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 lawyer who handled a trustee's foreclosure-sale paperwork bid on the trust property at the sale?
The opinion concluded that a lawyer who rendered legal services to a trustee in preparing for a trustee sale may not bid on the trust property unless he fully satisfies ER 1.7(b) and ER 1.8(a). The…
Can a defense lawyer interview a represented child witness outside her lawyer's presence if she and her parent ask for it?
The opinion concluded that a defense lawyer may not interview the represented 15-year-old daughter of his client, the key witness in the criminal case, outside the presence of her appointed counsel,…
Can a lawyer reach out to an indigent person to offer pro bono representation, and pay the case's costs?
The opinion concluded that a lawyer may solicit an indigent prospective client to offer pro bono representation, in a criminal or civil matter, as long as the lawyer has no motive of pecuniary gain.…
Can a law firm that serves as bond counsel to a municipality also represent private clients in matters against that same municipality?
The opinion concluded that a firm serving as bond counsel to a municipality may not simultaneously represent private clients against that municipality (before its zoning board, in tax certiorari, or…
May a retired judge who is periodically recalled take unpaid roles in church marriage-annulment proceedings?
Yes. The Committee found no ethical conflict because the ecclesiastical proceedings and annulments had no civil-law effect, and it reversed its earlier contrary view about the advocate role.
If a lawyer learns that the client has committed perjury, must the lawyer disclose it to the court?
Yes. The opinion concluded that Rule 3.3's duty of candor toward the tribunal creates an affirmative obligation to inform the court of known client perjury, and that this duty overrides the…
Can a lawyer deposit payroll taxes withheld from an employee's wages into the attorney trust account?
No. The Committee agreed with the Office of Attorney Ethics that the trust account may not hold payroll taxes: there is no attorney-client relationship in the employee's share, and the employer's…
Can a lawyer draft pleadings and advise a litigant who appears pro se without disclosing that help to the court and opposing counsel?
The opinion concluded that a lawyer may provide limited behind-the-scenes help to a pro se litigant, but where the assistance is active and substantial, including drafting any pleading, the fact of…
Can a lawyer who is opposing counsel to another lawyer in a pending case also personally represent that opposing lawyer in an unrelated matter?
The opinion concluded that this is not per se improper: a lawyer may personally represent opposing counsel in an unrelated matter only if both lawyers are satisfied it will not compromise their…
Under Virginia's Wet Settlement Act, when may a settlement attorney disburse funds, and what happens when lender instructions conflict with the Act?
The committee concluded that an attorney may disburse funds after delivering the deed or deed of trust to the clerk's office with written proof of delivery, must follow a lender's lawful…
Could a part-time municipal judge serve as vice chair and then chair of a county United Way fundraising campaign?
No. The Commission said the judge should not take that role because Canon 5B(2) discouraged fundraising and solicitation, and part-time judges were not exempt from Canon 5B.
Could a circuit judge appoint a former judge as defense counsel in a criminal case in which that former judge had signed continuance orders?
No. The Commission said the judge should not make the appointment; Canon 1 required a barrier between the former judge’s judicial duties in the case and later attorney service.
May a district judge serve on the board of directors of a local Chamber of Commerce?
Yes. In the combined Opinions 87-295 and 87-296, the Commission said the Canons did not prohibit the judge from serving on the chamber board under Canon 5B.
Could a judge appear in an alcoholism awareness announcement that named a sponsoring hospital with a chemical-dependency unit?
The Commission said the judge should not appear while the hospital was named because the message could be seen as its advertisement; it said deleting the hospital name removed the Canons objection…
Could a circuit judge join the Attorney General’s task force studying victims’ rights and the rights of accused persons?
Yes. The Commission held that service on the described task force was permitted under Canon 4’s allowance for work to improve the law, legal system, and administration of justice.
Can a law firm keep a deceased partner's name in the firm name and letterhead, and must it flag that he is dead?
The opinion concluded a firm may keep a deceased partner's name in the firm name without noting the death, but if his name appears in a letterhead list of active lawyers it must show he is deceased…
Did the Commission decide whether a judge must recuse when the judge’s brother served on a bank’s local advisory board and the bank was a party?
No. With a mandamus petition on recusal pending before the Alabama Supreme Court, the Commission declined to issue an advisory opinion on the question.
Could a district judge serve on a child advocacy center board and speak about the center when the judge heard child abuse matters?
The Commission said board service was not permitted on the stated facts because it would require recusal in child abuse cases involving the center. General talks about child abuse were permitted,…
Can a lawyer routinely file collection suits in a county where the lawyer knows venue does not properly lie?
The opinion concluded no; knowingly filing actions in a county where the lawyer knows venue is improper, with no argument to support it, violated the Code's bars on false statements of law or fact…
Can a law firm let a nonlawyer who rents space in its office advertise that she runs her mediation business at the firm's offices?
The opinion concluded that a law firm may not let a nonlawyer office-mate use the firm's name in advertising her own mediation business, because it would be misleading, would suggest an improper…
Can a lawyer who is personally a party to a dispute contact the other side directly when they have a lawyer?
