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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When an insurer hires an attorney to defend an insured, can that attorney also represent the insurer's interests once a coverage dispute arises over tendering policy limits into court?
The opinion held that the insured, not the insurer, is the attorney's client, so the attorney may not represent or advise either the insured or the insurer once a conflict arises between them over…
Can defense counsel in a Colorado personal injury or malpractice case talk ex parte with the plaintiff's treating physician once the plaintiff has put a medical condition in issue?
The opinion concluded that although a plaintiff who pleads a physical or mental condition impliedly waives the physician-patient or psychologist-client privilege for that condition, defense counsel…
After a verdict, can a Colorado trial lawyer tell the jurors about evidence that was suppressed or never admitted at trial?
The opinion concluded that after a verdict it is improper for a lawyer who participated in the trial to tell the jury about information not presented at trial if it is disclosed to criticize the…
If one partner in a firm represents a client in a divorce, can another partner in the same firm sue that client in an unrelated matter?
No. The opinion concluded that loyalty under Rule 1.7 bars any lawyer in the firm from suing a person another firm lawyer currently represents, even in a completely unrelated matter, absent the…
Can a lawyer use a medical-legal consulting firm that charges the client a contingent fee and supplies expert witnesses?
Only with care. The opinion concluded a contingent-fee consulting contract can violate the rules if it amounts to fee splitting with a nonlawyer, if expert witnesses are in effect paid contingent on…
May a lawyer who serves as a part-time judge of a court not of record represent criminal defendants in other courts?
Yes. The committee concluded that a lawyer serving as a part-time municipal judge of a court not of record may act as defense counsel in criminal cases filed in other courts, subject to the Code of…
Can a lawyer charge a workers' compensation client for case expenses like travel and deposition costs separately from the statutory 25% cap on attorney's fees?
Yes, assuming the statute does not prohibit it. The opinion concludes a lawyer may, and indeed must, charge the workers' compensation client for expenses incurred in the representation separate from…
Can a lawyer represent a current client against a former client when the two matters are unrelated and the lawyer holds no confidences usable against the former client?
Yes. The opinion concludes that under Rule 1.9 a lawyer need not withdraw from representing a present client against a former client where there is no substantial relationship between the matters…
Can a Tennessee law firm lease non-lawyer office staff, such as secretaries or bookkeepers, from a third-party staffing employer instead of hiring them directly?
The opinion held there is no impropriety in a law firm leasing non-lawyer staff personnel from a third-party lessor/employer, provided the firm exercises reasonable care to prevent the leased…
Can an attorney holding real estate closing funds park them in a money-market or government securities fund like a Merrill Lynch Government Fund?
No. Funds held pending a real estate closing may be deposited only in a New Jersey financial institution (a bank, savings and loan association, credit union, or savings bank); a government…
When a client fires a lawyer mid-case, can the lawyer charge for copying the file and hold the file until the copy costs are paid?
The opinion concludes a discharged lawyer may charge the actual cost of duplicating the file but, in a pending matter, may not condition release of the copy on prior payment; after the matter has…
At what point does an attorney-client relationship form for purposes of the ethics rules, even without a signed fee agreement?
The opinion concluded that an attorney-client relationship can exist for ethical purposes even without a contract; on these facts it arose when the prospective client supplied the documents the…
If a criminal client gives a lawyer physical evidence of the crime, may the lawyer take and keep it, or must it be turned over to the prosecution?
The opinion concluded the Commission could not definitively answer, because the duty turns on the Maine Criminal Code, which the Commission lacks authority to interpret; it laid out the competing…
What confidentiality and conflict duties arise when a pro bono referral project's lay staff and volunteer lawyers screen and refer clients?
The opinion concluded the referral project itself is not a client or an attorney, but its lay staff handle client confidences a supervising lawyer must protect; the screening 'lawyer of the day'…
In a criminal case, may defense counsel raise an insanity defense without the client's consent, or over the client's objection?
