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 campaign activity may a judge undertake when the judge’s spouse runs for governor?
West Virginia JIC Opinion 2019-22 allows attendance at fundraisers outside the marital home and limited appearance in campaign images, but bars a home fundraiser, parade appearance, or campaign…
Can a New York lawyer put a small amount of the lawyer's own money into a trust or escrow account to stop the bank from closing it for inactivity, without it being improper commingling?
Yes. The opinion concludes that Rule 1.15(b)(3) lets a lawyer deposit own funds reasonably sufficient to maintain the account or cover bank charges; only amounts beyond what is reasonably sufficient…
If a criminal defendant wants to withdraw a guilty plea even though the motion is unlikely to succeed and could lead to a harsher sentence, must the lawyer follow the client's decision?
Yes. The opinion concludes that the plea decision belongs to the client under Rule 1.2(a); once the lawyer explains the material risks and low chance of success under Rule 1.4, the lawyer must abide…
May a Maryland judge appear in a private elementary school advertisement identifying the judge’s position?
Maryland Judicial Ethics Opinion 2019-31 says the judge may not appear in the proposed school advertisement because it would use the prestige of judicial office to promote the school.
Can a North Carolina lawyer offer a prize drawing to people who like, follow, or share the law firm's social media account?
No. If the platform broadcasts a user's like, follow, or share to other users, a lawyer may not offer a prize chance for that activity. The displayed like can be read as a personal recommendation,…
Can a North Carolina lawyer accept Bitcoin or other virtual currency as a legal fee, and can the lawyer hold a client's virtual currency in trust?
A lawyer may accept virtual currency as an earned flat fee if the fee is not clearly excessive and the lawyer complies with Rule 1.8(a) (treating it as a business transaction with the client),…
Can a North Carolina lawyer advertise being named to a 'best,' 'super,' or 'distinguished' lawyer list or organization?
Yes, on conditions. A lawyer may advertise inclusion in a self-laudatory list or organization only if the lawyer pays nothing for the inclusion or accolade itself, the conferring organization made…
May a campaigning Maryland judge have an election committee email fundraising flyers to local bar members, including judges?
Maryland Judicial Ethics Opinion 2019-28 permits the election committee to email fundraising flyers to local bar members, including judges, subject to campaign-content and election-law limits.
May a Maryland District Court commissioner take paid substitute teaching work in a public school?
Maryland Judicial Ethics Opinion 2019-26 permits the described paid public-school substitute teaching because it does not interfere with commissioner duties or constitute prohibited business-entity…
Can lawyers at the same firm file amicus briefs on opposite sides of the same issue before the same court?
Not when the lawyers are representing clients (including firm lawyers as clients), because Rule 1.7(b)(3) bars one firm from being on both sides of a proceeding and that bar is imputed firm-wide;…
May a Colorado judge accept Public Service Loan Forgiveness without reporting it as a benefit?
Once eligible, the judge may apply for Public Service Loan Forgiveness without reporting discharged debt under the Code because the benefit is available on the same terms to similarly situated nonjudges.
Can a lawyer admitted in New York but practicing only at an out-of-state firm with no New York office list the New York admission on the firm's letterhead?
Yes. The opinion concludes a New York lawyer admitted in another state may list the New York admission on out-of-state letterhead even without a New York office, as long as the lawyer discloses to…
Can I pay a marketing agency about $200 per title order a mortgage broker sends me, and build that cost into my closing fee?
No. The panel concluded the arrangement violates Rule 7.2(c) because the lawyer effectively pays the mortgage broker's advertising costs in exchange for title-order referrals, even though the money…
Can a probate court magistrate also serve as an eldercare coordinator for the same court?
The opinion concludes that a probate court magistrate may not also serve as an eldercare coordinator for the same court. Eldercare coordination is an extrajudicial activity not authorized by law, it…
Can a former magistrate who is now a private lawyer represent a party in a post-decree matter from a divorce the magistrate handled?
