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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Can two lawyers in the same public defender's office represent codefendants whose interests conflict?
The opinion concluded that a public defender's office is treated as a single law firm, so two staff lawyers may represent adverse codefendants only if they reasonably believe they can adequately…
After foreclosing as trustee under a deed of trust, can the attorney represent the foreclosure-sale purchaser against the former debtor?
The opinion concluded that an attorney serving as trustee under a deed of trust does not represent the debtor as a lawyer, so after foreclosing the attorney may represent a party adverse to the…
Can a lawyer who is elected county commissioner keep representing the county school board, and what must the lawyer do when a school-board matter comes before the commissioners?
The opinion concluded that the lawyer and the lawyer's associate may represent the school board, but the lawyer should not personally represent it on matters coming before the commissioners and,…
When a client sues over the quality of a lawyer's representation, what client confidences may the lawyer reveal to defend itself, and does it matter that the lawyer still represents the client on another matter?
The opinion concluded that the self-defense exception lets the firm reveal confidences to the extent necessary to answer the inadequate-representation charge, even though it is not a party to the…
If a lawyer joins a police organization's panel and handles cases for its members, when is the lawyer disqualified from representing criminal defendants or other adverse clients?
The opinion concluded that joining the panel does not automatically bar a lawyer from criminal defense work, but once the lawyer handles a member's case a current-client conflict bars adverse…
When a lawyer is appointed to defend an indigent client, must that lawyer appear personally, or can a partner appear as substitute counsel?
The opinion concluded that the Rules do not require the appointed lawyer to appear personally; a partner may appear as substitute counsel so long as the substitution does not prejudice the client,…
Can a lawyer who advanced litigation costs sue a solvent client to recover them, and must the lawyer pursue collection?
The committee concluded that because the client remains ultimately liable for advanced litigation costs under DR 5-103(B), the lawyer may take collection action against a solvent client, is not…
Can a Michigan lawyer own a title insurance company and also represent clients who use that company or pass on its title policies?
A lawyer may own a title company if the two businesses are kept separate, but the lawyer may not represent a client who is buying that company's services or opine on the sufficiency of a title…
Can a law firm pay a nonlawyer employee a share of profits without violating the ban on fee-sharing with nonlawyers?
The opinion concluded a profit-sharing plan for a nonlawyer employee is proper if the share is based on overall firm profit rather than tied to fees in a particular case, with no incentive to overreach.
Can a prosecutor keep talking to a represented defendant who started the plea talks, once the conversation turns to the merits?
The opinion concluded no: even though the defendant initiated plea talks his lawyer knew of, once the new State's Attorney expanded the discussion to the merits and re-gave Miranda warnings, the…
Can a part-time State's Attorney refer a wrongful-death case and take a referral fee when an ordinance he could prosecute is at issue?
The opinion concluded no: where the State's Attorney has discretion to prosecute the ordinance violation tied to the death case, taking a referral fee is ethically no different from taking the case…
Can a lawyer hired by a business broker draft the closing documents for both the buyer and seller of a business?
The opinion concluded the arrangement is improper: hired by the broker yet serving both buyer and seller, the lawyer has an unwaivable conflict of undivided loyalty, and preparing documents around a…
May a Kentucky lawyer serve as a divorce mediator or as independent counsel for a party in mediation, and may a mediation service hand out a list of interested lawyers?
Yes. The opinion concluded a lawyer may serve as mediator under Model Rule 2.2 (not as advocate for both spouses), independent counsel must exercise independent judgment, and a service may share a…
When must an Arizona lawyer report an opposing lawyer's suspected misconduct to the State Bar?
The committee declined to opine on the specific conduct, citing its policies against opining on another lawyer's conduct, conduct in pending litigation, or pure questions of law. It commented that…
Could a judge record an unpaid educational interview encouraging young people to finish high school or earn a GED?
West Virginia JIC Opinion 1989-02 found no Judicial Code violation on the stated facts, including no pay, no business affiliation with the producer, and an educational purpose.
Must a judge recuse when a former firm represents a party in an accident case that did not arise during the judge's partnership?
