceeds, when the counterparty tries to limit the lawyer's role?
The opinion concludes a lawyer may serve as designated counsel recommended and paid by the counterparty only if the third party does not interfere with the lawyer's independent professional judgment…
Can an unrepresented party agree to waive a hearing officer’s disqualification under Rule 21-211(C)?
Yes. The committee found no defect in the described remittal because Rule 21-211(C) requires lawyers to participate only when parties actually have lawyers. It recommended notice explaining the…
May a Colorado judge serve on a foundation board that promotes women, including minority women, to leadership posts?
Yes. The Board found the foundation's mission was not invidious discrimination under Rule 3.6(A), even if that rule applied, but said the board roster should not identify the judge's judicial office.
May a Connecticut family lawyer offer limited-scope divorce services for a flat fee with additional tasks billed later?
Yes, if the scope and fees are reasonable, the engagement is tailored to the client, responsibilities and later charges are explained in writing, and the client gives informed written consent.
When a client or third party files a grievance against a Wisconsin lawyer, must the lawyer withdraw, and what can the lawyer disclose?
The opinion concludes that the mere filing of a grievance does not by itself create a conflict requiring withdrawal or client consent, though it may support permissive withdrawal; but if the…
Can a lawyer refer a client to a third-party broker or lender to finance the lawyer's fee, similar to financing a purchase?
Yes, with safeguards. The opinion concludes a lawyer may direct a client to a third-party broker to finance the lawyer's fee if the lawyer has no interest in the lender, takes no referral fee or…
May a judge nominate a prosecutor in a contested reelection campaign for a military award?
West Virginia JIC Opinion 2020-06 bars the nomination while the prosecutor runs in a contested primary because the public might read it as a judicial endorsement.
Can a lawyer prepare a different deed at the direction of the client's real estate agent instead of the deed the sale contract requires?
The opinion concludes that a lawyer should not draft a deed different from the one the executed contract requires, at the agent's direction and without the client's consent, if the change would…
Can an in-house lawyer sign an employment contract with a non-compete that restricts practicing law after leaving the job?
The opinion concludes that an in-house lawyer may not agree to an employment contract whose covenant not to compete would restrict the lawyer's right to practice law after separation, because…
May a judge sign a letter urging a senator to vote against presidential impeachment?
West Virginia JIC Opinion 2020-05 says the judge must not sign the letter because it could appear to use judicial office to influence the senator, support the president’s election, and interfere…
Must a judge who sued the district attorney recuse from every case brought by that office?
The committee rejected blanket disqualification on the stated facts. It said the judge must recuse when the district attorney or chief deputy personally appears, but may hear cases handled by…
Can a lawyer represent a non-party deposition witness mid-deposition while already representing a party in the same matter?
The opinion does not flatly prohibit it, but warns the arrangement raises serious conflict, scope, confidentiality, and fee issues. The lawyer must identify any conflict, disclose it, and obtain…
May a police chief running for magistrate use uniform photos or campaign while on police duty?
West Virginia JIC Opinion 2020-04 rejects uniform photos and on-duty campaigning because they could imply favoritism toward law enforcement, but permits truthful mention of police experience.
May a justice recruit people for an endowment fundraising committee without personally soliciting donations?
West Virginia JIC Opinion 2020-03 permits recruiting lawyers and others for the committee, but requires disclosure of relationships with its members in pending court matters.
Must a senior status magistrate resign to run for another judicial office?
West Virginia JIC Opinion 2020-02 says a senior status judicial officer may retain the current position while running for judicial office; resignation is required for a nonjudicial office campaign.
Can a North Carolina lawyer agree to an 'attorney eyes only' protective order that keeps discovery material from the lawyer's own client?
Yes. Under Rule 1.2(a)(3), a lawyer may exercise professional judgment to accept discovery under an 'attorney eyes only' restriction if the lawyer concludes it is reasonably necessary to obtain…
Can a New York lawyer holding hundreds of old original wills dispose of them when the testators cannot be located after a diligent search?
No. The opinion concludes that a will is property under Rule 1.15(c), so a lawyer custodian who cannot locate the testator must safeguard the wills indefinitely unless the law provides a way to file…
Can a Pennsylvania lawyer copy or blind-copy a client on emails to opposing counsel, and can opposing counsel reply to all?
The opinion concludes that copying or blind-copying a client on email to opposing counsel risks disclosing confidential information and a client reply-all, so lawyers should limit it, flag it, and…
May a newly appointed Maryland judge retain a real estate partnership with former law partners whose firms rent its property?
Maryland Judicial Ethics Opinion 2019-35 says the judge may not retain the described partnership interest and should relinquish it as soon as financially practicable.
Can a New York contingency-fee lawyer charge interest on litigation disbursements the lawyer advanced but the client did not pay, and must the lawyer use the 9% statutory rate?
The opinion concludes a contingency-fee lawyer may charge interest on unpaid disbursements if a signed written agreement discloses the terms, the client is billed promptly with a chance to pay…
Can a lawyer who is outside counsel to a company communicate with third parties from the client's email address, with the client's logo and a title like 'Corporate Counsel and Chief Compliance Officer'?
Yes, if true. The opinion concludes that under the Rule 7.5(a)(4) safe harbor, a lawyer who devotes substantial professional time to the client may use the client's email, logo, and an accurate…
Could a New York lawyer open a New York branch of an out-of-state firm and practice under the firm's trade name, where the firm's home state permits trade names?
