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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Can a Texas lawyer store confidential client information in the cloud or use cloud-based software to prepare client documents?
Per the Committee, yes; a lawyer may use cloud-based storage and document-preparation systems for confidential client information, but must take reasonable precautions and stay alert to data-breach…
Can a Texas lawyer renegotiate a flat fee mid-case if the litigation turns out to be far bigger and more complex than expected?
Per the Committee, yes, but only if modifying the agreement is fair under the circumstances, and the lawyer bears the burden of proving fairness; relevant factors include the length of the…
Can a Texas lawyer who is named executor of an estate also serve as the lawyer for that executor, and if not, can someone else in the firm?
Per the Committee, yes in principle: a lawyer is not prohibited from serving as both executor and counsel for the executor, but must analyze Rule 1.06 first; if the representation will be adversely…
If my law partner is a part-time municipal court judge, can I defend criminal cases in that municipal court before the other judges?
Per the Committee, only with the defendant client's informed consent: the part-time judge's personal-interest conflict under Rule 1.06(b)(2) is imputed to the law partner by Rule 1.06(f), so the…
Can a New York lawyer also work as a financial planner for the same clients, advertise the planning service, and take referral fees from investment firms?
A lawyer may provide both legal and financial-planning services if no significant conflict exists, but may not take brokerage commissions on products bought by legal clients, which is a…
Does a lawyer who drafts a form contract for one client have a conflict if another client might later negotiate against it?
The opinion concludes that drafting a form contract for a client is not, by itself, a conflict merely because the form might later be used against another client of the firm; there is no direct…
May a judge wear a robe and judicial title in an education department video about truancy measures?
West Virginia JIC Opinion 2018-19 permits participation, identification as a judge, and the robe because the education department video concerns measures that benefit the legal system.
May a suspended judge prepare a return to the bench through docket and staff meetings before suspension ends?
West Virginia JIC Opinion 2018-18 bars all proposed transition activity during the suspension and says the judge cannot resume bench duties until the outstanding fine is fully paid.
May a delegate who voted on judicial impeachment apply or run for a vacancy on the Supreme Court?
West Virginia JIC Opinion 2018-17 finds no Canon 4 impediment to the delegate applying or running for a Supreme Court seat after the House impeachment vote moved to the Senate.
Could a probate judge hear a guardianship petition concerning the court’s chief clerk’s parent?
No. The Commission found the judge’s responsibility for appointing and overseeing the chief clerk a special factor requiring disqualification, which the parties could not waive.
Can in-house counsel for a non-law-firm company provide legal services to the company's customers?
The opinion concludes that an in-house lawyer who provides legal services to the customers of a non-law-firm employer, for the employer's financial benefit, assists the employer in the unauthorized…
May a judge help a local high school mock trial team?
The committee said the judge generally may assist the school’s mock trial team under Rules 21-307(A) and 21-301, provided the particular work does not interfere with judicial duties, cause frequent…
What can an Ohio lawyer put in a website domain name, and can a domain name claim a practice specialty or a city where the lawyer has no office?
The opinion concluded that a lawyer's domain name is a form of advertising and a professional designation governed by the Ohio Rules. A lawyer is encouraged but not required to include the lawyer or…
What political and campaign activities can an Ohio court magistrate take part in, and can a magistrate help the appointing judge's reelection?
The opinion concluded that magistrates are judicial officers subject to the Code of Judicial Conduct, so a magistrate may not contribute to the campaign committee of a judicial candidate seeking the…
When must a judge’s law clerk resign to run for partisan nonjudicial office?
West Virginia JIC Opinion 2018-16 requires immediate resignation when the clerk first publicly announces the decision to run or files precandidacy papers.
Must a family judge report a self-represented lawyer’s positive drug test from a confidential custody case?
West Virginia JIC Opinion 2018-15 finds no current duty to breach Family Court confidentiality and report the test to Lawyer Disciplinary Counsel, while leaving later action open if further facts emerge.
