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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May a judge join an advisory committee for a United States Senate candidate?
The Commission said Canon 7 strongly discouraged but did not prohibit the service; a participating judge had to act privately without using the judicial title or office prestige.
Is a judge disqualified from sentencing after discovering the family is distantly related to the defendant?
The Commission said the judge was not disqualified on the stated distant-relationship facts, whether or not a recusal motion had been filed.
Can a lawyer guarantee a physician's charges for litigation-related work if the client stays responsible for the bill?
The committee concluded a lawyer could guarantee a physician's charges for litigation-related activity so long as the lawyer's client remains ultimately liable for the expenses. The Virginia State…
May a Maryland judge attend a social function as an attorney’s guest if the host appears to display a close relationship with the judge?
The Committee said a judge may accept when there is no reason to suspect improper use of the judge’s presence, but should leave if the judge then finds the situation compromising or uncomfortable.
May a law firm represent a wife in a divorce when a lawyer who left the firm once handled an unrelated pre-marital corporate realty matter for the husband?
Yes. The opinion concluded the firm could represent the wife, because no remaining member of the firm had any knowledge of the husband's realty matter, the realty was acquired before the marriage…
Can a lawyer who is a plaintiff in a partition suit accept appointment as the special commissioner who sells the property, and sell it to a spouse?
LEI 83-12 concluded that a lawyer who is a party to an action should refuse appointment as special commissioner in that action, and that a court-appointed attorney-commissioner should not sell the…
Can a lawyer represent his own law partner as a party in litigation where the partner will testify as a witness?
The opinion concluded the lawyer-witness rule prohibits it. Rule 3.4(j) bars a lawyer from accepting employment when he or a firm lawyer is likely to be a witness, and it draws no exception for a…
May a part-time assistant district attorney (or his private firm) represent a town or taxpayer in a tax abatement appeal heard by the county commissioners?
The opinion concluded no. Because an assistant district attorney's sole function is to assist the district attorney, he always represents the county, so neither he nor his firm may represent a party…
Can a lawyer be disciplined under the bar rules for violating the Maine Medical-Legal Cooperation Code, and did adopting Rule 3 make that Code unenforceable?
The opinion concluded that a violation of the Medical-Legal Cooperation Code is not automatically a violation of Rule 3. But because a lawyer can be guilty of conduct unworthy of an attorney even…
When a lawyer jointly represents two feuding co-personal representatives of an estate and learns one is abusing her position, must the lawyer withdraw and can she act against the wrongdoer?
Assuming the lawyer represents the co-personal representatives jointly, the opinion concluded she should resign under Rule 3.5(a) if she cannot deal constructively with the accused…
Can a lawyer run a newspaper ad for personal injury work that asks 'INJURED?', promises to 'fight for you,' and offers a free consultation?
The opinion concluded the advertisement is permissible. It is not false, misleading, or deceptive under Rule 3.9(a) or (b): it makes no material misrepresentation, hedges with 'you may have a good…
Can a law school alumni association publish a directory of its lawyer graduates by location and practice area and answer phone inquiries about it?
The opinion concluded that an alumni association may publish and publicize such a directory if it conforms to the advertising rules, but listed New York lawyers may identify areas of law they…
May an attorney charge a contingent fee in a family law or divorce case, including a fee based on an equitable-distribution monetary award?
The committee concluded that, except in extremely rare situations, a contingent fee in family law and domestic relations cases is ethically improper, and that the possibility of a monetary award…
Can a former judge, now in private practice, represent a party in a case the judge ruled on, and can the judge's partners or associates take it?
No. The opinion concluded that a former judge may not represent a party in a matter on the merits of which the judge acted in a judicial capacity, and that disqualification extends to the former…
Can a lawyer take an ownership stake in a client entity plus a contingent fee as payment for forming it and representing it before a government body?
