Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
May an incoming Maryland law clerk accept a repayable salary advance from a future law firm employer?
Maryland Judicial Ethics Opinion 2019-14 says a judge may not permit the incoming clerk to accept a repayable firm salary advance before or during the clerkship, even if the judge recuses from the…
May a Maryland judge give an interview for a memoir written by a person the judge sentenced?
Maryland Judicial Ethics Opinion 2019-13 permits the described interview about a concluded case, subject to limits on pending-case comments, nonpublic information, outside activity, and exploitation…
Can a Colorado lawyer advise or supervise investigators, clients, or police who use deception in a lawful investigation, and can the lawyer do it personally?
The opinion concludes that amended Rule 8.4(c) lets a lawyer advise, direct, or supervise others, including clients, police, and investigators, who use dishonesty or deceit in lawful investigative…
May a judge submit an immigration affidavit and testify about a son’s marriage?
West Virginia JIC Opinion 2019-13 permits factual affidavit and testimony based on the judge’s personal knowledge, but bars using judicial letterhead.
Can one lawyer represent multiple witnesses as "pool counsel" in a government or internal corporate investigation?
Yes. A lawyer may serve as pool counsel for multiple witnesses in a government or internal investigation, subject to the conflict and confidentiality rules. The lawyer must screen for concurrent…
When a lawyer receives a document the other side sent by mistake, can the lawyer use it, or only notify the sender?
Rule 4.4(b) requires the receiving lawyer to promptly notify the sender, but does not itself bar using inadvertently sent information. Whether the lawyer may or must use it turns on substantive law…
Can a lawyer licensed only in another state live in Utah and practice that state's law without a Utah license?
The opinion concludes that an out-of-state lawyer in good standing may reside in Utah and practice law for clients of the state where the lawyer is licensed without violating Rule 5.5, as long as…
Can a lawyer buy a firm wholly owned by another lawyer who keeps practicing elsewhere, and keep using that lawyer's name on the firm?
Yes. The opinion concludes a lawyer with a pre-existing, bona fide affiliation may purchase the firm under Rule 1.17, that the seller is 'retired' once he stops practicing in the firm's geographic…
What duties govern a prosecutor negotiating a misdemeanor plea with an unrepresented accused person?
The opinion concludes that prosecutors must independently assess the factual and legal basis for each charge, protect an accused person's opportunity to obtain counsel, and avoid improperly inducing…
May a circuit judge remain president of a community center nonprofit and help its fundraising?
West Virginia JIC Opinion 2019-12 permits continued board presidency but bars signing legal agreements, rental negotiations, check authority, most solicitation, and donation press events; it…
Can a solo lawyer name the firm using only the lawyer's middle and last names, even if it might look like two lawyers?
Yes. The opinion concludes a lawyer who practices under the lawyer's full surname may drop the first name and use a firm name of the middle and last names, because that minor variation of the…
If a lawyer runs both a law firm and an IP consulting company, which ethics rules apply, and can the lawyer share ownership or fees with non-lawyers and a foreign lawyer?
The opinion concludes that where the consulting services are not distinct from the legal services, the Rules govern the whole operation: the lawyer may share fees with a qualifying foreign lawyer…
Can a lawyer take disputed fees out of the client's escrow funds, add interest, and hold back a cushion for possible fee litigation?
No. The opinion concludes a lawyer may not remove from the trust account any amount the client disputes, may charge interest on an unpaid bill only if the written fee agreement provided for it, and…
When an insurance company hires a New Hampshire lawyer to defend its insured, who is the lawyer's client, and what should the lawyer do about the uncertainty?
The insured is always the lawyer's client; whether the insurer is also a client is unsettled in New Hampshire and is a question of insurance law the Committee will not decide. The opinion withdraws…
May a magistrate hold a yard sale of personal household goods at home?
West Virginia JIC Opinion 2019-11 permits the personal yard sale if it is not raising money for charity.
