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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What ethical duties do a departing California lawyer and the lawyer's old firm owe to clients during the transition?
Per California Formal Opinion 2020-201, both the departing lawyer and the law firm must put the client's interests first, give timely notice to clients for whom the departing lawyer is principally…
Can screening prevent an of-counsel lawyer's current- or former-client conflict from being imputed to a Missouri firm?
No. An of-counsel lawyer is associated with the firm for Rule 4-1.10, so conflicts under Rules 4-1.7 and 4-1.9 are mutually imputed, and the rule does not permit screening to eliminate that…
May a nonlawyer sign or authorize electronic transfers from a Missouri lawyer's trust account?
Yes, but only when the nonlawyer acts under the lawyer's direct supervision. Access must be limited and closely monitored because the lawyer's duty to protect client trust funds cannot be delegated.
What must a Missouri lawyer do with trust-account funds whose owner cannot be identified?
The lawyer must make reasonable efforts to identify and pay the client or third person entitled to the funds. If those efforts fail after a reasonable time, the funds remain in a trust account and…
What must a Missouri lawyer do with trust-account funds belonging to a client who cannot be located?
The lawyer must continue reasonable efforts to locate the client. If those efforts fail after a reasonable time, the funds remain in an IOLTA or non-IOLTA trust account and are handled under…
What must a Missouri lawyer do when a client disputes an apparently valid lien against settlement funds?
The lawyer promptly distributes the undisputed amount, keeps the disputed amount in trust, and does not release it until the client-lienholder dispute is resolved. If necessary, the lawyer may ask a…
When may a Missouri lawyer disburse a deposited settlement check to the client and take the lawyer's fee?
The lawyer waits until there is reason to believe the deposit is actually collected, then pays the client promptly. The lawyer's fee is removed reasonably promptly only after good funds, billing,…
May a Missouri lawyer pay personal or firm expenses directly from earned funds still in the client trust account?
No. Once deposited funds are good funds and belong to the lawyer, they must be transferred reasonably promptly to a personal or business account before being used for expenses.
May a Missouri lawyer keep personal or firm money in a trust account as a cushion against mistakes or fraud?
No. The only permitted lawyer funds are the amount necessary to pay financial-institution service charges; keeping a cushion for any other purpose is prohibited commingling, and earned lawyer funds…
Does Missouri Rule 4-1.5(e) regulate fee division between a firm and a lawyer accurately designated of counsel?
No. Rule 4-1.5(e) does not govern a fee divided within a genuine of-counsel association, but the fee and every associated lawyer's charge must comply with the rest of Rule 4-1.5.
What elements make a Missouri lawyer's relationship with a firm an accurate of-counsel relationship?
The relationship must be close, regular, and personal, not a partner, associate, shareholder, referral-only, single-case, occasional, or outside-consultant role. The lawyer must remain actively…
May a judicial campaign give unused donated raffle baskets to needy people after a canceled fundraiser?
West Virginia JIC Opinion 2020-11 permits the campaign committee, but not the candidate personally, to give away the donated baskets after obtaining donor permission.
May a Missouri lawyer interview a represented association's former member and director without organizational counsel's consent?
Former-constituent status alone does not bar contact, but Rule 4-4.2 does bar it if the lawyer knows the witness is individually represented in the matter. Any permitted interview must respect…
In what format must a Missouri lawyer provide an electronically maintained client file on request?
The file must be accessible with commonly used, relatively inexpensive technology or provided on paper unless an agreement says otherwise. If the client requests a format, the lawyer must take…
May a Missouri criminal-defense lawyer agree not to give discovery to the client in exchange for advantageous access?
The lawyer must consult the client and explain the proposed agreement enough for an informed decision. Whether law permits withholding discovery covered by the agreement is a factual and legal…
May a magistrate pay to have the magistrate’s name on shirts for a school playground fundraiser?