The opinion concluded the lawyer may not enter a not-guilty-by-reason-of-insanity plea without the client's consent. Once the court finds the client competent to stand trial, the decision to assert…
When a paralegal leaves one firm and joins the opposing firm in pending cases, is the hiring firm disqualified by a conflict of interest?
A paralegal's prior work is not automatically imputed to the hiring firm, but the former firm may make a series of confidentiality requests, and because of the appearance of impropriety the hiring…
Can a lawyer who chairs the board of a counseling agency represent one spouse in a divorce after the couple was counseled at that agency and referred to him?
No. Because the lawyer-board member had access to the couple's confidential counseling file and financial information, representing one spouse against the other would let him do indirectly what he…
Can a lawyer take a disputed fee out of funds received for a client from a third party when the client does not agree?
No. The opinion concluded that a lawyer may not withdraw a disputed fee from client funds; the disputed portion must stay in trust until the dispute is resolved, though the lawyer is not required to…
Can a lawyer threaten criminal charges to gain leverage in a civil debt collection?
The committee concluded it is unethical for a lawyer to threaten criminal charges solely to gain an advantage in a civil matter, including alluding to possible prosecution in a debt-collection…
Could a robed judge set mock fines at a charity fundraiser’s staged trials?
The Commission discouraged acting as the event’s judge and said that if the judge participated, the judge should not wear robes or lend judicial prestige to fundraising.
Could a judge’s past borrowing from a bank’s expected witnesses or current bank accounts make recusal appropriate in a case involving that bank?
The Commission said recusal might be appropriate in both described situations and pointed to Opinion 76-5; it did not say either relationship automatically disqualified the judge.
Can an Alaska lawyer let clients pay legal fees by credit card and charge interest on overdue accounts, and can charges be made automatically under a retainer agreement signed in advance?
The opinion concluded that clients may pay fees and costs by credit card and that interest may be charged on delinquent accounts, both with advance disclosure to the client, but a card could be…
Can a law firm continue as trial counsel when it must call a former associate of the firm as a witness for the client?
The opinion concluded that the firm may continue as trial counsel even though it will call a former associate as a witness; the advocate-witness bar of DR 5-101(B) disqualifies a lawyer who will…
May a lawyer make ex parte contact with an expert witness or consultant retained by opposing counsel?
The opinion vacated Ethics Opinion 84-8 and concluded that ex parte contacts should not be made with expert witnesses retained by opposing counsel; discovery from experts to whom Alaska Civil Rule…
Do the political-activity restrictions of Canon 7 of the Code of Judicial Conduct apply to a lawyer who is a candidate for judicial appointment under a merit-selection plan?
The opinion adopted ABA Informal Opinion 85-1513 and concluded that the political-activity restrictions of Canon 7, Section A apply to a candidate for judicial office by gubernatorial appointment…
Can a Tennessee lawyer serve as a volunteer Peacemaker on a panel for a nonprofit Christian conciliation service without it being the unauthorized or improper practice of law?
The opinion held that the proposed Christian conciliation program does not constitute the practice of law because the volunteer lawyers on its panels give no legal advice and represent no party, so…
Can a Tennessee lawyer direct the interest earned on a client trust account to a charity of the lawyer's own choosing?
No. The opinion held that a lawyer may not give trust-account interest to a charity the lawyer designates, but may voluntarily place client trust funds in an interest-bearing account under the…
Can an attorney who is an independent-contractor county counsel on specific civil matters also serve as a municipal public defender and appear in other municipal courts in the same county?
Yes. Because he is an independent contractor on specific civil cases, not part of the county's official family, and the county is not a party to his criminal or public-defender work, the Committee…
Can an attorney who sits as an unpaid member of a regional planning board represent residents in court challenging an ordinance of a municipality that belongs to that board?
Yes. An unpaid board member may bring a court challenge to a constituent municipality's ordinance, especially where the challenge aligns with the board's own position; he simply may not appear…
Can a law firm that serves as bond counsel to a municipality also represent private clients before that municipality's governing body or boards?
