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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Under the former Ohio Code of Professional Responsibility, could a lawyer indicate on stationery that he had been certified as a Civil Trial Advocate by the National Board of Trial Advocacy?
The Board concluded that a lawyer could not indicate on letterhead that he was certified as a Civil Trial Advocate by the National Board of Trial Advocacy, because under former DR 2-105(A) and EC…
Under the former Ohio Code of Professional Responsibility, could a lawyer send a professional announcement card about a new firm association to commercial banks, savings and loans, and realtors with whom the lawyer had no specific prior contacts?
The Board concluded that under former DR 2-102(A)(2) and DR 2-105(A)(5), a lawyer could send a brief professional announcement card stating a new or changed association to banks, savings and loans,…
Under the former Ohio Code of Professional Responsibility, could a lawyer become a member of the local Better Business Bureau if the BBB referred inquiries and complaints about lawyers to the local bar association?
The Board concluded that a lawyer could join the BBB provided the BBB continued its practice of forwarding inquiries and complaints regarding lawyers to a local bar association, because former DR…
Under the former Ohio Code of Professional Responsibility, could a lawyer or law firm advertise a legal seminar by direct mail to a targeted group and then conduct the seminar, and could the seminar be sponsored by the firm itself without bar association co-sponsorship?
The Board concluded that under former DR 2-101 and DR 2-104, a lawyer or law firm could promote a legal seminar through direct-mail advertising to targeted groups (such as members of a CPA society)…
Can a Georgia lawyer take a security interest in marital property to secure fees in a divorce case?
Yes, with written consent. Georgia FAO 86-7 concluded that a lawyer may acquire a security interest in marital property to secure reasonable attorney's fees in a domestic relations case if the…
Can a plaintiff's lawyer write directly to an insured defendant about the insurer's duty to settle within policy limits?
No legal advice. Georgia FAO 86-4 concluded that a plaintiff's personal-injury lawyer may not write the insured defendant a letter containing legal advice, such as advice about the insurer's…
Can a county attorney in Georgia represent criminal defendants?
Not categorically. Georgia FAO 86-3 found no per se bar to a county attorney, or the attorney's partners or associates, representing criminal defendants, except where the defendant is charged with…
When may a part-time public defender in New York accept a criminal defendant as a private paying client?
The opinion concluded that a part-time public defender may privately represent a defendant who sought the lawyer out for private representation, even if the defendant also explores appointed…
May a New York judge or judicial candidate make political contributions, and do the same limits bind the judge's family?
The opinion concluded that a candidate may fund their own campaign as the law allows but may not contribute to a party once nominated; a sitting judge may not contribute to any party; and a judge…
Can a New York judge belong to a bar association that funds a political action committee and gives it free office space, staff, insurance, and use of its dues statement to solicit contributions?
The opinion concluded that a judge may not belong to such a bar association, because the free services are a contribution by the association to a political organization, and that contribution is…
Can a New York lawyer prepare surrogate parenting contracts and represent both a surrogate mother and the intermediary who arranges the match?
The opinion concluded that a lawyer may prepare a surrogate parenting contract and provide related non-legal consulting only if the lawyer determines the conduct is not illegal, but may not…
Can a New York assistant district attorney rent office space from, or go into business with the spouse of, a defense lawyer who practices in the same county?
The opinion concluded that there is no per se bar; an assistant district attorney may rent non-law office space from an assistant public defender and may employ, or take investment from, the spouse…
Can an attorney who is also a licensed physician list both M.D. and J.D. (and a medical specialty) after his name on letterhead, business cards, and announcements to other lawyers?
Yes. The opinion concludes that an attorney who is also a licensed physician may use the M.D. and J.D. designations and his medical specialty on stationery, cards, and announcements, provided the…
If a clerk notifies a defendant's former criminal lawyer of a probation revocation petition, does the lawyer have an ethical duty to represent the defendant?