The committee concluded a lawyer who forms a client entity and represents it before a local body seeking a cable franchise may take a proprietary interest and a separate contingent fee, provided the…
Must a lawyer who thinks a client is mentally disabled seek a guardian, and must the lawyer tell the client about a confidential affidavit?
The committee concluded that a lawyer who believes her client is mentally disabled is not obligated to petition for a committee or personal representative, though she may if she deems it in the…
Can a Tennessee lawyer lease office space from a corporate client and share the client's reception room and receptionist?
Yes. The opinion found no impropriety in leasing office space from a corporate client and sharing a common reception room and receptionist/typist, provided the physical layout makes clear when…
Must a Tennessee lawyer report another lawyer's escrow-account misappropriation if doing so could hurt the lawyer's own client's chances of recovering the misappropriated funds?
Yes. The opinion held that the reporting lawyer is obligated to report the other attorney's ethics violation to maintain the integrity of the profession, even though the report might be detrimental…
Can a lawyer join a trade exchange or barter group that charges a percentage fee on every transaction, without a trade broker or approval process for the trades?
No. The opinion concluded that an attorney is ethically prohibited from participating in a trade exchange association or barter group that charges a fee or membership charge on each transaction,…
May a lawyer serve at the same time as assistant county counsel and as mayor of a municipality within that county?
No. The opinion concluded that because In re Opinion 415 bars a lawyer from being counsel to both a county and a municipality within it, an assistant county counsel cannot simultaneously serve as…
Can a lawyer assert res judicata based on a decree that, by the lawyer's own inadvertent error, released more of the claim than the court actually ruled on?
The committee concluded that, where no intentional misrepresentation was made to the court, a lawyer may assert the affirmative defense of res judicata arising from a decree the lawyer mistakenly…
Can a lawyer withdraw from a personal injury client's case after taking a job with the defendant corporation, and what notice is required?
The committee concluded a lawyer who accepts employment with the defendant corporation may withdraw from a personal injury client before suit is filed, provided the lawyer gives written…
Can a lawyer become an assistant county attorney when the lawyer's spouse litigates significant cases against the county?
The committee concluded that a lawyer may accept employment as an assistant county attorney even though the lawyer's spouse, individually or through the spouse's firm, conducts significant…
May a municipal attorney defend both the municipality and its officials when they are sued for fraud, and when must special counsel be brought in?
The opinion concluded a municipal attorney may not defend both the municipality and its officials where the charges are fraud or willful misrepresentation, and that even when defending only the…
What did the Commission say when a judge expressed serious reservations about impartiality in a pending case?
The Commission said a judge should disqualify from a case when the judge has serious reservations about impartiality and placed the particular determination with the judge.
Is a judge disqualified from routine civil motions because a party’s firm employs the judge’s son as a summer law clerk?
The Commission said the employment alone did not require disqualification, but a son’s affected interest or other facts reasonably questioning impartiality could.
Must a judge disqualify from a bank case when minor children in the judge’s household own bank shares?
The Commission required disqualification based on the children’s stock, however small, and expressly did not decide the effect of the judge’s debt to the bank.
Is a judge disqualified from a racetrack annexation suit that would bring the judge’s residence into the city’s police jurisdiction?
The Commission said the judge was disqualified because the suit could substantially affect the judge’s interest and, on all the facts, impartiality might reasonably be questioned.
Can a lawyer represent a company as a client while personally owning and running a competing company?
The opinion concluded only with the client's consent after full disclosure; a lawyer who is a principal shareholder and officer of one corporation may not represent a competing corporation absent…
Can a lawyer who worked on or contributed to a judge's election campaign appear before that judge?
The opinion concluded yes; a lawyer who contributed to or helped run a judge's election campaign is not precluded from later appearing before that judge, and need not disclose the campaign activity…
Can a law firm keep showing its former name on letterhead or in ads after a named partner is suspended from practice?