Is a North Carolina lawyer's sexual relationship with opposing counsel a conflict of interest that must be disclosed to the client?
Yes. An ongoing sexual relationship between opposing counsel creates a personal-interest conflict that materially limits each lawyer's independent judgment under Rule 1.7(a)(2); each lawyer may…
Can a North Carolina lawyer sign an ERISA health plan agreement promising not to abandon or settle the client's claim without the plan's approval?
No. A lawyer may not agree to terms that contradict the duty under Rule 1.2 to abide by the client's decisions about the objectives of the representation and whether to settle; a promise to the…
Can one North Carolina lawyer prepare a separation agreement for both spouses who agree on the terms and want to share one lawyer?
No. Preparing a separation agreement for both spouses is a nonconsentable concurrent conflict under Rule 1.7, because the parties are legally adverse and there are numerous opportunities for the…
May a Connecticut lawyer offer debt forgiveness or forbearance on a client's behalf in exchange for a fact witness's testimony?
No. Debt forgiveness, reduction, or forbearance is a benefit intended to influence the witness's conduct and is prohibited by law and the Connecticut Rules.
Can a lawyer in a products liability case agree to a settlement term that requires the allegedly defective product to be destroyed?
Formal Ethics Opinion 2019-F-167 holds that it is improper for an attorney to propose or accept a settlement provision in a products liability case that requires destruction of the product alleged…
What are a Maine lawyer's ethical duties to prevent and respond to a cyberattack or data breach?
A Maine lawyer who uses technology must make reasonable efforts to understand and safeguard it. After a breach, the lawyer must take reasonable steps to stop or contain it, investigate whether…
Can a lawyer leave law-firm shares transfer-on-death to a revocable trust that has nonlawyer beneficiaries?
The opinion concluded that a lawyer must avoid designating his or her law-firm shares as transfer-on-death to a revocable trust (becoming irrevocable at death) when the trust has nonlawyer…
May friends create an animal-rescue fund in a judge’s name and solicit birthday donations?
West Virginia JIC Opinion 2019-10 rejects the ongoing judge-named fund but permits a one-time donation in the judge’s honor if neither judge nor spouse solicits and an appearing lawyer does not contribute.
May a judge serve on a family charitable foundation board, decide grants, and appear as “Hon.” on its letterhead?
The committee permitted the judge to serve as director and secretary, manage investments, and participate in grants on the stated criminal docket. It said the foundation’s letterhead could not use…
Can a new judge hear criminal cases after representing the district attorney personally?
The committee said the judge should not hear cases in which the district attorney personally appears. Other prosecutions could be heard only if the district attorney is insulated from direct…
Should a justice recuse from a right-to-work appeal after publicly supporting that law as a legislator?
West Virginia JIC Opinion 2019-09 calls for voluntary recusal because the justice’s prior public support could cause a well-informed observer to see bias toward the law’s constitutionality.
May a magistrate own and help manage a local pawn shop while hearing cases?
West Virginia JIC Opinion 2019-08 says the magistrate must divest the pawn shop immediately and give the Administrative Director proof because ownership creates an appearance of impropriety and…
When may a mental hygiene commissioner’s law partner appear in a guardianship case before another commissioner?
West Virginia JIC Opinion 2019-07 permits the appearance only if the limits from JIC Opinion 2014-21 are met, including restricted commissioner authority, no guardianship fact-finding, and recusal…
Must a state delegate resign to run for magistrate or after winning before taking the oath?
West Virginia JIC Opinion 2019-06 permits a delegate to retain the legislative seat while campaigning and, if elected, until the magistrate’s oath, subject to the judicial candidate rules.
Must a lawyer delete backup copies of a former client's data on request, and can the lawyer first require a release or indemnity?
The opinion concludes a lawyer generally may keep copies of client-owned documents, but that interest can yield to a legitimate destruction request (here, a settlement requiring it); the lawyer may…
Can a Colorado lawyer respond publicly to a client's negative online review?
