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.
Must a law firm be disqualified because it hired an associate who had worked substantially on the same case at the opposing party's firm?
On the facts, the opinion concluded the defendant's three-lawyer firm should be disqualified, because the lateral associate had participated substantially in pretrial motion and discovery for the…
Does a district attorney who provides Title IV-D child support enforcement services form an attorney-client relationship with the public-assistance recipient, and can the DA later prosecute that recipient for welfare fraud?
No relationship, no bar. The opinion concluded that no attorney-client relationship exists between district attorneys providing child support enforcement services and the public-assistance…
Can an assistant district attorney prosecute cases defended by her husband's law firm, and can the government consent to that conflict?
Revising Opinion #36, the opinion concluded that responsible government officials can consent to such a representation. An assistant district attorney may prosecute cases defended by her husband's…
When two lawyers share office space and a secretary, can they take opposite sides of a case, and can one refer a client to the other in a matter where the referring lawyer will testify?
The opinion concluded that office-sharing lawyers who share a secretary may not take opposite sides of a matter, because their mutual financial dependence and the shared employee's exposure to both…
Can a county's civil lawyer (delinquent-tax, budget, beer-permit work) also defend criminal cases prosecuted by county law enforcement?
It depends on the civil work. The opinion concluded there is no inherent impairment in representing the county on delinquent taxes, budget and fiscal matters unrelated to law enforcement, and…
Can in-house counsel for a group of affiliated companies do legal work for all the affiliates and let his employer bill each affiliate for his time?
Yes, with safeguards. The opinion concluded there is no per se violation in in-house counsel serving affiliated companies and having his employer allocate his salaried time to each affiliate, so…
When a lawyer takes over another lawyer's client files, is there a confidential relationship between them, and must the new lawyer report ethical violations found in the files?
No special privilege; the reporting duty applies. The opinion concluded that no confidential relationship exists between attorneys merely because one takes over the files of another, and that DR…
Can a lawyer divide a contingency fee with co-counsel who was suspended from practice before the fee was paid, and can he employ a suspended attorney in a non-legal role?
Fee yes, employment no. The opinion concluded a lawyer may divide a fee with a suspended attorney based solely on the work performed and responsibility assumed before the suspension, with the…
May a judge belong to the League of Women Voters when it takes positions on public issues?
The Commission said Canon 7 discouraged but did not prohibit political-organization membership and cautioned that Canon 5 concerns could arise if the League frequently took positions on issues…
May a judge serve on a hospital advisory board?
The Commission permitted service on the purely advisory board only while it complied with Canon 5B’s limits on civic and charitable activity and did not interfere with judicial duties.
Is a judge disqualified when the judge’s bailiff-law clerk’s spouse works for a firm appearing in the case?
The Commission said the judge was disqualified if the clerk participated, but not if the clerk took no part in the case and did not discuss it with the judge.
May a juvenile judge serve on a child abuse awareness and prevention group’s board?
The Commission permitted board service only while it complied with Canon 5B’s restrictions and did not interfere with judicial duties.
Does issuing an arrest or search warrant disqualify a judge from the later trial?
The Commission concluded that issuing a warrant alone did not reasonably call the judge’s impartiality into question and distinguished personal bias or knowledge from knowledge gained in a prior…
Could a Tennessee law firm produce and distribute a brochure listing its practice areas and lawyer bios to clients and prospective clients on request?
Yes, with the disclaimer. The opinion concluded, under the rules as they stood in 1983, that a firm could produce and distribute a practice-areas brochure to regular or prospective clients on…
Can a part-time Commonwealth or county attorney maintain a private civil practice, and when is the prosecutor (and the firm) disqualified?
Qualified yes. The opinion concluded that a part-time prosecutor may keep a private civil practice in matters unconnected to possible criminal litigation, but is disqualified (along with partners…
Can one member of a law partnership be a professional service corporation while the firm is not?