West Virginia JIC Opinion 2020-08 says the magistrate’s name cannot appear on the shirts because people could view it as solicitation of donations for the school.
May a Missouri lawyer return or destroy client-file discovery under a protective order or settlement agreement?
A protective order may be obeyed after seeking permissible modification when the client refuses consent. A settlement may require return or destruction only with the client's informed written…
May a family court judge donate beef to a domestic violence shelter whose staff and residents appear in court?
West Virginia JIC Opinion 2020-07 rejects the shelter donation because it could appear to favor its court participants, while permitting donation to a neutral charity such as a local food bank.
What duties do a Missouri lawyer and firm have after the lawyer departs, beyond client notice?
They must promptly correct public materials, end the lawyer's trust-account access, update court and bar contact information, and take any additional competent and diligent steps needed to protect clients.
May a Missouri lawyer disclose limited client information to check conflicts during employment negotiations?
Yes, after substantive employment discussions, but only if disclosure will not compromise privilege or prejudice the client. It is ordinarily limited to identities, general issues, and whether the…
Which clients must receive notice when a Missouri lawyer leaves a firm, and what must the notice cover?
All current clients materially represented by the lawyer receive prompt, professionally timed notice seeking their choice of departing lawyer, firm, or new counsel. The notice covers timing,…
What may a Missouri lawyer do when a client threatens suicide?
The lawyer may recommend professional help and may disclose only what is reasonably necessary to prevent death or substantial bodily harm reasonably certain to occur. Rule 4-1.6 permits but does not…
What Missouri license, fee, paralegal-work, and CLE rules apply when a lawyer retires from practice?
Missouri has no retired status; a lawyer may elect inactive status and may not practice law while inactive. Nonlawyer paralegal work is generally permitted, but whether particular work becomes…
May a Missouri firm represent a husband against a wife who previously consulted one of its lawyers about the related dissolution?
Not if the consulting lawyer received information that could significantly harm the wife, unless both parties give informed written consent or the consultation was properly limited and the lawyer is…
What are a New Mexico lawyer's duties to the client when serving as local counsel alongside a pro hac vice attorney?
A New Mexico lawyer who appears as local counsel with a pro hac vice attorney has the same duties under the Rules of Professional Conduct as in any matter; the pro hac vice arrangement does not…
Can an out-of-state lawyer at an Illinois firm, awaiting Illinois admission, work from an Illinois office on her existing cases and on Illinois matters?
Yes. She may work from an Illinois office on cases in courts where she is admitted if those jurisdictions allow it (Rule 5.5(d)(2)), and may support the firm's Illinois matters under Illinois-lawyer…
If a litigation client loses mental capacity mid-case, must the lawyer keep pursuing the strategy the client chose while still competent?
No. The Rules do not require the lawyer to continue the appeal along the lines last discussed when the client had capacity; under Rule 1.14 the lawyer's options include continued advocacy, acting in…
When a client and a prior lawyer with a perfected lien both claim part of a settlement, what must the lawyer holding the funds do?
The lawyer must keep the disputed portion segregated in trust until the dispute is resolved by agreement or court order, distribute the undisputed shares, and may file an interpleader action to let…
If a lawyer learns their estate-planning client is committing fraud against third parties, can the lawyer disclose it, and must the lawyer withdraw?
The lawyer has discretion, not a duty, to disclose confidential information under Rule 1.6(b) to prevent or rectify a client's fraud, and even without disclosing, will likely have to withdraw under…
When a named partner stops practicing law for a non-legal career, must the firm drop their name, and can it list them as 'Of Counsel'?
The firm may not hold the two out as a partnership once one stops practicing, and may not label that lawyer 'Of Counsel' without a continuing, regular relationship; a retired partner's name may stay…
Can a lawyer who buys a firm's assets keep retired partners' names in the new firm's name?
