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 law firm professional corporation open a branch office under the name of an associate who has no equity in the firm?
The opinion concluded that a professional corporation may not name a branch office for an associate-employee who has no partner-like status, because using his name would be misleading under DR…
Can a New York lawyer who is also a CPA say so on the firm letterhead and professional cards?
The opinion concluded that a lawyer may state on a letterhead or professional card that he is licensed as a certified public accountant, because the post-Bates rules let a lawyer list truthful…
Can a New York lawyer run a real estate brokerage out of the same office as the law practice?
The opinion concluded that, after Bates, a lawyer may run a law practice and a real estate brokerage from the same office, but may not solicit legal work in violation of law and may not act as…
Could a judge send information in response to a public bar reinstatement notice and testify at the proceeding?
The Commission said the judge should furnish requested information to bar counsel, but Canon 2C barred testimony at the proceeding unless the judge was subpoenaed.
Did the 1978 opinion require a municipal judge to resign before running for nonjudicial office?
No. The Commission said the Alabama Constitution exempted municipal judges from the resignation restriction and controlled over Canon 7’s apparent contrary rule.
What must a West Virginia lawyer do after learning that the clients committed fraud on a tribunal through false income testimony?
LEI 78-19 concluded the lawyer should promptly withdraw from the representation and, if the clients refuse to rectify the fraud, reveal it to the affected tribunal. The Committee held that any…
If a third party (not the client) tries to bribe the complaining witness in a criminal case, must the appointed defense lawyer reveal it to the court?
LEI 78-15 concluded that a non-client third party's attempt to bribe the witness was not privileged information, and the lawyer, as an officer of the court, had to promptly reveal the resulting…
Can a city attorney defend a criminal case in which the city's own police brought the charges?
No. Once a lawyer serves as city attorney, the lawyer is excluded from defending criminal cases in which the city police bring the charges, in any court, because advising and representing the police…
Can a lawyer sign a real-estate title opinion when non-lawyers did the underlying title research?
Yes. A lawyer may sign a title opinion based on research and examination performed by others, including non-lawyers, provided the lawyer chooses and is reasonably sure of their integrity and…
Can a firm that represents a public-employee union also provide discounted legal services to the union's individual members under a referral program?
Yes, if the plan is registered with the Supreme Court and the organization does not infringe the lawyer's independent judgment (the member is the client). But the opinion repeated, as a general…
Can a West Virginia lawyer accept credit cards in payment for legal services, and may the lawyer display a credit-card emblem in the office?
Under LEI 78-16 (since rescinded), the Committee reported that a lawyer could not display a credit-card emblem or window decal in the office, deeming such display undignified and a form of improper…
Can a part-time DA or staff prosecute a defendant the DA and an assistant had defended in private practice?
The opinion concluded that a part-time DA and the assistant who had defended a person may not prosecute or oppose that former client, the whole small staff is disqualified, and the defendant's…
Can a judge-elect campaign for other political candidates before being sworn in?
The opinion concluded that a judge-elect may not campaign for other candidates, because the restrictions on a judge's political activity attach from election through induction and throughout the…
Can a part-time municipal judge or a city solicitor (or their law partners) represent criminal defendants in courts in the same county?
LEI 78-12 concluded that a municipal judge with criminal jurisdiction, and his partners and associates under DR 5-105(D), may not represent criminal defendants in the Circuit Court, and that a city…
Can a lawyer who shares office space with a part-time Commonwealth attorney handle criminal defense in district or circuit court?
No. The committee held a lawyer sharing office space with a part-time Commonwealth attorney could not practice criminal law in district or circuit court, treating the office-mate as an affiliate who…
Can an assistant county or Commonwealth attorney defend criminal cases in another county, and can a county attorney handle a zone-change matter in a different county?
No to defending criminal cases anywhere in the Commonwealth: the assistant stands in the prosecutor's shoes. Yes to representing a client in another county's zone-change request, a civil matter, so…
Can a law firm give an office manager or paralegal a firm business card showing the nonlawyer's name and contact information?
No. Only lawyers' names may appear on a firm's professional cards and letterheads, so a firm card may not list an office manager or paralegal. The opinion was later modified by KBA E-223.
Can a lawyer who is under retainer or contract to a city sue that city in an unrelated matter while still representing it?
No. A lawyer cannot serve two masters at once; continuing to be employed by the city while suing it, even in an unrelated matter, creates a conflict and an appearance of impropriety.
In a multi-state law firm, does every partner have to be admitted to the Kentucky Bar?
No. The committee answered that not every partner in a multi-state firm must be a member of the Kentucky Bar, deferring to its earlier opinion E-92 as the complete statement of the rules.
Can a group legal services plan collect a legal fee for handling a workers' compensation case for one of its members?