No, under the rule as it stood. The opinion concluded that Rule 7.5(b) barred a New York lawyer from practicing under a trade name in New York even as a branch of an out-of-state firm allowed to use…
Must a judge recuse after receiving a confidential federal investigation letter about a party in a pending case?
West Virginia JIC Opinion 2020-01 says the ATF letter was an ex parte communication and, because its confidential content could not be disclosed to the parties, the judge had to recuse.
After I withdrew from representing a joint venture, its remaining owner demands I disclose whether I helped my other client negotiate a sale. Must I?
No. The panel concluded that, absent the consent of the lawyer's client (Company A), Rule 1.6 prohibits the lawyer from disclosing information relating to Company A's potential sale, including…
Can a New Hampshire lawyer disclose the identity of a client without violating the Rules of Professional Conduct?
Generally no. The opinion concludes a client's identity is information relating to the representation under Rule 1.6, so a lawyer may not disclose it unless the client gives informed consent,…
Can a Texas lawyer run an out-of-state firm's new Texas office as its only lawyer if she is an associate, not a partner, and the firm's partners are not licensed in Texas?
Per the Committee, yes; an out-of-state firm may open a Texas office whose only resident lawyer is a non-partner, provided that lawyer qualifies as a 'firm lawyer' reasonably considered to be 'in'…
Can a Texas lawyer ask current and former clients to leave positive reviews and star ratings on Google or social media?
Per the Committee, yes; the rules do not prohibit a lawyer from encouraging current and former clients to post positive online reviews or ratings, provided the lawyer does not encourage them to make…
Can a Washington lawyer ghostwrite pleadings or motions for a self-represented party in state court without disclosing the lawyer's involvement?
Yes. Washington lawyers may ghostwrite for pro se parties in state court civil litigation under RPC 1.2(c), provided they comply with Civil Rule 11(b) and all other RPCs, including RPC 3.3; the…
In a wrongful death case, can one lawyer represent the personal representative both individually and as fiduciary, and also represent the decedent's children who are statutory beneficiaries?
Qualified yes. The committee concluded a lawyer may represent the surviving spouse in both her individual and personal-representative capacities if she signs an informed RPC 1.7(b) waiver, and may…
Must a Missouri lawyer withdraw when a medical condition prevents attendance at scheduled case events?
Withdrawal is required if the condition materially impairs the representation. It is not required if client consultation and reasonable measures, such as a continuance or additional counsel, prevent…
What must a Missouri criminal-defense lawyer do after receiving a suspected illegal substance in a client's fee-payment envelope?
The lawyer may not unlawfully destroy or conceal potential evidence, must comply with possession and transfer law, and may not assist concealment. Whether return or delivery to police is legally…
May a magistrate also serve as an EMT or volunteer firefighter?
West Virginia JIC Opinion 2020-28 says a magistrate cannot concurrently serve as an EMT or volunteer firefighter because the roles could cause frequent disqualification and appear to favor first…
What must a Missouri lawyer do after receiving a discharge letter from a client who may have diminished capacity?
The lawyer must ordinarily withdraw and surrender the file, but should first communicate directly with a severely diminished client about capacity and the discharge. Rule 4-1.14 permits limited,…
What must a Missouri lawyer do after a laptop and phone that may contain client information are stolen?
The lawyer must take all reasonably necessary steps to block unauthorized access, communicate enough for affected clients to make informed decisions, comply with applicable notice law, and protect…
What must a Missouri lawyer do after learning that client-supplied information filed with a court may be false?
The lawyer may investigate and consult the client to determine the truth. Once the lawyer knows the filing is false, Rule 4-3.3 requires efforts to correct it and, if necessary, limited disclosure…
What must a Missouri lawyer do after learning that a client gave material false deposition testimony?
The lawyer must seek the client's cooperation in correcting the testimony and, if necessary, disclose enough to the tribunal to remedy it despite confidentiality. Truthful testimony at a later…
How does a Missouri lawyer determine whether a bank is approved to hold a client trust account?
The institution must qualify as eligible under Rule 4-1.145(a)(5) and be approved by the Advisory Committee. The lawyer determines approval by consulting the Committee's published list on the Legal…
What may a Missouri lawyer disclose when disputing a client's credit-card chargeback for legal fees?
Without the client's informed consent, the lawyer may state only that professional services were provided and that professional duties prevent further disclosure. The self-defense exception does not…
How must a Missouri lawyer and two firms disclose the lawyer's of-counsel relationships in public materials?
Every advertisement, website, letterhead, business card, profile, or other public material identifying the lawyer must clearly disclose both of-counsel relationships. Each firm must disclose the…
What ethical duties does a California lawyer owe when a third-party litigation funder is involved in the case?
Per California Formal Opinion 2020-204, lawyers must preserve independent professional judgment, comply with the duty of confidentiality, obtain the client's informed written consent before sharing…
What are a California lawyer's ethical duties to prevent and respond to a data breach involving confidential client information?
Per California Formal Opinion 2020-203, lawyers must assess the risks of keeping confidential client information on electronic devices and take reasonable steps to secure those systems. After a…
May a California lawyer advise and assist a client in operating a cannabis business that is lawful under California law but unlawful under federal law?
Per California Formal Opinion 2020-202, yes. A California lawyer may advise and assist a client in conduct permitted by California cannabis laws even though that conduct may violate federal law,…
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.