Yes. A lawyer who purchases the firm's assets and continues the practice may use retired partners' names in the new firm name if the new firm is a bona fide successor and the public is not misled;…
Can an Illinois lawyer's demand letter cite a statute's criminal penalties, and can it offer to drop criminal prosecution if the civil demand is paid?
Yes to accurately citing or attaching a statute that carries both civil and criminal liability; no to threatening criminal prosecution, or offering to forgo it, to gain an advantage in the civil…
May Nebraska defendants recommend lawyers and pay counsel for nonparty trust beneficiaries seeking to remove the trustee who sued those defendants?
Yes, if beneficiary counsel has no disqualifying conflict, obtains written informed consent identifying the interested payors and risks, preserves confidentiality, and allows no payor interference…
Can an insurance-defense lawyer paid a flat fee put his own money toward a settlement to close the gap and resolve the case faster?
No. The lawyer may not contribute part of his fee directly to a settlement, because that would create a prohibited personal financial interest in the client's case. He may instead offer to reduce…
When must an in-house lawyer report suspected fraud up the corporate chain, and when may they disclose it outside the company?
Rule 1.13 controls. The lawyer must report up only when they know of conduct that may be imputed to the entity and is likely to cause it substantial injury; outside disclosure is permitted, not…
May a Nebraska lawyer seek leave to appear as amicus curiae in a civil matter before a trial court?
Yes. Trial-level amicus participation is ethically permissible if the court grants leave and the lawyer complies with all professional-conduct duties, including conflicts, candor, tribunal rules,…
Can a lawyer bid on a competitor's name as a search-engine keyword so the lawyer's ad shows up when someone searches for that competitor?
Yes. A lawyer may use competitive keyword advertising that includes other lawyers' or firms' names, subject to all other advertising rules and avoiding derogatory messages; but surreptitiously…
Can a law firm give an unlicensed law school graduate first-year associate work before they pass the bar?
Yes. A supervised law school graduate awaiting admission may do most first-year associate work, except appearing in a legal proceeding, as long as neither the graduate nor the firm misrepresents the…
May a judge’s existing real estate LLC rent former law office space to a new lawyer tenant?
West Virginia JIC Opinion 2019-28 permits this limited rental arrangement with recusal from the tenant firm’s cases, public disclosure, income reporting, and divestiture if frequent recusal develops.
Do Colorado's fee-division rules apply when a firm shares fees with an 'of counsel' lawyer, and can a lawyer be 'of counsel' to two firms?
No special fee-split rules, but watch conflicts. The opinion concludes that a lawyer who is genuinely 'of counsel' (a close, regular, personal association) is treated as in the same firm, so Rule…
When must a new Colorado judge recuse because of earlier work in a district attorney's office?
Former employment alone did not require recusal. Personal knowledge of disputed facts, active supervision, or a role in the case required it; a close prosecutor relationship or materially related…
May a judge join a foundation’s criminal justice grant advisory group as a nonvoting member?
West Virginia JIC Opinion 2019-27 permits nonvoting ex officio service as a nonlegal advisor; the judge may wish to reconsider the role if disqualification becomes likely.
Does Connecticut Rule 5.6(2) prohibit a settlement confidentiality clause barring lawyers from disclosing information available in public court files?
Generally no. The Committee concludes that a nondisclosure clause does not restrict the lawyer's right to practice when it limits disclosure rather than representation of other clients or use of…
When a lawyer acts as a divorce mediator, which ethics rules apply, how must the lawyer disclose the neutral role, and can the lawyer later file the uncontested divorce for one party?
The opinion concludes a lawyer-mediator is governed by Rule 2.4, not the client-representation rules, so the lawyer may run the mediation and set fees freely while disclosing the neutral role;…
May a California plaintiff's lawyer agree to indemnify defendants or their counsel against third-party (Medicare, health insurer) liens as a condition of settling the underlying personal injury case?
No. Such an agreement violates Rule 1.8.5(a) (paying client expenses), creates a non-consentable conflict, and a defense lawyer who demands the indemnity violates Rule 8.4(a) by inducing a rule violation.
