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.
May a judge solicit a confidential letter from a crime victim after a guilty plea and before sentencing?
The Commission said the proposed confidential solicitation violated Canon 3A(4); placing the communication in the court file or presentence report would remove the ex parte character it identified.
Does a judge’s child working as a secretary for counsel to a party automatically require recusal?
No. The Commission said the job alone did not require recusal, but other facts about the child’s connection to the proceeding could make impartiality reasonably questionable.
May a Maryland Orphans’ Court judge write probate bonds for insurance clients through the judge’s private business?
No. The Committee said neither the judge nor an agent acting in the judge’s name could write probate bonds for clients while the judge’s court sets bonds for estates.
Can one lawyer represent several accident victims from the same crash, including a wrongful-death claim, when the insurance covers everyone fully?
The opinion concluded that where there is no question about the carrier's coverage or ability to pay, so that sufficient assets exist to satisfy all potential claims, one lawyer may represent…
Must a judge recuse whenever a party is a grocery chain employing the judge’s daughter?
The Commission said the employment alone did not require recusal, but other circumstances could, including when the litigation’s outcome affects the child’s salary or income.
May a judge or the judge’s spouse rent office space to a lawyer appearing before the judge?
The Commission said the rent arrangement was prohibited under Canon 5C(l) and disqualified the judge from proceedings involving the law firm under Canon 3C(l); it declined the separate appointment…
Could a probate judge operate a private CPA practice after hours and on weekends?
The Commission said Canon 5C permitted the practice if it did not reflect adversely on impartiality, interfere with judicial duties, exploit judicial position, or cause excessive recusals; it did…
Did Canon 2A prohibit a trial judge from dismissing a criminal case with payment of costs under Act No. 81-353?
The Commission said dismissal in the manner prescribed by Act No. 81-353 did not violate Canon 2A.
Could a part-time municipal judge serve as attorney for the city board of education?
The Commission said the Canons did not prohibit the role, but Canon 2A could be violated if state law barred the dual positions; it left that statute’s application to the courts or Attorney General.
Can a lawyer defending a contractor sued by the State of Tennessee interview non-management state employees, including the State architect, without going through the Attorney General's office?
Yes. The opinion concluded DR 7-104's ban on communicating with an adverse party known to be represented by counsel does not apply to communications with an employee of the State where the State…
Can a Tennessee lawyer accept a contingent fee in a domestic relations case?
Accepting a contingent fee in a domestic relations case, standing alone, does not warrant discipline, but the opinion concluded such arrangements are rarely justified because of the human…
Can a legal services law office give client identifying information, like Social Security numbers and demographics, to the government agency that funds the office?
Only with the client's informed written consent. The opinion concluded that client identifying details such as Social Security number, address, date of birth, sex, race, and referral source are…
Can a lawyer apply trust funds held for one purpose to his own fee claim over the client's objection, and may he keep more than the claim is worth?
The opinion concluded that funds held in trust for a different purpose may not, over the client's objection, be applied to the lawyer's fee claim or claimed lien without prior court approval, and…
Does a court-appointed lawyer act unethically by filing an appeal the lawyer thinks is frivolous when the indigent client insists on appealing?
The opinion concluded that a court-appointed lawyer who, at the client's insistence and following the Anders procedure, commences an appeal he believes frivolous does not act unethically, because…
Can a lawyer advertise examples of past case results and the dollar amounts recovered?
The opinion concluded that, as a general rule, a lawyer may not advertise results obtained in prior cases, including selected examples with recovery amounts, because such claims are unverifiable and…
Must a lawyer who handled an indigent defendant's criminal appeal give the client the State-supplied trial transcript after the appeal ends?
The opinion concluded that yes, if the client wishes it, the lawyer must turn over the transcript, because the right to the transcript belongs to the defendant, not the lawyer, and a lawyer must…
Can an assistant district attorney keep prosecuting when her spouse is a Superior Court judge in the same community?
The opinion concluded that the mere fact of marriage between a Superior Court judge and an assistant district attorney in the same community does not violate the Code, assuming the proposed…
Can a Maine lawyer keep the client trust account in an out-of-state bank that is closer to the office than any in-state bank?
The opinion concluded no. Maine Bar Rule 3.6(f)(1) requires client funds to be deposited in one or more bank accounts maintained in the state where the law office is situated, and it contains no…
Can a lawyer who chairs the county commissioners keep defending criminal cases that the sheriff's office investigated, when the commissioners oversee the sheriff, and must the district attorney withdraw from cases against that lawyer's clients?
The opinion concluded that the district attorney need not withdraw from any case, because the DA represents the county as a governmental body, not any individual commissioner, and prosecuting the…
What conflict and disclosure duties does a lawyer who serves in the legislature, and the lawyer's firm, owe to clients affected by legislation, and can a partner serve as a paid lobbyist?
The opinion concluded that the rule on lawyers in public office (Rule 3.2(d)) is not a blanket bar on representing clients affected by legislation; it reaches only the use of public position for a…
Must a judge recuse when a former firm representing a party owes the judge payments under buyout and land-sale agreements?
