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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How did the Commission treat a judge’s proposed public statement during a nonjudicial court-clerk campaign?
The Commission referred to Opinion 78-39: campaign activity for a nonjudicial candidate was discouraged but not categorically prohibited, and Canons 1 and 2 still applied.
Under Opinion 82-160, which jurors could receive a judge’s personally funded commendation letter?
The Commission permitted a judge to pay for commendatory letters but limited them to jurors who participated in a proceeding before that judge; the official PDF marks the opinion overruled in part…
If a real estate client insists on signing a transfer report that understates the purchase price, must the lawyer withdraw?
The opinion concluded that a lawyer may not assist a client in conduct the lawyer believes to be illegal, must try to dissuade the client, and must withdraw from the representation if the client persists.
Did the Canons bar a judicial candidate from accepting a contribution from a bonding company doing business in the courts?
The Commission said the Canons did not prohibit contributions from the company or a major stockholder, while directing the candidate’s attention to Canons 7B(l)(c), 1, 2A, and 2C.
What can a lawyer do when a client is mentally impaired and cannot make decisions, and should the lawyer seek a guardian?
The committee recognized that representing a mentally impaired client places an additional burden on the lawyer, who may be compelled to make decisions for the client, and the opinion states it…
Can a lawyer interview employees of a represented adverse corporation who are senior enough to bind the company?
The committee concluded it is improper for an attorney to communicate with witnesses for an adverse, represented corporation who are employees senior enough to commit the corporation as its alter…
When a custody case ends, may the lawyer give the client copies of Department of Social Services home studies in the file, including one stamped confidential for court use only?
The opinion concluded that yes, unless a judge orders otherwise, the lawyer should release the home studies, because a discharged lawyer must turn over the papers the client is entitled to and no…
May a Maryland judge seek zoning relief for the judge’s property or oppose nearby land uses?
The Committee permitted private-citizen participation within stated limits, but barred private influence on officials and required recusal if the related property issues later came before the judge.
May a Maryland judge recommend former constituents for a raise or public appointment?
The Committee rejected the requested intervention for an employee’s raise; a recommendation for an appointment depended on the judge’s special knowledge of the candidate rather than the prestige of…
Can a Kentucky lawyer put a photograph of the lawyer's own face in an advertisement for legal services?
Qualified yes. The opinion concluded a photo of the lawyer's face is permissible because it is not inherently false or misleading, but it must be recent; the committee said a photo more than a year…
May a judge serve on a church committee that receives and deposits bond-sale proceeds?
The Commission permitted the service under Canon 5B only if the committee did not take part in soliciting the funds.
Can a lawyer who sat as a Special Juvenile Judge and personally assessed court costs later bring a class action to recover those same costs as wrongfully assessed?
No. The opinion concluded that DR 9-101(A), which bars a lawyer from accepting employment in a matter on whose merits the lawyer acted in a judicial capacity, prohibits the attorney from bringing…
If a husband and wife are both lawyers but practice at different, unaffiliated firms, can their firms represent opposing parties against each other?
Generally yes, adopting ABA Formal Opinion 340. The opinion concluded that no disciplinary rule categorically bars husband-and-wife lawyers who practice at different firms from representing opposing…
Can a collections attorney deposit earned legal fees into an interest-bearing trust account and remit the accumulated excess interest to the clients?
No. The opinion concluded that remitting excess interest earned on an attorney's own fees to the client is an improper division of the attorney's fee with the client, and that the Code's…
After charges are filed, may Disciplinary Counsel interview a respondent lawyer's family or staff without notifying the lawyer?
Yes, but only conducted honestly. The opinion concluded Disciplinary Counsel may interview a respondent attorney's spouse, secretary, clerk, investigator, employee, partner, or associate, without…
Under what conditions could a Tennessee lawyer accept credit card payment for legal fees and charge interest on accounts more than 30 days delinquent?
Under detailed conditions, since superseded. The opinion concluded there is no impropriety in a credit card plan or in charging interest on accounts over 30 days delinquent, provided conditions were…
Can lawyers appointed as special prosecutors keep their private criminal-defense practice while serving, and under what safeguards?
LEI 81-9 concluded that, although a prosecutor ordinarily may not also defend criminal cases, a narrow, fact-specific exception let two lawyers appointed as special prosecutors for a limited time…
If a law firm represents county officials in a federal civil rights class action brought by jail inmates, can the firm also accept court appointments to defend indigent criminal defendants held in that same county jail?
LEI 81-10 concluded that a firm representing county officials in a federal civil rights class action brought on behalf of all persons confined in the county jail should not accept appointments to…
Can a part-time local government attorney who prosecutes ordinance violations also defend criminal cases privately?
