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.
Can a lawyer agree to a client's contingent-fee contract with a medical consulting service that supplies experts and bars reuse of them?
The opinion concluded that a lawyer may not acquiesce in or recommend the contingent-fee contract presented. The lawyer cannot supervise the independent service as ER 5.3 requires, the agreement's…
Can a lawyer directly contact the employees of an adverse corporation to investigate the case?
The committee concluded it is improper to directly contact an adverse corporation's employees who are part of its 'control group,' meaning those who can commit the corporation to specific causes of…
Can a company hire a lawyer licensed only in another state as in-house counsel in Alabama without that lawyer passing the Alabama bar?
The opinion concluded an attorney admitted in another state but not in Alabama may work as a corporation's full-time in-house counsel doing legal work exclusively for the employer without committing…
Can a lawyer send a demand letter threatening to sue someone who owes a client money?
Yes, with qualifications. The Committee concluded a lawyer may demand payment and threaten suit if the lawyer reasonably believes the claim and the intent to sue are legitimate, but may not threaten…
Can a plaintiff's lawyer in Colorado contact the defendant's insurance adjuster directly once the insured is represented by defense counsel?
The opinion concluded that once a claimant's or plaintiff's lawyer knows the insurance company has retained counsel to represent its insured in the matter, that lawyer may not communicate, or cause…
Can a Maryland court master take temporary unpaid leave to campaign actively for a spouse seeking elective office?
No. The Committee says leave does not avoid the then-cited partisan-activity restriction; a master choosing active campaign involvement should resign.
Can a lawyer advertise 'no fee unless you recover' without telling potential clients they may still owe litigation costs if the case is lost?
No; the opinion concluded that because lay readers treat 'fees' and 'costs' as interchangeable, a 'no fee unless recovery' ad is misleading unless it also indicates the client remains liable for costs.
Can a law firm offer and advertise a divorce mediation service to both spouses without representing either party?
The opinion concluded that a firm may offer a private divorce mediation service to both spouses if it represents neither, uses no confidences against either, and (where it formerly represented a…
Can a criminal defense lawyer whose spouse works in the District Attorney's office defend cases prosecuted by that office, and is the DA's consent required?
The opinion concluded that, with full disclosure and the client's informed written consent, the defense lawyer may take the case even though the spouse is an assistant district attorney, so long as…
Can two part-time assistant public defenders who share office space and a secretary represent codefendants with conflicting interests in the same case?
The opinion concluded there is no per se bar; the two may represent conflicting codefendants if each discloses the arrangement, obtains consent, and can give undivided loyalty, but they may not use…
Is a non-refundable fee earned upon receipt unethical in a criminal defense matter?
The opinion concluded that there is no per se rule making 'earned upon receipt' fee contracts unethical, because ER 1.5(a)(8) recognizes fixed fees. The reasonableness of each such fee is judged…
How long must a lawyer keep closed client files, and when can the lawyer destroy them?
The opinion concluded that a lawyer must first determine whether the papers belong to the client or the lawyer; client papers should not be destroyed without contacting the client, while the…
Can a lawyer take a criminal-defense fee out of the client's recovery in a separate civil case?
The opinion concluded that a fixed criminal-defense fee paid from the client's eventual civil recovery is not a prohibited criminal contingent fee, because the fee does not turn on the outcome of…
Can a lawyer for a partnership tell the limited partners about the general partner's misconduct?
The opinion concluded that a lawyer for a limited partnership may disclose the general partner's improprieties to the limited partners, because the duty of loyalty runs to the partnership entity and…
Could judges rotate authorship of an unpaid newspaper column explaining legal issues?
The Commission allowed a narrowly limited law-education column if it did not cast doubt on impartiality or promote the newspaper; judges could not give legal advice or comment on substantive law.
Did the judicial Canons require a judge to tell a grand jury about possible crime revealed in camera during counsel’s withdrawal request?
The Commission found no Canons duty or prohibition on disclosure. It separately noted that Canon 3B(3) could require disciplinary action if counsel had a disclosure duty and failed to fulfill it.
Did a judge’s uncle or the uncle’s law firm automatically disqualify the judge, compared with second or third cousins?
The 1986 opinion required recusal for the uncle and his firm but not for more distant cousins. Opinion 88-338 later overruled or modified the automatic firm-affiliation rule to the extent of conflict.
Must a lawyer who learns from a new client of a husband's concealed mortgage disclose the fraud to the former client, the wife, and the court?
Yes. The Committee held that the crime-or-fraud exception to the privilege (Evidence Rule 26(2)(a)) and RPC 1.6(b) required the lawyer to notify the court and the former wife of a secret mortgage…
Can a lawyer whose partner is a part-time deputy district attorney take criminal defense cases?
No. The Committee concluded that a private lawyer in partnership with a part-time deputy district attorney may not defend anyone charged under Nevada law in any Nevada court, because the deputy is…
Can the settlement attorney for a failed real estate closing buy the property himself?
