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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Could a North Dakota lawyer use a proposed firm name containing the lawyer's own name under the rules considered in 1987?
The committee saw no problem with the proposed names under the new rules and said it had no objection under the old rules so long as the lawyer intended to include the lawyer's own name in the firm…
Could a judge let a clothing store display the judge's photograph on a 'wall of fame' in exchange for free merchandise?
The Board concluded that a judge should not consent to having the judge's photograph displayed on a clothing store's 'wall of fame' in exchange for free neckties, because doing so would lend the…
Were court referees in Ohio required to complete the mandatory continuing legal education that the judiciary rules imposed on judges?
The Board concluded that referees, whether part-time or full-time, were not required to comply with Gov. Jud. R. IV, the rule mandating continuing legal education for judges, though the Board…
Under the former Ohio Code of Judicial Conduct, could a judge speak out publicly against an organization the judge belonged to that the judge believed was engaged in racist and anti-Semitic activities?
The Board concluded that a judge could ethically express such views when asked by citizens, the media, or concerned organizations, as long as the judge did not initiate or become embroiled in…
Under former Canon 7B(2) of the Ohio Code of Judicial Conduct, how early could a candidate for judicial office begin fund-raising for primary and general elections?
The Board read former Canon 7B(2) to permit a judicial-campaign committee to solicit funds no earlier than 120 days before each election in which the candidate participated; a primary candidate…
Under the former Ohio Code of Judicial Conduct, could a part-time juvenile division referee practice in the probate division of the same common pleas court before the judge who appointed him, and could the referee's firm members appear in either division?
The Board concluded that the part-time referee could not practice in his own division (Juvenile) nor before the judge who appointed him in any court; firm members could not appear before their…
Under the former Ohio Code of Judicial Conduct and former R.C. 1907.16, could a county court judge appear as a lawyer in other geographic divisions of the same county court, and could the judge's law partners, shareholders, and office-mates appear in any division of that court?
The Board concluded that under R.C. 1907.16 a county court judge was disqualified from practicing law only as to matters pending or originating in that county court during the term of office; the…
Can a lawyer run a side business placing temporary secretaries and clerks in other law offices?
Only with safeguards. The Committee concluded a lawyer may operate a temporary legal-staffing business if he does not place temps in offices where he has adverse matters pending, ensures the…
When one assistant district attorney is disqualified from a case, must the entire District Attorney General's office be disqualified too?
The opinion concluded that vicarious disqualification of an entire District Attorney General's staff when one staff member is disqualified is not governed by a per se rule and must instead be…
What must a Tennessee lawyer do with settlement proceeds when a client objects to paying a third party, such as a medical provider, who claims a right to part of the funds?
The opinion concluded that a lawyer who has notice that a client's creditor holds a lien on or assignment of settlement funds the lawyer is holding is ethically obligated to segregate and retain the…
After a lawyer who practiced as 'AB & Associates' dies, can the surviving lawyers keep using his name in the firm name if they were not his partners?
No. The opinion concludes that a deceased lawyer's name may be carried forward only if surviving partners practiced with him and the firm is a true continuation; where the survivors were mere…
May a Mississippi lawyer let clients pay legal fees and expenses by credit card?
Yes. The opinion concludes that a lawyer may offer a credit card plan for paying fees and expenses, subject to conditions: not encouraging participation, not raising the fee, charging only for…
Can a lawyer's partner represent the firm in a fee-collection suit when the lawyer will testify about the fee arrangement and the value of the services?
The committee concluded it was not improper for one of the lawyer's partners to represent the firm in the fee-collection litigation while the lawyer testified about the fee arrangement, the services…
When a corporate conservator's interests conflict with those of the elderly ward, what must the lawyer hired to pursue the ward's claim do?
The opinion concluded the lawyer's principal duty is to protect the ward, so the lawyer may disclose the conservator's apparent conflict to the ward's personal lawyer without breaching any duty to…
When can a lawyer charge a non-refundable retainer, and what must the lawyer tell the client?
