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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May a Maryland judge write an unpaid introduction recommending an alcoholism book to judges and other professionals?
Yes. On the described facts, the Committee concluded that the introduction was not barred by the then-cited prohibition on using judicial prestige to promote a business or charity.
What could an incumbent judge say about litigation while campaigning for judicial office?
The Commission permitted general references to court records, statistics, and procedures, while barring pending-case comments and advance rulings and generally discouraging comment on cases the…
Could an incumbent judge explain criminal rulings and sentences during a campaign?
The Commission allowed general references to court records, statistics, and procedures but said a judge should usually refrain from commenting on specific cases and could not comment on pending…
Can a Kentucky lawyer sue a client to collect an unpaid fee, or bring theft-of-services criminal charges for nonpayment?
Qualified yes to both. A lawyer may sue for a fee where needed to prevent fraud or gross imposition, after written demand and considering fee arbitration; criminal theft-of-services charges are…
Can a lawyer knowingly file a lawsuit in a court the lawyer knows has no jurisdiction over the case?
No. Knowingly filing suit in a court that lacks jurisdiction misleads the judge and violates the rule against filing to harass or advancing claims unwarranted under existing law; honest mistakes…
Could a judge write bar commissioners in support of a disbarred lawyer’s reinstatement?
The Commission said the amended Canon 2 commentary permitted the letter if the lawyer would not ordinarily appear before the judge. The official PDF marks the opinion overruled at least in part by 86-269.
Could an inactive retired circuit judge practice law under the 1980 Alabama Canons?
Yes. The Commission said an inactive retired judge was exempt from the Canons, but part-time active service on a nonmunicipal court would trigger Canon 5F’s practice prohibition.
Could the parties’ on-record consent remit disqualification when a party’s law partner represented the judge elsewhere?
No. The Commission said the described impartiality-based disqualification arose under general Canon 3C(l), while Canon 3D remittal applied only to Canon 3C(l)(c) and (d).
Must a lawyer report an adverse party's perjury committed in an earlier case the lawyer had no part in, when reporting would hurt the lawyer's client?
The opinion concluded that a lawyer need not report a non-client's perjury committed in a prior proceeding in which the lawyer's services were not employed, and need not report it where disclosure…
Did the Judicial Inquiry Commission have jurisdiction over a nonjudge candidate for judicial office?
No. The Commission said Canon 7C placed such a candidate under the Alabama Supreme Court’s original jurisdiction; it left questions about an incumbent judge’s campaign response for further study.
May a domestic relations attorney keep deposition copies whose costs the attorney advanced until the discharged client pays, and when is advancing those costs proper?
The committee concluded an attorney may retain deposition copies for which costs were advanced, pending payment after discharge, if retention does not prejudice the client and the client is not…
Did Opinion 80-81 decide whether a part-time municipal judge could also serve on the same city’s council?
No final answer on concurrent service was given. The Commission recalled Opinion 78-47’s constitutional exemption for part-time municipal judges and directed the remaining non-Canon questions to…
Can a lawyer advise a client to refuse a police breathalyzer test?
The opinion concluded that a lawyer may advise a client to refuse a breathalyzer test, because under New York law refusing is not itself criminal, the resulting license revocation is a civil…
Can a developer's attorney use a sale contract that makes the buyer reimburse a flat fee for the developer's legal work, including title review and closing documents?
No. The opinion concluded the clause was improper because its broad references to title review and preparation of closing documents are likely to mislead buyers into thinking that work was done for…
Could a district judge chair the board of a regional council on alcohol?
The Commission said Canon 5B allowed service as an officer of an educational, charitable, or civic organization, subject to its limits and provided the role did not affect impartiality or judicial duties.
Could a district judge be paid to referee or umpire local sports games?
Yes, if the activity did not interfere with judicial duties, impair impartiality, or exploit judicial office. The Commission said judicial duties had to take precedence.
Could an Alabama district judge run for district attorney without resigning the judgeship?
No. The Commission said district attorney was a nonjudicial office under Canon 7A(2), so the judge had to resign upon becoming a candidate.
Did the 1980 opinion require recusal whenever a judge’s brother or his firm represented a party?
Yes. Opinion 80-76 required recusal even when only a member of the brother’s firm appeared, and the official PDF marks the opinion overruled or modified by 88-338.
May a lawyer take a mortgage or security interest in a client's property that is the subject of the litigation to secure payment of the lawyer's fee?
Yes. The committee concluded that a mortgage or security interest taken only to secure a reasonable fee is a legally permissible lien, not a prohibited 'proprietary interest' under DR 5-103(A)(1),…
May a lawyer take a mortgage or security interest in a client's property that is the subject of the litigation to secure payment of the lawyer's fee?
Yes. The committee concluded that a mortgage or security interest taken only to secure a reasonable fee is a legally permissible lien, not a prohibited 'proprietary interest' under DR 5-103(A)(1),…
Can a New Jersey lawyer participate in a bar-sponsored plan that finances clients' legal fees through a bank?