The committee concluded the settlement attorney for a transaction that fell through on the buyer's default may purchase the property himself, provided he complies with DR 5-104 on business dealings…
Could a Colorado lender recover attorney fees for collection or foreclosure work performed by salaried in-house counsel?
Yes, but only the reasonable pro rata salary and benefits actually attributable to the matter. The opinion excluded overhead and support costs because any excess would be an unreasonable fee or…
Can a lawyer contact a specific business in person, by phone, or by mail to pitch the firm's services and fees, hoping to be hired, with no prior relationship?
The opinion concluded that the lawyer may not make such targeted contacts to specific businesses, in person, by telephone, or by mail, where a significant motive is pecuniary gain and there is no…
Can a lawyer with a Juris Doctor degree call himself 'Doctor' or 'Dr.' and sign his name that way?
The opinion concluded that, because it is not normal practice to refer to a Juris Doctor degree as a doctorate or to call a JD-holding lawyer 'Doctor,' using those terms without explanation could be…
Can a public defender do favors for jailed clients like cashing or buying money orders, and must client funds pass through a trust account?
The opinion concluded that nothing prohibits an attorney from doing such favors for clients, but money received from a client or for delivery to a client must be deposited into a trust account and…
Must a lawyer who served as deed-of-trust trustee, and who once represented the seller, resign as trustee when the foreclosure becomes contested?
The opinion concluded that a lawyer-trustee who represented the seller at closing is not ethically required to resign as trustee in a contested foreclosure, so long as he does not currently…
When a lawyer holds a real estate contract deposit as escrow agent, does the lawyer have to put the money in an interest-bearing account?
The opinion concluded that a lawyer holding a contract deposit as escrow agent should, where the amount and holding period would warrant it for client funds, recommend that the parties include…
Must a New York judge recuse when a party is represented by a lawyer who once represented the judge?
The opinion concluded that there is no per se rule; whether the judge must recuse turns on whether the judge's impartiality might reasonably be questioned under Code of Judicial Conduct Canon 3C(1),…
Can a Florida lawyer charge interest on unpaid fees and on advanced costs?
The opinion concluded that a lawyer may charge a lawful rate of interest on liquidated fees and on advanced costs, either by advance written agreement or, absent an agreement, upon reasonable…
May a lawyer disclose that a purported accident passenger he also represented submitted a fraudulent insurance claim?
Yes. The Committee held that the facts fall within the RPC 1.6(c) exception authorizing the lawyer to disclose, where he had represented both a driver and a purported passenger and the driver's PIP…
Can a municipal court judge co-own an office building with the municipal prosecutor and municipal attorney of the same town, if they keep separate offices?
No. The Committee concluded the co-ownership would be the equivalent of sharing office space and present an absolute appearance of impropriety, given that a municipal judge would be a business…
Could a judge ride in a sponsored charitable bike event when a radio station arranged pledges and the judge did not know the sponsors?
Yes. The Commission allowed participation on those facts, provided the judge did not solicit funds or let the event use judicial prestige for solicitation.
Does a judge’s earlier representation in a federal class action require recusal from a later case relying on that action’s decree?
It depends. The Commission said legal-precedent use alone did not disqualify, but a decree urged as binding on a party in the later case did under Canon 3C(1)(b).
Does a judge’s or immediate family member’s ordinary bank account disqualify the judge from a case involving that bank?
No, not by itself. The Commission said disqualification depended on whether the account holder’s interest could be substantially affected by the case’s outcome.
Can a Florida law firm use the word 'Associates' in its firm name?
The opinion withdrew the committee's earlier opinions barring the term 'Associates' and directed lawyers to follow the Florida Supreme Court's Fetterman decision, which permits the term where the…
Can a Deputy Attorney General prosecuting a licensee before a professional board contact the board's head ex parte about settlement?
No. The Committee held that the agency head who sits in judgment on the matter is the equivalent of a judicial officer, so ex parte settlement communications by the prosecuting DAG, or by another…
Who is entitled to the interest earned on settlement funds held in an attorney trust account, and can the firm keep the 'float' after disbursement?
Interest on the client's portion of settlement funds belongs to the client; interest accrues to each party from the day of deposit based on the principal due to each. The firm keeping the 'float'…
Can a law firm that is owed fees serve on the creditors' committee in the bankruptcy of a former client?
The opinion concluded a firm should not serve on the creditors' committee in a former client's bankruptcy without the former client's informed consent, because committee service creates a fiduciary…
Can a lawyer agree to pay a public interest organization a percentage of court-awarded attorney's fees on cases it refers?
The opinion concluded that an agreement to pay a non-lawyer public interest organization a percentage of the lawyer's court-awarded fees is prohibited fee splitting with a non-lawyer under Rule…
Must a firm refund a retainer after withdrawing for a conflict, and can it make the client release malpractice or misconduct claims?