Yes, but narrowly. The opinion concludes no rule bars a lawyer from responding to online criticism, but Rules 1.6 and 1.9(c) prohibit revealing information relating to the representation unless the…
Can a New York lawyer use a virtual law office address as the principal office address on advertising, business cards, letterhead, and the firm website?
A New York lawyer may use a New York virtual law office (VLO) street address as the principal law office address under Rule 7.1(h), and on business cards, letterhead, and the website, as long as the…
Can a Kentucky lawyer work as a mediator or arbitrator as part of a law practice, run it from the law office, and use nonlawyer staff in the sessions?
Yes to all three. A lawyer may serve as a third-party neutral, may do so on the firm's premises, and may use nonlawyer staff, but remains bound by the Rules of Professional Conduct, including…
Can a Kentucky lawyer reveal client confidential information to respond to a former client's negative online review or public criticism?
No. The self-defense exception in Rule 1.6(b)(3) is triggered by formal claims or disciplinary complaints, not by public or internet criticism, so a lawyer may not disclose client confidences to…
May a judge receive minimum wages for a veterinary internship required by an educational program?
The committee said the Code did not bar the described clinic internship because its purpose was educational, despite the clinic’s need to treat the judge as an employee. The judge must report the…
What must a lawyer do when a former client defaults on a settlement, the lawyer can't find the client, and opposing counsel threatens a motion?
The opinion concludes the lawyer may tell opposing counsel and the court that the lawyer no longer represents the client if both the representation and the court matter ended; if either is still…
Can a private lawyer sue one government agency while representing another agency of the same government in an unrelated matter?
The opinion concludes that this simultaneous representation is not categorically prohibited; whether it creates a conflict turns on identifying the government client through a functional analysis…
Can a contingency-fee firm charge the client for the cost of litigation cost insurance, payable only if the client recovers?
Yes, with conditions. The opinion concludes a firm may pass the cost of a litigation insurance policy to the client upon recovery if the terms are fair, reasonable, and fully disclosed in writing,…
Can a lawyer talk to the press about a case that is on appeal, criticizing the other side and repeating the allegations in the complaint?
Per the Committee, generally yes; extrajudicial statements about a case pending on appeal usually do not have a substantial likelihood of materially prejudicing an adjudicatory proceeding under Rule…
May a Colorado judges' association hire a public information officer for education, advocacy and retention responses?
The Association may hire a public information officer for Code-compliant outreach and advocacy. Its members, especially officers, remain responsible for the officer's statements; retention responses…
Can a lawyer who moved to Michigan keep practicing for clients in states where they are licensed while a Michigan bar application is pending?
The opinion concluded that an out-of-state lawyer who relocates to Michigan and applies for admission may continue working remotely from Michigan on client matters in the jurisdictions where the…
Could a Utah part-time justice court judge continue as a bankruptcy trustee after becoming a full-time judge?
No. The Committee classified bankruptcy trusteeship as a fiduciary position barred to full-time judges by Rule 3.8 and said a judge moving to full-time service must comply as soon as reasonably…
Can a judge who performs opposite-sex weddings refuse to perform marriages for same-sex couples?
No. A judge who performs marriages for opposite-sex couples may not refuse to perform them for same-sex couples; doing so manifests bias and prejudice under the Model Code. A judge may decline to…
Can a lawyer who represents employees take on the employer as a client in unrelated matters, drop a client to do so, or later sue a former client?
The opinion concluded that, absent informed written consent, a lawyer may not represent an adverse party (an employer) in unrelated matters while representing current clients with claims pending…
What duties govern a Louisiana lawyer's use of cloud services, mobile devices, and other technology?
The lawyer must consider the technology's benefits and risks, use reasonable care to keep client information secure and accessible, communicate relevant risks, and supervise technology providers.
