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.
Under the 1983 opinion, when could judges send court-funded thank-you letters to jury venire members?
In 1983 the Commission allowed court-funded thank-you letters to venire members if approved by court rule and accurate about the judges’ participation. Later official opinions overruled and modified…
Does kinship-based disqualification prevent a presiding circuit judge from assigning a district judge to a case?
The Commission said the kinship disqualification did not extend to assigning or appointing another judge under Rule 13 of the Rules of Judicial Administration.
Under this 1983 opinion, could a trial judge comment for or against a former defendant’s parole?
The Commission said the Canons did not bar either a positive or negative response to the Board of Pardons and Parole, before or after the trial judge received notice.
Does a party’s previously dismissed lawsuit against a judge itself require the judge’s recusal?
The Commission found no required disqualification on the stated facts, unless the judge had developed personal bias or prejudice toward the party.
Did the Commission categorically bar a municipal judge from chairing a Shrine charity endowments committee?
The Commission identified no absolute Canon 5B ban on charitable fundraising but cautioned about judicial prestige and legal-adviser service. Opinion 03-828 later withdrew this opinion to the extent…
Do the Alabama Judicial Canons restrict employment of an inactive retired circuit judge?
The Commission said the Canons did not restrict employment or appointment of a retired judge who was not serving in active judicial duty, while reserving other legal limits outside its authority.
Does joint ownership of a law-office building with an attorney disqualify the judge from that attorney’s cases?
The Commission found no Canon violation or required disqualification where the judge and lawyer shared ownership and expenses, and the lawyer paid no rent to the judge.
Can a Colorado lawyer take a job with a traffic-ticket clinic that is owned and operated by nonlawyers?
The opinion concluded that a lawyer may not enter an employment relationship with a traffic clinic owned and controlled by nonlawyers where the clinic sets the fee schedule, collects fees from…
Can a lawyer who is a principal of a collection agency accept client referrals from it and refer clients to it?
The opinion concluded that, assuming no violation of the law against solicitation and full disclosure to the clients of the lawyer's relationship to the collection agency, a lawyer who is a…
Is a judge disqualified when a lawyer appearing before the judge is married to the judge's confidential law clerk?
The opinion concluded that neither the judge nor the practitioner-spouse is disqualified per se, so long as the law-clerk spouse is screened from the case; the law-clerk spouse, however, must…
Is a judge disqualified from every criminal case handled by an office employing the judge’s son-in-law?
The Commission said disqualification applied only to cases in which the son-in-law directly participated as an assistant district attorney, not every case handled by the office.
When must a judge recuse because a former law partner represents a party?
The Commission required recusal if the former partner represented that party in the same matter during the partnership, including uncontested and early criminal proceedings, and said the…
Can a Kentucky lawyer or law firm hold an open house to mark new offices or an occasion, and how must invitations be sent?
Qualified yes. The opinion concluded a lawyer or firm may hold an open house so long as any invitation (card, letter, or newspaper ad) complies with the advertising rule SCR 3.135(3), which bars…
Can a lawyer draft a client's will naming the lawyer as a beneficiary when the client wants the lawyer to inherit?
LEI 83-3 concluded that a lawyer should not prepare a will naming himself as beneficiary or grantee; the respondent who drafted a will leaving himself substantial real estate, without advising the…
Can a non-practicing lawyer go into business with a non-lawyer offering divorce mediation services to the public?
No. The opinion concluded that divorce mediation as described (helping spouses reach a non-adversarial agreement on property division, support, and custody) constitutes the practice of law, so a…
Can a law firm that represents a retailer suing a manufacturer over defective goods also represent the retailer's unhappy customers and join them as plaintiffs in the same suit?
The opinion concluded no. There is an inherent conflict of interest in representing both the retailer (suing the manufacturer over defects) and the purchasers, because each purchaser has a potential…
Can an assistant district attorney prosecute a criminal case when the defendant is represented by a lawyer whose law partner is the prosecutor's spouse?
The opinion concluded no. The Maine Bar Rules forbid an assistant district attorney from prosecuting a criminal case against a person represented by a lawyer whose partner is the prosecutor's…
When a judge asks the winning lawyer to draft the final decree or judgment, must that lawyer send opposing counsel a copy of the proposed draft?
The opinion concluded yes. Maine Bar Rule 3.7(h)(2) bars a written communication to a judge about the merits of a contested matter pending before that judge without furnishing opposing counsel a…
Can a law firm list its non-lawyer office manager, by name and titled 'office manager,' on the firm's letterhead?
The opinion concluded yes. Nothing in the Maine advertising rule or the other ethics rules specifically prohibits listing a non-lawyer on a lawyer's letterhead, so it is barred only if false,…
Can a lawyer who once clerked at a firm now represent that firm's former client against the firm in a fee-collection suit?
The opinion concluded yes, because the client the lawyer now represents and the client the firm previously represented are the same person, so there is no confidentiality breach or conflict of…
Can a lawyer who works for a law school form a partnership with a lawyer who regularly sues that law school on behalf of a union?