No. A firm acting as bond counsel for a municipality may not represent private interests before that municipality's governing body or agencies; the disqualification is firm-wide under RPC 1.10(a)…
Can a former deputy attorney general represent a private client before a licensing board he once advised, in a disciplinary matter that began during his government service but that he never worked on?
Yes. Because the former deputy attorney general had no actual or supervisory involvement in, and no knowledge of, the investigation, only the appearance of impropriety is at issue, and that is cured…
Can a lawyer whose firm represents the government or prosecution accept a court appointment to defend a criminal case?
Possibly. The opinion found no per se conflict, but the lawyer and firm must work through Rules 1.11, 1.7, and 1.9 case by case, with screening and notice where required; simultaneous representation…
Should a Maryland appellate judge hear an appeal that challenges a ruling by the judge’s trial-court sibling?
The Committee concluded that the appellate judge should not sit when the appeal puts the correctness of the sibling’s decision at issue, because participation would create an appearance of impropriety.
Can one attorney be both county counsel and a township prosecutor in that county, and can another be both a township solicitor and counsel to the county welfare board?
The Committee found no conflict in serving as both county counsel (civil) and township prosecutor (criminal), but held that the township solicitor could not also be county welfare board counsel and…
Can a city attorney who serves on the board of a legal services corporation defend the city against suits brought by that corporation's clients?
No. A city attorney who sits on the board of a regional legal services corporation may not defend the city in suits its clients bring against the city; the Committee concluded he should leave the board.
Can a lawyer require the other party to sign general releases of civil claims before agreeing to a mutual dismissal of municipal-court cross-complaints?
The Committee found no ethical violation. Where a defendant facing a criminal cross-complaint conditions a mutual dismissal on an exchange of civil releases, and no party threatened or used criminal…
Can a municipal prosecutor's law firm privately represent the same municipality's judge, or take fee-sharing referrals of the judge's negligence cases?
No. Both the municipal prosecutor's firm representing that municipality's judge in private matters and accepting fee-sharing referrals of the judge's negligence cases are improper, because the…
Can a lawyer arrange to pay a medical expert or consulting service a percentage of the client's recovery, and how must New Jersey counsel handle fee-sharing with pro hac vice counsel?
Counsel should not participate in a contingent-fee arrangement paying a medical consulting service or doctor a percentage of the recovery, as it contravenes the policy of maximizing the injured…
Should a district judge continue serving on the Sumter County Districting Commission?
The Commission concluded under Canon 5G that the judge should not continue on the districting commission; it expressly declined to construe the constitutional public-trust provision.
Is a judge disqualified whenever a firm employing the judge’s son as a law clerk appears in a case?
The Commission said the son’s employment alone did not disqualify the judge, but the judge would be disqualified in a proceeding in which the son participated.
Can a Florida lawyer send a statutory worthless-check notice on a client's behalf without it being an improper threat of criminal prosecution?
The opinion concluded that sending the statutorily prescribed worthless-check notice on a client's behalf is not an impermissible threat of criminal prosecution, provided the notice states it is…
Can a lawyer who served as intermediary in a private adoption reveal the natural parents' identity to the adoptive parents so they can sue to recover money paid?
The opinion concluded that, where the natural parents' identity was never disclosed and was not intended to be revealed, the attorney who acted as intermediary may not reveal it to the adoptive…
Must a judge named as a defendant in a constitutional challenge switch to the plaintiff side after concluding the statute is probably unconstitutional?
The Commission said the Canons did not require the judge to realign as a plaintiff; the judge’s position as an unwilling defendant was outside their governance.
Should a circuit judge serve on the Alabama State Fair Authority?
The Commission concluded under Canon 5G that the judge should not continue serving on the Authority; it expressly declined to construe whether the seat was a constitutional position of public trust.
May a probate judge admit a will when the judge’s son is attorney of record and all interested parties waived notice?