The opinion concludes that, absent informed written consent from all parties, a former magistrate may not represent a person in post-decree matters arising from a divorce or dissolution in which the…
Can a lawyer accept a fee from a financial services company for referring clients to it for investment or financial products?
The opinion concludes that a lawyer may not accept a referral fee from a financial services group for referring clients. The arrangement gives the lawyer a pecuniary interest adverse to the client…
Can a county prosecutor's office prosecute a juvenile while also representing the county child-services agency in a case involving the same child?
The opinion concludes the State of Ohio is a client of the prosecutor's office, so a conflict arises when the office seeks different outcomes for the state and for job and family services in matters…
When does an appointed criminal defense lawyer's representation end for the no-contact rule, so another lawyer can speak to the former defendant?
The opinion concludes that, absent actual knowledge otherwise, a lawyer must assume a criminal defendant's representation covers all aspects of the case, including cooperation under a plea, so Rule…
Can a retiring lawyer who hands over clients' wills to another attorney collect a referral fee when those wills turn into estate work?
Only if the retiring lawyer assumes joint responsibility for the new representation under Rule 1.5(g), which requires keeping active attorney registration; a lawyer in 'retired' status or who has…
What must a D.C. firm's partners and supervisors do when they reasonably believe a lawyer in the firm is impaired, and do they have to tell clients?
The opinion concludes that an impaired lawyer has the same duties as any other lawyer, and that the firm's partners and managerial or supervisory lawyers must, under Rule 5.1, take reasonable steps…
Could a judge serve as treasurer for a high school legion baseball team?
Nebraska Judicial Ethics Opinion 19-2 conditionally allowed treasurer service if the team was a qualifying nondiscriminatory nonprofit and the judge obeyed fundraising and conflict limits.
May I pay a for-profit internet company a flat fee for each client lead it sends me?
No. The panel concluded a for-profit internet service that holds itself out as a 'Lawyer Referral Service' is an impermissible referral service. Rule 7.2(c) lets a lawyer pay only the usual charges…
May a judge discuss unresolved criminal cases from other states on a national podcast?
West Virginia JIC Opinion 2019-21 rejects the proposed podcast appearance because those cases could later come before a court and commentary could violate Rule 2.10.
When may one judge mediate another judge’s pending case in a local program?
West Virginia JIC Opinion 2019-20 says judicial mediation must be an official duty; a multi-judge circuit could establish that role by administrative order sanctioned by the Chief Justice, or by…
When does a judge have to recuse or disclose because the judge is friends with, or close to, a lawyer or party in the case?
A judge need not recuse or disclose a mere acquaintance with a lawyer or party. A friendship may require disclosure or disqualification depending on its closeness, and a romantic or intimate…
Must a justice recuse from a petition involving a witness once assisted by the justice’s congressional office?
West Virginia JIC Opinion 2019-19 finds no recusal required where a congressional staffer merely passed one constituent inquiry to a state agency and the justice had no personal or substantial involvement.
Can a client give a lawyer blanket, up-front authority to accept any settlement without checking back?
No. The opinion concludes a client cannot delegate all settlement authority to the lawyer, because Oregon RPC 1.2(a) reserves the settlement decision to the client and Oregon RPC 1.4 requires…
May a Maryland judge endorse a former law clerk or another attorney on Avvo?
Maryland Judicial Ethics Opinion 2019-24 bars a judge from endorsing a former clerk or any attorney on Avvo because the public profile would lend judicial prestige to the attorney’s marketing.
Must a judge recuse when the judge's law clerk hires a lawyer who appears in pending cases?
Wyoming JEAC Opinion 2019-02 permits the judge to continue with cases pending before the clerk retained counsel if the clerk is screened from all matters involving that lawyer. The committee says…
Could a Utah judge shake a criminal defendant's hand before the venire to teach the presumption of innocence?
No, for the described practice. The Committee said the gesture and case-specific remarks could undermine the appearance of neutrality even if the judge explained that no favoritism was intended.