Yes. The opinion concluded that a single member of a law partnership may be a professional service corporation, provided the firm's letterhead, cards, and other public representations disclose the…
Can a Kentucky law school faculty member represent a client in a suit against the state or a state agency, even though the professor is paid by the Commonwealth?
Qualified yes. The opinion concluded that a full-time law faculty member is not a state attorney in the conflict sense and may sue the state, but should not sue the professor's own university and…
Which alcohol education and speaking activities could the Maryland judge undertake in this opinion?
The Committee rejected lectures at nearby treatment facilities and keynote fundraising speeches, but permitted compensated educational seminars, community-college teaching, and recorded lectures…
Could a circuit or district judge accept a fee for performing a marriage under the law discussed in this 1983 opinion?
The Commission said the judges could receive the $2 statutory fee without violating the Canons and cited its earlier opinion permitting a larger amount if offered.
Is a judge disqualified when a relative within the fourth degree sits on a county commission involved in the case?
The Commission required disqualification whether individual commissioners, the commission, or the county was a party, and said Canon 3D could permit remittal.
May a lawyer donate old client files to a historical or educational institution because they have historical significance?
Generally no. The committee concluded that client files probably contain confidences and secrets protected by DR 4-101, so a lawyer may not turn them over to a historical or educational institution…
If a lawyer learns that a client is receiving oil royalties the client may not be entitled to, can the lawyer disclose that to the buyers or the oil company, and what should the lawyer do?
The committee concluded that the attorney may not disclose confidential information learned through the attorney-client relationship, absent client consent, even where the client intends to keep…
Can a former government attorney join a firm that is litigating against the attorney's former agency?
The opinion concluded that a former public employee may not accept private employment in a matter in which he had substantial responsibility as a public employee (DR 9-101(B)), whether or not the…
Can an attorney hold a client's papers under the attorney's lien statute when the client needs them in pending litigation, and is the rule against secret recording still valid?
The opinion concluded that Ethics Opinion 78-1's rule against recording any conversation without the consent of all parties remains in full force, but that Ethics Opinion 77-2 (allowing an attorney…
Can a prosecuting attorney or assistant prosecuting attorney represent a private client with a claim against a state agency before the West Virginia Court of Claims?
LEI 83-4 concluded that it is not ethically proper for a prosecuting or assistant prosecuting attorney to represent a claimant in a matter before the West Virginia Court of Claims, because the state…
If a lawyer also acts as the agent who issues the title insurance policy in a real estate deal, can the lawyer keep the part of the premium that pays for title work the client has already been billed for separately?
The opinion concluded that a lawyer who acts as agent for a title insurance company may receive compensation out of the premium the client pays, but must credit the client for the portion of the…
If one lawyer in a firm becomes a part-time assistant district attorney, can the firm's other lawyers keep representing criminal defendants in the state's courts?
The opinion concluded no, at least as to pending criminal cases. Maine Rule of Criminal Procedure 53A bars any attorney for the State, and anyone holding himself out as that attorney's partner or…
Does a lawyer who also serves as a county commissioner have a conflict of interest when he sues towns located within his county on behalf of private clients?
The opinion concluded that no conflict of interest existed. Under Maine Bar Rule 3.4(b) a conflict arises when a lawyer's independent judgment for a client is likely to be adversely affected or when…
May a circuit judge serve as trustee of a hospital in the judge’s circuit?
The Commission said hospital trusteeship was not prohibited by itself, but Canon 5 restrictions on outside activities could prohibit service depending on the circumstances.
Are members of a bar association's lawyer-assistance committee excused from the duty to report ethical violations they learn about while helping an impaired attorney?
Vacated. As originally issued, the opinion concluded that officially elected members of the Nashville Bar Association's Alcohol and Drug Abuse Committee (Lawyers Concerned for Lawyers) were relieved…
Can a lawyer appointed by the court to represent indigent criminal defendants hire or assign another lawyer to handle the appointed cases?