Can a lawyer retain a scarce expert, or share confidential information with one, just to conflict the expert out so the other side cannot use them?
Per the Committee, no; retaining an expert or intentionally disclosing confidential information to a prospective expert with no substantial purpose other than to disqualify or block the opposing…
Can a Texas lawyer who served as mediator draft the written settlement agreement memorializing the parties' deal, and can the mediator suggest extra terms not discussed in the session?
Per the Committee, yes; drafting a written agreement that memorializes the mediated terms is part of the mediator's traditional role and is not legal representation, so it does not violate Rule 1.11…
Can a 501(c)(3) nonprofit law firm directly solicit self-represented Texans to provide civil legal services at below-market flat fees?
Per the Committee, no; soliciting prospective clients who have not sought the lawyer's advice and are not members of the qualified nonprofit organization violates Rule 7.03(a) when a significant…
Can a lawyer ask other lawyers (in an online discussion group or in a one-on-one consultation) for advice that will help a client, and how much can the lawyer say about the client's matter?
Per the Committee, informal lawyer-to-lawyer consultation is not categorically prohibited; the inquiring lawyer should keep to general or abstract questions, and may reveal a limited amount of…
Can a New York lawyer take litigation funding where the lawyer's repayment to the funder is tied to the legal fees the lawyer collects?
No. Under Rule 5.4(a), a lawyer may not enter a financing agreement with a litigation funder (a non-lawyer) where the lawyer's future payments to the funder are contingent on the lawyer's receipt of…
Can a North Carolina lawyer buy litigation cost protection insurance for a contingency case and charge the premium back to the client out of any recovery?
Yes. A lawyer may buy litigation cost protection insurance for contingency cases if it does not compromise independent judgment or the client's settlement authority, and may shift the premium to the…
When a North Carolina lawyer is suspended, must the lawyer's name be removed from the law firm name, signage, letterhead, and website?
An actively disciplinary-suspended lawyer's name must be removed within a reasonable time not to exceed three months. If the suspension is stayed the lawyer may practice and the name may stay; for…
How does a North Carolina lawyer determine whether adverse authority from a lateral or lower court must be disclosed under Rule 3.3(a)(2)?
The lawyer must determine which authority controls for the particular tribunal. Rule 3.3(a)(2) requires disclosure of known, directly adverse controlling authority that opposing counsel has not…
Can a North Carolina lawyer claim a profile on Avvo, Google, or LinkedIn, pay to be listed, and what must the lawyer do about third-party reviews?
A lawyer may claim a profile, pay the reasonable cost of a directory listing, and provide information to a rating system if everything stays truthful and not misleading. The lawyer is responsible…
Did a juvenile judge’s spouse serving on the school board require recusal from school-related delinquency cases?
The spouse’s board seat alone did not disqualify the judge from every school-related case. The Commission called for case-specific review of the spouse’s involvement and on-record disclosure in…
Do Kentucky lawyers have an ethical duty to use cybersecurity to protect client data, tell clients about breaches, and supervise the staff and vendors who handle it?
Yes. Lawyers must make reasonable efforts to protect client information from cyberattack as part of competence, confidentiality, and safekeeping duties; they may use nonlawyers and vendors but must…
Does a New York lawyer have a duty to investigate when asked to help with a transaction the lawyer suspects may be a crime or fraud?
The Rules do not expressly require investigation, but the opinion concludes a duty to inquire is implicit in some circumstances, arising from the Rule 1.1 competence duty and the Rule 1.2(d) bar on…
May a Connecticut lawyer give a former or current client a low-cost thank-you gift after a client referral?
Yes. A nominal post-referral gift such as a firm-logo coffee mug is a courtesy rather than compensation or inducement and does not constitute prohibited value under Rule 7.2(c).
May a Connecticut lawyer accept a workers' compensation file referred by a nonlawyer accredited representative?