Yes. The Commission said both debt arrangements required recusal under Canon 3C(l) in matters represented by the firm because impartiality might reasonably be questioned.
Did replacing appointed defense counsel without stating a reason violate Canon 2(A) on the facts presented?
The Commission said the described circuit-court appointment of different counsel did not violate Canon 2(A).
What did Opinion 82-126 originally say about using court resources for juror commendation letters?
The Commission originally barred such use of court stationery, stamps, or personnel absent a court rule or presiding circuit judge’s express permission; the official PDF marks the opinion overruled…
May a Maryland judge lease office space to a state agency and hear cases involving that agency?
The Committee found no impropriety in the described lease or related cases, provided the lease remained straightforward and did not create an entanglement reasonably affecting the judge’s impartiality.
What must Colorado legal aid lawyers do when their program loses funding and they can no longer represent all their clients?
The opinion concluded that as substantial defunding becomes reasonably evident, legal services lawyers must protect existing clients first: notify clients, set priorities, inform the courts, and…
Can a lawyer who represented one spouse in a divorce later represent the other spouse to modify the decree?
No. The opinion holds that representing the former husband against the former wife the lawyer once represented, in a proceeding to modify child support, violates Rule 1.9's duty to a former client.
Can a municipal attorney represent both the city and its police officers in a suit against both over alleged excessive force?
The opinion concluded that a municipal attorney cannot represent both the municipality and its police officers where their interests differ, and a private attorney paid by the municipality may…
After speaking at a seminar, can a lawyer send a follow-up letter to attendees who asked the sponsor for more information?
The opinion concluded that sending such a letter would be improper solicitation, because it amounts to recommending the lawyer's own employment to nonlawyers who did not seek the lawyer's advice.
After settling the passengers' claims from a car crash, can one lawyer represent both the driver and the owner of that car in their own claims?
The opinion concluded that the lawyer may not represent both the driver and the owner together, because the owner may have a claim against the driver, but may represent either one alone subject to…
In a contingent-fee case, can the lawyer switch to hourly billing if the client abandons the claim or accepts a settlement the lawyer thinks is too low?
The opinion concluded that the lawyer is limited to the contingent fee when the client accepts a settlement, and that a contract clause letting the lawyer bill hourly because the lawyer deems an…
Can a government agency lawyer send the opposing lawyer's client copies of correspondence sent to that lawyer?
The opinion concluded that doing so violates the no-contact rule even when the client has a strong interest in the matter; to address a dilatory opposing lawyer, the agency lawyer may send copies to…
If a city attorney is called as a witness by the opposing party, must the attorney withdraw from representing the city?
The opinion concluded that the city attorney need not withdraw when called as a witness by the adverse party (rather than on the city's behalf), subject to the rules, the client's consent, and the…
Can a lawyer destroy parts of a client's file at the client's request when the other side is expected to seek that material in discovery?
The opinion concluded that the lawyer may not destroy the relevant portions of the file if the lawyer reasonably believes the information will be sought by the opposing party, because a lawyer may…
Can a law firm be paid to represent a public education district when one of the firm's lawyers sits on that district's board?
The opinion concluded that yes, the firm may represent the district for compensation if the board member makes full disclosure, abstains from the decision to retain the firm, and the firm's duties…
Can a lawyer advise a client to destroy a contract not to revoke a will, and can the firm later probate the estate while bound to keep the deceased client's confidences?
The opinion concluded that a lawyer may not advise a client to destroy a contract not to revoke a will, the firm may not later represent the estate's corporate fiduciary because of the conflict and…
If a lawyer becomes a part-time criminal intake court commissioner, can the lawyer and the partner still take criminal defense cases?
The opinion concluded that the commissioner's partner is barred from appearing in any action in which the commissioner acted, but neither the commissioner nor the partner is barred from defending…
Does a lawyer have to tell a client that the lawyer made an error that might be malpractice and that the client may have a claim against the lawyer?
The opinion concluded that an attorney is obligated to inform the client that an omission has occurred which may constitute malpractice and that the client may have a claim against the lawyer for it.
Can lawyers own an outside business such as a collection agency while practicing law, and can their firm accept referrals from that business?
The opinion concluded that owning a collection agency is not prohibited per se, but accepting referrals from it is governed by the solicitation and barratry rules and may often result in a violation.
Can a law firm publish a newsletter of general legal information and mail it to clients and acquaintances under the firm's name?
The opinion concluded that a firm may publish and distribute such a newsletter, with the firm's name listed, provided it helps readers recognize legal problems, is not misleading, and does not…
Can a candidate for the Michigan Supreme Court criticize a divided opinion of that court during the campaign?
The opinion concluded that a candidate for the Michigan Supreme Court may criticize the majority portion of a divided opinion of that court, and the legal philosophy underlying it, so long as the…
Could a Nebraska lawyer help manage a collection agency that solicited accounts and then retain the lawyer for collection work?