Can a lawyer run client funds through an attorney escrow account to help a foreign client get money out of a country in a way that evades that country's currency controls?
No. The opinion concludes the proposed escrow arrangement is a sham designed to disguise the transfers and deceive authorities, so it involves dishonesty, fraud, and deceit barred by Rule 8.4(c);…
May a Colorado judge teach recusal while an appeal of the judge's own disqualification ruling is pending?
Yes, if the general presentation cannot reasonably be expected to affect the appeal's outcome or fairness. The judge may discuss recusal hypotheticals without prescribing outcomes, and appellate…
Could a Utah judge give police officers an integrity presentation about investigations or testimony?
No. The Committee said the single-component law-enforcement audience and subject matter could suggest special influence with the judiciary; a civil-only docket, broader wording or a few city…
Can a firm that represents a government entity in unrelated matters defend a private client against that same government entity in a fraud investigation, if both clients consent?
The committee concluded Rule 1.7 does not explicitly prohibit the representation, but applies Rule 1.7(c): because the representation only might be adversely affected, the firm may proceed only if…
May a magistrate candidate claim to have served as an assistant prosecutor when never licensed to practice law?
West Virginia JIC Opinion 2019-18 bars the “assistant prosecutor” claim as materially misleading but permits describing the earlier work as an internship or clerkship.
Must a Maryland judge recuse from a criminal trial after hearing a related protective or peace order petition?
Maryland Judicial Ethics Opinion 2019-22 rejects automatic recusal, but requires the judge to assess whether the earlier hearing creates an appearance of impropriety in the criminal trial.
Must a judge recuse after appointing a litigant’s spouse as magistrate while the case is pending?
West Virginia JIC Opinion 2019-17 requires disqualification because the judge appointed the litigant’s spouse and directly supervises that magistrate in a single-judge circuit.
Does a lawyer have to report a criminal defense lawyer who practices in the same firm as the county prosecutor?
The opinion finds a reporting duty when a lawyer has actual, unprivileged knowledge that the defense lawyer takes court appointments while affiliated with a prosecutor or represents retained…
Does an Ohio lawyer have to return a former client's file on request, how long must it be kept, and who pays to convert digital files?
The opinion concludes that the file is the client's property and must be promptly delivered on a former client's request, including digital files in an accessible format. There is no minimum…
Can a part-time city law director, or other lawyers in the director's private firm, represent private clients in matters before the director's municipality?
The opinion concludes that a part-time law director may not represent private clients in matters related to the employing municipality, and should not seek the municipality's consent to do so. The…
When I leave my firm, can I take the firm's only copy of the client files I worked on and delete those files from the firm's systems?
Per the Committee, no; a departing lawyer may not remove the firm's only tangible copy of client files or delete client files, documents, and data from the firm's electronic repositories and devices…
When a former employee of the opposing party offers a California lawyer access to electronic data that supposedly shows the opposing party withheld responsive documents in discovery, what must the lawyer do before taking it?
Per the opinion, the lawyer must first assess whether the data was lawfully obtained and whether reviewing it would assist in a crime; must analogize to Rule 4.4's inadvertent-production rule if…
Can a New York lawyer or legal-services agency provide financial assistance for living expenses to an indigent client in an administrative proceeding?
No, not for living or non-litigation expenses. Rule 1.8(e) bars a lawyer (and others in the firm) from giving an indigent client financial assistance beyond court costs and litigation expenses. But…
Can a North Carolina lawyer view or request access to the social media of an opposing party or witness, and what is off limits?
A lawyer may view the public portion of a person's social network presence and, using a true identity, request access to an unrepresented person's restricted content. The lawyer may never use…
Can a New York lawyer require a client to pay legal fees in cryptocurrency like Bitcoin?
A fee agreement requiring payment in cryptocurrency is a business transaction with the client subject to Rule 1.8(a) when the client expects the lawyer to exercise professional judgment on the…
Can a part-time village attorney defend private clients on traffic and criminal charges in the same town court where fines from village offenses are shared with the village?
