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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Did the Canons allow retired judges on active or inactive status to serve in the Alabama Legislature?
The Commission said the Canons did not apply to inactive retired judges, but Canon 7A(2) barred retired judges on active status from legislative service; it left statutory and constitutional issues…
Could a Maryland judge accept bar-association invitations and hear cases involving the judge’s in-laws?
The Committee permitted bar-association attendance without payment, required recusal for a case involving the judge’s brother’s wife, and found no automatic bar for a case involving her father.
Can a lawyer donate routine legal services to a nonprofit to be used as a door prize or auction item?
No. While lawyers may give away or discount services generally, donating legal services as a door prize or auction item is not the kind of informative advertising Bates protects; it steers a…
Can a lawyer who shares office space with a part-time assistant county attorney defend juveniles in juvenile-court public-offense cases?
No. A lawyer sharing office space with a part-time prosecutor could not represent juveniles in public-offense cases, because the arrangement implies special advantage and juvenile court was treated…
Can a law firm that represents the county government and its sheriff and clerk also defend private clients on traffic charges in the county court?
The opinion concluded that a firm representing the county government and its elected officials, including the clerk, comptroller, and sheriff's department, may not defend clients on traffic…
Can a lawyer draft a warning letter for a rental-agency client that threatens to bring criminal charges against a renter who fails to return rented property?
No. The opinion concluded it would be unethical for the lawyer to prepare a form default letter threatening to present criminal charges if the default was not cured, because doing so is…
Must a lawyer withdraw from representing a fugitive client who refuses to surrender?
The opinion concluded that a lawyer is not required to withdraw merely because a fugitive client refuses to surrender; the lawyer may keep giving legal advice and negotiating surrender, so long as…
Can a lawyer subpoenaed before a grand jury refuse to reveal a client's whereabouts learned in confidence?
The opinion concluded that a lawyer may refuse to reveal a client's whereabouts so long as a good-faith claim of privilege is raised, and may postpone court-ordered testimony pending timely…
Can a lawyer represent a group legal-services plan that insurance brokers set up for their clients, and the subscribers who use it?
Yes, conditionally. The opinion concluded there is no ethical problem if the lawyer submits the plan to the Supreme Court as the rule requires, the Court approves it, and counsel acts in accordance…
Can a lawyer be attorney for both an elected township board of education and the township itself at the same time?
The opinion concluded the lawyer could serve in both capacities because an elected board of education is independent of the town government, but with the caveat that he must drop both if a conflict…
Can a lawyer work for two different law firms at once, and also hold a part-time job with a state government agency?
Yes, with conditions. The opinion concluded a lawyer may work for two firms, each paying for services rendered, if their matters are not adverse and no client information is exposed, and may also…
Were judges who knew a murder victim’s father personally disqualified from the defendant’s pending criminal cases?
Yes. On the stated close relationship, the Commission said Canon 3C required recusal from the capital-murder case and all other then-pending criminal cases against that defendant.
Under the 1981 answer, when did a judge have to recuse if a brother’s law partner was a part-time assistant district attorney?
The Commission originally required recusal only if that assistant prosecutor participated in preparing or trying the case and the judge knew of it; the official PDF marks the answer overruled or…
Did Canon 6C require a part-time municipal judge to file an economic-interest disclosure?
The Commission said part-time municipal judges were exempt from Canon 6C, but it did not interpret any separate filing duty under Alabama’s Ethics Law.
May a part-time Commonwealth's Attorney in a small county also serve as counsel for the county's Public Service Authority and Industrial Development Authority?
The committee concluded it is not ethically improper for the Commonwealth's Attorney of a county under 15,000 inhabitants to also serve as counsel for the county's Public Service Authority and…
When a lawyer closes a practice, can the lawyer destroy the files of clients who do not respond to a notice letter after 90 days?
The opinion concluded that a lawyer disposing of client files must make a diligent attempt to contact all clients, may not automatically destroy files after 90 days, and must individually review the…
Can a full-time state-employed lawyer represent private clients in lawsuits against the State and collect fees from the State on top of a salary?
LEI 80-4 concluded that where a state-employed lawyer has no statutory, constitutional, or contractual duty to represent the State, there is no per se conflict under DR 5-105(B), but a full-time…
Can a West Virginia law firm turn its overdue client accounts over to a collection agency to collect unpaid fees?
LEI 80-1 answered no. Although DR 4-101(C)(4) lets a lawyer reveal the minimum client information needed to collect a fee, the Committee concluded that injecting a collection agency into the…
When a law firm has lobbied for one client, can it switch sides and lobby for an opposing interest group, and how broadly does the former-client conflict reach?
The opinion concluded that lobbying by a lawyer is the practice of law and is governed by the former-client conflict rule (Bar Rule 3.4(e)), but that the bar reaches only particular legislative…
Can one lawyer represent both the driver and the injured passengers (here, a married couple and their deceased child's estate) in a car-accident suit when the driver has been brought in as a third-party defendant?
