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 firm whose lawyer serves as the County Beer Board's attorney also represent private clients before other, unrelated county boards like the Board of Zoning Appeals?
Yes. The opinion concluded that a firm whose lawyer prepares minutes for, litigates appeals for, and advises the County Beer Board is not barred by Formal Ethics Opinion 81-F-4 from representing…
Can a Kentucky law firm run a newspaper announcement about new offices, new partners or associates, or a relocation?
Yes. The opinion concluded that since the Kentucky advertising rule SCR 3.135 took effect in 1978, a firm may publish such public announcements as long as they fully comply with that rule. It…
Can an assistant county attorney who handles only Title IV-D child-support cases, and no prosecutions, also defend criminal cases?
No. The opinion concluded that any lawyer who performs Title IV-D work for the Commonwealth in any respect may not practice criminal defense, both by the committee's prior opinions and by statute…
Can a Kentucky lawyer skip a court hearing or stop appearing for a client because the client has not paid the fee?
Qualified no. The opinion concluded a lawyer who has appeared or agreed to appear may not simply stop showing up over unpaid fees; withdrawal requires compelling reasons, proper notice, and court…
Can a Kentucky law practice incorporated as a P.S.C. operate under the name 'John Doe & Associates,' and may it use 'and Lawyers' or 'and Attorneys' instead?
Qualified yes. The opinion concluded a professional service corporation may practice as one member's name 'and Associates' if it employs two or more associates, but 'and Lawyers' or 'and Attorneys'…
If a Kentucky lawyer did estate planning for a married couple, can the lawyer later represent one spouse in their divorce?
Qualified yes. The opinion concluded it depends on how the estate plan was done: if the couple met jointly, confidences were shared and the lawyer may represent one spouse, but if the lawyer met…
Can lawyers run a financial planning company from their law office and take its customers as legal clients?
The opinion concluded that members of a law firm may operate a financial planning corporation from their law office and accept its customers as legal clients, provided the corporation is not used to…
Could a judge be a member of a local chamber of commerce?
The Commission permitted chamber membership but said circumstances under Canons 2 and 5 could later require the judge to leave the organization.
Can an attorney who settled a building owner's lease dispute later sue that former client for the insurer over the same fire?
No. The opinion concluded that an attorney who defended a building owner in a tenant's suit over fire damage, and negotiated the settlement that resolved it, could not later represent the owner's…
Can a lawyer represent an heir contesting a will when the lawyer and his secretary will be material witnesses on the testator's mental competence?
No, as originally decided. The opinion concluded that where an attorney had earlier determined, along with his secretary, that a client was not competent to make a will, and the client later…
Can one lawyer defend both a minor driver and the parent sued for failing to supervise the minor in the same auto-negligence case?
No. The opinion concluded that the potential for conflict between the minor and the parent, including possible cross-claims for contribution and the parent's defense undercutting the minor,…
Can a lawyer who is a county college trustee appear before the boards and agencies of the same county for private clients?
Yes. The opinion concluded that because a county college is an autonomous, separate political subdivision not under county fiscal control, an attorney who is a trustee may appear before county…
Can a union's lawyer also serve as counsel to a joint labor-management committee that investigates whether union members' workers' comp claims are made in good faith?
No. The opinion concluded that union counsel may not serve a committee investigating the good faith of members' compensation claims, because the committee's interests are potentially adverse to…
May a lawyer charge interest or a finance charge on a client's overdue fee account?
The committee concluded it is improper to automatically impose interest or finance charges on delinquent fee accounts, but an interest charge is permissible in an individual case where the client…
May a lawyer accept credit cards for the payment of legal fees and expenses, and on what conditions?
The committee concluded that, reversing the prior prohibition, lawyers may accept credit cards for legal fees and expenses if the Code is fully observed: advance fees paid by card stay in trust…
After defending school officials in suits a teachers' association brought, can the same lawyer then sue that association for malicious prosecution and defamation on the officials' behalf?
Yes. The opinion concluded that the lawyer's prior defense of the board members and superintendent did not conflict with bringing affirmative claims against the association, so DR 5-105(A) did not…
Can a lawyer with no experience in a field advertise his availability for conferences by relying on an associated out-of-state attorney's expertise?
No. The opinion concluded that an advertisement by a lawyer who admittedly has no experience in the advertised field is misleading and deceptive, and impliedly holds him out as a specialist, both improper.
Could a judge join the American Arbitration Association and act as an arbitrator or mediator?
The Commission permitted membership on the assumption that the association was a professional organization, but said the judge could not act as an arbitrator or mediator in any case.
Can a lawyer who made a fee-sharing referral agreement that violates the Code keep the whole fee and refuse to pay the forwarding lawyer?
The opinion concluded that a lawyer may not keep the entire fee by reneging on a fee-sharing agreement in the name of the Code; the matter should go to a bar association panel to set what fee may be…
Can one lawyer become a partner in two separate law firms in different cities, with his name added to both firm names, while each firm keeps its own separate operations and fee-splitting formula?