The opinion concluded that a part-time local attorney may take private criminal defense work only if the conduct he prosecutes for the locality includes no Penal Law or other state-statute offenses…
Can one law firm represent a county utilities authority while a partner represents a municipality that belongs to that authority, and does hiring separate special counsel cure the conflict?
No. The opinion concluded a firm may not represent a county utilities authority while a partner represents a member municipality, and neither appointing separate special counsel nor forming a…
Can a lawyer who serves as a tax-assessment hearing officer, or others in his firm, represent private clients in those same proceedings?
The opinion concluded that a lawyer serving as a small-claims real property tax assessment hearing officer, and the lawyers in his firm, may not represent private clients in tax-assessment matters…
Must a Florida lawyer who suspects a former client gave false affidavits or deposition testimony disclose the suspected fraud to the court?
Under the former DR 7-102(B), disclosure depended on information clearly establishing fraud. The committee left whether these facts met that test to the inquiring lawyer.
Can a lawyer share office space with a non-lawyer business, like a mortgage company or an insurance underwriter?
Yes. The opinion concluded a lawyer may share office space with a non-lawyer business so long as the separate practices and identities are maintained and client confidences are preserved, and it…
Can a British law firm open a New York office run by one of its members who is admitted to the New York bar?
The opinion concluded that a British solicitors' firm may open a New York office managed as resident partner by a member admitted to the New York bar, because a lawyer admitted in another…
What could a judge discuss in a newspaper interview during a campaign for judicial office?
The Commission applied its answer on judicial campaign literature to the newspaper-interview question, assuming a campaign for judicial office.
What could a judicial candidate say in campaign literature about court work and pending cases?
The Commission said Canon 7B allowed campaign language within judicial dignity, but barred comment or legal conclusions on pending litigation; it allowed general discussion of court records,…
Could a judicial candidate hold office in a political organization or serve on its fundraising committee?
The Commission said the candidate should not hold such an office or serve on a committee soliciting funds for the organization, but may pay the qualification fee required to become a candidate.
Were judicial candidates limited to a single pledge when speaking at political rallies?
No. The Commission allowed ordinary judicial campaigning beyond the quoted pledge if conducted consistently with the Canons’ standards for independence, impartiality, and integrity; violations…
Where did the Commission direct a judge for examples of permissible and impermissible campaign conduct?
The Commission referred back to its answer to Question 11 for the specific activities it had addressed and invited further specific concerns.
What did the Commission say it meant to maintain judicial dignity during a political campaign?
The Commission said a campaigning judge must preserve the dignity of office, judicial independence, integrity, and impartiality, and avoid bringing the office’s prestige into the campaign.
Where did the Commission direct a judge seeking examples of appropriate and inappropriate political activity?
The Commission pointed to Advisory Opinions 30, 39, 85, and 86 for specific examples and invited other concerns to be submitted to it.
How did the Commission define political activity inappropriate to judicial office under Canon 7A(l)?
The Commission defined it as activity that the Canons as a whole seek to prohibit and referred to its earlier Opinion 78-39.
Must a sitting judge resign judicial office to run for district attorney?
Yes. The Commission said a district attorney is not a judicial office under Canon 7A(2), so a judge must resign to run for that position.
May an elected judge accept contributions after taking office to reduce campaign debt?
The Commission said a judge may accept campaign contributions at any time if they comply with election and contribution laws, while remaining mindful of Canon 7B(l)(d).
Do the Alabama Canons prohibit a judge’s spouse from independent political activity in a candidate’s campaign?
The Commission said the Alabama Canons of Judicial Ethics do not prohibit independent political activities by a judge’s spouse.
Could a judge comment on a candidate while addressing a group about court functions?
The Commission said such a response could violate the spirit of Canons 7 and 2C, while distinguishing a judge’s general expression of political viewpoints.
Would a judge violate Canon 7 by attending a candidate’s $50 per plate dinner?
The Commission concluded that the described attendance violated neither the spirit nor the letter of Canon 7.
May a judge allow a campaign to use the judge’s photograph when an immediate relative seeks nonjudicial office?
Overruled by Alabama Advisory Opinion 18-937. In 1982, the Commission strongly discouraged a judge’s photograph in a relative’s nonjudicial campaign.
Did family ties remove the Canon’s discouragement of a judge campaigning for a nonjudicial candidate?
The Commission said no: such campaigning remained strongly discouraged, and the judge also had to avoid suggesting the candidate held special influence with the judge.
Did the Commission prohibit a judge from belonging to an organization with political or economic advocacy?
The Commission said mere membership was not prohibited, but service could become impermissible if it conflicted with duties, impaired impartiality, or involved likely court proceedings.
What did the Commission mean by “administration of justice” under Canon 7A(3)?
The Commission construed the phrase narrowly to cover the legal system’s case-processing and judgment-enforcement functions, together with functions needed to operate the courts.