Yes, with the safeguards stated in the opinion. The nonlawyer's hourly fee must remain separate from the lawyer's contingent fee, no value may be paid for the referral, the worker must choose…
May a Connecticut law firm represent a client in a real-estate deal when one firm lawyer serves as the client's or opposing party's real-estate agent?
The lawyer's conflict and required disclosures are imputed to the firm. The firm may not represent a buyer when its lawyer acts as the seller's real-estate agent, and the lawyer remains subject to…
Is it an ethics violation for a New York lawyer to copy from other sources without attribution in a brief or court filing?
Not per se. The opinion concludes that copying another's writing without attribution in a litigation filing is not always deceptive under Rule 8.4(c), so it is not a per se violation. Depending on…
May a former police officer serving as magistrate remain in law enforcement associations?
West Virginia JIC Opinion 2018-14 bars membership in the Fraternal Order of Police, Deputy Sheriffs Association and Chiefs of Police while serving as magistrate because it could appear to favor law…
May a Maryland judge serve as a military reserve judge advocate and accept standard pay?
Maryland Judicial Ethics Opinion 2018-26 permits judge advocate service and assigned legal duties during military service, with other judicial-conduct rules still applying, and permits standard…
Does a New Hampshire defense lawyer have a conflict if the lawyer also represents a nonparty the defendant names as a DeBenedetto apportionment-of-fault party?
Yes. Naming a current client as a DeBenedetto party creates a Rule 1.7(a) concurrent conflict because the defendant and that party are directly adverse; the committee could not agree whether such a…
Can a West Virginia lawyer join an online attorney-client matching service that collects the client's fee and takes a per-case 'marketing fee' out of it?
No. The Board concludes that a lawyer who participates in the described attorney-client matching service model would violate the Rules of Professional Conduct, because the per-matter marketing fee…
Could a judge hire a judicial assistant from a firm with cases pending in the judge’s court?
Yes, if the hire would cause no more than occasional disqualification. The Commission allowed complete isolation from affected cases in appropriate circumstances, with disclosure to the parties.
Can a lawyer prepare documents for a pro se litigant under a limited-scope engagement, and must the lawyer disclose that a lawyer prepared the document?
Yes to the first, no to the second. The opinion concludes a lawyer may provide limited-scope (unbundled) help, including drafting documents for a self-represented litigant, and is not required to…
May a judicial candidate discuss her brother’s murder while the convicted defendant has a pending habeas petition?
West Virginia JIC Opinion 2018-13 permits a general account of the murder and its influence on the candidate’s career, without names or many facts, but rejects discussing the case in great detail…
Can a lawyer agree to a settlement confidentiality clause that bars the lawyer from referring to the incident, the product, or the defendants' identity in other cases?
Formal Ethics Opinion 2018-F-166 holds that it is improper for a lawyer to propose or accept a settlement confidentiality clause barring future use or disclosure of publicly available information…
Can a lawyer agree to a settlement term that bars the lawyer from disclosing or advertising information that is in the public court record?
The opinion concluded that a settlement term barring a lawyer from disclosing information contained in a court record is an impermissible restriction on the lawyer's right to practice under…
Can a lawyer licensed in another state handle an Ohio loan closing for an out-of-state lender without retaining Ohio counsel?
The opinion concluded that an out-of-state lawyer admitted and in good standing elsewhere may represent an out-of-state lending institution on a temporary basis in a loan secured by Ohio real…
Could attorneys repeatedly appointed as “temporary” probate judges practice in that same probate court?
No. The Commission classified the continuing appointees as part-time judges, who could not practice in that court or be appointed there as guardians or administrators ad litem.
Could a judge take over a former partner’s cases after a self-imposed two-year recusal period ended?
No for the cases from which the judge had already disqualified. The Commission said the appearance of partiality continued in those same matters after the chosen period expired.
Can a lawyer the insurance company assigned to defend an insured withhold information from the insured to protect the insurer's financial interests?