Yes, generally. The opinion concluded there is no impropriety in a lawyer becoming a partner and practicing attorney in two separate professional firms in different cities, with his name added to…
After leaving a Legal Aid Society, can a lawyer represent the same indigent clients for a fee in private practice?
The opinion concluded that a former Legal Aid staff attorney may represent prior clients privately, but not for a fee on the same matters they handled at the Society while those clients still…
Can a public defender's office handle an appeal arguing that its own former lawyer gave ineffective assistance at trial?
The opinion concluded that no, where an appeal must attack the competence of trial counsel from the same public defender's office, the office is disqualified, and the fact that several lawyers work…
Can a lawyer contact other purchasers of a defective product to get them to join a class action needing 100 named plaintiffs to certify?
Yes. The lawyer may contact them to obtain joinder, but may accept, but may not seek, employment from purchasers contacted for the purpose of obtaining their joinder, where success in asserting the…
Can a lawyer make an in-person offer to represent an indigent person for free, and is a lawyer required to take a pro bono case?
The opinion concluded that an attorney's in-person offer to represent an indigent person purely pro bono does not violate the solicitation rules, because the prohibited 'employment' means activity…
Did shared mortgage, tax, and insurance payments with former law partners violate the Canons when jointly owned property produced no income?
The Commission said the arrangement was not prohibited on the stated facts so long as no problems arose with mortgage, tax, or insurance payments.
Could a new judge or immediate family receive rent from former law partners still using the judge’s office building?
The Commission said that rental arrangement was prohibited under Canon 5C(l) and would disqualify the judge in proceedings involving the former partners’ firm under Canon 3C(l).
Can a lawyer who serves as escrow agent keep the interest earned on the escrowed funds as payment for handling the escrow?
The opinion concluded that a lawyer acting as escrow agent may not accept or seek the interest earned on escrowed funds as compensation; the committee found such an arrangement per se improper given…
If a client's contract with a debtor sets attorney fees at 20% of the debt, and the lawyer collects that percentage directly from the debtor via garnishment, can the client then demand the lawyer turn that fee over too, on the theory the lawyer's real deal with the client was an hourly rate?
No, as to the contractual percentage fee itself. The opinion concluded that where the attorney collected a sum certain as attorney's fee under the contract between the debtor and creditor, using…
Can a New Jersey lawyer pay to join a for-profit real-estate agency listing or a lay-owned advertising company that refers clients for a fee?
No. The opinion concluded that both arrangements are improper because neither is a bar-operated referral service, the fee structure pays for referrals rather than advertising, and the lay company's…
Can a partner, associate, or office-mate of the lawyer for a Planning and Zoning Commission represent zoning-change applicants before that commission?
No. Neither a partner or associate nor an office-sharer of the commission's attorney may represent applicants before the commission; the appearance of impropriety controls, and the opinion sets a…
Can a lawyer who shares office space with the county attorney take work adverse to the county or defend criminal cases?
No. A lawyer who shares offices with the county attorney may not accept employment adverse to the county or defend criminal cases anywhere; the appearance of impropriety is too great. This opinion…
Can two lawyers in the same office (including a single public defender office) represent jointly charged codefendants who have not waived separate counsel?
No. Two lawyers in one office, including two public defenders in one office, may not represent jointly charged codefendants who have not given the RCr 8.30 waiver; the indigent-representation…
Can a Commonwealth's Attorney or County Attorney privately represent a landowner against the State in a condemnation case?
No. Neither a Commonwealth's Attorney nor a County Attorney could privately represent a party against the State in a state condemnation proceeding, because the official's loyalty to the government…
Did the substitute Opinion 81-105 prohibit a judge from selling jointly owned former-firm books and equipment to a public institution?
The Commission said it knew of no statute or Canon barring the described sale to a state or county institution, but called attention to §13A-10-62; it also did not bar a sale of books to the former…
Could a judge accept a fee paid after taking office for legal services performed before becoming a judge?
The Commission said the Canons did not prohibit payment for the earlier legal services for pre-judgeship services where a prior fee agreement existed.
Could an active Alabama district judge practice law in another state?
No. The Commission read Canon 5F to prohibit an active judge from practicing law in Alabama or any other jurisdiction.
If a lawyer on a bar rehabilitation committee learns of another lawyer's misconduct during counseling, must they report it to disciplinary authorities?
The opinion concluded that members of a bar rehabilitation committee are not obligated to report misconduct learned while counseling a lawyer for drug or alcohol abuse; reporting would destroy the…
Can a criminal defense lawyer keep a piece of physical evidence the client says was stolen from a police station?
The opinion concluded that whether the lawyer may retain physical evidence turns on whether the law imposes a duty to surrender it; if the law requires disclosure the lawyer is ethically bound to…
If a lawyer who has been prosecuting personal injury cases joins a defense firm that is defending those same cases, is the new firm disqualified even if the lawyer takes no part in the cases?
Yes, as originally decided. The opinion concluded that when an attorney who had been prosecuting seven personal injury and workmen's compensation cases joined the defense firm handling those same…
Did Formal Ethics Opinion 80-F-1 condemn all structured settlements, or just settlement offers that let the defense fix the plaintiff's attorney fee?