Yes, with the court's consent. The opinion concluded that a competent court-appointed lawyer should not seek to be excused from an indigent-defense appointment except for compelling reasons, but may…
Can a New Jersey lawyer represent a buyer or seller in a real estate deal when the lawyer's spouse is the listing or selling broker, if the client consents after full disclosure?
No. The opinion concluded that when the lawyer's spouse is the listing or selling broker, the lawyer may not represent either party even with full disclosure and consent, because the spouse's…
If a New Jersey lawyer is barred from a county legal post because of an actual conflict, can the lawyer's partner take that post instead, and what if the conflict arises from the lawyer's seat on a county board?
No. The opinion concluded that where an actual conflict bars a lawyer (a municipal court judge, or a member of a county community college commission) from serving as assistant county counsel, the…
Who could sign checks and authorize withdrawals from a Minnesota law firm trust account?
Under this now-repealed opinion, every withdrawal instrument drawn against a law firm trust account had to be signed by at least one lawyer in the firm, and no withdrawal could be made except at a…
May a district judge serve on a local community action agency’s board?
The Commission permitted public-sector board service if it did not interfere with judicial duties or office dignity, involve fundraising, or place the agency in cases ordinarily before the judge.
Must circuit judges recuse because a retired circuit judge’s daughter is a prosecuting witness or civil plaintiff?
The Commission said that relationship alone did not require any circuit judge’s disqualification, but individual relationships, friendship, case facts, or bias could require a case-specific decision.
Can a Kentucky lawyer who defended a criminal defendant later represent the victim of that crime before the Crime Victims Compensation Board?
No. The opinion concluded that the later representation of the victim is substantially related to the earlier defense of the accused, creating a conflict of interest that client consent cannot cure.
If a Kentucky client fires a contingent-fee lawyer without cause before the case ends, can the lawyer claim a share of the eventual recovery?
Qualified yes. The opinion concluded that a discharged contingent-fee lawyer's right to a fee is a matter of law, not ethics, and deferred to Kentucky case law allowing recovery in quantum meruit,…
If a lawyer learns from non-clients that another lawyer misappropriated funds, must the lawyer report it even when the client wants silence because disclosure could hurt the client financially?
Yes; the opinion concluded that unprivileged knowledge of another lawyer's violation, gained from someone other than the client, triggered a mandatory duty to report, and the client could not direct…
Can a lawyer working with a divorce mediation service give legal help to both spouses, and can the service pay the lawyer?
The committee concluded that giving legal advice to both parties is usually improper because it cannot be done non-partisanly, but that providing only 'legal information,' with both parties…
Can a lawyer who serves as a divorce mediator later represent one of the parties in the uncontested divorce, and join a mediation center's approved list?
The committee concluded a lawyer-mediator could give 'legal information' (not advice) to both parties in simple uncontested divorces with consent, could represent one party in a later uncontested…
Can a lawyer take a mortgage, or a deed, on the client's property to secure payment of the lawyer's fee?
The opinion concluded that a lawyer may take a mortgage to secure a fee, subject to conditions (a proper fee, no quantum meruit basis for future fees, no undue pressure, restraint on foreclosure,…
Can a plaintiff's lawyer interview a corporate defendant's non-management employees about the facts without the consent of the company's lawyer?
Yes, for rank-and-file employees. The opinion concluded that non-management, non-administrative employees of a corporate defendant are treated as witnesses, not parties, so DR 7-104(A)(1) does not…
Is it improper for a lawyer to tell the trial judge the amount of a rejected settlement offer before trial?
Yes. The opinion concluded that telling the judge the amount of a settlement offer, which is privileged, inadmissible compromise material, is conduct prejudicial to the administration of justice in…
Can a company's in-house lawyer perform legal services for the company's customers and let the company bill the customers for that work?