No, at least while a prepaid fee could become a debt against the claimant's estate, because the plan would then receive part of the consideration paid for legal services, which the governing rule forbids.
Can a lawyer who regularly represents a town's police officers, including the complaining-witness officer, defend a DUI defendant in that town's municipal court?
No. The opinion held it improper, because the lawyer had represented five of the municipality's police officers, including the complaining-witness officer (most recently weeks earlier, with the bill…
Could a judge passively sponsor a real estate company as its licensed broker while hiding the judge’s name from advertising?
No. The Commission found that a qualifying broker’s required constant supervisory availability conflicted with judicial duties under Canons 3 and 5C.
Could a judge, as a private citizen, ask the parole board to favor an inmate?
The Commission said such a request was prohibited voluntary character testimony under Canon 2C, while noting a statutory exception for the judge who presided at the inmate’s trial.
Did the Commission approve particular acts by a judge on the board of a partly owned corporation?
No particular acts were approved. The Commission said it could not answer questions about specific acts or activities and directed the judge to Canon 5’s limits on fiduciary and financial activities.
Did Canon 7 prevent an inactive retired judge from serving as master of ceremonies at a political rally?
No. The Commission said Canon 7 did not apply to retired judges on inactive status and therefore did not bar the described master-of-ceremonies role.
Could a judge hear a hospital negligence case after previously serving on the hospital’s board?
On the stated facts, the Commission found no Canon 3C violation if the judge had no personal knowledge of disputed facts and impartiality could not reasonably be questioned.
Can a lawyer share office space, staff, and a waiting room with a circuit judge before whom the lawyer appears?
No. Sharing an office and staff with a circuit judge before whom the lawyer practices creates an appearance of impropriety, suggesting the lawyer could obtain special favors for clients, and is barred.
Can a legal aid director make staff lawyers file case-specific status reports for a board that includes nonlawyers?
The opinion concluded that staff attorneys of a legal service organization should not be required to give the board case-specific status reports absent client consent, and even with consent the…
Can a lawyer on a legal aid board, or the lawyer's firm, defend someone the legal aid client is suing?
The opinion concluded that a lawyer-member of a legal service organization's board may not privately defend a person sued by one of the organization's indigent clients, and under the imputation rule…
If a foreign attorney collects a contingent fee above New Jersey's limit, calling the excess 'nonlitigation services,' what must the New Jersey local counsel of record do?
The opinion held the over-limit contingent fee violates R. 1:21-7(c), DR 2-106(A), and DR 1-102(A), even though the client was a lawyer who knew the rule; the local attorney of record is responsible…
Can a part-time municipal solicitor represent a developer operating in the municipality, or buyers and sellers of property there?
The opinion held the solicitor may not represent a developer operating in his municipality, even on unrelated property; he may handle an ordinary sale of a developed single-family house or of…
Can a lawyer offer his corporate clients a prepaid group legal-services plan to provide legal services to their employees?
No. The opinion held the proposed plan violates DR 2-103(C) and DR 2-103(D)(4)(b), treating it as solicitation under Ohralik rather than protected advertising under Bates.
Can a lawyer add a monthly finance charge or interest to overdue client fee accounts and print notice of it on billing statements?
Under LEI 78-7 (since rescinded by LEI 93-02), the Committee concluded it was improper for a lawyer to impose interest or finance charges on delinquent fee accounts and to print notice of those…
Can a lawyer whose LL.B. was converted to a J.D. list both degrees in advertising?
The opinion concluded that a lawyer whose LL.B. was replaced by a J.D. may publicize one degree but not both, because a graduate earned only one degree and listing both would be misleading puffery.
May a lawyer who serves as the trustee in a foreclosure act as advocate for the lender or the borrower at any stage of the proceeding?
The opinion concluded that the trustee/attorney cannot ethically act as advocate for either the lender or the borrower at any stage of the foreclosure, because as trustee he owes a fiduciary duty to…
Can a New York lawyer advertise years of experience in a particular area of practice?
The opinion concluded that, under the post-Bates rules, a lawyer may advertise a truthful number of years of experience in an accurately identified area of practice, provided the experience was…
After a lawyer certifies a title as clear of liens for one client, can the lawyer take on a second client to file a lien that predated that certification?
No. The lawyer may not accept the second client's employment, because asserting a lien that existed before the lawyer's own title certification to the first client conflicts with the work the lawyer…
May a Maryland judge keep a passive land investment shared with former law partners, one now a state’s attorney?
The Committee allowed the passive land interest but advised the judge to avoid cases in which the state’s attorney personally appeared or took more than a routine administrative role.
Could a circuit judge serve as a delegate to a national political party convention?
The Commission said Canon 7 strongly discouraged but did not prohibit that activity, and that Canon 7A(2)’s resignation rule concerned governmental office rather than party office.