The opinion concluded the arrangement carries a definite appearance of a conflict of interest, so an adversarial relationship between the proposed partnership and the law school that employs one…
Can a lawyer both defend a client on a municipal-court charge and prosecute the cross-complaint that client filed against the same complaining witness?
Yes. The opinion concluded there is no conflict because the lawyer represents only his own client, both as defendant on the charge against him and as prosecutor of the client's own complaint, and a…
Can a lawyer join a firm that represents casino clients before the Casino Control Commission when the lawyer's spouse is an assistant counsel at that Commission?
Yes. The opinion concluded the employment is ethical and the firm may keep representing casino clients, as long as the spouse who is assistant counsel to the Commission stays out of any matter…
If a new judge referred a former client's case to a law firm and stands to collect a referral fee if the case wins, must the judge recuse whenever that firm appears on unrelated matters?
Yes; while the judge keeps a financial interest in the outcome of the referred case, the judge should not hear any matter handled by a lawyer connected with that firm, to protect the appearance of…
When two of a firm's current clients sue each other, can the firm drop one and represent the other in the dispute?
The opinion concluded that a firm may not represent one current client in litigation against another current client, even on an unrelated matter, without both clients' consent after full disclosure,…
Can a firm hold back a client's share of a settlement to apply it against the client's other unpaid bills to the firm?
The opinion concluded that no, a firm may withdraw its undisputed fee from settlement funds, but may not retain the client's share to offset the client's general indebtedness from other matters,…
Can a corporation's in-house lawyer provide legal services to the general public when the corporation markets those services and keeps the fees?
The opinion concluded that no, an in-house counsel for a community economic development corporation may not provide legal services to the general business public where the corporation markets the…
When the other side seeks frivolous-action costs against both a lawyer and the client, must the lawyer withdraw from the case?
The opinion concluded that a frivolous-action cost claim under Wis. Stat. sec. 814.025 creates a potential conflict between attorney and client but does not require withdrawal; continued…
Can a law firm mail announcements that it has hired a nonlawyer, such as a former agency official, as a technical assistant?
The opinion concluded that yes, a firm may mail formal announcements of hiring a nonlawyer assistant, with a disclaimer that the person is not licensed to practice law, and it withdrew the contrary…
Can a lawyer call a member of the same firm, such as an accountant partner, as an expert witness for the client in a divorce trial?
The opinion concluded that it is improper for a member of the lawyer's firm to testify for the client on contested issues in a divorce trial, because the testimony comes from an interested witness…
Can an attorney list a public office he or she currently holds on the law firm letterhead?
The opinion concluded that an attorney may not designate a presently held public office on his or her letterhead, because such a title is not relevant information for selecting counsel, is a form of…
Can a lawyer who represented a mother and stepfather at a child-placement hearing later defend the stepfather against criminal charges arising from the same facts?
The opinion concluded the lawyer may defend the stepfather against the criminal charges where the placement-hearing information would be discoverable in the criminal action, but the lawyer may not…
Can a Family Court Commissioner act as advocate prosecuting a child-support contempt action while also serving as advisor to the trier of fact?
The opinion concluded that a Family Court Commissioner may not act as advocate and advisor simultaneously, because the appearance of impropriety in serving both competing roles is too significant;…
Can an assistant corporation counsel who represents the state in a paternity action also represent the mother in the same proceeding?
The opinion concluded that the corporation counsel may represent both the state and the mother in a paternity action, provided the mother is advised at the outset of counsel's primary duty to the…
After mailing a prospective client an advertising letter or brochure, can a lawyer follow up with a phone call to that person?
The opinion concluded that such follow-up calls are improper, because Wis. Stat. sec. 757.295 prohibits solicitation of legal business and the Wisconsin Supreme Court required attorneys to avoid…
Can a lawyer agree to a flat fee set in advance for each insurance defense case, regardless of how much work each case requires?
The opinion found nothing improper in a blanket fee set in advance for insurance defense cases, so long as the fee is not clearly excessive, while reminding counsel of the duty of competent and…
Can two lawyers and a nonlawyer run a company out of the lawyers' office offering trucking-industry regulatory services without holding it to the rules of professional conduct?
The opinion concluded that the proposed trucking-service company was a law-related second occupation and, because it operated from the lawyers' office, was inseparable from the law practice and so…
Can a lawyer contact the opposing party's expert witnesses, including treating physicians, without opposing counsel's permission?
The opinion concluded that yes, an attorney may interview an opposing party's expert witnesses without opposing counsel's consent; a later opinion, E-91-4, modified this to bar private interviews of…
Can a lawyer garnish payments owed to a client who skipped town without paying, in order to collect an unpaid fee reduced to judgment?
The opinion concluded that commencing the garnishment action is not a per se violation of the Code, assuming the client's nonpayment is a gross imposition or fraud, but only if the action will not…
Can an organization that is not a party to a class action pay the litigation expenses if it shares in no recovery?
The opinion concluded that a nonparty organization may fund the litigation expenses of a class action, provided none of the contributed funds compensate the attorneys representing the class and the…
Can lawyers advertise to find plaintiffs for a class action or other lawsuit?