The opinion concluded no. Maine Bar Rules 3.4(b) and (c) bar multiple representation where the lawyer would represent differing interests or where independent judgment for one client is likely to be…
If a court orders a lawyer to reveal a client's confidential whereabouts, does complying violate the duty to preserve client confidences?
The opinion concluded no. Maine Bar Rule 3.6(l)(1) expressly excepts disclosures required by a court order from the duty to preserve client confidences, so a valid court order requiring the attorney…
When a former government lawyer enters private practice, which prior matters is the lawyer barred from, and is the new firm automatically disqualified too?
The opinion concluded that the former government lawyer is personally barred only from matters in which he held 'substantial and relevant responsibility,' adopting ABA Formal Opinion 342's narrow…
Can a lawyer act as both attorney and title insurance agent for a client, and keep the insurance sales commission on top of charging for the title search?
The opinion concluded that a lawyer may serve in the dual capacity of title insurance agent and attorney, but only with complete disclosure of the financial relationship and written consent,…
In a class action where the defendant pays the plaintiffs' statutory attorney's fees, can plaintiffs' counsel negotiate those fees with the defendant before the underlying case is settled?
The opinion concluded no. Because the client and the attorney have competing interests in dividing a settlement fund, plaintiffs' counsel must abstain from any fee discussions with the defendant…
If a lawyer serves as a county's attorney, can the lawyer's firm represent land developers, contractors, or other private clients whose matters come before the county?
No, generally. Adopting the New Jersey Rule from In Re: A. & B. and In Re: Dolan, the opinion concluded a firm whose member serves as county attorney is disqualified from representing land…
After Bates, can a New Jersey lawyer send letters advertising legal services to businesses and the public with whom the lawyer has no prior relationship?
Yes, within limits. The opinion concluded that simple letters advertising the availability of legal services, addressed generally to a segment of the population the lawyer does not personally know,…
Can a part-time municipal prosecutor defend private clients on charges from other jurisdictions that are tried in the same court where the prosecutor tries the municipality's ordinance cases?
The opinion concluded that the 'same court' is not itself a barrier. It found Memo Opinion 5/65, which had imposed a same-court restriction, contrary to Opinions E-76-12 and E-81-3, reaffirmed those…
Can a lawyer keep all firm and client funds in a single trust account if a computer accounting system tracks them as two separate accounts?
The opinion concluded that a single pooled account does not satisfy the trust-account rule, which requires a physically separate bank account for client funds; computer accounting distinctions do…
Can a part-time town attorney who prosecutes ordinance violations defend clients in prosecutions brought by other municipalities?
The opinion concluded that a part-time town attorney may defend a private client against an ordinance prosecution brought by a different town, within limits, as long as the attorney had assumed no…
Can a deputy city attorney who negotiates and monitors the city's insurance carrier contract also sit on that carrier's board of directors?
The opinion concluded that it would be improper. A deputy city attorney who represents the city in contract negotiations with its insurance carrier and monitors the carrier's performance cannot…
May a Nebraska lawyer list practice areas in a telephone directory's Yellow Pages?
Yes under the 1981 opinion, if the lawyer or firm actually practiced or was qualified to practice in each listed field and the listing did not imply certification as a specialist.
May a Nebraska county attorney, deputy, or firm represent a liquor licensee in a suspension or revocation proceeding?
No. The opinion treated the state as the county attorney's primary client, found the licensee directly adverse to that client, imputed the conflict to the firm, and found no available public consent.
May a Nebraska county attorney, deputy, or firm represent a private claimant suing the state under the State Tort Claims Act?
No. The opinion found that the county attorney's continuing duty to represent the state conflicted with a private claim against it and barred the county attorney, deputies, and firm.
May a Nebraska county attorney serve as an estate's personal representative or private counsel in an inheritance-tax determination?
Yes under the opinion if private practice was allowed and the county board appointed a special county attorney to represent the county and state in the inheritance-tax proceeding.
May a Nebraska lawyer serving as personal representative receive that compensation while the lawyer's firm is paid for estate legal services?
Yes under the opinion, provided the combined compensation for the personal-representative work and the firm's legal services was not excessive in light of both services.
Could a Nebraska lawyer accept credit cards and include a payment-option notice with an existing client's bill?
Yes under the 1981 opinion's conditions. A simple notice could accompany a bill for completed services, but Opinion 95-4 later removed or replaced several of those conditions.
Could a Nebraska lawyer offer services through a parochial school newsletter and donate the resulting fees to the school's building fund?
No under the 1981 opinion. Donating fees back to the recommending school was value for referrals and could impair independence, particularly for wills involving gifts to the school or church.
Under this superseded Nebraska opinion, could a lawyer accept savings-and-loan referrals to provide depositors with free wills?
The 1981 opinion said no because the free service gave the institution value for referrals, but Opinion 87-2 withdrew and superseded that conclusion.
Under Vermont's 1981 Code, could a lawyer mail a fee schedule directly to a class of prospective clients?
Opinion 81-12 held that a direct fee-schedule mailing fell outside the former Code's permitted written commercial advertising media and would violate DR 2-103(A)'s solicitation restriction.
