Legal Ethics Opinions

Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.

15,720 opinions and counting · 63 bars · Updated October 29, 2026
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DCBA

Can a D.C. lawyer put a mandatory arbitration clause in a fee agreement, and does the lawyer have to send the client to independent counsel first?

The opinion concludes that a mandatory arbitration provision in a fee agreement, including one covering legal-malpractice claims, is an ordinary fee arrangement governed by Rule 1.5, not a business…

376 ·Formal
January 2019
WSBA

Can a lawyer who goes inactive or retires keep a trust account open just to receive and process a former client's settlement checks?

No. The committee concluded that an inactive lawyer may not own or operate a trust account to hold client funds, because only a lawyer authorized to practice may be a signatory on an RPC 1.15A…

201903 ·Formal
2019
WSBA

When a private attorney is hired as a special assistant attorney general to pursue L&I's third-party claim, is the injured worker also the attorney's client?

No. The committee concluded that under the standard L&I agreement, the Department, not the injured worker, is the sole client, because the worker assigned the claim to L&I; the attorney may not…

201902 ·Formal
2019
WSBA

After mediating a divorce between two unrepresented spouses, can the lawyer-mediator prepare the court pleadings that carry out their agreement?

Qualified. The committee concluded a lawyer-mediator may write up the parties' agreement and may fill in blanks on a pleading form as the parties direct, but may not draft customized pleadings for…

201901 ·Formal
2019
JUDI

May a family judge use children’s testimony from one related case in another involving their mother?

West Virginia JIC Opinion 2019-24 permits use of child-related information across two related cases. It also permits the second father to view in camera testimony after the judge tells all parties…

2019-24
2019
CA

What must a California civil-trial lawyer do when a client's witness has testified or will testify falsely?

Under California Formal Opinion 2019-200, an attorney may use evidence that is merely suspected to be false but must refuse to present testimony known to be perjured even on the client's…

2019-200 ·Formal
2019
CA

When does a California lawyer become responsible for a profile on a third-party online directory or rating website?

Per California Formal Opinion 2019-199, an attorney becomes responsible for a third-party directory profile when the attorney 'adopts' or otherwise uses it to market the practice, at which point…

2019-199 ·Formal
2019
CA

May a California lawyer who must withdraw because the client's claim lacks merit try to settle the case before withdrawing?

Per California Formal Opinion 2019-198, yes. The attorney's duty under Rule 1.16(d) to avoid reasonably foreseeable prejudice may be satisfied by negotiating a settlement before withdrawal, provided…

2019-198 ·Formal
2019
CA

When can a California lawyer consult outside counsel or law-firm in-house counsel about a current client's matter without creating a conflict and what must the lawyer tell the client?

Per California Formal Opinion 2019-197, the act of seeking legal advice about ethical compliance is not itself a conflict and need not be disclosed; once the lawyer learns of an error that could…

2019-197 ·Formal
2019
MOLE

May a Missouri lawyer pass credit-card processing fees to a client?

Yes, if disclosed in advance, limited to actual processing cost, accepted with informed consent, and consistent with processor terms and law. If the lawyer pays the fee, it cannot be deducted from…

2019-08
2019
MOLE

How are conflicts imputed when a Missouri firm's of-counsel lawyer provides case-by-case pro bono work at a nonprofit?

With case-by-case contract work and access only to assigned files, the nonprofit's other conflicts do not reach the firm, though the lawyer's own nonprofit matters do. Broader file access makes both…

2019-07
2019
MOLE

What must a Missouri lawyer disclose after missing a client's filing deadline, and may negotiations continue?

The lawyer must explain the limitations failure and relevant facts, address independent advice for a possible malpractice claim, and satisfy Rule 4-1.8(h) before settlement. Negotiations may…

2019-06
2019
MOLE

May a Missouri lawyer report a client's threats of bodily harm to law enforcement?

Only with informed consent or to the extent reasonably necessary to prevent death or substantial bodily harm reasonably certain to occur. Rule 4-1.6 permits but does not require a report, which must…

2019-05
2019
MOLE

What duties apply when a Missouri firm and departing lawyer dispute compensation or division of client fees?

They must cooperate so the client promptly receives undisputed funds and should consider the Missouri Bar's lawyer dispute-resolution program. Rule 4-1.5(e) does not regulate future fees for work…

2019-04
2019
MOLE

Who controls client files when a Missouri lawyer leaves a firm?

Each file belongs to the client, subject to limited unreimbursed-expense items. It remains at the firm until the client directs transfer, and the departing lawyer may not remove or copy it without…

2019-03
2019
MOLE

May a Missouri lawyer threaten criminal prosecution or a disciplinary complaint to obtain civil settlement concessions?