The opinion concluded a non-refundable fee retainer is acceptable only if its non-refundable nature is fully and clearly explained both orally and in the written fee agreement and the fee is not…
I'm a private attorney appointed to a state licensing board. Can I take part in board decisions involving people I've sued, and can I later represent a client against someone whose case I heard as a board member?
No to both. The panel held that Canons 8 and 9 bar the attorney from participating in board deliberations involving anyone he has sued or is currently suing on behalf of a private client, and bar…
Must a part-time municipal judge who is also an assistant district attorney recuse from a reckless-driving case when the same defendant faces a related felony prosecution by that office?
Yes. The Commission found disqualification because a reasonable person could see the judge as both judge and prosecutor through the judge’s close association with the office handling the related felony.
Can a law firm list nonlawyer employees, such as paralegals, office managers, and legal assistants, on its letterhead?
The opinion concluded yes; nonlawyer employees may be named on firm letterhead as long as it is not misleading and the person's nonlawyer status is clearly indicated.
Can a law partnership condition a withdrawing partner's payments on a promise not to compete in a geographic area?
No. The opinion concluded that conditioning a withdrawing partner's payments on a covenant not to practice law in Kentucky for two years conflicts with DR 2-108(A), since not every withdrawal is a…
Can a lawyer give a second opinion to someone who is already represented by another lawyer?
Yes. The opinion concluded a lawyer may consult with a person who already has counsel and wants a second opinion, but should make every effort not to impair the existing relationship and may not use…
Must a Kentucky firm tell a client that one of its lawyers is married to a lawyer at the opposing firm?
The opinion concluded disclosure is required when both spouses are working on the matter, and also when only one spouse is working on it; when neither spouse works on the matter, disclosure is not…
Can a lawyer reveal a former client's name and address to people with potential claims against the client?
The opinion concluded that, where the lawyer has inferred the former client does not want his name and address revealed, the lawyer may not ethically disclose that information to potential adverse…
Can a lawyer with a public defender contract also serve as a judge pro tempore in the same court?
The opinion concluded that a lawyer holding a public defender contract may not serve as a judge pro tempore on the criminal or juvenile bench, but may serve on the civil or domestic relations bench…
Can a lawyer be a city special prosecutor while also defending criminal cases in the same city court?
The opinion concluded that a lawyer may not act as a special prosecutor for a city while concurrently defending criminal cases in that city's court, and may not represent that court's judges in…
What must a public defender do after learning that jail attorney-client conferences were being monitored?
The opinion concluded that a public defender who learns that attorney-client conferences at a juvenile detention facility were monitored must do more than notify the court and stop conferring there.…
Can a lawyer represent a law partner in a private contractual dispute that has nothing to do with the firm or its legal work?
The committee concluded it was not improper for a lawyer to represent a partner in a private contractual dispute with third persons, so long as neither the issues in the suit nor the real property…
When a lawyer is winding down a practice, what can and cannot be sold, and how must clients be handled when files move to another lawyer?
The committee concluded that a lawyer could sell a firm's physical assets or leasehold but not its name or good will, and that clients had to be notified and allowed to direct the disposition of…
Can a part-time probate judge's law firm represent a party in a case the judge acted on before recusing himself?
The opinion concluded the firm could not, because the probate judge had acted on the merits (appointing a special administrator and denying a transfer petition), and Rule 3.4(g) bars a lawyer from…
May a circuit judge serve as co-trustee of a former attorney’s trust with two attorneys who practice before the judge?
The Commission said the judge could serve under the stated limited facts if the service stayed within Canon 5D’s fiduciary limits, including judicial-duty, likely-proceeding, and financial-activity…
Could a judge attend and participate in a meeting to study and debate proposed amendments to the United States Constitution?
Yes. The Commission said Canon 4 permitted the described meeting if participation did not interfere with judicial duties or cast doubt on the judge’s impartiality.