No. The opinion concludes that, absent an official court appointment, a lawyer has no duty to represent a former criminal client at a probation revocation proceeding; the original representation…
Can a lawyer who is also a police officer represent a defendant in the municipal court of the town where he serves as an officer?
The Committee concluded the representation is proscribed: allowing a police-officer attorney to defend in the municipal court of his own municipality would create the appearance that justice was not…
Can a lender's attorney do the borrower's title and closing work, billed through the lender, in a mortgage loan?
The Committee answered 'a clear yes,' it is improper: the arrangement was a scheme to avoid N.J.S.A. 46:10A-6, the statute guaranteeing a mortgage borrower the right to choose his own counsel.
Can a lawyer's partner, who as an assistant Commonwealth's attorney prosecuted a man for rape, now help sue that man civilly on behalf of the victim?
The committee concluded it would be improper, because the partner had participated in the criminal prosecution of the same opposing party; a former assistant Commonwealth's attorney may take the…
Must a Virginia lawyer report another lawyer's crime when there is no showing that the crime affected that lawyer's ability to practice law?
The committee concluded that knowing of a crime that does not raise a substantial question about the other lawyer's fitness to practice does not trigger the duty to report under DR 1-103(A); moral…
Can a law firm employ a disbarred lawyer to do legal research and other work?
The opinion concluded that a lawyer may employ or engage a disbarred lawyer in the same capacity as any nonlawyer assistant. It adopted a bright-line rule (the former lawyer may do anything a…
Must a lawyer report another lawyer's failure to file income tax returns to the bar?
The opinion concluded that a lawyer who knows another lawyer failed to file income tax returns must report it to the appropriate professional authority under ER 8.3, because willful failure to file…
Can a plaintiff's lawyer interview a named but unserved, unrepresented defendant without disclosing she is a defendant?
The opinion concluded that it is unethical for a plaintiff's lawyer to interview a person who has been named as a defendant but not yet served and is unrepresented, without revealing the adversarial…
When an assistant Commonwealth's attorney has agreed to join a defense firm, can the firm keep defending cases that the incoming prosecutor is still prosecuting in the meantime?
The committee concluded that DR 5-101(A) required the defense lawyer to disclose the incoming prosecutor's future employment to affected clients and obtain their consent, and suggested the…
Does a judge’s secretary’s son working for a party’s spouse automatically require recusal on a post-trial motion?
No. The Commission said that remote employment link, arising after judgment and without more, did not disqualify the judge from deciding the post-trial motion.
May a circuit judge sign the notary surety bond for a deputy clerk whose work may be challenged in the judge’s court?
No. The Commission said challenges to the deputy clerk’s notarial performance would ordinarily come before the judge’s court, making the surety role impermissible under Canons 5D and 5C.
Can court-appointed or pro bono counsel in a death-penalty case advance the cost of an expert witness when the indigent client has no realistic way to repay it?
The committee concluded that it was not improper for a lawyer to advance litigation costs for an indigent client in a death-penalty case where there was no reasonable expectation of repayment,…
May a judge serve as the legal member or chair of a nursing home ethics committee advising on patient treatment decisions?
No. The Committee concludes that the role would call on the judge to give legal evaluations and advice, amounting to the prohibited practice of law under the then-cited Canon.
Can a lawyer hand-deliver an argument letter to the judge but only mail the copy to opposing counsel?
The opinion concluded that it is improper to delay an adversary's knowledge of a written argument to a tribunal by hand-delivering it to the court while mailing the copy to opposing counsel, and…
If a lawyer who represented the plaintiff joins the firm defending the public board, can that firm keep defending the board in the pending case?
No. The Committee concluded the firm should withdraw from representing the Township Board of Adjustment, because a public body cannot consent to the conflict and a side-switching partner taints the…
Can a firm that represents a regional municipal utilities authority appear for a private client before a zoning board of a member town?
No. The Committee deemed a regional utilities authority an agency of each member municipality, so its counsel may not appear for a private client before that municipality's zoning board of adjustment.
Can a defense lawyer in a personal injury case talk privately with the plaintiff's treating physician without the plaintiff's lawyer's permission?