A criminal referral threat avoids Rule 4-8.4(d) only under the opinion's stated intent, relationship, legality, good-faith, and substantial-purpose conditions. A threat to withhold a required…

2019-02
2019
JUDI

May a circuit clerk who is not on the same ballot serve as a justice’s campaign treasurer?

West Virginia JIC Opinion 2019-02 permits the circuit clerk to serve as treasurer because the clerk was not running in that election, so the appointment would not imply an endorsement of the clerk’s…

2019-02
2019
MOLE

What must a Missouri lawyer do with opposing-party emails a client accessed using the opposing party's login?

The opinion leaves wrongful acquisition to law, requires prompt notice if the material was inadvertently sent, and warns that use may violate third-person-rights and dishonesty rules. The lawyer…

2019-01
2019
JUDI

Could an Illinois judge participate in the March for Science under the former judicial conduct code?

Yes. The Committee found that attending the described march and rally did not violate the former Code, while limiting its conclusion to that event’s subject and circumstances.

2019-01
2019
SC

Can a lawyer already representing a subcontractor against a contractor also represent the homeowners suing that same contractor, when the contractor may not have enough assets to pay both?

Yes, if the lawyer works through Rule 1.7. There is no direct adversity, but the contractor's possibly insufficient assets may create a material-limitation conflict under Rule 1.7(a)(2); if so, the…

19-05 ·Formal
2019
SC

Can insurer-retained defense counsel appear for and defend an insured who cannot be located, acting on the insurance carrier's instructions?

Yes. If the insurance contract gives the carrier the right to retain counsel to defend claims against the insured, counsel may appear and conduct the defense of a missing insured on the carrier's…

19-04 ·Formal
2019
IL

Can an Illinois lawyer outsource legal or support work to lawyers and nonlawyers outside the firm, and is client consent required?

Yes, with conditions. The opinion concludes a lawyer may outsource legal and support services if she reasonably believes they will be competent and ethical, protects client information, and avoids…

19-04 ·Formal
2019
SC

Can a South Carolina lawyer own an interest in a cannabis business that is legal under some states' laws but illegal under federal law?

The Committee does not opine on questions of law, but cautions that participating in activities illegal under state or federal law, including owning an interest in a cannabis business, may…

19-03 ·Formal
2019
IL

In a lawyer's own divorce, can the lawyer hand over client trust-account and billing records the spouse's attorney requests in discovery?

Not without a court order. The opinion concludes a lawyer may not produce client trust-account, ledger, and billing records in response to a discovery request absent a court order, and even then…

19-03 ·Formal
2019
SBAN

Can a lawyer employed in a non-attorney capacity as a state-court case officer also run a limited real-estate and title practice on the side?

The committee concluded the Rules of Professional Conduct contain no express prohibition on dual practice or second occupations. Rule 5.7 supplies the framework: to the extent the case-officer job…

19-02 ·Formal
2019
NELA

May a Nebraska law firm use a trade name that omits its LLC, LLP, or other professional-entity designation?

Yes, if the trade name complies with Rules 7.1 and 7.5 and the materials also state the firm's professional designation or legal name so the communication does not misleadingly imply a different…

19-02 ·Formal
2019
SC

Can a lawyer sell or advertise for sale a fee judgment against a former client, and what confidentiality limits apply?

Yes. A lawyer may sell a fee judgment against a former client and advertise it for sale, but may not disclose information related to the representation when doing so, because post-judgment sale to a…

19-02 ·Formal
2019
IL

Can a lawyer help a client obtain third-party litigation financing during a case without violating the ethics rules?

Yes, with limits. The opinion concludes representing or assisting a client who obtains third-party litigation financing is not unethical per se, but the lawyer must preserve independent judgment,…

19-02 ·Formal
2019
NELA

May a Nebraska lawyer transmit and store client information through third-party cloud or software-as-a-service systems?

Yes, if the lawyer makes reasonable efforts to prevent unauthorized access, maintain confidentiality, and protect against loss, breaches, business interruption, vendor failure, and other technology risks.

19-01 ·Formal
2019
SC

When a prior law firm asserts a charging lien on a settlement, how much must successor counsel hold in trust, and does Rule 1.5(e) fee-sharing apply?

Successor counsel must hold in trust an amount equal to the prior firm's charging-lien claim until the dispute is resolved, unless the claim is frivolous under applicable law. The matter is governed…

19-01 ·Formal
2019
VTBA

Must an estate executor's lawyer correct a probate accounting after learning that the executor spent funds it listed as held?