No. The Committee concluded a lawyer personally involved in a dispute should not communicate directly with adversaries represented by counsel in that matter without the other lawyer's consent,…
Must a judge recuse because a party claims to have filed a prior Judicial Inquiry Commission complaint that the judge did not know about?
No. The Commission said that a past complaint unknown to the judge, with none then pending, did not by itself require disqualification under Canon 3C.
Could a judge appoint a second cousin once removed as bailiff when that relative was the best-qualified candidate?
Yes, if the appointment rested solely on merit. The Commission classified that relation as seventh-degree kinship, outside the cited fourth-degree statutory prohibition.
Could a judge publicly congratulate a Girl Scout chapter on its anniversary using the judge’s name, title, and robe when the announcement was not fundraising?
Yes. The Commission said the Canons did not prohibit the described announcement or the judge’s use of name, title, and robe on those facts.
Did an appellate judge’s prior paid legal speech to an agency appearing as a party require recusal, and should the judge disclose it?
The Commission said the speaking engagement alone did not require recusal on the stated facts, but issues discussed at the speech might affect impartiality. It said the judge should inform the…
May a third party solicit contributions after an election to retire a new district judge’s campaign debt?
Yes. The Commission said Canon 7 permitted appropriate third-party fundraising to retire the debt, subject to Canon 7B’s campaign conduct limits.
Did the judicial Canons govern a former law clerk and bailiff’s practice announcement naming the judge without consent?
No. The Commission said the Canons did not govern the former employee’s announcement because the judge no longer had authority over its contents.
Can a lawyer advise a DUI client to refuse chemical testing, given the uncertain law on the right to refuse?
Reconsidering its Opinion 86-05 after a Court of Appeals decision suggesting a statutory right to refuse, the opinion concluded that a lawyer may advise a client arrested for DUI to refuse blood,…
Can a firm's announcement of a new associate mention the associate's prior non-legal career, such as nursing?
The opinion concluded that a firm may state a new associate's prior background as a clinical nurse research investigator in an announcement of association. The factual statement of a non-legal…
May a lawyer advertise to find people injured similarly to a client who might serve as witnesses?
The committee allowed an advertisement seeking witnesses who may have been injured on the defendant's premises in a manner similar to the client, so long as the ad was not misleading, unfair, or deceptive.
May a city attorney represent either the city or another client when both may oppose each other in the same injury case?
The committee found a conflict arising from the lawyer's existing and past relationships with both clients and said the lawyer should withdraw from representing either in litigation involving them.…
Can a lawyer hold a former client's file, including original documents and work product, until the client secures payment of unpaid fees?
The committee concluded that it is not improper to retain a former client's file, made up in equal parts of original documents and work product, until the client arranges security for unpaid legal…
Can insurer-appointed defense counsel for uninsured motorists withdraw once the insurer settles with its own insured and wants to pursue subrogation against those same motorists?
The opinion concluded that the lawyer may not simply withdraw from the uninsured motorists he represents; he must comply with the tribunal's rules, take reasonable steps to avoid foreseeable…
Can a lawyer cold-call companies, or have a company's bank or accountant set up a pitch meeting, to solicit the company's legal business?
The opinion concluded that cold calls and approaches routed through a company's bank or accountant to solicit its business are prohibited solicitation for pecuniary gain; even in a permissible…
Can a lawyer represent clients in a suit to set aside deeds he drafted when his firm's secretary, who notarized the deeds, will be a witness?
The opinion concluded that the lawyer may take the representation, because the advocate-witness rule bars employment only when the lawyer or another lawyer in the firm ought to be a witness; it does…
Can a firm bringing a shareholder derivative action on behalf of a corporation also represent a landlord suing that same corporation for back rent?
The opinion concluded that the firm may not represent both, because in the derivative action it effectively represents the corporation, and it cannot at the same time sue that corporation for the…
Which employees of a represented corporate adversary can a West Virginia lawyer contact directly without going through the company's counsel?
LEI 87-01 adopted ABA Informal Opinion 1410: a lawyer may contact most employees of a represented corporate adversary, but not its directors, officers, managing agents, or persons designated to…
Can a lawyer threaten to file a disciplinary complaint against an opposing party who is a lawyer in order to coerce a favorable settlement of a civil case?
The opinion concluded that a lawyer should not threaten disciplinary action against a party who is a lawyer to gain an advantage in a civil matter; doing so subverts both the disciplinary system and…
Can a law firm an insurer hired to defend its insured also bring a separate declaratory-judgment action, for the insurer, to make other insurers cover that same insured?
The opinion concluded yes, with consent; where the insurer will not contest its own coverage so the insured is protected either way, the firm may both defend the insured and pursue the declaratory…
Can a city's part-time corporation counsel, or the lawyer's firm, defend people charged under state statutes when the conduct is also a city ordinance violation prosecuted with city police support?
The opinion concluded no; the corporation counsel and the lawyer's firm are disqualified from defending such charges, and the city cannot waive the conflict because the matters are substantially related.
Does representing a police officer in a disciplinary case bar a lawyer from later defending criminal cases investigated by that department or officer?