Just the fee-fixing arrangement. The Board clarified that Opinion 80-F-1's statement calling structured-settlement fee interests inherently conducive to divided loyalties was not intended to condemn…
Can a lawyer answer general legal questions from the audience on a radio or TV call-in program, and may the lawyer take on a caller as a client from it?
The opinion modified Opinion 148 to permit a lawyer to answer general legal questions on call-in programs, with a disclaimer urging the inquirer to seek competent legal advice, but kept the bar on…
After a solo practitioner who practices as 'Smith & Associates' dies, can the surviving associates keep using that name?
No. The opinion concluded that continuing the trade name 'John Smith & Associates' after John Smith's death would mislead the public, because the earlier opinion permitting the name depended on…
Can the associate of an assistant county counsel handle a criminal defendant's appeal from a conviction that arose in the same county?
No. The opinion concluded that an assistant county counsel may not defend against prosecution of offenses in his county, that disqualification extends to his associates and to every judicial level,…
Can a lawyer who writes a legal column for a business publication be identified by name and as a member of his law firm?
Yes. The opinion concluded that, after Bates v. Arizona, a lawyer writing such a column may identify himself as a member of a law firm, modifying and overruling earlier opinions that had barred…
Can a New Jersey lawyer list himself as 'Of Counsel' to a multistate marketing firm that takes a percentage of referred-matter fees and runs group advertising?
No. The opinion concluded the arrangement is improper because the firm's fee division is an arbitrary percentage unrelated to services performed and the firm is an unregistered referral organization…
May an attorney represent an indigent wife on a contingent fee to collect long-overdue alimony arrearages already fixed by a court order?
The committee concluded it would not be improper to represent the wife on a contingency basis to recover alimony arrearages, where the alimony had been fixed by a prior court order, the arrearages…
Can a multistate law firm open a New Jersey office under its existing firm name when the named partners are not New Jersey lawyers?
No. The opinion concluded that under the rule's plain language a firm name may not be used in New Jersey unless all those named are or were members of the New Jersey bar.
Can a lawyer put a dollar cap or time limit on the firm's liability in a title opinion to limit malpractice exposure?
The opinion concluded no. Maine Bar Rule 3.6(b) forbids a lawyer from attempting to exonerate himself from, or limit, liability to a client for the lawyer's own malpractice or that of partners or…
Could a judge sue former clients for attorney fees earned before taking the bench?
The Commission said a judge could seek the same legal remedies in court as other citizens, including a suit for unpaid fees from the judge’s former practice.
Could a judge serve on a criminal justice reform commission formed by a political action group?
The Commission permitted service on the described panel under Canons 5G and 7A(3), which addressed improvement of law, the legal system, and administration of justice.
Could a judge buy stock in a corporation whose owners included an attorney who regularly practiced before the judge?
The Commission said the judge should not invest unless the arrangement complied with Canon 5C’s impartiality and recusal limits; the close business relationship could prohibit it.
Could a judge play a nominal-stakes card game with an attorney who practices before the judge?
The Commission permitted the described nominal-stakes game, but required recusal from the attorney’s cases if the judge became indebted to the attorney through the games.
Can a lawyer represent an insured under an insurer's instruction not to give the insured any opinion on the settlement value of the case?
The opinion concluded that a lawyer may not accept or continue representation of the insured under an insurer's instruction that the lawyer not express any opinion on the case's settlement value,…
May a lawyer be listed as 'General Counsel' or 'Consultant' on a client's letterhead?
Yes, where a bona fide continuing relationship exists. The committee concluded an attorney may be listed as 'General Counsel' or 'Consultant' on a client's letterhead and elsewhere if the attorney…
Could members of a part-time municipal judge’s firm handle state-court cases investigated by municipal police, and what did the Commission say about the judge?
The Commission said the Canons permitted the judge’s representation if the matters had not previously been before that judge’s municipal court; it declined to advise the judge’s law firm colleagues.
Could a judge join fellow hunting club members in obtaining land by lease or another arrangement for hunting?
The Commission said that activity by the judge, in itself, did not violate the Alabama Canons of Judicial Ethics.
Could a judge serve as an officer in corporations that invested mainly in real estate?
The Commission said Canon 5C permitted managing investments and other remunerative activity subject to its restrictions; whether these officer roles violated it depended on each corporation’s facts.
Could a judge serve as an officer of a civic or charitable organization and solicit funds for it?
The Commission allowed the described officer roles but recommended against the judge personally fundraising; it said the Canons did not absolutely prohibit solicitation.
Could a judge continue serving as estate administrator for a fee while a former firm acted as counsel?
The Commission permitted service under Canon 5D if it did not interfere with judicial duties and said the judge’s administrator fee should be paid separately from the former firm’s legal fee.
Must a judge recuse when a school system’s lawsuit could affect the judge’s teacher daughter’s salary?
Yes. The Commission said the judge should recuse because the daughter had an interest that could be substantially affected by the lawsuit’s outcome.
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.