No. The insured is the client, and the lawyer's duties under Rules 1.2(a) and 1.4 to communicate fully cannot be limited to protect the paying insurer; doing so would be the interference Rule 1.8(f)…
What must a Maryland judge who is not a candidate do when a spouse campaigns or wants a yard sign?
Maryland Judicial Ethics Opinion 2018-14 leaves the spouse free to campaign, but bars the judge’s own partisan activity and calls for steps to avoid implied endorsement, with unresolved concerns…
Can a county attorney also sit on, and chair, the board of a county-sponsored community college that the county attorney's office represents?
If no law bars the dual roles, the lawyer may serve only after assessing, each time the county's and college's interests overlap, whether the board role creates a significant Rule 1.7 risk; a…
May a California law corporation or LLP keep a former partner's or shareholder's name in the firm name when that lawyer no longer holds equity but remains employed at the firm?
Yes. Under former Rule 1-400 it is not misleading to the public for a law corporation or LLP to retain in the firm name an attorney who has given up equity but continues to practice at the firm.
May a Maryland judge write a character testimonial or voluntarily testify for a physician in litigation?
Maryland Judicial Ethics Opinion 2018-16 bars the proposed testimonial letter and says a judge should testify as a character witness only when subpoenaed, discouraging a subpoena absent unusual…
Can a New York lawyer name the firm using only a first name, like 'The Jane Law Firm,' to stand out from other firms sharing the surname?
Under the rule the committee applied, no: a firm name had to include a lawyer's surname, so a first-name-only name was an impermissible trade name. The first name could still be used as branding,…
May a newly elected circuit judge retain employees to wind down a law practice after taking office?
West Virginia JIC Opinion 2018-12 permits the judge to retain two employees for the described winding up, given the immediate transition and safeguards against appearing to practice law as a judge.
May a judge lead a Boy Scout troop and wear the scout uniform at troop events?
The committee permitted the described troop meetings, training, campouts, and committee work, and allowed the uniform at scouting events. Its conclusion relied on activity staying within the troop…
May a municipal judge take part in voluntary truancy-plan meetings in the judge’s courtroom?
The committee said the judge’s described participation was impermissibly coercive even without a robe or courtroom. It recommended an advisory or speaking role that provides general attendance-law…
May a sitting magistrate buy a building and rent offices to lawyers who seldom appear in magistrate court?
West Virginia JIC Opinion 2018-11 rejects the magistrate’s proposed purchase and rental because it could create a recusal situation; a family member may buy it if the magistrate receives no…
Can a lawyer working a non-legal job sign an employer's non-solicitation agreement that could be read to restrict practicing law after the job ends?
No, if the clause restricts the lawyer's right to practice law after the job, Rule 5.6(a)(1) bars it even though the job is not legal work. The lawyer may sign if the clause is expressly made…
Can a real estate lawyer and a spouse who is a real estate broker send each other client referrals?
Yes, with limits. The lawyer may take referrals from the broker spouse only if the spouse is uninvolved in the transaction and follows the lawyer-solicitation rules, and may refer clients to the…
Must a lawyer scrub metadata before sending electronic documents, and may a lawyer mine metadata in documents received from an opponent?
A sending lawyer must act competently to prevent disclosing significant metadata; a receiving lawyer is not barred from mining metadata, but must comply with SCR 20:4.4(b) or (c) if it reveals…
Does the Judicial Conduct Code add restrictions on using leftover funds from an earlier campaign for a judicial run?
West Virginia JIC Opinion 2018-10 finds no additional Code limit on the proposed use and directs the candidate to follow the Secretary of State’s advice on state election law.
Does a judicial conduct rule govern political signs in a building lobby outside the family court’s leased floors?
West Virginia JIC Opinion 2018-09 finds the question outside the Judicial Conduct Code because the signs are on floors the court does not occupy and the judge does not control; it refers the issue…
May a judge sell personal items at a neighborhood block yard sale?
West Virginia JIC Opinion 2018-08 finds no Judicial Conduct Code violation when the judge joins a block yard sale to sell only personal items for personal gain.
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.