The opinion concluded the firm had to refund the part of the retainer not earned on the matter it withdrew from, could not require a release of future malpractice or of any ethical-misconduct…
Can a lawyer take a child support arrearage case on contingency when the child is young and the custodial parent is not indigent?
The committee concluded it is improper to take a child support arrearage collection on a contingent fee where the child is nine, has recently visited the noncustodial parent, and the custodial…
Must a lawyer tell successor counsel about a polygraph report when the client opposes disclosure?
The committee said the file belongs to the client and Attorney A should give it to the client to pass to Attorney B as the client chooses. It recommended against telling Attorney B about the…
Must a judge recuse from a prosecution begun while the judge was an assistant district attorney if the judge had no role or knowledge then?
No. The Commission said the judge was not disqualified on those facts because the former prosecutor had neither participated in nor known of the case.
Did an appearing lawyer from the judge’s first cousin’s firm, or a first-cousin expert witness of the judge’s spouse, require recusal?
The original opinion required recusal for both and allowed remittal. Opinion 88-338 later modified the automatic law-firm affiliation rule; the separate expert-witness ground was stated under Canon…
Could a district judge chair drinking-and-driving and seat-belt safety programs and speak in public service messages?
Yes. The Commission said the described leadership, advertising, and speaking were not prohibited, subject to Canons 4 and 5.
Could a retired active circuit judge serve as a paid arbitrator or mediator?
Yes. The Commission said the Canons’ Compliance section exempted retired active judges from Canon 5E’s restriction on arbitration and mediation.
Could a judge appoint a qualified second cousin as judicial secretary?
Yes, if based on merit rather than nepotism. The Commission said a second cousin was in the sixth degree, outside the statute’s absolute fourth-degree bar.
Must a judge recuse when appearing counsel rents a residence from the judge’s wife and her aunt?
Yes. The Commission said the rental relationship made the judge’s impartiality reasonably questionable under Canon 3C(1).
Can a lawyer advise a DUI client to refuse a breath, blood, or urine test under Arizona's implied consent law?
The opinion concluded that a lawyer may not advise a client arrested for DUI to refuse a chemical test, because under Campbell v. Superior Court the driver has no right to refuse, so a refusal is…
Do the competence and diligence rules limit how many cases a part-time prosecutor can take on?
The opinion concluded that prosecutors, like all lawyers, must provide competent and diligent representation, and that a lawyer who accepts more cases than can be competently handled violates ER…
Can a firm split fees with an of-counsel lawyer by reconciling work across all clients at the end of an accounting period?
The opinion concluded that the proposed plan, paying an excess at the end of an accounting cycle based on overall work for each other's clients without telling the client, did not conform to the…
Can a lawyer give clients a written guarantee of a permanent visa with a money-back promise, and advertise it?
The opinion concluded that a form guaranteeing a permanent visa with a refund of fees is improper, because the word guarantee is misleading under the advertising rules, a money-back promise that…
Did the then-existing West Virginia Judicial Code of Ethics cover municipal or police judges and their political activity?
West Virginia JIC Opinion 1986-01 concluded that the then-existing Code and complaint rules did not place municipal or police judges within their coverage.
Can one lawyer or firm represent both the survivors in a wrongful-death action and the decedent's estate?
No, not without consent. The opinion concluded that representing both the survivors and the estate can create an impermissible conflict under Rule 1.7, imputed across the firm under Rule 1.10(a),…
May a Maryland judge candidate’s name appear on the same election ticket as nonjudicial candidates, even if unopposed?
Yes, under this opinion, including when the judge appears unopposed. The holding is limited to listing the judge’s name on the ticket and does not authorize additional joint campaign activity.
Can a settlement attorney disburse loan funds from trust based on deposited financial instruments under the Wet Settlement Act?
The committee concluded it is not improper to disburse from a trust account under the Virginia Wet Settlement Act when the disbursements rest on deposits of the financial instruments, or instruments…
May a judge’s spouse independently work, endorse, and raise funds for a candidate for public office?
Yes. The Committee says judicial Canons govern the judge rather than the spouse, and cautions that the spouse should ensure the work is understood as personal activity rather than surrogate…
May class representatives remit a judge’s disqualification for all absent members of a class action?
No. The Commission said Canon 3D’s written agreement was personal to every party and lawyer, so class representatives could not consent on behalf of the class.
Could a part-time municipal judge participate in another person’s campaign for a nonjudicial office?
Yes. The Commission said Canon 7A strongly discouraged but did not prohibit the described participation, provided the judge followed Canon 7’s conditions.
Could a part-time municipal judge also serve as a part-time assistant district attorney, and what case limits applied?
The Commission said the Canons did not prohibit both roles, but disqualification required case-by-case review and the judge could not act as prosecutor in a matter previously handled as judge or a…
Does a judge’s stock in a corporate party or checking account at a bank party require recusal?
The Commission disqualified a judge holding stock in a corporate party. An ordinary bank checking account alone did not disqualify, unless the account was in issue or substantially affected.
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.