The opinion concluded no; a firm may not show on its letterhead or in a Yellow Pages ad that it was formerly known by a name including a suspended lawyer's name, because the public is likely to be…
Can a law firm build a network of independent-contractor attorneys it is contractually bound to feed work, and label them 'of counsel' or 'affiliates'?
The opinion concluded no; a plan contractually committing a firm to obtain and subcontract work to independent attorneys is not sanctioned by the fee-division rule, undermines the affiliates'…
May an incumbent New York judge be shown wearing judicial robes in campaign literature?
The opinion concluded that an incumbent judge may be depicted in judicial robes in campaign literature, modifying the earlier flat prohibition; following ABA Informal Opinion 1450, the controlling…
How is a contingent fee calculated when a personal injury case settles in a structured settlement, and can the lawyer require a lump-sum payment of the fee?
The opinion concludes the fee method should be set in the contingent fee contract; absent that, when the fee is paid in a lump sum the fee should be based on the present value or the cost to the…
Can a lawyer retain a non-lawyer medical consultant on a contingent fee to evaluate a case and find expert witnesses, if the consultant will not testify?
Yes. The opinion concludes a lawyer may use a non-testifying medical consultant paid on a contingent basis, because Rule 5.4(a) is not triggered where the consultant's fee is separate from and not a…
Can a salaried FDIC staff attorney request a court-awarded attorney's fee, under a promissory note's fee clause, that exceeds the FDIC's actual salary and legal expense costs of collection?
No. The opinion held the FDIC staff attorney is ethically prohibited from requesting or permitting the court to award a fee in excess of the amount necessary to reimburse the FDIC for the actual…
Are a national bank's board members 'management' for the no-contact rule, so adverse counsel cannot interview them without the bank's lawyer's consent?
Yes. The opinion concluded that the directors of a national bank, given their fiduciary duties, management responsibilities, and access to confidential business information, fall within the…
May a prosecutor tell witnesses to insist that someone from the district attorney's office be present before they talk to defense counsel?
The opinion concluded it is improper for a prosecutor to instruct a prospective witness to insist on the prosecutor's presence at a defense interview, or to otherwise interfere in any form with the…
May a municipal prosecutor also prosecute complaints in the same municipal court on behalf of a paying private client (the complaining witness)?
Yes. The opinion concluded there was no impropriety in a municipal prosecutor prosecuting a matter in his own municipal court on behalf of a private client, because in both roles he appears on…
Does issuing a search warrant itself disqualify a judge from later trying a case involving the seized evidence?
The Commission reaffirmed that issuing a search or arrest warrant alone did not reasonably call impartiality into question; personal bias or knowledge beyond the earlier proceeding could matter.
Can a lawyer form a firm with an accountant to provide tax legal and accounting services, share legal fees, and use a joint letterhead?
The opinion concluded that a lawyer may not form a firm with a nonlawyer accountant to provide legal services (it aids the unauthorized practice of law and is a barred partnership with a nonlawyer),…
If a district attorney says he will call the defense attorney as a witness about a client's statements, can the attorney keep representing the client?
It turns on a legal question outside the Board's ethics jurisdiction: whether a court rules the client's statements privileged. If the court finds them privileged, the attorney may continue…
May a district or circuit judge serve as a delegate to a national political convention?
The Commission reaffirmed that delegate service was discouraged but not prohibited under Canon 7, with caution against interference with judicial duties or harm to judicial integrity.
Is a judge disqualified because a party serves with the judge on a private school board?
The Commission found no automatic disqualification on the facts, but said the judge should disclose the shared service and consider any objections under the impartiality standard.
May a judge continue employing a secretary after marrying her when she was appointed years earlier?
The Commission said continued employment did not violate the Canons on the stated facts because the appointment preceded the engagement by three years.
Can a lawyer who is also a state legislator represent a private client in a claim before the West Virginia Court of Claims?