No. The opinion concluded that a corporation may use lawyer-employees for its own legal affairs but not to perform legal services for others, which would be the unauthorized practice of law;…
Can a lawyer represent an associate in the associate's own lawsuit when the associate will testify about disputed facts?
Yes, where the matter is the associate's private business. The opinion concluded that DR 5-101(B), the lawyer-as-witness rule, was not intended to bar an attorney from representing an associate who…
Does a court-appointed criminal defense lawyer have to give an indigent client a copy of the trial transcript and the appellate brief?
It depends on who has the copy. If the court reporter furnished the attorney a copy of the transcript, T.C.A. 40-14-312 makes it the indigent client's property and DR 9-102(B) requires the attorney…
Can a County Attorney, or the County Attorney's law partner or associate, represent criminal defendants prosecuted by the County Sheriff and deputies?
No. The opinion concluded the appearance of impropriety in a County Attorney representing criminal defendants prosecuted by the same county's law enforcement officers cannot be waived by the public,…
Could a Tennessee law firm operate under a trade name like 'The Right Lawyer, P.C.'?
No. The opinion concluded that the firm name 'The Right Lawyer, P.C.' was false and misleading and constituted a prohibited trade or assumed name under DR 2-102(B). The Board vacated this opinion on…
Can two New Jersey lawyers who share office space also share a computer and word-processing system, and still represent opposing clients?
Yes. The opinion concluded that two lawyers in adjacent offices who jointly use word-processing and computer facilities are not thereby 'office associates,' so they are not disqualified from…
Can a New Jersey law firm list an affiliated out-of-state law firm by name on its letterhead?
Yes. The opinion concluded a New Jersey firm may show the name of an affiliated Pennsylvania firm on its letterhead under its Philadelphia office listing, noting the affiliation, so long as it is…
Can a lawyer include a religious statement like 'Jesus Is Lord' and a dove in a law firm advertisement?
The opinion concluded that including the statement 'Jesus Is Lord' and a drawing of a dove in a lawyer's advertisement does not violate the Code of Professional Responsibility, because it is…
Can a lawyer send a letter to an accident victim soliciting personal injury work, and what must the mailing say?
The committee concluded that a lawyer may write directly to an automobile accident victim to solicit personal injury employment, so long as the letter contains no false, fraudulent, misleading, or…
May a circuit judge continue serving as trustee of bankruptcy estates begun before taking the bench?
The Commission said the judge should not continue even with separate counsel, citing likely conflicts with creditors and the ban on practicing law.
Can a court-appointed criminal defense lawyer accept additional payment from the client's family on top of the statutory fee for appointed counsel?
LEI 83-5, a disciplinary ruling, concluded that the statutory fee for court-appointed counsel is the lawyer's exclusive compensation; a lawyer may not accept additional payment from the defendant or…
How can a surviving law partner divide fees on pending files with the estate of a deceased partner when their agreement is silent on work in progress?
Without an agreement covering work in progress, Rule 5.4(a) bars sharing fees with the deceased partner's estate; the estate may be compensated only on a quantum meruit basis for work the…
Can one lawyer represent both spouses in a no-fault divorce, and later represent one of them against the other to enforce the settlement?
No. Representing both spouses in a no-fault divorce is a conflict under Rule 1.7, and the lawyer cannot later represent one spouse against the other under Rule 1.9. One spouse may proceed…
May a district judge serve on a city board?
The Commission said service would violate Canon 2A if the city-board seat was an office of public trust; it did not decide whether the particular seat had that status.
May a circuit judge give confidential evaluations of practicing attorneys to a professional directory?
The Commission permitted the evaluations but required the judge to avoid conveying, or allowing others to convey, that the lawyers had special influence with the judge.
May a judge serving as alumni chapter president solicit membership in the association?
The Commission permitted membership solicitation subject to Canons 1, 2, and 5B, including limits on use of judicial prestige and impressions of special influence.
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.