The committee concluded that the lawyer must tell the probate court the filed accounting is materially inaccurate, after privately seeking the executor's cooperation in correcting it.

19-01 ·Formal
2019
IL

Can class counsel agree to pay the class representative extra out of court-awarded fees if the representative's recovery is less than full damages?

It is risky. The opinion concludes such an agreement creates a substantial risk of an unwaivable Rule 1.7 conflict between the representative and absent class members, and in some circumstances…

19-01 ·Formal
2019
WISB

Must a criminal defense lawyer correct a court that is unaware of the client's prior OWI convictions, when the error benefits the client and no one has asked the lawyer about it?

The opinion concludes that a defense lawyer has no affirmative duty to proactively correct a court's or prosecutor's mistaken understanding of the number of prior OWI convictions, because the lawyer…

E-86-06 ·Formal
December 29, 2018
JUDI

May a judge hire the sister-in-law of the judge’s spouse’s first cousin as magistrate court clerk?

West Virginia JIC Opinion 2018-21 permits the merit-based appointment because the candidate falls outside the Code’s third-degree nepotism definition.

2018-21
December 14, 2018
FL

How may a Florida lawyer pay a for-profit lawyer-matching or referral service without improperly splitting fees?

The opinion generally permits reasonable fixed charges per time period, click, or matter referred, subject to its stated conditions, but rejects flat charges per case accepted and charges tied to…

18-1 ·Formal
December 14, 2018
NY

After a solo lawyer dies and the firm is dissolved, can the lawyer who took over the cases pay part of the fees to the deceased lawyer's estate?

Only in narrow circumstances. Because an estate is a nonlawyer, fees may go to it only under a Rule 5.4(a) exception, chiefly to compensate for legal services the deceased actually rendered before…

1159 ·Formal
December 14, 2018
RIEA

I'm a former judge back in private practice. May I represent clients in matters before the court where I served as a judge?

The panel concluded yes, subject to a limit. A former judge may represent clients before the court on which he or she served, but not in any matter in which the lawyer participated personally and…

2018-04 ·Formal
December 13, 2018
INDC

May an Indiana lawyer affiliate with a nonlawyer company or out-of-state firm that sells Indiana legal services?

The described license-rental model risks assisting unauthorized practice, surrendering professional independence, improper fee sharing, inadequate communication, unreasonable scope limits, and…

2-18 ·Formal
December 11, 2018
NY

Can a government lawyer look for outside work, and later take a job, advocating to change the very laws the lawyer helped administer?

Generally yes. The Rules do not bar a government lawyer from organizing or later joining a law-reform project, subject to protecting confidential information, avoiding personal conflicts under Rule…

1158 ·Formal
December 11, 2018
ME

What must a Maine law firm and a lateral hire do about conflicts, screening, and client files when an attorney changes firms?

The opinion walks through the lateral-move duties: limit conflicts disclosures to what Rule 1.6 allows, screen any disqualified lateral and give notice to affected former clients to avoid imputed…

219 ·Formal
December 5, 2018
ABA

Can a lawyer refer a client to a finance company or broker to borrow money to pay the lawyer's fee?

Yes. The opinion concludes a lawyer may refer a client to a fee-financing company or broker in which the lawyer has no financial interest, provided the lawyer complies with Rules 1.2(c), 1.4(b),…

484 ·Formal
November 27, 2018
NY

Can a New York lawyer who is also a licensed engineer run both practices in one entity, name the firm after the engineering work, and avoid the Rules for the engineering clients?

A lawyer-engineer may run both practices in one entity from one office, but the firm name may not reference the engineering practice. Because engineering is distinct from legal work, the lawyer can…

1157 ·Formal
November 27, 2018
COBA

May a Colorado lawyer post or share briefs, deposition videos, court orders, or other materials from a client's matter?

Only with informed client consent or redaction sufficient to remove information relating to the representation, and only if other duties are also satisfied. Public availability does not remove…

130 ·Formal
November 17, 2018
JUDI

May a part-time probate judge mention judicial office on a law firm website and private practice on the court website?

The committee allowed the judge to identify the public judicial role on the law office website. It advised limiting the court biography to a brief statement of probate experience, without detailed…

18-09
November 16, 2018
JUDI

May a Wyoming circuit judge keep hearing domestic violence cases if the judge's spouse directs a victim advocacy organization?

Wyoming JEAC Opinion 2018-02 permits the judge to continue hearing domestic violence cases if the spouse becomes the organization's director. It says the promotion alone does not automatically…

2018-02
November 15, 2018
NY

Can a New York divorce lawyer take a mortgage on the client's house to secure unpaid legal fees without going back to the court?