The opinion concluded that yes, attorneys may advertise for clients in a class action or other lawsuit, so long as the advertising is not false, misleading, deceptive, or unfair under SCR 20.08(7).
Can a part-time municipal prosecutor who handles traffic cases in the city also defend traffic and criminal cases arising outside city limits?
The opinion concluded yes; because the municipal attorney's prosecutorial authority is limited to violations occurring within the municipality, he may privately defend traffic and criminal cases for…
Can a lawyer who represents a corporation in bankruptcy also file a workers' compensation claim for a former employee injured working for that corporation?
The opinion concluded no; a lawyer representing a corporation in bankruptcy may not simultaneously pursue a workers' compensation claim for a former employee arising from the corporation's…
Can a lawyer agree in advance to only draft the pleadings in a divorce case and let the client proceed pro se from there?
The opinion concluded yes; a lawyer may, by prior agreement, limit representation to preparing pleadings in a pro se dissolution, provided the client gives fully informed consent and the lawyer…
What must a law firm do with client funds in trust when the client, a now-dissolved corporation, cannot be located?
The opinion concluded the firm must keep the funds in its trust account, make reasonable efforts (scaled to the amount) to locate the client, and then proceed under the state's Uniform Disposition…
Must a seller's lawyer who is a member of a bar-related title insurer get the buyer's consent before placing the title insurance with that insurer?
The opinion concluded no; the seller's attorney owes the disclosure-and-consent duty only to his own client, the seller, not to the non-client purchaser, so the buyer's consent is not required to…
Under this superseded 1983 Nebraska opinion, could a lawyer pay to participate in a private lawyer-referral service?
Only if the service was nonprofit, the opinion said. Nebraska Opinion 87-2 later superseded that limitation and allowed compliant for-profit programs without payment for recommendations.
Could a Nebraska lawyer also practice clinical psychology from the same office and advertise both professions?
Yes if the roles were clearly distinguished, legal and psychological records were separated, legal ethics rules were followed, and the dual practice was described accurately.
Could a Nebraska law firm mail advertising letters directly to prospective institutional debt-collection clients?
Yes under the 1983 opinion if no personal contact was involved, the letter was accurate and nonmisleading, and the envelope carried the then-required advertisement label.
Could a Nebraska lawyer pay a welcome service to hand-deliver the lawyer's business card to newcomers?
No under the 1983 opinion. The host's personal visit made the distribution personal-contact solicitation even though the lawyer was not present.
Could a Vermont firm keep a departing partner's name when that partner moved to another state but stayed of counsel?
Opinion 83-07 permits keeping the name while the departing partner remains of counsel, assuming Vermont law allows it and the letterhead identifies that role; the name must change when that…
May a defense lawyer question a prosecution witness whom the lawyer represented in an unrelated juvenile case?
Opinion 83-06 concluded that the unrelated prior case did not disqualify the defense lawyer, but the lawyer could not use or disclose the witness's former-client confidences or secrets. The…
May a former selectman challenge or interpret an ordinance adopted while the lawyer held office?
Opinion 83-05 barred the former selectman from accepting a private case attacking the validity of an ordinance adopted during the lawyer's tenure. It did not bar a case turning on the correct…
Could one lawyer represent two clients in separate divorces involving the clients' spouses, who were living together?
Opinion 83-04 allowed the dual representation on the presented facts because possible competing interests had not become likely or actual conflicts. Both clients had consented; the committee said…
May a Vermont lawyer form a firm with a Massachusetts partnership whose lawyers are not admitted in Vermont?
Opinion 83-03 found no ethical barrier to the proposed interstate partnership if the firm clearly disclosed each lawyer's jurisdictional practice limits.
Under Vermont's 1983 Code, could a lawyer who was also a CPA put CPA on legal business cards, stationery, and an office sign?
Opinion 83-02 held that former DR 2-102(E) prohibited the proposed CPA designation, while reserving constitutional advertising questions outside the committee's Code interpretation.
May a Vermont lawyer disclose the identity of a client who retained the lawyer to return allegedly stolen money anonymously?
Opinion 83-01 bars disclosure of the client's identity and related information under former DR 4-101 because revealing the name would harm the client; it distinguishes past conduct from intended…
Can one partner represent a corporation's sole shareholder while another partner in the same firm represents someone the corporation is suing?
The opinion concluded no; a firm representing a corporation's sole shareholder may not also represent a defendant the corporation is suing, because the shareholder-client's financial interest in the…
Can a lawyer who takes referrals from an organization pay that organization for clerical or paralegal help, or make regular contributions to it?
The opinion concluded no; a lawyer may not, as part of a referral arrangement, pay a referring organization for its clerical or paralegal services, and may not make periodic contributions to it,…
Can a lawyer represent another lawyer in the other lawyer's own case while the two regularly oppose each other on behalf of their clients?
The opinion concluded yes; one lawyer may represent another, even though they are frequently adverse on behalf of clients, provided both make full disclosure to the affected clients and obtain their…
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.