Could an insurance-company lawyer help an insured's private lawyer create an estate plan involving insurance if the client consented?
No. Salary and premium-based compensation created divided loyalty between selling insurance and designing the client's best plan, and the opinion treated the conflict as not curable by disclosure…
Can a lawyer buy warrants or stock from a corporate client whose public stock offering the lawyer is handling?
The committee concluded that a lawyer's purchase of warrants issued by a corporate client to fund a public offering the lawyer is advising on is not in itself a violation, because the rule barring a…
Could a corporation's director and lawyer also serve as executor and co-trustee of its deceased majority shareholder's estate?
Opinion 81-11 found only limited circumstances in which the lawyer could hold both estate and corporate roles. Litigation or a dispute between the estate and corporation, especially one involving…
Could a Nebraska lawyer solicit estate-planning clients through insurance agents or avoid solicitation rules by delegating document drafting?
No. The lawyer could not solicit through agents or other lawyers, and continuing to give tax and legal implementation advice remained legal practice even if drafting was delegated or the lawyer was…
Must a law practice that has incorporated as a professional corporation tell clients and courts about that status?
The committee concluded that a sole practitioner who employs others, or a firm, that has incorporated as a professional corporation should disclose that status, because the corporate form limits…
Could a former judge prosecute a case after presiding over an earlier inquest at which the defendant did not testify?
Opinion 81-10 found no ethical bar to the assistant attorney general's participation if he was not personally biased against the defendant. The committee did not decide whether the result would…
May a Nebraska lawyer sue a nonprofit organization in which the lawyer is only a dues-paying member?
Yes under the stated facts, if the lawyer had no governing or decision-making role, no confidential relationship or personal liability, and made full disclosure and obtained express consent from…
Could a Vermont lawyer practice law while also working as a real estate broker in the same building?
Opinion 81-09 allowed the lawyer to practice both professions subject to former DR 2-102(E), which restricted identifying both businesses on the lawyer's letterhead, office sign, or professional…
Could assistant attorneys general represent opposing Vermont agencies in the same dispute?
Opinion 81-08 concluded that assistant attorneys general could not represent opposing state agencies in a dispute unless the multiple representation met DR 5-105(C). The committee treated the…
Could a town attorney's firm represent private clients before town boards or in cases involving town police?
Opinion 81-07 barred the firm from representing private clients before the town's boards and in criminal cases involving its police department. The committee treated the town engagement as…
Could a town justice of the peace represent landowners suing the same town over a road built on their property?
Opinion 81-06 permitted the representation because the justice of the peace's town duties did not affect the landowners' suit, and the opinion found no use of public office for special advantage.
Could a Vermont firm advertise that it had hired a law clerk?
Opinion 81-05 allowed a newspaper notice and cards announcing a firm's law clerk because the proposed messages made clear that the clerk was not an attorney.
Could a firm defend a lease dispute after hiring a lawyer from the firm that drafted the lease for the plaintiff?
Opinion 81-04 allowed the defense only on the stated facts that the incoming lawyer had no contact with or information about the former firm's client and would take no part in the case. If the…
Could a plaintiff's lawyer also handle the insured defense of a counterclaim against that plaintiff?
Opinion 81-03 allowed the lawyer to represent the plaintiff on both the claim and counterclaim while the plaintiff's interests and insurer's interests did not diverge. If those interests differed,…
Could a partnership's former lawyer represent two partners in dissolution talks with a withdrawing third partner?
Opinion 81-02 allowed representation of the two remaining partners on the stated assumptions that the lawyer had no partnership information usable against the third and their interests in pending…
What did Vermont's former Code require when a criminal lawyer learned client statements used in a case disposition were false?
Opinion 81-01 preserves confidential client-supplied information, but requires a call for correction and, if refused, disclosure when independent information clearly establishes intentional client…
Can a lawyer take a case against a former one-time client in a totally unrelated matter that does not involve the former client's confidences?
The opinion concluded it is not per se a conflict to represent a client adverse to a former ad hoc client in a wholly unrelated matter that does not involve the former client's confidences or…
Can a lawyer advertise a tax LLM and a field of concentration, and send referral-availability letters to other lawyers, but not to nonlawyer referral sources?
The opinion concluded a lawyer may state his degree and field of concentration in public advertising and on stationery, and may send referral-availability letters to lawyers in and outside Illinois,…
Can a part-time city attorney who prosecutes ordinance violations, or his firm, defend people charged with crimes committed within the city?
The opinion concluded a part-time salaried city attorney who prosecutes ordinance violations and advises the police may not defend persons charged by the State's Attorney for offenses within the…
Can a lawyer licensed in Illinois but living out of state open an Illinois office run by a paralegal?
The opinion concluded a non-resident Illinois-licensed lawyer may open an Illinois office staffed by a paralegal, where the lawyer spends time there, supervises the nonlawyer's delegated work,…
Can a lawyer advertise practice in a field even though his name closely resembles a better-known lawyer in the same field?
The opinion concluded a lawyer may advertise availability in a field even though his name is confusingly similar to a more experienced lawyer in the same field, so long as the advertising is not…
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.