The Commission found no disqualification on those facts because the former firm had not represented the party in that matter while the judge practiced there.
Does a Mississippi lawyer remain responsible to a former client for later dealings or litigation after the original matter ended?
The opinion concluded no; once the lawyer-client relationship is effectively terminated at the end of the matter, the lawyer has no ethical duty to represent the former client in later dealings, and…
Can a county board attorney sign a legal opinion, prepared by the equipment seller, vouching for a lease-purchase the board is entering?
The opinion concluded the board attorney may opine on the transaction's validity for his client the board, by reviewing the bidder's draft or writing his own, as long as the bidder is not also his…
Can a lawyer who is also a party and a likely necessary witness keep representing himself and co-owners if disqualification would cause his clients substantial hardship?
The opinion concluded yes; under Rule 3.7(a)(3) the lawyer may act as advocate despite being a likely necessary witness where disqualification would work substantial hardship on the client, provided…
Can a Mississippi lawyer advertise 'No recovery, no fee' when clients will still owe costs and expenses regardless of the outcome?
The opinion concluded such ads are misleading under Rule 7.1(a) when clients remain liable for expenses, because the public will not distinguish fees from costs, and 'until your case is won' may…
Can a judge serve as trustee of a court-created trust fund that resolves asbestos injury claims against a bankrupt manufacturer?
The Board concluded that Canon 4C does not prohibit a judge from serving as trustee of a claimants' fund created by an out-of-state bankruptcy court to resolve asbestos claims, since the alternative…
Can a judge be paid for writing newspaper articles on legal topics?
The Board concluded that under Canon 4A a judge may write articles on the law, the legal system, and the administration of justice, and under Canon 6 may receive reasonable compensation as long as…
Can the spouse of a county court judge serve as a common pleas judge in the same county?
The Board concluded that nothing in the Code of Judicial Conduct prevents spouses from both serving in a judicial capacity, so the spouse of a county court judge may serve as a common pleas judge in…
Must a judge disqualify in cases involving the police department that employs the judge's spouse?
The Board concluded that a judge must disqualify when the judge's police-officer spouse is likely to be a material witness in a proceeding (Canon 3C(1)(d)(iv)), subject to remittal under Canon 3D,…
Who handles a lawyer's client files when the lawyer dies, resigns, is suspended, or disappears, and can those files ever be destroyed?
The Board concluded that, under Gov. Bar R. V §22, the Office of Disciplinary Counsel or a local bar's certified grievance committee chairman may appoint an attorney to protect a lawyer's clients…
Must a new judge give up shares in the law firm or legal professional association the judge came from, even if the shares earn no income?
The Board concluded that a judge who keeps any interest in a former legal professional association, even through a trust producing no income, creates the appearance of impropriety and risks frequent…
Can a law firm list a non-lawyer office administrator on its letterhead, and can that person have a firm business card?
The Board concluded that DR 2-102(A)(4) sets an exhaustive list of who may appear on a firm letterhead and does not allow non-lawyer employees, so listing a non-lawyer office administrator on the…
What may a judicial candidate's campaign advertising say about titles, an opponent, shared ads, criticism, and fundraising?
The Board set guidelines under Canon 7: a non-incumbent should not use the title 'judge' without showing it is for a different court, must include an opponent's title, and should place 'for judge'…
Can an administrative law judge negotiate for a private job with a law firm that represents a party in a case still before the judge?
The opinion concluded that an administrative law judge may not negotiate for employment with an attorney for a party in any matter in which the judge is participating personally and substantially,…
My former client told me things during our consultation that contradict what I just watched her testify to in court in an unrelated case. Do I have to say or do anything about the discrepancy?
No. The panel held there is nothing the attorney can or should do about the discrepancy between what the former client told her and what the former client told the court, because Rule 1.6's…
My out-of-state firm is opening a Rhode Island office, and the partners aren't licensed here. Can we use symbols like a dot or asterisk after each lawyer's name on our letterhead to show who's licensed where?