The Commission said the probate judge was disqualified from the proceeding despite the filed waivers of notice, but that disqualification could be remitted under Canon 3D.
Can a New York lawyer who is attorney for the town's zoning and planning boards also serve as a town justice?
The opinion concluded that an attorney serving by town-board appointment as counsel to the zoning board of appeals and the planning board may not also serve as a town justice, because litigants…
Can a lawyer charge a guaranteed reasonable fee plus a higher bonus fee contingent on successfully obtaining the client's commercial development permits?
A majority of the Commission concluded the arrangement is permissible. The 'subject matter of litigation' in the proprietary-interest rule reaches administrative permit work, and a fee that is…
Must a New York lawyer deposit a refundable advance fee in a client trust account, and who keeps the interest it earns?
The opinion concluded that advance payments of legal fees, refundable to the extent not earned, need not be treated as client funds or deposited in a trust account, and any interest earned may be…
Could a circuit judge serve on a county Cooperative Extension Service committee reviewing its budget?
West Virginia JIC Opinion 1985-02 found the described committee role permissible under former Canon 5B and article VIII, section 7 of the state constitution.
Did a new judge have to recuse from support enforcement cases filed while the judge served as county prosecutor?
West Virginia JIC Opinion 1985-01 called for recusal from support cases filed during the judge's prosecutor tenure; it said recusal would appear to be the rule even when an assistant handled the case.
What must a lawyer do with client trust-account funds, such as filing-fee refunds, when the client cannot be located?
The opinion concludes the lawyer must continue to hold and account for the funds and make reasonable efforts to locate the client, until the money is presumed abandoned under the Mississippi Uniform…
May a judge agree to recuse from every case in which specified lawyers oppose each other because one accused the judge of favoritism?
The Commission said the judge could not maintain the blanket recusal agreement on the stated unfounded accusations; a particular recusal could still be appropriate in different circumstances.
May a probate judge appoint an attorney son or daughter as guardian ad litem in a judicial probate matter?
The Commission said a probate judge could not appoint an attorney son or daughter as guardian ad litem in matters pending before the probate court in its judicial capacity.
Does filing his own affidavit in a case disqualify a lawyer from continuing to appear as counsel under the lawyer-witness rule?
The opinion concluded that merely filing his own affidavit does not by itself violate the lawyer-witness disqualification rules, because an affidavit ordinarily fills an evidentiary gap on a…
Must a lawyer drop a long-time client when the opposing party joins a group that the lawyer's partner represents in a completely unrelated matter?
The opinion concluded that the lawyer need not withdraw, because the two matters are entirely unrelated and the opposing party was never the lawyer's client, so continued representation is proper…
Is it ethical for a settlement negotiation to include terms about the plaintiff's attorney's fees, including a defense offer conditioned on the lawyer waiving fees?
The opinion held that settlement negotiations including provisions for attorney's fees are not inherently improper and may be appropriate, provided plaintiff's counsel fully advises the client of…
Can a lawyer's firm represent a party in a civil case arising from a traffic matter the lawyer heard as a substitute judge?
The committee concluded a firm member other than the lawyer who heard the traffic case as a substitute judge may represent an insured defendant in the related civil suit. It was decided under…
Can the attorney for a township zoning board defend both the board and the municipality when a resident sues to challenge a variance?
Yes. Where the township and its zoning board share mutual interests in defending the suit and have no grievances against each other, one attorney may defend both; RPC 1.7 does not change that…
Can county counsel also represent a municipal housing authority located within that same county?
No. Because a municipal housing authority is a creature of the municipality, and an attorney may not be counsel to both a municipality and the county in which it sits, the Committee held it…
Can a municipal court judge share in the criminal-case fees earned by a law partner or associate who practices in counties other than where the judge sits?
No. Although a partner or associate of a municipal court judge may practice criminal law outside the county where the judge sits, the judge may not share in the fees generated from that criminal…
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.