Not on the lawyer's own. A fee mortgage in a divorce matter must satisfy both Rule 1.8(a) (a fair, fully disclosed business transaction with the client) and Rule 1.5(d)(5)(iii), which requires a…

1156 ·Formal
November 1, 2018
DCBA

Can a D.C. lawyer accept money raised through crowdfunding to pay for a client's legal fees, and what changes if the lawyer runs the campaign?

The opinion concludes that lawyers may generally represent clients whose fees are crowdfunded. When the client runs the crowdfunding and the lawyer is merely aware of it, the lawyer takes on no…

375 ·Formal
November 2018
JUDI

Must judges recuse from cases filed by applicants who challenged the court’s hiring decision?

The committee said the judges were not disqualified merely because unsuccessful applicants challenged their official hiring decision. Actual personal prejudice toward a petitioner could require recusal.

18-08
October 31, 2018
NC

Can a North Carolina lawyer use an online service that solicits client reviews and posts only 4- and 5-star ratings while keeping lower ratings private?

Yes, on conditions. A lawyer may use a review-solicitation service that routes only 4- and 5-star reviews to a public page if the client gives informed consent to releasing contact information and…

2018 Formal Ethics Opinion 7 ·Formal
October 26, 2018
FL

Can a Florida lawyer charge a client interest on advanced litigation costs in a contingency case?

Yes, at a lawful and reasonable rate, if it is in the client's best interest, disclosed in writing at the earliest opportunity, and the client gives informed written consent.

18-2 ·Formal
October 19, 2018
ABA

After a hacker or data breach exposes client information, what does a lawyer have to do, and must clients be told?

The opinion concludes that when a breach involves, or is substantially likely to involve, material client confidential information, the lawyer must notify affected current clients and take other…

483 ·Formal
October 17, 2018
RIEA

May I represent a new client filing an amicus brief that supports my former client's appeal, where the two are on the same side of the issue?

The panel concluded no conflict under Rule 1.9. Even though the amicus matter is substantially related to (if not the same as) the prior representation, the new client's interests are not materially…

2018-03 ·Formal
October 11, 2018
AK

Can a lawyer send a contractual notice (like a notice of default) directly to a represented opposing party?

Yes. The opinion concludes a lawyer may send a notice contemplated by the parties' contract directly to a represented party without violating Rule 4.2, so long as the notice is strictly limited to…

2018-2 ·Formal
October 9, 2018
TX

If I drafted a contract and may have to testify about it, can I or another lawyer in my firm still represent the client in the lawsuit over that contract?

Per the Committee, the lawyer-witness generally may not take an active role before the tribunal unless a Rule 3.08(a) exception applies, but may still help prepare the matter; with the client's…

682 ·Formal
October 1, 2018
WVSB

When a former prosecutor joins a public defender's office in West Virginia, can the office screen them so it can keep handling the cases, or is the whole office disqualified?

Screening under Rule 1.11(b) is available for matters the former prosecutor did not handle personally and substantially. If the prosecutor did participate personally and substantially in a matter,…

2018-02 ·Formal
September 28, 2018
NJAC

What are a lawyer's ethical duties when using a third-party vendor to electronically file court documents using the lawyer's credentials?

A lawyer may use third-party e-filing vendors but must exercise reasonable care in selecting one, ensure an enforceable obligation to keep documents confidential and secure (especially sealed…

734 ·Formal
September 20, 2018
ABA

What are a lawyer's ethical duties to prepare for and respond to a disaster that destroys files or shuts down the office?

The opinion concludes that the Rules apply with full force during a disaster and that advance planning reduces the risk of violating them. Lawyers must keep communicating with clients, develop…

482 ·Formal
September 19, 2018
COBA

When a Colorado lawyer is fired or withdraws, what parts of the client's file must the lawyer hand over, and can the lawyer charge the client for copies?

The opinion concludes that on termination a lawyer must, under Colo. RPC 1.16(d), surrender on demand the portions of the file the client needs to protect the client's interests (including editable…

104 ·Formal
September 15, 2018
RIEA

Two solo lawyers who share office space want to share a secretary and a computer. Does that make them one firm for conflict-of-interest purposes?

The panel concluded the arrangement is permissible, but because the shared secretary will have access to both lawyers' protected client information, the two practices are treated as one firm for…

2018-02 ·Formal
September 13, 2018
TX

When must a Texas lawyer holding a client's settlement funds withhold money for a third party's claim, and does the client firing the lawyer change that duty?

Per the Committee, a lawyer must safeguard or pay over client funds for a third party only when the third party has a matured legal or equitable interest in those particular funds (such as a…

681 ·Formal
September 1, 2018

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.