The opinion concluded the Maine Bar Rules do not prohibit defense counsel from discussing the plaintiff's medical condition with the plaintiff's treating physician; whether such ex parte contact is…
Can a lawyer charge a contingent fee in a case under a statute that lets the court award attorney fees to the winner, and must the fee deal be disclosed to the court?
The opinion concluded a contingent fee is barred only if the fee-shifting statute makes the court's fee determination binding on all parties; otherwise the lawyer and client may contract a…
I represent clients with claims that might become a federal class action. Can I run an advertisement asking others with similar experiences to come forward?
Yes. The panel held the advertisement was proper under Code of Professional Responsibility DR 2-104(5), which permits contacting potential class members to obtain evidence and information in…
Can a lawyer assert a retaining lien on client funds that were entrusted for a specific purpose if some of the money turns out not to be needed?
The opinion concluded that an attorney may not assert a retaining lien against any portion of funds entrusted for a specific purpose, even if some portion proves unnecessary for that purpose, unless…
Can a lawyer prepare a deed and transfer documents at a real estate broker's request, for the seller, when the lawyer never deals with the seller directly?
The opinion concluded the lawyer may do so only after satisfying himself that the broker has authority to retain him on the seller's behalf, and he must still exercise his own independent…
Can one law firm be listed as 'Of Counsel' to another law firm on letterhead?
The opinion concluded that one firm may be listed as 'Of Counsel' to another, reversing the committee's earlier prohibition, provided the designation truthfully reflects a substantial, continuing…
Can a lawyer who sits on a state facility's human rights committee also represent patients of that facility in unrelated proceedings?
The committee concluded it was not improper, because the patient matters the lawyer was handling were not substantially related to the matters the lawyer would consider as a committee member, while…
What can a former in-house lawyer do after learning the company issued a prospectus with false financial information, given the duty of confidentiality to that former client?
The committee concluded that DR 4-101(C)(3) permitted the lawyer to reveal the former client's fraud on third parties related to the representation, and that DR 4-101(D)(1) required the lawyer to…
May a real estate attorney rely on a title search performed by an unsupervised nonlawyer abstract firm when rendering title opinions?
The opinion concluded that an attorney may not rely on a title abstract or search performed by a nonlawyer the attorney neither supervised nor evaluated; doing so is not preparation adequate under…
Could a law firm mail personalized letters offering its services to people who had asked the Chamber of Commerce about relocating to the area?
The opinion concluded that the firm could not, because the personally addressed letters to prospective newcomer clients were prohibited written solicitation under the then-current Rule 2.4(b) and…
Can a North Carolina firm list a renowned law professor licensed only in another state on its letterhead as 'of counsel' or as a 'consulting attorney'?
The opinion concluded that the firm may not list the professor either way, because he is not licensed in North Carolina and maintains no office or practice in the state where he is licensed, so any…
Can a lawyer personally bid on and buy a client's property at an execution sale when no other bidders appear?
The opinion concluded that the lawyer may not bid as a matter of course, but may do so if he first obtains the client's informed consent and reasonably believes his personal interest will not…
How should a lawyer sign correspondence while handling matters for a deceased lawyer's office?
The committee recommended that the lawyer sign every letter handled for the deceased lawyer's office with the lawyer's name and an indication of agency for the estate, so clients and others would…
Can a Colorado lawyer advertise as 'experienced' in personal injury or other litigation areas without substantial trial experience?
The opinion concluded that a lawyer who advertises must be or promptly become competent in the advertised area, that a lawyer without substantial trial experience misleads the public by claiming to…
Under the former Ohio Code of Professional Responsibility, could a lawyer send a written announcement to other lawyers offering to act as an associate or consultant in a particular branch of the law, and could the announcement promise a follow-up call?
The Board concluded that a lawyer could announce availability to other lawyers to act as a consultant or associate in a particular branch of law under former DR 2-105(A)(3), provided the…
Under the former Ohio Code of Professional Responsibility, could an attorney advance litigation expenses for a contingent-fee client, and what happened if the client could not repay?