No. The arrangement used the agency to solicit legal work, and a part-time county attorney faced added conflicts and implied-prosecution concerns when collecting checks or debts privately.
May a Vermont lawyer's collection letter indirectly threaten criminal charges over a bad check?
Opinion 82-10 finds that a proposed sentence warning a debtor that knowingly writing a bad check is illegal amounted to an impermissible indirect threat under former DR 7-105.
When may a Vermont lawyer hold a former client's file for unpaid fees?
Opinion 82-09 allowed a lawful lien on a closed file when retention would not foreseeably prejudice the client's matter. It required the lawyer to subordinate the lien and deliver an active file if…
Could Vermont's public defender program contract with the Defender General's spouse for conflict-case appeals?
Opinion 82-08 found no automatic conflict in contracting with the Defender General's spouse for conflict-case appeals. Both spouses still had to preserve client confidences and undivided loyalty;…
Must a Vermont lawyer tell an insurer about later client information that could have reduced an already agreed injury settlement?
Opinion 82-07 found no former-Code duty to disclose later confidential client information where the lawyer could not establish client fraud and the information came from the client.
May a lawyer-legislator's firm lobby or present evidence for private clients before the legislature?
Opinion 82-05 concluded that a lawyer-legislator could not represent private clients before a legislative committee and that DR 5-105(D) extended the disqualification to the lawyer's firm.
Under Vermont's 1982 Code, could a lawyer run a newspaper display ad with a photo, a free-consultation offer, and a scales-of-justice symbol?
Opinion 82-04 found that the described newspaper ad did not appear to violate former DR 2-101(D), while cautioning against content conveying more than that rule authorized.
May partners of a city grand juror sue members of the police department that assists the juror?
Opinion 82-03 concluded that the firm's partners and associates could not represent private clients against members of that city's police department. The grand juror's prosecutorial work required…
Could a lawyer continue representing a majority stockholder after merging with the firm representing the corporation?
Opinion 82-02 concluded that the lawyer could not continue the stockholder's litigation representation after merging with the corporation's firm, given the differing interests assumed in the…
May a former Vermont agency lawyer sue a corporation over a compliance order the lawyer negotiated for the state?
Opinion 82-01 prohibited the former agency lawyer from representing private litigants against the corporation over the order or the same underlying facts. The lawyer had substantial responsibility…
Can a lawyer who serves as a state legislator and works only intermittently with a firm be held out as 'of counsel' to that firm?
The opinion concluded a legislator whose continuing relationship with a firm satisfies the traditional 'of counsel' test may be held out as 'of counsel,' even though he is not 'actively and…
Can a law firm give clients pens imprinted with the firm name, address, phone number, and practice areas?
The opinion concluded a firm may distribute nominal-value imprinted pens, treating it as permitted advertising, provided an individual lawyer's name appears on the pen; it overruled earlier opinions…
Can a lawyer keep a small fee a title insurance company pays for furnishing 'back title evidence' when applying for the client's title insurance?
The opinion concluded the lawyer may not keep the commission; it must be disclosed to the client and credited or remitted to the client, because retaining it would be an unreasonable, arbitrary fee,…
Can a landowner's lawyer try to settle an eminent domain case directly with the condemning authority's employees when that authority has its own counsel?
The opinion concluded no; a lawyer may not communicate directly with employees of a represented condemning authority to settle an eminent domain case without the prior consent of its counsel, even…
Can a part-time assistant state's attorney assigned to civil cases represent private clients on zoning matters before the county board?
The opinion concluded no; a part-time assistant state's attorney who handles civil matters for the county may not represent private clients on zoning matters before the county board, because his…
Can a part-time public defender who learns of police misconduct through that work refer the civil case to another lawyer and collect a referral fee?
The opinion concluded it is not improper; a part-time public defender's clients are the accused, not the county, so there is no conflict, and he may refer a police-misconduct case to other counsel…
Can a firm list independent lawyers who only take forwarded work as 'Of Counsel,' and can it pay them a referral fee on those matters?
The opinion concluded the firm may not show independent lawyers who are merely receivers of forwarded business as 'Of Counsel,' because no true continuing relationship exists, but it may pay or…
Can a company that uses its own salaried in-house lawyer to foreclose mortgages claim part of that lawyer's salary as a recoverable legal fee from the borrower?
The opinion concluded it is not improper; a thrift institution may claim the portion of its salaried in-house lawyer's salary attributable to a foreclosure as a legal fee, because the lawyer never…
Can a legal-services lawyer take part in a program where an outside nonprofit advances students' court costs and its staff helps them file small claims suits?
The opinion concluded no; the lawyer could not participate, because the outside organization's staff helping students file and pursue claims would be the unauthorized practice of law that the lawyer…
Can lawyers who only share office space and overhead, without sharing fees, use common letterhead or stationery?
The opinion concluded no; lawyers in an office-sharing arrangement who do not share fees may not use common stationery, because it would mislead the public about their relationship and about who is…
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.