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 a firm defend a civil case when one of its partners prosecuted the same client in a criminal proceeding from the same incident?
The committee concluded the firm's representation creates an appearance of impropriety under DR 9-101(B) because a partner had prosecuted the client in the related juvenile proceeding, and that no…
Does a lawyer's duty to protect a client's confidences end when the client dies?
The committee concluded that the duty to protect a client's secrets and confidences survives the client's death, so a lawyer may not reveal a deceased client's confidences unless he reasonably…
What did the Commission say a judge should do when an appearing lawyer’s Alabama license had lapsed?
The Commission said the judge should take whatever legal steps were needed to ensure appearing lawyers were properly licensed under the cited Alabama statute. It did not choose between letting the…
Does a judge’s safe deposit box at a bank party automatically disqualify the judge?
No. The Commission said the box alone does not require recusal unless the interest could be substantially affected by the case outcome. It described remission of that disqualification.
Does a daughter’s college money market fund at a bank party automatically disqualify the judge?
No. The Commission said the fund alone does not require recusal unless the interest could be substantially affected by the case outcome. It described remission of that disqualification.
Does a spouse’s small unsecured loan from a bank party automatically disqualify the judge?
No. The debtor relationship alone does not require recusal. The Commission identified special favors, personal bias, or an outcome that could substantially affect the loan as grounds for…
Does a spouse’s checking account at a bank party automatically disqualify a judge?
No. The Commission applied its answer about the judge’s own account to the spouse’s account: recusal is required if the account could be substantially affected by the case outcome, with remission…
Does a judge’s checking account at a bank disqualify the judge from every case involving that bank?
No. A bank customer relationship alone does not require recusal from every case involving the bank; disqualification arises if the account or relationship could be substantially affected by the…
Must a judge step aside when a bank party employs the judge’s cousin as a vice president?
Yes, when the cousin is within the prohibited degree and an officer of the bank party. The opinion also covers a cousin likely to be a material witness in a transaction at issue, and describes…
Must a lawyer report a disbarred former attorney's misconduct to the disciplinary commission?
The opinion concluded there is no duty to report, because a disbarred person is no longer a 'lawyer' subject to the Code; the reporting rule reaches only licensed lawyers, and the information here…
If a friend of a criminal client hands the lawyer physical evidence of the crime, must the lawyer report it, take it, or turn it over?
The opinion concluded the lawyer must not disclose the friend's information (a protected 'secret'), has no duty to take the evidence, and, if he does take it, may have to turn contraband or 'fruits…
Can a lawyer's investigator interview a former employee of a represented opposing corporation without the corporation's counsel consenting?
The committee deadlocked and issued no binding answer. It published two views: Alternative A would permit ex parte contact with a represented co-defendant's former employee, even a former manager,…
Can a former prosecutor who becomes a public defender represent defendants whose cases were handled by others in the prosecutor's office while she worked there?
The opinion concluded that a former deputy county attorney now serving as a public defender may not represent a defendant (absent the government's consent) where the lawyer obtained confidential…
May a judge keep operating a multilevel marketing business with a spouse while avoiding mention of judicial office?
No. The Committee concludes that the judge’s active selling and recruitment could use the recognized prestige of judicial office to persuade customers and recruits, even without stating the title.
Can a lawyer advertise contingent-fee representation for collecting child or spousal support arrearages?
The committee concluded the brochure's open-ended contingent-fee language may be misleading, because contingent fees in domestic-relations matters are only rarely proper; the advertisement would not…
Can a lawyer contact the current and former employees of a represented corporation in Michigan?
The opinion concluded that, once suit is filed, opposing counsel may not contact current employees whose acts could be imputed to the corporation or whose statements could be admissions without the…
Is it a conflict for a municipal prosecutor to serve in a court where the judge is his second cousin?
The Committee concluded there is no conflict requiring disqualification: New Jersey's recusal rule disqualifies a judge only where the related attorney is a first cousin or closer, so a…
What are a lawyer's duties when a client appears mentally incompetent during a case?
The Committee concluded that the lawyer must try to keep the client informed of the case status unless the lawyer soundly believes she cannot comprehend it or that the communication would harm her…
Can a lawyer who is joining the bench sell a collection practice, including its forms and systems, to another lawyer?
The committee concluded that selling a law practice as a going business or selling work in progress is improper, but selling the physical assets (forms, manuals, automated systems) is permissible…
Can a corporation agree to hold its in-house lawyer harmless for malpractice committed in serving the corporation?
The committee concluded that a hold-harmless agreement limiting an in-house lawyer's liability for personal malpractice in serving the corporation is not proper under DR 6-102(A), even with the…
When a lender prepares the closing documents and the lawyer represents only the lender, does the lawyer owe the borrower any duties, and can the lender waive the lawyer's liability?