Is a licensed lawyer who is not currently practicing law but works as a licensed real estate salesperson bound by the Rules of Professional Conduct?
It depends on the circumstances. The committee concluded that real estate sales work is a 'law-related service,' so under Rule 5.7 a non-practicing lawyer working as a real estate agent may avoid…
Can a company make in-house counsel sign a non-compete or a broad confidentiality clause that limits practicing law after leaving?
No. The Committee concludes that an employment or stock-award covenant not to compete that restricts in-house counsel's right to practice law after termination violates Rule 5.6, and that a…
Can a criminal defense lawyer accused of ineffective assistance disclose confidential client information to the prosecution to defend the claim?
Yes, with limits. The Committee concludes that a criminal defense lawyer facing a former client's ineffective-assistance claim may disclose confidential information under the self-defense exception…
When a lawyer leaves a firm, who notifies the clients, and can the firm impose a long notice period or block the departure?
The opinion concludes that lawyers may leave a firm and clients choose their own counsel. Firms may request only a brief notice period needed for an orderly transition and may not use rigid notice…
May a judge who performs weddings refuse every wedding involving a minor?
The committee said a judge who chooses to perform weddings may not adopt a blanket refusal for a type of wedding, including those involving minors. The judge may decline a particular ceremony when…
May a judge host a courthouse holiday event with gifts for children and give children gifts in court?
The committee allowed the proposed outreach event if framed as a holiday event, invitations were nondiscriminatory, and the stated funding and outreach assumptions held. It also saw no problem with…
May a judge appoint a brother-in-law or his partner as guardian ad litem and hear their cases?
West Virginia JIC Opinion 2019-26 bars both appointments, requires recusal in matters involving the brother-in-law, and requires disclosure when his partner appears.
May a judicial candidate use publicly available court photographs in campaign materials?
West Virginia JIC Opinion 2019-25 permits use of publicly available court photos if other judges or candidates are removed or a visible disclaimer negates any implied endorsement.
May a judge approve recommendations made by a judicial referee who is the judge’s sibling?
The Committee said the judge must be disqualified from reviewing the sibling referee’s recommendations, and disclosure and waiver cannot cure the perceived personal bias.
Can a New York lawyer still help clients comply with the state's medical marijuana law after the federal Cole Memo was rescinded, given that marijuana remains illegal under federal law?
Yes. The opinion reaffirms N.Y. State 1024 and concludes that, given the Rohrabacher Amendment and current federal enforcement forbearance, Rule 1.2(d) permits a lawyer to assist a client in conduct…
May a campaigning Maryland Circuit Court judge use a personal social media account to publicize campaign fundraisers and seek support?
Maryland Judicial Ethics Opinion 2019-30 permits the candidate-judge to use personal social media for campaign fundraising posts and links, including a slate donation page, while complying with…
May a Maryland judge take part in a study of judicial diversity in state courts?
Maryland Judicial Ethics Opinion 2019-27 permits participation in the described diversity study, but the judge must avoid answers suggesting a predisposition in cases and comply with the judicial…
Can a Michigan judge show support for a charity on social media, and may the judge's name and photo appear on a charity's website or social media?
A judge may support a charity on social media if the organization is unlikely to appear before the judge, the judge does not coerce participation, and does not individually solicit funds; the…
Can a Colorado lawyer consult a lawyer at another firm about a client's matter, and what must the lawyer do about confidentiality?
Yes, with limits. The opinion concludes a lawyer may consult a lawyer at another firm about a client's matter. General or hypothetical inquiries that do not reveal information relating to the…
Can a person with a misdemeanor domestic assault conviction serve as a West Virginia magistrate?
West Virginia JIC Opinion 2019-23 concludes that misdemeanor domestic assault involves moral turpitude under W. Va. Code § 50-1-4 and disqualifies the requester from serving as a magistrate.
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.