What counts as an "ex parte proceeding" that triggers a lawyer's duty to disclose adverse facts to the court under Rule 3.3(d)?
Rule 3.3(d) requires a lawyer in an ex parte proceeding to disclose material facts, including adverse ones, that let the tribunal decide informed. The opinion reads "ex parte proceeding" narrowly:…
If a lawyer receives an opposing party's confidential information from someone authorized to disclose it, must the lawyer notify opposing counsel?
The opinion concludes that a lawyer who receives confidential information through an intentional, authorized disclosure is not required to notify the opposing party's lawyer, because Rule 4.4(b)…
What must a lawyer do after receiving a document or ESI from the opposing side that was sent by mistake?
The opinion concludes that a lawyer who receives confidential information that was inadvertently sent must promptly notify the opposing party's lawyer, and should then either follow the sender's…
Can a lawyer pay a third party for confidential documents or evidence that the third party is contractually barred from sharing?
The opinion concludes that a lawyer may not solicit or accept evidence if the lawyer knows or should know that doing so violates a third person's legal rights, such as a confidentiality agreement,…
May a judge’s spouse work as a poll worker in a nonpartisan municipal election?
West Virginia JIC Opinion 2019-05 permits the spouse to serve as a municipal poll worker and declines to extend an earlier bar on a judge’s secretary to spouses.
May a Maryland District Court commissioner sell Mary Kay products as an independent contractor?
Maryland Judicial Ethics Opinion 2018-38 says a commissioner may not sell Mary Kay products as an employee or independent contractor because the business and customer payments conflict with…
May a judge tell a respondent’s prospective jail employer about a drug test learned in a confidential case?
West Virginia JIC Opinion 2019-04 bars direct disclosure to the employer, but permits directing the respondent to disclose and later requiring testimony and proof that the respondent complied.
Can a Kentucky lawyer post about a current or former client, or name the client, on a blog or social media without consent, and does a public record change that?
No. Without client consent a lawyer may not reveal information relating to the representation, or the client's identity, on a blog or social media, and there is no exception just because the…
May a magistrate serve on a county fire board promoting a new fire-service fee?
West Virginia JIC Opinion 2019-03 bars the board service because it could appear to use judicial prestige on a political fee question, involve fundraising, and conflict with fee cases in magistrate court.
Can a lawyer who runs or works with an R&D tax-credit business pay or receive referral fees from lawyers and from the business?
The opinion concludes a lawyer's own tax-credit firm may not pay lawyer referral fees unless Rule 1.5(g) or 7.2 allows it; a lawyer employed by a non-lawyer-owned tax-credit firm may take a referral…
Could a judge preside over a bench trial for false liens filed against two fellow judges?
Yes, on these facts and if able to be fair and impartial. The Commission found no special circumstance that would reasonably call the judge’s impartiality into question.
What must a New Hampshire lawyer do to protect client confidences when traveling internationally with devices that could be searched at the border?
Lawyers remain bound by the Rules abroad: Rule 1.1 competence includes staying current on technology, and Rule 1.6 requires protecting client confidences, so a lawyer should understand how devices…
May a newly appointed judge receive capital and profit payments owed by a former law firm?
West Virginia JIC Opinion 2019-01 permits both contract payments during the firm withdrawal, with disclosure and Trial Court Rule 17 procedures in cases involving the former firm while payments continue.
Can a lawyer who drafted a real estate contract hand it to the client's broker without the client's consent, and does the lawyer's own interest in withholding it create a conflict?
No to disclosure without consent. The opinion concludes a lawyer-drafted sale contract is confidential information the lawyer must protect absent the client's informed consent, and the lawyer's own…
Can a New York lawyer affiliate and share fees with a New York resident who is admitted only in another state but in New York federal courts, purely to bring in New York clients?
The opinion concludes the arrangement is improper if the other lawyer's soliciting clients, sharing fees, and other activities would, as a matter of law, be the unauthorized practice of law; a…
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.