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 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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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.
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…
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.
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…
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…
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.
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…
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…
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…
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…
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…
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…
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),…
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…
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…
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…
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…
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…
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…
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.
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…
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.
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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.