The opinion concluded that the lender, having a primary interest, may prepare the documents without unauthorized practice; if the lawyer timely tells the borrower he represents only the lender, the…
Can a lawyer who has entered an appearance skip a hearing because the client chooses to proceed pro se?
The opinion reached no firm answer; the Commission split on whether skipping the hearing is a 'withdrawal' needing court leave, a question for the court, and advised counsel to notify the court and…
Can a Colorado lawyer keep a client's papers as a retaining lien for unpaid fees, and when is asserting that lien ethically off limits?
The opinion concluded that a lawyer may ethically assert a statutory retaining lien on a client's papers when a client who can afford to pay fees fails or refuses to, but may not assert the lien in…
Can the lawyer who represents a vehicle owner in a tort suit also file a coverage declaratory judgment action naming both the owner and the liability carrier as plaintiffs?
The opinion concluded yes, because in the declaratory judgment action over coverage for the non-permissive driver, the interests of the owner and the insurance carrier would not be in conflict.
Can a lawyer who routinely defends an insurer's insureds take a new case suing one of that insurer's insureds, and does it matter if the lawyer also represents the insurer directly?
The opinion concluded that because the insureds, not the insurer, are the lawyer's primary clients, the lawyer may sue another insured of the same insurer; but where the lawyer also represents the…
Can a lawyer limit liability to a client for a title opinion that relies on abstracting work done by non-lawyers?
The Board concluded that a lawyer may not limit liability to a client when rendering title opinions based on abstracting services done by non-lawyers, because DR 6-102 bars a lawyer from attempting…
Can a paralegal or legal assistant sign letters on the law firm's letterhead under their own name?
The Board concluded that a non-lawyer employee may sign correspondence on the firm's letterhead using the employee's own name as long as the signature clearly identifies the person's capacity,…
Must a judge disqualify when the lawyer in the case is the judge's brother-in-law, and can the parties waive it?
The Board concluded that a judge must disqualify from any proceeding in which a person within the third degree of relationship appears as a party or lawyer, which includes a spouse's brother, but…
Must a municipal prosecutor report a criminal defense lawyer who works in the same firm as the county prosecutor?
The Board concluded that a municipal prosecutor who knows a criminal defense attorney is employed by the same law firm as the county prosecutor has a duty under DR 1-103 to report that knowledge to…
Can a law firm offer discounted legal services to members of a teachers' association through a group legal service plan?
The Board concluded that a law firm may participate in a legal service plan offering a free consultation and discounted fees to members of teachers' associations under DR 2-103(D)(4), and may write…
Can a lawyer hold a client's retainer in an interest-bearing trust account and apply the interest to the fee?
The Board concluded that a retainer the lawyer would bill against during the representation belongs in part to the client and in part to the lawyer, so it must be kept in a separate, identifiable…
Must a local government attorney reveal or report a false closed-meeting certification under the Freedom of Information Act?
The committee concluded that, absent a statute requiring disclosure, the government attorney's revelation of a client's fraud under DR 4-101(C)(3) is permissive and must be tempered by the…
Must a former Governor’s legal adviser recuse because the current legal adviser or deputy appears as counsel?
No. The Commission said shared government service alone did not disqualify the judge when those lawyers represented the Governor or the Governor’s office.
Must a judge recuse from a case involving a person the judge previously prosecuted in a different matter?
No, if the present case does not involve the earlier offense or facts. Recusal is required if it does, or if facts learned in the prosecution reasonably call impartiality into question.
Must a judge recuse whenever an appearing lawyer was previously prosecuted by the judge?
No. The prior prosecution to mistrial alone did not require recusal, but the judge must examine whether facts learned in that prosecution would make impartiality reasonably questionable.
Does a former Governor’s legal adviser have to recuse from a staff or cabinet case filed after taking the bench?
No automatic recusal arises from the former role alone. The Commission’s answer assumed no personal bias and no relevant inside knowledge from the Governor’s office.
Must a former Governor’s legal adviser recuse from a pending case involving a staff or cabinet member who is a party in an official role?
Yes. The Commission required recusal when the case was pending during the judge’s service as Legal Advisor, even without the judge’s knowledge or advice about it.
Is a judge automatically disqualified from a case involving the Governor filed after the judge left the Governor’s legal office?
No. The former adviser role alone did not disqualify the judge in a later case, assuming no personal bias and no knowledge of facts or considerations from the Governor’s office concerning it.
Must a new judge recuse from a case involving the Governor that was pending while the judge was the Governor’s legal adviser, even without personal involvement?
Yes. The Commission required recusal in the pending case despite the judge’s lack of knowledge or advice about it.
May a judge advise a public works and airport development project and receive state-paid travel expenses?
The Commission said the advisory role was discouraged but not prohibited under the stated facts, provided the judge gave no legal advice and the role did not interfere with judicial duties. It…
May a judge give a law student a character affidavit for bar admission?
Yes, unless the judge knows of litigation in which the student is involved or likely to become involved. The Commission applied Canon 2C and its commentary.