The Massachusetts partnership may open a Rhode Island office, but the panel found its dot-and-asterisk system did not satisfy Rule 7.5(b)'s requirement to indicate jurisdictional limitations,…
My firm has practiced for over a decade as a professional service corporation under the fictitious name 'X, Y & Z, P.C.,' where X was a partner who died years ago. Is that firm name still proper under the Rules of Professional Conduct?
Yes. The panel held that the trade name is a permissible exercise of the discretion the Rhode Island Supreme Court's Rules 7.1 and 7.5, Supreme Court Rule 41, and the Professional Service…
As a state agency staff attorney, I have a personal legal claim pending against one branch of a municipality, and I'm about to handle an agency litigation matter against a different branch of that same municipality. Do I have a conflict, and can I proceed with consent?
No conflict arises, and the attorney may carry out her usual agency responsibilities, provided she makes full disclosure of her pending personal matter to all parties involved and obtains their…
Is a Michigan judge who owns an office building disqualified when a lawyer who rents space there appears before the judge?
A landlord-judge / tenant-lawyer relationship creates an appearance of impropriety when the lawyer appears before the judge; the judge must disclose it and may sit only with the parties' consent,…
Does a law firm’s suit against a judge about ten years earlier require recusal from a current client matter?
The Commission said the old adversarial relationship alone did not disqualify the judge. The prior suit had caused the judge no detriment, and the Commission found no reasonable basis to question…
Did authority for a county to grant judges a salary supplement require recusal when the county sued?
Opinion 89-376 required recusal while the county had discretion to grant a $10,000 supplement. Its official PDF is marked overruled by Opinion 91-416, which said a pending or granted supplement…
Did the Commission retain its earlier opinion against assessing costs when a criminal case was dismissed?
No. The Commission withdrew Advisory Opinion 80-94 after citing legislation allowing a dismissal order to be conditioned on the defendant’s payment of docket fees and other costs.
Must a judge recuse when an appearing lawyer represents the judge’s niece as guardian ad litem in the judge’s father’s estate?
The Commission required recusal from cases involving that lawyer or the lawyer’s partner while the estate and the niece’s interest remained unresolved, because the judge and niece had potentially…
Can a lawyer who drafts a client's will be named as the executor of the estate?
The Board concluded that a lawyer may draft a will naming the lawyer as executor without violating the Code, but the lawyer may not consciously influence the client to make that choice; if the…
When can a lawyer who switched firms be disqualified from a matter adverse to a former client, and is the new firm disqualified too?
The Board concluded that a lawyer may not represent a client against a former client where the interests are materially adverse and the matters are the same or substantially related, but said the…
Can a lawyer who represented a mortgage company only to obtain relief from the bankruptcy stay then buy the property at the later foreclosure sale?
The committee concluded that an attorney who only represents a mortgage company in bankruptcy court to obtain relief from the automatic stay is not prohibited by Rule 4-300 from purchasing the…
If a firm's of-counsel lawyer will testify as an expert against the firm's own client, is the whole firm disqualified?
The opinion concluded that when a lawyer-expert witness expects to testify adverse to a client of the lawyer's firm, a disqualifying conflict exists under MRPC 1.7(b) that the client cannot waive,…
May one judge hear a divorce and related harassment cases involving the same people?
The Commission found no disqualification merely because the judge learned facts while handling one of the related cases. It said judicial experience from another case alone did not create the…
Could a Michigan judicial candidate pledge part of the judge's salary to charity, or blame incumbent judges for high salaries, in campaign ads?
The opinion concluded that a judicial candidate's campaign ad pledging to donate a portion of judicial salary to charity is improper under MCJC 7B(1)(c), and that an ad blaming incumbent judges for…
Can a Michigan lawyer pay a flat fee to an out-of-state firm that runs group TV ads and routes injury callers to the lawyer by blind referral?
The opinion concluded the lawyer may not participate, because the venture operates as an impermissible blind referral and solicitation rather than advertising, the ad's 'no fee unless recovery' line…
Can a Michigan lawyer pay an annual fee to a for-profit lawyer referral service that controls the advertising and gives the lawyer no chance to review it?