Yes, if the village attorney does not represent the village in those courts and the financial overlap is managed. The opinion holds the fine-sharing formula can create a Rule 1.7 differing-interests…
May a Wyoming judge's spouse volunteer as a CASA advocate in the judge's district?
Wyoming JEAC Opinion 2019-01 permits the spouse's CASA work on limited facts, but the judge should not preside over any case involving the spouse. Broader spouse involvement with people in…
Can a lawyer keep a private practice while serving as town supervisor, and represent private clients located in or appearing before the town?
Yes, subject to other law, but the opinion holds the lawyer may not represent any private client in a matter involving the town, may not act officially on matters handled privately, may not…
When does a Wisconsin lawyer seeking a job with an opposing firm or party have a conflict of interest in the case they are handling?
The opinion concludes that a lawyer with an active, material role in a matter has a personal-interest conflict under SCR 20:1.7(a)(2) once the lawyer sends a targeted, specific expression of…
Can one lawyer represent both spouses in a divorce, even when they fully agree on the terms?
The opinion concludes that a lawyer may not represent both spouses in a divorce, even a friendly one, because divorce is litigation in which one spouse's claim is asserted against the other, a…
Can the same lawyer serve as municipal prosecutor and as planning board attorney in the same municipality?
Yes. The Committee held there is no per se bar; a municipal prosecutor is limited-scope (not plenary) counsel, so the lawyer may also serve as planning board attorney, subject to case-by-case…
Can a New Jersey lawyer buy a competitor's name as a search-engine keyword so the lawyer's own website appears when someone searches that competitor?
Yes. The Committee held that buying a competitor's name as a keyword does not violate the RPCs, but inserting a hyperlink on a competitor's name to divert the user violates RPC 8.4(c). The Supreme…
When must a judicial candidate disavow a false statement by an independent PAC?
West Virginia JIC Opinion 2019-15 says a disavowal duty arises for a known, significant factual falsehood or material misrepresentation; a timely press release and prompt cease-and-desist letter…
When a new lawyer takes over a contingent-fee case from a prior lawyer, do the fee-splitting rules apply, and what must the client be told?
The opinion concludes that when a successor lawyer replaces a prior lawyer in a contingent-fee matter, this is not a Rule 1.5(e) fee division (which covers lawyers working together), but the…
I was a corporation's outside counsel years ago. May I now represent a buyer suing that corporation over a contract I never handled?
The panel concluded no conflict under Rule 1.9 because the buyer's breach claim is not the same as or substantially related to the lawyer's prior work for the corporation. The lawyer gained no…
May I walk around my office neighborhood and personally solicit legal business from local business owners, leaving a letter?
Yes. The panel concluded Rule 7.3(a), which bars in-person solicitation for pecuniary gain, contains an exception for business organizations, so the lawyer may solicit business owners and operators…
Could an on-call judge discuss an arrestee’s criminal history and bond amount privately with a prosecutor over a weekend?
Nebraska Judicial Ethics Opinion 19-1 barred the substantive ex parte bond discussion, while distinguishing review of an authorized warrantless-arrest affidavit.
May a judge speak to reporters about an abuse case backlog while a related show-cause order is pending?
West Virginia JIC Opinion 2019-16 says Rule 2.10(A) bars the judge from commenting on the matter while the show-cause proceeding remains pending.
Which settlement terms restricting a plaintiff's lawyer (no other clients, no solicitation, keep everything confidential, no disparagement) are allowed under Rule 5.6?
The opinion concluded that a lawyer may not offer or agree to direct or indirect restrictions on the lawyer's right to practice. Settlement terms requiring the lawyer to affirm having no other…
May a magistrate teach paid handgun safety classes outside court hours?
West Virginia JIC Opinion 2019-14 permits the classes if they do not interfere with magistrate duties, with screening for pending cases, recusal where appropriate, and annual income reporting.
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.