Could a part-time active retired circuit judge serve on a county Board of Human Resources?
The Commission said the judge was exempt from Canon 5G but still had to comply with Canon 2A, including any legal prohibition on holding public office. It declined to decide whether the cited…
Did recommending an attorney to a former employee five years earlier require the judge to recuse when that lawyer appeared for a party?
No. The Commission found no required disqualification under Canon 3C on those facts, although the judge could recuse if the judge found it appropriate.
Is a 'no recovery, no fee' lawyer ad misleading if it does not mention the client's responsibility for costs?
The opinion concluded that an advertisement stating 'no recovery, no fee' (or its equivalent) is misleading under ER 7.1 if it does not also disclose the client's responsibility to pay costs even…
If a personal-injury client dies after the insurer makes a settlement offer within the authorized range, must the lawyer tell the insurer about the death before accepting?
The committee concluded it was not improper for the lawyer to settle without volunteering the client's death, absent a direct inquiry from the insurer about the client's health, but said that to…
Can a law firm borrow money to advance litigation costs and recover the interest from the client's recovery in a contingent-fee case?
Yes. The Committee found nothing unethical in a firm borrowing to advance disbursements and recovering principal and interest from the recovery, provided the arrangement is disclosed to the client…
Can the law partner of a part-time municipal judge handle civil forfeiture actions for the county prosecutor arising from arrests in the judge's town?
No. The Committee held that statutory forfeiture actions are penal in nature, so the bar of R. 1:15-1(b) extends to the judge's law partner, but only as to the county where the judge's court sits.
Does a conflict arise just because a lawyer represents two clients, a county college and its depository bank, that have a continuing relationship with each other?
No. The Committee found no conflict in representing two clients who have a continuing relationship where the lawyer takes no part for either client in that relationship.
May a judge chair a Justice Fellowship task force promoting restitution and community rehabilitation centers?
Yes, only on the Committee’s stated assumptions: the task force remains removed from court participants and litigation, does not fundraise, and confines government contacts to the justice-related…
May a North Carolina firm with offices only in NC list a 'corresponding' foreign lawyer on its letterhead when that lawyer is not a partner, associate, or of counsel?
The opinion concluded that a North Carolina firm with offices only in the state may not list a 'corresponding French lawyer' or similar non-licensed person on its letterhead, because such a listing…
Can one firm represent the estates of both the pilot and the passenger killed in the same plane crash when the defendant will likely join the pilot's estate?
The opinion concluded that a firm may represent both estates if it obtains informed consent from both and reasonably judges that neither representation will be adversely affected, but it must keep…
Can a lawyer take a medical malpractice case against a hospital when two hospital agents in the case are the lawyer's former and current clients from unrelated divorce matters?
The opinion concluded that the lawyer may proceed as to the former client, whose unrelated child-custody matter ended years earlier and was not substantially related, but should not undertake the…
Is a law firm's newspaper ad about workers' comp deadlines improper if it overstates the law, and does broad distribution count as solicitation?
The opinion concluded the ad was misleading under Rule 7.1 because it omitted that the injuries remained compensable under the Occupational Disease Act and implied unjustified results, but its wide…
Can a former judge note that former judicial title under a signature on letters, and does it matter whether the matter relates to law practice?
The opinion concluded that a former justice or judge may indicate the former judicial position under a signature on letters to attorneys and others about matters unrelated to the practice of law,…
Can a bank charge borrowers for its in-house counsel's loan-closing work and pay that lawyer a bonus based on those charges?
The opinion concluded that a bank may require borrowers to reimburse the bank's actual cost of in-house counsel's loan-closing services and may pay that lawyer a bonus on those charges, but only if…
Can a law firm invite local judges to a firm golf outing and pay their expenses along with clients and prospective clients?
The opinion concluded no; a firm may not bear the expense of judges attending a firm outing, because it both creates an appearance of impropriety and amounts to giving a judge something of value…
Can a criminal defense lawyer share office space with, or rent space in the same building as, a part-time or full-time prosecutor?