The opinion concluded the lawyer may not participate, because the lawyer has no mechanism to review the referral service's advertising and because MRPC 7.2(c) lets a lawyer pay only a not-for-profit…
When a lawyer advertises legal services under a trade name, does a responsible lawyer's name have to appear in the ad?
At the time of the opinion, no responsible lawyer's name had to appear in trade-name advertising as long as the ad was not false, fraudulent, deceptive, or misleading; this result has since been…
Can a lawyer let a bank extend immediate credit to one client based on a multiple-client escrow account, or based solely on the lawyer's own creditworthiness on a single closing?
The opinion concluded that a lawyer may not back a client's credit with a multiple-client escrow account, because that uses other clients' funds and is an impermissible conversion, but may let a…
Can a lawyer delegate the closing of a real estate transaction to a nonlawyer?
No. Georgia FAO 86-5 concluded that closing a real estate transaction is the practice of law, so a lawyer may not delegate the responsibility to close the transaction to a nonlawyer, though specific…
Can a law firm pay a temporary-lawyer placement agency a fee tied to the temporary lawyer's hours or pay, and what must the firm tell the client?
The opinion concluded, modifying its earlier view, that an agency's fee (even one calculated from the temporary lawyer's time or compensation) is payment for non-legal placement services, not a…
Can a lawyer mail companies a form letter offering services in a specific practice area like import-export law?
The Committee concluded that a lawyer may send international-business companies a form letter offering import-export and customs-law services, provided the lawyer has no information that any…
Can a Nevada lawyer's letterhead show that the Nevada firm is affiliated with an out-of-state law firm?
The Committee concluded that a Nevada firm whose name complies with SCR 199 (the firm name is that of a Nevada bar member in good standing and a bona fide member of the firm) may show its…
My law partner is one of four partners in a real estate partnership that wants to sue an insurance company, and my law partner won't be a witness. Can I represent the real estate partnership?
Yes. The panel held it was proper for the inquiring attorney to represent the real estate partnership under Rule 3.7(b), which allows a lawyer to act as advocate in a trial where another lawyer in…
Months ago, an out-of-state lawyer paid me for a consultation on Rhode Island domestic relations law and procedure for his client, Mr. Doe, though we never discussed the case's specifics. Now Mr. Doe's wife wants me to represent her in their divorce. Can I take her case?
Not without Mr. Doe's consent. The panel held that the paid consultation created a temporary attorney-client relationship between the attorney and Mr. Doe, and that unless Mr. Doe expressly consents…
I used to represent Mr. Y before the City Planning Board, where Mr. X (a Board member at the time) raised a boundary dispute between his property and Mr. Y's. I no longer represent Mr. Y, and Mr. X now wants me to represent him in that same boundary dispute against Y. Can I take the case?
Not without Mr. Y's consent. The panel held that unless the former client, Mr. Y, expressly consents after consultation, representing Mr. X in the boundary dispute would violate Rule 1.9's bar on…
A former client referred someone to me without expecting anything in return, and the new matter turned out very successful. Can I send my former client a thank-you gift worth under $100?
No. The panel held that Rule 7.2(c)'s clear prohibition on giving anything of value to a person for recommending a lawyer's services bars the gift, even though the former client made the referral…
Can a lawyer take a mortgage on the client's marital home to secure fees in the client's divorce case?
The opinion concluded no; acquiring a mortgage on the marital home gives the lawyer a proprietary interest in the subject matter of the divorce litigation, which the rule forbids, so the Commission…
Could a lawyer receive a share of a real estate commission for work tied to legal services on a purchase?
For the proposed purchase transaction, the committee said the fee arrangement was permissible if it complied with Rule 1.5 generally and Rule 1.5(c) particularly. The short response did not decide…
May a lawyer who is also an accountant advertise both professional roles?
The committee said the new rules did not prohibit cross-advertising as the former DR 2-102(E) had. It allowed the lawyer to advertise both roles if the advertising complied with North Dakota Rule 7.1.
Could a lawyer represent a second will contestant after settling another contestant’s claim?
On the stated nonadverse claims and second client’s consent, the committee perceived no conflict. It said former-client consent under Rule 1.9(b) would be required if the second client’s interests…
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.