Yes. The opinion reversed earlier opinions that had condemned fee-financing as commercializing the practice, and approved attorney participation in the State Bar Foundation's plan, finding no…
Can a New Jersey lawyer disburse from a trust account the same day a client's check is deposited, before it has cleared?
Only for real estate or commercial closings and only against bank, certified, or cashier's checks, whose risk of non-clearance is negligible. Drawing against uncleared personal checks, or against…
Can a legal-services organization's board review client eligibility, and can a board member's firm represent parties adverse to the organization's clients?
The opinion concluded the ALSC Board of Directors may review client eligibility determinations so long as no information protected by the attorney-client privilege is disclosed (eligibility data is…
After a client discharges a lawyer, can the lawyer keep certain items from the file rather than turn them over to the client?
Mostly no. The client is entitled to what was paid for and what the client delivered, and to anything reasonably useful; the lawyer may retain genuine work product but should not withhold useful…
Can a lawyer take fees owed from an earlier unrelated case out of a client's judgment or settlement funds in the lawyer's trust account?
Only with a written agreement. Absent a written contract authorizing the offset with full disclosure, fees from an unrelated matter are disputed funds the lawyer may not withdraw; the client's funds…
Can the lawyer who drafted a will represent the estate in a will contest and also testify about the testator's competency or undue influence?
Yes. The drafting lawyer may represent the beneficiaries and executor and testify about the testator's competency or undue influence, and a partner or associate may serve as trial counsel in the contest.
Did winning a store prize in a random drawing disqualify the judge from a later case involving the store?
No. The Commission said a judge who received a prize awarded by random drawing was not disqualified from later proceedings in which the prize donor was a party.
Did a judge need to recuse when a party’s lawyer was representing the judge in a separate lawsuit?
Yes. The Commission required disqualification while the lawyer represented the judge in another court; it said Canon 3C no longer required it after that litigation ended.
Can a lawyer who holds a deceased client's original will contact the executor or beneficiaries to tell them he has it?
The opinion concluded that a lawyer holding a deceased client's will may notify the executor or beneficiaries that he has it, but may not suggest he be retained for the estate and, if asked, must…
Can a New Jersey lawyer who is also a CPA list that credential, or advertise as 'Financial,' in a yellow-pages directory listing?
No. A lawyer may not indicate CPA membership in a directory advertisement, and the bare designation 'Financial' is misleading and ambiguous because it does not identify any field of law practice;…
Can a New Jersey lawyer be a municipal prosecutor while a law partner serves as planning board attorney in the same town?
No. A municipal prosecutor is a municipal attorney, and because a conflict bars dual representation of two public bodies in one municipality, what one partner may not do the other partner and the…
Can a part-time judge with criminal jurisdiction represent private clients in criminal matters?
The opinion concluded that a part-time judge may engage in private criminal practice to the extent the Rules of the Chief Administrator allow, overtaking the committee's earlier flat ban, because…
May friends establish a blind trust to pay a Maryland judge’s defense counsel after an indictment?
The Committee permitted the trust as described, with the judge unaware of donors and amounts, while warning against any appearance that judicial office was used to induce contributions.
Did a judge’s daughter working as a teacher require recusal from every case involving her school board?
No. The Commission found no conflict from her employment alone; its exception was a proceeding in which the daughter had a direct interest.
Does a lawyer violate the rule against limiting malpractice liability by denying that he made an error and refusing to correct it?
The opinion concluded no. Rule 3.6(b), which bars a lawyer from attempting to exonerate or limit his liability to a client for malpractice, is not violated when an attorney takes the position that…
If a husband consults a lawyer about divorcing his wife, not knowing that the lawyer's associate already represents the wife, must the wife's lawyer withdraw?
The opinion concluded yes. A prospective client who consults a lawyer for advice is a 'client' for the confidentiality rule (Rule 3.6(l)) even if the lawyer later declines the case, so the associate…
Can a District Attorney defend county officers in a prisoner's civil rights suit while also prosecuting that same prisoner in a criminal case?
The opinion concluded no. A District Attorney may not represent the County Sheriff and a County Commissioner as defendants in a prisoner's civil rights action while simultaneously prosecuting that…
In a residential mortgage closing, who is the lawyer's client, and can one lawyer represent both the bank and the borrower on a title examination and loan documents?
The opinion concluded that the client's identity is set by the parties' agreement, and the borrower's payment of the fee does not by itself make the borrower the client (Rule 3.6(h)). The Commission…
Can a lawyer charge a contingent fee for enforcing a divorce judgment, based on the alimony or child support arrearage recovered?
The Commission declined to answer, because the question turns on a point of law (how to construe 19 M.R.S.A. section 722) rather than on interpreting the Maine Bar Rules. Rule 8(c) bars contingent…
Can a lawyer charge a contingent fee in a divorce based on the size of the property settlement obtained for the client?