The opinion concluded a defense lawyer may not share office space with a full or part-time prosecutor; sharing with a special-function part-time prosecutor is allowed if the sharers avoid cases…
Can a criminal defense lawyer argue on appeal that his own representation amounted to ineffective assistance of counsel?
Qualified no. The opinion concluded the lawyer should ordinarily inform the client and move to withdraw rather than argue his own ineffectiveness, given the conflict with his reputation and the…
Can a lawyer have ex parte contact with an administrative law judge about scheduling or other procedural matters?
The opinion concluded that ex parte communication between a lawyer and a judge, including an administrative law judge, is prohibited by ER 3.5(b) unless permitted by law, and that no Arizona law…
Can a contingent fee be computed on costs, attorney fees, and interest recovered, not just damages?
The opinion concluded that how a contingent fee base is computed is a question of contract interpretation, which is a question of law outside the committee's jurisdiction. It declined to opine, but…
Can one firm represent opposing clients on the same legal issue in two separate appeals before the same court?
The opinion concluded that two lawyers from one firm taking opposite positions on the same legal issue in separate Ninth Circuit appeals fell within ER 1.7, but that the conflict could be cured here…
Can an Arizona lawyer cite an unpublished memorandum decision to a trial court for its persuasive value?
The opinion concluded that citing an Arizona appellate memorandum decision (except for res judicata, collateral estoppel, or law of the case) is unethical because court rules bar treating it as…
Can a lawyer charge a contingent fee in a divorce based on obtaining the decree or the property division?
The opinion concluded that the proposed contingent fee, payable only on a decree of dissolution and measured by the value of the client's share of marital property, is unethical under ER 1.5(d)(1),…
May a juvenile judge hear a dependency dispositional review after serving as guardian ad litem for the children in the dependency proceeding?
No. The Commission held that the judge was disqualified because the review addressed the same dependency status in which the judge had acted as the children’s guardian ad litem.
May a municipal judge continue hearing cases when the judge’s wife is an assistant city attorney but does not appear before the judge?
Yes, on the stated facts. The Commission found no Canons violation when the wife did not appear, even though other city attorney staff prosecuted cases before the court; its reasoning disqualified…
Does a criminal-defense contract ethically require appointed counsel to represent clients in a civil administrative hearing?
The committee said the defense contract covered criminal defense while the administrative hearing was civil, so the lawyer was not ethically obligated to handle that hearing. It treated any…
May a circuit judge serve as member or chair of a nonprofit board focused on preventing youth drug and alcohol abuse?
Yes. The Commission permitted board or chair service under Canon 5B’s limits and expressly said the judge should not solicit funds for the organization.
Is a judge disqualified when the district attorney appearing in a criminal trial employs the judge’s son, who takes no part in that case?
No. The Commission said the judge was not disqualified so long as the son did not participate in any way in the proceeding.
Under the former Ohio Code of Judicial Conduct, what disqualifications applied when a common pleas judge sought to appoint as full-time domestic relations referee a former Bureau of Support prosecutor whose lawyer husband appeared locally?
The judge should recuse if impartiality might reasonably be questioned when the referee's husband or firm appeared. The referee could not hear her spouse's cases and should not hear even new cases…
Under the former Ohio Code of Judicial Conduct, could a part-time juvenile court referee continue to serve as the President of, and run for re-election to, his local Board of Education, and was he required to file an annual financial disclosure statement?
The Board concluded that a part-time juvenile court referee could serve on a local Board of Education under Canon 5B(1) and (2) provided the activity did not reflect adversely on impartiality or…
Under the former Ohio Code of Judicial Conduct, could a judicial candidate (including an incumbent) promise to refuse plea bargaining in DWI cases or announce a specific sentencing policy for a category of criminal cases?
The Board concluded that under former Canon 7B(1)(c), a judicial candidate could not promise to handle a category of criminal offenses in a specific way if elected, nor announce a specific…
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.