The opinion concluded no, where the matters are unrelated and the lawyer gained no confidential information usable against the former client; a concluded one-time representation of the officer did…
Can a lawyer representing one spouse in a divorce draft an appearance for the unrepresented spouse to sign and then file it?
The opinion concluded yes; a lawyer may draft and submit an appearance for the unrepresented opposing spouse, and later file the signed form, so long as the lawyer gives that spouse no advice about…
Can Kentucky lawyers form a legal-research service that does research for other lawyers, and what duties do they owe the hiring lawyer's clients?
Yes. The opinion concluded lawyers may form a research service that works for the inquiring attorney rather than the client; the service must protect the clients' confidences and secrets, so it…
Can a Kentucky lawyer who is leaving a firm contact the clients he personally represented to tell them about his new practice and their right to choose counsel?
Qualified yes. The opinion concluded a withdrawing lawyer may contact, by phone or in person, firm clients he personally represented to announce his new practice and inform them of their right to…
Can a Kentucky lawyer who was approached by, but never retained by, a prospective plaintiff later represent the defendant in the same matter?
Yes. The opinion concluded the lawyer may take the adverse representation if no lawyer-client relationship ever formed and the lawyer obtained no confidences or secrets from the prospective client…
If a Kentucky lawyer is subpoenaed by a prosecutor to testify or produce evidence about a client before a grand jury, how should the lawyer respond?
The opinion concluded the lawyer must assert any applicable privilege, resolving doubts in the client's favor, and insist on a court order before testifying or producing, challenging the order on…
Does filing the IRS cash-transaction form for a fee over $10,000 violate a lawyer's confidentiality duty?
The opinion concluded that, presuming the IRS reporting of a cash fee over $10,000 is required by law under Section 6050I, there is no ethical bar to filing the form, because ER 1.6 permits…
Can a lawyer communicate ex parte with an administrative law judge about a pending case?
The opinion concluded that, except where ex parte communication is permitted by law, a lawyer may not communicate ex parte with an administrative law judge about a case pending before that judge.…
Can a law firm's letterhead identify an of-counsel lawyer as a retired Superior Court judge?
The opinion concluded that a firm may indicate on its letterhead that an of-counsel lawyer is a retired Superior Court judge. Although the former Code would have barred it, the statement is true,…
When a solo practitioner dies, what duties does an associate lawyer who worked as the solo's employee owe to the firm's pending clients?
The opinion concluded that an associate of a deceased solo practitioner must first take action necessary to protect clients' rights, files, and property, then promptly arrange to have authority to…
May a Wisconsin district attorney mail motions and notices directly to a represented criminal defendant, or contact a child support payor who was once but is not now represented?
The opinion concluded that, absent consent of defense counsel or authorization by law, a district attorney may not communicate with a represented criminal defendant about the subject of the…
May a Wisconsin lawyer accept referrals from a for-profit lawyer referral service to which the lawyer pays a fee or gives something of value?
The opinion concluded that under the former Code a lawyer could not accept referrals from a profit-making referral service to which the lawyer paid any fee or gave anything of value for the…
Can a lawyer defend another lawyer in a malpractice case when the two firms regularly appear against each other as opposing counsel in unrelated matters?
The opinion concluded that counsel offered a retainer by a lawyer-malpractice defendant's insurer should decline the representation, absent the defendant firm's informed consent, where counsel has…
Can a former in-house lawyer later represent clients against the former corporate employer in matters that were not pending while the lawyer was employed there?
The opinion concluded there is no per se bar to a former house counsel representing clients against a former corporate employer in matters that were not pending before or at the time employment…
May a county lawyer let a county-employed physician negotiate a commitment agreement directly with a represented respondent without notifying the respondent's lawyer?
The opinion concluded that, absent prior notification of the respondent's counsel and counsel's consent, negotiations with a represented respondent conducted by the district attorney or other public…
Can a lawyer who served as a child's guardian ad litem in a protective services case later prosecute a termination of parental rights case involving the same child?
The opinion concluded that an attorney who once acted as guardian ad litem for a child in a protective services proceeding may not later act as prosecutor (or as defense counsel) in a termination of…
Can a lawyer propose or agree to a settlement that requires the lawyer to personally indemnify and hold the other side harmless against unknown lien claims on the settlement?
The opinion concluded that under both the former Code and the new Rules, including such indemnification and hold-harmless provisions in settlement agreements is improper, so lawyers may not propose,…
Can a lawyer pursue unreimbursed litigation costs directly from a worker's compensation client outside the compensation proceeding itself?
The opinion concluded that a lawyer may seek to recover unreimbursed costs directly from a worker's compensation claimant-client outside the proceeding, assuming the costs were reasonable and…
Can a city attorney's office both prosecute the city's case and advise the city board or commission that decides that same matter?
The opinion concluded that a city attorney's office may not serve both as an advocate of the city and as an advisor to a city appellate board or commission in proceedings involving the same matter.…
Can a Washington lawyer join a private lawyer referral service whose non-lawyer staff screen calls and refer callers to lawyers?
Yes. On reconsideration the committee concluded that screening calls and referring lawyers' names is not the practice of law, so the rules do not require a lawyer to perform that screening, and the…
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.