The opinion concluded no. Maine Bar Rule 8(c)(2) specifically prohibits a contingent fee agreement in respect of procuring a divorce, and that bar applies even when the fee is tied to the property…
Does a certified legal intern need the client's written consent before representing the client on appeal?
The opinion concluded that a certified intern must obtain the client's written consent before representing the client on appeal, though initial trial-level consent may be drafted to extend to the…
Could a judge explain criminal and juvenile justice laws in a press interview?
Yes. The Commission said an interview explaining those systems did not violate Canon 4 so long as it did not cast doubt on the judge’s ability to decide cases impartially.
Could a retired judge sell jointly owned law books to a county law library?
The Commission found no Canon violation for a retired judge, but said the sale remained prohibited if the judge was on active status. It declined to interpret the cited statute.
Did the Commission’s March 1980 answer permit a judge to support a disbarred lawyer’s reinstatement by letter?
No. Opinion 80-70 treated the letter as prohibited voluntary character testimony under Canon 2C. Opinion 80-84 later overruled that answer after a Canon amendment.
May a Colorado lawyer condition settlement of a malpractice action on the claimant withdrawing a disciplinary grievance against the defendant lawyer?
The opinion concluded that defense counsel may not condition a civil malpractice settlement on withdrawal of a grievance against the lawyer-client. Its 1998 addendum permitted resolution of related…
Can an insurance company's salaried staff lawyer defend an insured the company is denying coverage to?
The opinion concluded that once the carrier persists in disclaiming coverage, its staff lawyer may not defend the insured or handle a coverage declaratory-judgment action, because the conflict is so…
Can a part-time county public defender sue the county that employs him on behalf of private clients?
The opinion concluded that a part-time county public defender may represent private clients in civil litigation against the county, because his clients are indigent defendants rather than the…
May an attorney handle a suit to recover child support arrearages or to determine future support rights on a contingent fee basis?
The committee concluded it would be ethically improper to accept a suit to recover child support arrearages or to determine future support rights on a contingent fee basis. Decided under Virginia's…
Can a lawyer display a decal or insignia in the office showing membership in a legal services plan?
Qualified yes. A lawyer may display a decal or insignia indicating membership in a legal services plan in the office or reception area, provided the display is tactful and dignified.
Can a lawyer who represents a Fraternal Order of Police lodge and its officers also defend criminal cases in the same jurisdiction?
No. Defending criminal cases requires zealously attacking police testimony, which conflicts with the lawyer's loyalty to the police officers and the FOP the lawyer represents in the same jurisdiction.
Can a New Jersey planning board attorney resign, represent a private client before that board, and then return to the board attorney post?
A planning board attorney may not represent a group with business before the board while in office; the Committee declined to rule on whether the later reappointment was legal but strongly…
Can one lawyer represent a wife in her divorce and also represent, in a separate matrimonial case, the husband of the woman she names as the other party?
The opinion concluded that a lawyer may not simultaneously represent the wife in a divorce and the co-respondent's husband in a separate matrimonial proceeding, because their interests differ in too…
Was a part-time municipal judge disqualified from a misdemeanor case because a lawyer whose partner was co-counsel with the judge in other cases represented the defendant?
No. On the circumstances described, the Commission found no reasonable question about the judge’s impartiality under Canon 3C.
Could a Michigan judicial candidate use a 'strict sentencing philosophy' slogan in campaign advertising?
The opinion concluded that a judicial candidate could not use the slogan 'A strict sentencing philosophy!' in campaign literature, because standing alone it created an impression the candidate would…
Can a New Jersey lawyer sue a former client on behalf of that client's agent when the new matter is unrelated to the prior representation?
Yes, where the prior representation produced no confidential information prejudicial to the former client and the current dispute does not concern the matters earlier litigated; absent such…
Did the judge have to recuse when a first cousin’s spouse or a member of that lawyer’s firm represented a party?
Yes. The Commission placed the cousin’s spouse within the fourth degree by affinity and called for disqualification when that lawyer or another lawyer in the firm appeared; it said Canon 3D remittal…
Was recusal required when the judge’s son or another lawyer in his son’s firm represented a party?
Yes. The Commission required disqualification whether the son was a partner or salaried employee, and said the disqualification could be remitted under Canon 3D.
Can a part-time county legal assistant in New Jersey also serve as counsel to a municipal planning board in the same county?
No. Because the county planning board may disapprove a municipal board's plat as a matter of law, a conflict could arise between the two roles, so the same lawyer cannot hold both positions.
Can a New Jersey law firm that regularly prosecutes disorderly-persons cases for a private party in a municipal court also defend other defendants in that same court?
No. A firm that frequently and regularly prosecutes disorderly-persons offenses for and on behalf of the state or municipality under the court rules may not represent criminal defendants in that…
Can a New Jersey lawyer who is also a CPA put the CPA designation on the law-office letterhead?
No. The CPA designation is not a legal degree and advertises qualifications for a separate profession; DR 2-102(D) bars a lawyer who also practices another profession from indicating it on the letterhead.
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.