Can a criminal defense lawyer privately represent an assistant prosecutor, county investigator, or county detective in personal matters while practicing criminal defense in the same county?
No. The opinion concluded that members of the local criminal defense bar should not undertake private representation of a prosecutor's staff (assistant prosecutors, county investigators, county…
Can a part-time Kentucky Commonwealth's or county attorney represent a licensee in a disciplinary action before a state licensing board, or against that board in court?
No. The opinion concluded that because Commonwealth's and county attorneys and their assistants are compensated by the state, they could not represent private clients against the state's licensing…
Can a law firm list a name and phone number in a city's telephone directory when the firm does not actually maintain an office there?
No. A telephone-directory listing that implies a firm is practicing in a city where it has no office is misleading on its face and is not permitted.
Can a lawyer who is not admitted in Kentucky advertise legal services in Kentucky?
Qualified no. A lawyer not admitted in Kentucky may advertise there, but the advertisement is misleading unless it discloses that the lawyer is not admitted in Kentucky, because an unqualified ad…
Can two Kentucky lawyers who are not partners hold themselves out as 'Jones & Jones,' and can a lawyer be a partner in more than one law firm?
No to the false partnership name: lawyers who are not in fact partners may not use a firm name that implies a partnership. As to belonging to more than one firm, the opinion gave a qualified yes,…
Can a lawyer who sits on a legal aid program's board represent a client opposing someone represented by that program's staff attorney?
Qualified yes. The opinion concluded it depends on the board's role: if board members directly participate in client representation it is a disqualifying conflict, but if the board only sets policy…
When does a part-time Kentucky prosecutor's private practice (or a prosecutor's spouse's practice) create a disqualifying conflict with a criminal case the prosecutor is handling?
The opinion answered three scenarios: a prosecutor may prosecute a criminal case linked to a civil case only if the prosecutor's own civil client filed the complaint (and then withdraws from the…
Were judges required to recuse from a challenge to election procedures when their own terms expired that year?
The Commission did not find disqualification required on the stated facts, but said the judge could choose to recuse.
May a judge appoint a relative within the prohibited degree to represent an indigent criminal defendant?
No. Reaffirming Advisory Opinion 80-91, the Commission said the judge was disqualified from making that appointment.
May a Maryland judge serve on a municipality’s ethics commission?
No. The Committee treated the commission’s power to hear and decide complaints as a governmental office barred to the judge by then-cited Ethics Rule 3.
Can a lawyer state on the letterhead that he is certified as a Civil Trial Advocate by the National Board of Trial Advocacy?
The committee concluded that it is not improper for an attorney to designate on his letterhead that he has been certified as a Civil Trial Advocate by the National Board of Trial Advocacy. It was…
Must a judge recuse before entering a final order when counsel for a party previously represented the judge in an unrelated personal matter?
The Commission said recusal was not required on the stated facts, including that the unrelated representation had ended, all parties had been advised, and all consented to entry of the order.
Must a judge recuse solely because an attorney who regularly practices before the court is a party?
No. The Commission said that fact alone did not require recusal, but bias, prejudice, or other facts reasonably calling impartiality into question would require it.
Does a lawyer who volunteers as a community mediator have to report crime, fraud, or child abuse learned during a mediation session to authorities?
No. The opinion concluded a lawyer serving as a mediator in a voluntary community program is not required by the disciplinary rules to disclose information learned as a mediator, because no…
Does a board of education's attorney have a conflict of interest when his wife is a teacher paid out of the same school budget he defends?
Not on these facts. The opinion concluded there was little likelihood of any direct conflict where the school board's attorney supported a budget that funded his wife's teaching salary, finding the…
Can a one-lawyer professional corporation form a partnership with an individual attorney and keep a firm name that reads as individuals' names?
Yes. The opinion concluded that a partnership made up of a one-attorney professional corporation and an individual lawyer, using a firm name that reflects individuals' names consistent with the…
Can a Mississippi lawyer share a firm letterhead with an out-of-state lawyer who is not licensed in Mississippi?
Yes, with conditions. Rule 7.7(c) lets a multi-jurisdiction firm use one name if the letterhead shows each lawyer's jurisdictional limits, but the association must be a genuine partnership, not a…
Can a judge hear cases involving a law firm the judge is negotiating with for future employment?
The opinion concluded that a judge may not hear matters in which a law firm the judge is negotiating with for private employment appears, and even after the judge declines a firm, the prior…
Can a lawyer mail bar association 'Know Your Rights' pamphlets to clients and non-clients and mention them in advertising?
The opinion concluded that a lawyer may distribute the New York State Bar Association's 'Know Your Rights' pamphlets in a general mailing to clients and non-clients and may mention 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.