The opinion concluded that under former DR 5-103(B) an attorney could advance expenses of litigation provided the client remained ultimately liable for them, and that whether to seek reimbursement…
In a divorce case, can a lawyer make the client's fee obligation contingent on the court ordering the other spouse to pay the fees?
The opinion concluded that an attorney's fee in a dissolution of marriage action may be made contingent on the court ordering the opposing spouse to pay the fee, because that contingency is not the…
Can a lawyer send direct-mail letters soliciting people facing foreclosure or tax liens?
The Committee concluded that mailing targeted solicitation letters to specific people known to need legal services because of a pending foreclosure, an existing tax lien, or prior litigation, where…
Could a judge publicly endorse or oppose ballot issues, such as a county sales tax for a new jail and courthouse or a merit-selection plan for judges?
The Board concluded that judges could ethically endorse or oppose economic or political issues, provided the measures were intended to improve the law, the legal system, or the administration of…
Must a prosecutor report lawyers who admitted, sometimes under immunity, to using or possessing cocaine, when that admission says nothing else about their practice?
The committee concluded that a lawyer's admission to using or possessing cocaine while licensed violated DR 1-102(A)(3) and raised a substantial question as to fitness, so under the facts presented…
Can a lawyer co-present public seminars with a nonlawyer financial planner and offer free consultations?
The opinion concluded that a lawyer may ethically present advertised public seminars with a nonlawyer financial planner if the seminar informs rather than gives individual advice, the lawyer and…
Is a judge disqualified from the described criminal cases involving the judge’s niece’s husband as defense lawyer?
Yes. The Commission treated the niece’s husband within Canon 3C’s described kinship and said disqualification extended to the judicial acts in the cases presented.
May a judge sit when a defendant represented by the judge’s brother or niece’s husband enters a guilty plea, even if the judge takes no action on it?
No. The Commission’s combined answer disqualified the judge from the described proceeding even where no action was taken on the guilty plea.
May a judge preside at a not-guilty arraignment when the defendant is represented by the judge’s brother or niece’s husband?
No. In the combined Opinions 87-316 through 87-319, the Commission said the judge was disqualified from the described arraignments when either relative represented the defendant.
Could a judge appoint the judge’s niece’s husband to represent an indigent criminal defendant?
No. In the combined Opinions 87-316 through 87-319, the Commission said Canon 3C disqualified the judge from that appointment and the other judicial acts described where the relatives represented…
Could a presiding judge seeking reelection appoint the absentee election manager for the same election?
The Commission originally said the judge should let another circuit judge make the appointment because of an appearance of impropriety. Opinion 88-323 later modified that answer for an unopposed judge.
Does a lawyer who is the brother of a judge’s brother’s wife automatically disqualify the judge?
No. The Commission said that relationship alone fell outside Canon 3C(1)(d)’s listed kinship and did not require disqualification.
Must a judge recuse when counsel for a party also represents an estate for which the judge serves as executor?
Yes. The Commission held that the judge was disqualified while the attorney whom the judge employed for the estate represented a party; it said that disqualification ceased after final settlement…
Could a circuit judge prepare tax returns for pay or prepare family members’ returns without pay?
The Commission found no categorical ban, but said a judge would find it almost impossible to run a tax-return preparation enterprise without violating Canon 5. Family-only, unpaid preparation…
Can a Tennessee prosecutor communicate with a criminal defendant the prosecutor knows is represented by counsel, even if the defendant requests the contact?
The opinion concluded that a prosecutor is ethically obligated to avoid all communication with a defendant known to be represented by counsel, without that counsel's knowledge and consent, under DR…
Is it ethical for defense counsel in a civil rights case to condition a settlement offer on the plaintiff's lawyer waiving all right to court-awarded attorney's fees?
The committee concluded that, in civil rights and civil liberties cases, it is not ethically proper for defense counsel to condition a settlement offer on the plaintiff's counsel waiving all right…
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.