Must a judge recuse when the judge’s spouse is related by adoption within the fourth degree to a party’s lawyer?
Yes. The Commission required recusal when the lawyer was the wife’s adoptive father or his brother. It declined to interpret the separate judicial administration rule and said a disqualified judge…
Can a lawyer give money to an indigent pro bono client for food and living expenses?
The opinion concluded that it is not improper for a lawyer to give money or tangible items to an indigent pro bono client for living expenses, provided the gift is purely charitable, unrelated to…
Can a lawyer charge a contingent fee to recover marital property left undivided after a divorce is final?
The opinion concluded that a lawyer may ethically represent an indigent client on a contingent fee in a post-decree action to recover property not divided in the dissolution, but only where the…
May a judge hear a case handled by a lawyer at the firm employing the judge’s daughter?
The Committee said the judge should recuse whenever any lawyer from the daughter’s firm appeared, even if the daughter herself was not involved.
If a lawyer believes a client may have given false deposition testimony, must the lawyer correct it or tell the tribunal, and does being fired end that duty?
A lawyer who knows a client gave false testimony must take reasonable remedial measures, and that duty survives discharge; but mere suspicion short of knowledge does not permit revealing client…
Can a Colorado lawyer participate in a prepaid or group legal service plan, and what conditions must the plan meet?
The opinion concluded that a lawyer may participate in a prepaid legal service plan only if the plan complies with the governing rules: the plan member (not the plan) must be the client, the plan…
Can a firm represent a plaintiff against an insured whose claim is handled by the same adjusting company that refers the firm defense work in unrelated cases?
Yes, with valid consent. The opinion concluded the situation is governed by Rule 1.7(b) because the firm's interest in keeping the adjuster's defense referrals could materially limit its plaintiff…
Must a Mississippi lawyer disclose a Mary Carter agreement to the court and opposing counsel even if it has not been sought in discovery?
The opinion concluded a lawyer has a duty to disclose the existence and terms of a Mary Carter agreement to the court and opposing counsel, whether or not it was requested in discovery.
Can a Mississippi lawyer investigate prospective jurors by sending a mass mailing to people in the trial county before trial?
The opinion concluded that investigating prospective jurors may not be done by mass or public mailing, particularly one that disseminates information inadmissible at trial or otherwise increases the…
May a judge write a favorable letter for a lawyer’s presentence investigation after recusing from the criminal case?
The Committee said such a letter would violate former Canons 1 and 2 because it would imply a request for favorable treatment and amount to voluntary character testimony.
Can a lawyer charge a nonrefundable minimum fee that the client pays in advance and the lawyer keeps even if the matter ends before that much work is done?
The opinion concluded that a nonrefundable minimum fee is not improper in all cases, but is permitted only if the minimum is not excessive or unconscionable, nonrefundability is expressly…
May a lawyer negotiate a statutory attorney-fee claim before or at the same time as settling the underlying case?
The opinion concluded such negotiations are no longer unethical in Maine; after Evans v. Jeff D. removed the legal basis for the contrary Opinion No. 17, the Commission disapproved that opinion and…
What must a lawyer do if a client intercepts and copies privileged communications between the opposing party and that party's lawyer?
The opinion concluded that a lawyer may not counsel a client to intercept an adversary's privileged communications, even in retaliation; and a lawyer whose client did so on its own may not use the…
Can effective screening procedures avoid imputed disqualification of an entire law firm when a lawyer, paralegal, or other staff member who worked on a matter at a former firm joins a firm now opposing that matter?
The opinion concluded that screening is a viable method to avoid imputed disqualification under DR 5-105(D), overruling the Board's prior categorical rejection of screening in Opinion 87-F-110. It…
Can a lawyer interview a represented corporation's former employees and former managers without the corporation's lawyer's consent?
The opinion concluded that a lawyer may communicate ex parte with former managers and former employees of a represented corporation without the corporation's lawyer's consent, unless those…
Can a lawyer reveal client confidences to defend against a criminal accusation the client has made against the lawyer?
Yes. The opinion concluded that Rule 1.6(b)(2)'s self-defense exception lets a lawyer reveal confidential information to establish a defense when the client accuses the lawyer of criminal conduct,…
Can a lawyer threaten criminal prosecution to gain an advantage in a civil case?
The opinion concluded that a lawyer may not bring, participate in bringing, or threaten to bring criminal charges solely to gain an advantage in a civil matter or for harassment, even though the…
Can a lawyer who refers a personal injury case away because of a conflict still collect the 25% referral fee?
The opinion concluded that a lawyer who refers a personal injury case because of a conflict may not take the 25% referral fee; the lawyer may receive only the reasonable value of services performed…
Can a State's Attorney call a represented juvenile defendant directly to get her testimony against the others arrested with her?
The opinion concluded it is improper: the juvenile's matter remains pending while she is under court supervision, so the no-contact rule bars the State's Attorney from communicating with her about…
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.