Could a district judge sell real estate for a licensed broker despite a state ethics opinion allowing it?
No. The Commission said the state ethics body did not interpret judicial Canons and concluded the sales work would place the judge in conflict with Canon 5C.
What did the Commission say about a judge fundraising, campaigning, or contributing for a nonjudicial candidate?
It said Canon 7 discouraged many campaign activities without absolutely prohibiting them, treated contributions and private opinions differently, and made violations depend on the circumstances.
Can a lawyer disclose that a client has said they intend to commit suicide?
The opinion concluded that a lawyer may take appropriate steps, including disclosure, to prevent a client's suicide; where the disclosure of intent came in the course of the representation, the…
Can Legal Aid lawyers share client confidences with an outside research group without client consent?
The opinion concluded that Legal Aid lawyers may not divulge clients' confidences or secrets to a not-for-profit research organization without the clients' informed consent, even for a study meant…
If one lawyer in a public defender's office withdraws from representing a co-defendant because of a conflict, may another lawyer from the same office take over the representation?
No. The committee concluded that a public defender's office is to be treated as a law firm or association under DR 5-105(D), so when one assistant public defender must withdraw from representing…
May an Oklahoma lawyer employ a suspended or disbarred former lawyer in the law office, and what duties may that person perform?
Yes, with strict limits. The committee concluded that it is not ethically improper or illegal for a licensed attorney to employ a suspended or disbarred former lawyer in the law office, but that…
Did the Canons prevent a judge from accepting an offered honorarium for performing a marriage ceremony?
No. The Commission answered that the Canons did not prohibit accepting an offered honorarium for performing a marriage ceremony.
Could a district courtroom use a circuit-wide television and recording plan without its own approval?
No. The Commission said Canons 3A(7) and (7)(a) required an approved plan specific to each courtroom where television, radio, recording, or photography would occur.
Did Canon 7 prohibit a judge from contributing to a political candidate?
No. In the second answer of the shared letter, the Commission said Canon 7 did not prohibit campaign contributions by judges.
Could a judge be a dues-paying honorary member of the Fraternal Order of Police?
The Commission said that membership would reflect adversely on judicial impartiality under Canon 5B because police officers frequently appeared as witnesses in court.
Can a lawyer who sits on a town zoning board represent private clients before other town agencies?
The opinion concluded that there is no per se bar: a lawyer-member of a town Zoning Board of Appeals, and the lawyer's firm, may represent private clients before other town agencies in matters…
Can a lawyer sue opposing counsel for defamation while still handling the case where it happened?
The opinion concluded that a lawyer should be extremely reluctant to sue opposing counsel for defamation that occurred in pending litigation, and in the rare case where such a suit is warranted…
Can a county attorney who represents the county commission also represent an individual commissioner charged before the state ethics commission?
The opinion concluded a county attorney who by contract represents the county commission, not its individual members, may not represent an individual commissioner before the Florida Ethics…
May a Maryland judge serve on a private college board and participate in its fundraising?
The Committee permitted board service but said the judge should neither participate in college fundraising nor allow the judge’s name to be used for it.
May a Maryland judge seeking election buy tickets to other candidates’ fundraising dinners?
Yes, if the judge is an immediate candidate and believes attendance and the admission payment will promote the judge’s own candidacy, the Committee concluded under its then-cited election exception.
Does serving on a county's nonpaying advisory board bar a lawyer from criminal defense, appearing before county boards, or suing the county?
No. The opinion held that serving on a nonpaying, advisory county board with no binding authority does not prohibit the attorney from defending criminal matters, appearing before county boards or…
Can a law firm that moved offices announce the new location to the public through a newspaper advertisement?
Yes. Following Bates v. State Bar of Arizona, the committee concluded that limited, accurate, non-misleading advertising of routine information such as an office move is permitted.
Can a Kentucky county judge/executive practice criminal law as a special prosecutor or defense attorney in that county's courts?
Qualified yes. After the statute regulating county judges' law practice was repealed, the office is treated like any other county office; the practice is permissible so long as it does not conflict…
Can a lawyer who serves as a part-time domestic relations trial commissioner also represent private clients in domestic relations cases in the same circuit?
No. A trial commissioner is a judicial officer, and combining that role with private advocacy in domestic relations matters in the same circuit creates an appearance of impropriety barred by Canon 9…
Can a Florida law firm keep deceased partners on its letterhead and note its former firm name after merging with a sole practitioner?
The opinion concluded the merged firm may continue to list the deceased partners (showing the fact and date of death) and may also state the firm's former name, because in this situation it would…
Can a lawyer become part-time town attorney while the firm represents a client suing the town?
The opinion concluded that a lawyer may accept appointment as part-time town attorney while the firm represents a client in litigation involving the town only if the town retains independent counsel…
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.