LEI 83-11 concluded that a lawyer who is a member of the Legislature may not represent a client before the Court of Claims, because that court is an arm of the Legislature and the lawyer would in…
After briefly representing a conservator, can a lawyer turn around and represent the ward against that conservator, and must the lawyer tell the court about the conservator's apparent wrongdoing?
The opinion concludes the lawyer is not disqualified under Rule 1.9 where the prior representation was not substantially related to the new matter and no privileged information was received; he…
Can a lawyer who is also a title insurance agent advertise that fact in the yellow pages under both the title-agent and lawyer headings?
The opinion concluded that a lawyer authorized to issue title insurance may list that fact under the 'title company and agent' heading in the yellow pages and may note the authority in his 'lawyers'…
Can a lawyer who once defended an insurance company in a coverage claim later represent insureds suing that same company for policy benefits in a class action?
No. The opinion held it improper to represent several insureds in a class action against an insurance company for policy benefits after having represented that company ten years earlier in defending…
Can three lawyers who share office overhead but are not partners call their practice 'Law Offices of A, B & C,' or 'A, B & C, An Association of Attorneys,' or designate each other 'Of Counsel'?
The opinion held 'Law Offices of A, B & C' improperly implies a partnership where none exists, that 'A, B & C, An Association of Attorneys' was improper because C was not a member or associate, and…
Does a Tennessee lawyer need the DR 2-101(C) certification disclaimer when advertising flat prices for routine services like divorce, bankruptcy, or adoption?
No. The opinion held that publishing or advertising the prices at which routine legal services will be performed does not require the disclaimer provided for in DR 2-101(C), consistent with Ethical…
Can a Tennessee lawyer who is a vowed member of a communal religious order turn his legal fees over to the order, as the order's rules require?
No. The opinion held it improper for an attorney to share his legal fees with the communal religious order to which he belongs, even though all members are required to turn over outside income,…
Can a county attorney defend criminal defendants when the sheriff or deputy sheriffs are prosecution witnesses, if the county walls the attorney off from any law-enforcement counseling role?
Yes, but only with strict walls in place. The opinion held the county's attorney may represent criminal defendants charged by law enforcement officers or employees of the county only if the attorney…
Can a county attorney simultaneously represent the county and a county-created industrial development board on bond financing matters?
Yes, absent antagonistic interests. The opinion concluded that where no antagonistic interests exist between the county and the industrial development board, and nothing else impairs the attorney's…
Could a Tennessee law firm mail brochures to clients and prospective clients without a request, and could lawyers or staff personally hand-deliver them?
Mail yes, hand-delivery no. The opinion, clarifying 83-F-49, concluded a firm could distribute or mail brochures to regular and prospective clients even without a request, provided DR 2-101(C) and…
When does a franchise-marketing company's in-house counsel cross into the unauthorized practice of law by preparing trademark, copyright, and franchise-disclosure documents for franchisor clients?
Only when it looks like legal work. The opinion concluded the described services (trademark and copyright applications, franchise disclosures, and state registrations) are not the practice of law if…
When a lawyer jointly represents two partners and one tells the lawyer something in confidence, can the lawyer reveal it to the other partner?
The opinion concluded that, absent express or implied consent, a lawyer jointly representing two clients may not disclose to one a confidential communication from the other relating to the…
When an insurer disputes coverage for part of a claim, can the single attorney representing both the insurer and the insured allocate fees and costs between the covered and disputed issues?
The committee concluded that where an insurance company asserts that a portion of a claim against the insured is not covered, it is improper for a single attorney representing both the insurer and…
Can a lawyer who represented a partnership later represent one partner against another partner in a partnership dispute?
The opinion concluded this ordinarily cannot be done: a lawyer who represents a partnership represents each partner's partnership interest, and may not later represent one partner against another…
May a defense lawyer advise a client under DWI arrest to refuse to take a breathalyzer test?
The opinion concluded that simply directing a client to refuse a breathalyzer is improper, because refusal is itself a class A misdemeanor under AS 28.35.032(f); the lawyer may, however, present…
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.