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 North Carolina lawyer offer clients on-site access to a financial brokerage company that finances legal fees?
Yes, under conditions. A lawyer may offer on-site access to a fee-financing broker as one payment option if the arrangement is legal, the lawyer receives no consideration from the company, and the…
Was an appellate judge disqualified when a different office of the judge’s former large firm represented a party in the same matter while the judge worked there?
Yes. Canon 3C(1)(b) required disqualification even though the judge had no personal knowledge of the matter and the firm’s lawyers worked in another office.
Does a lawyer have to tell a client about the lawyer's own mistake, and does that duty reach former clients?
The opinion concludes that Rule 1.4 requires a lawyer to tell a current client about a material error, meaning one a disinterested lawyer would find reasonably likely to harm the client or serious…
If a lawyer is both the child's attorney and guardian ad litem in a termination of parental rights case, can the lawyer argue for termination over the child's objection?
No. When the child's wishes and the lawyer's view of the child's best interests irreconcilably conflict, the lawyer must petition to withdraw from the guardian ad litem role and continue as the…
What are a New York prosecutor's ethical duties when evidence surfaces after conviction suggesting a defendant may be innocent?
Rule 3.8(c) sets a minimum duty when a prosecutor knows of new, credible, material evidence creating a reasonable likelihood a convicted defendant did not commit the offense. The opinion concludes…
May a part-time probate judge serve on a local electric cooperative’s election and credentials committee?
The committee said the described service was permitted under Rules 21-301 and 21-103. The part-time judge’s limited probate jurisdiction mattered, though circumstances triggering Rule 21-301’s…
Can a government lawyer who pays union dues as an agency-shop member prosecute discipline cases against employees that union represents?
Yes, unless in a given matter a reasonable lawyer would find a significant risk that agency-shop status would impair the lawyer's judgment for the agency. If such a risk exists, the lawyer may still…
May an Indiana lawyer join an online legal referral service that charges a marketing fee each time the lawyer completes a fixed-fee service?
The opinion warns that these arrangements can violate multiple Indiana ethics rules. A per-service marketing charge may be impermissible fee sharing or a referral fee, while company control over…
May a sitting judge campaigning for election attend a fundraiser for a domestic violence program used in court cases?
A majority in West Virginia JIC Opinion 2018-06 rejects attendance at the specified program’s fundraising event, citing its recurrent connection to cases before the court and impartiality rules.
May a Maryland District Court commissioner drive for a rideshare company outside court work?
Maryland Judicial Ethics Opinion 2018-03 says a commissioner may not drive for a rideshare company as an employee or independent contractor because the private business relationship, passenger…
Can a former county social-services lawyer go into private practice and oppose that same agency, including in support-enforcement cases?
Yes, unless the lawyer was personally and substantially involved in, or holds confidential information about, the same specific matter while in government service. Rule 1.11(a)'s narrow same-matter…
After a consultation that does not lead to representation, does a D.C. lawyer have to keep or hand over the notes, research, and information from the prospective client meeting?
The opinion concludes that a D.C. lawyer must protect a prospective client's confidences and secrets under Rules 1.18 and 1.6, and must safeguard and return any property the prospective client…
Can a lawyer admitted only in another state use 'Esq.' in New York and call themselves a lawyer when doing pro bono immigration work here?
Yes, with care. A lawyer not admitted in New York may use 'Esq.' on a non-legal-job business card if the card does not suggest the person practices law in New York, and may call themselves a lawyer…
Can a lawyer agree to be paid for a client's criminal defense out of the client's personal injury recovery in another matter the same firm handles?
Yes, if the lawyer complies with Rule 1.8(a). Securing hourly criminal fees against a personal injury recovery is a permitted Rule 1.8(i) contract lien, but it is a business transaction creating…
Can a Kentucky government agency's lawyer answer questions from the public about the agency's rules without crossing into giving legal advice?
Qualified yes. With the agency's consent, an agency lawyer may give a non-client general information about the agency's procedures, rules, and options, but may not advise which option to choose, and…
Does a Tennessee prosecutor's ethical duty to disclose favorable evidence to the defense go beyond the constitutional Brady obligation?
Formal Ethics Opinion 2017-F-163, since vacated by the Tennessee Supreme Court, concluded that a prosecutor's ethical duty under RPC 3.8(d) to disclose information favorable to the defense is…
What are the ethics rules for Colorado lawyers who share office space or use a virtual office, especially around conflicts, client confidences, and firm names?
The opinion concludes that office-sharing and virtual-office lawyers may share space but must avoid being treated as one 'firm' for imputed-conflict purposes (or get informed written consent), must…
Can a New York lawyer take protective action and disclose confidential information for a prospective client who has seriously diminished capacity?
Yes. The opinion concludes a lawyer may take reasonably necessary protective action when a prospective client has seriously diminished capacity, cannot act in their own interest, and risks…
Can a Tennessee lawyer participate in an online marketplace where clients post legal projects and lawyers submit fee quotes, without it being an improper referral service?
Formal Ethics Opinion 2018-F-165 concludes that a legal marketplace website where clients post projects and lawyers submit fee quotes is not an intermediary organization (lawyer referral service)…
Could an Illinois judge who was not a candidate serve on a party slating panel or handle another candidate’s nominating petition?
The Committee barred service on the slating panel and circulation of another candidate’s petition, but allowed signing a standard petition for ballot access.
Can a lawyer represent a client in a lawsuit financed by a litigation-funding company in which the lawyer is an investor?
No. Even with disclosure and consent, the lawyer's investment routes financial assistance to the client and gives the lawyer a proprietary interest in the claim, violating Rules 1.8(e) and 1.8(i);…
Can a lawyer blog or post about a client's case if the details are already in the public record?
No, not without consent. The opinion concludes that the confidentiality duty in Rule 1.6 covers all information relating to a representation, including information in a public record, so a lawyer…
Does a nonjudge judicial candidate violate the Code by giving campaign literature to customers at a private business?
The committee saw no Code violation on the stated facts. It said the Code permits campaign literature through any medium and did not identify a law barring distribution at the candidate’s private…
If a plaintiffs' lawyer writes to a defendant company's other employees describing the lawsuit and saying similarly situated employees may have claims, but frames it as gathering information, is that a regulated direct-mail solicitation?
Per the Committee, a communication that purports to seek information may still be a written solicitation subject to Rule 7.05(b) if it is made with the intent to obtain professional employment…
To set up a Rule 202 pre-suit deposition of an anonymous online defamer, can a lawyer (or the lawyer's investigator) contact that person anonymously to get jurisdictional or identifying information?
Per the Committee, no; a lawyer and the lawyer's agents may not anonymously contact an anonymous online person to obtain jurisdictional or identifying information, because failing to reveal their…
When I leave my law firm, can I copy and keep my clients' documents (for example to reuse as forms) even when the client isn't following me to the new firm?
Per the Committee, a departing lawyer may, at the lawyer's own expense, copy and retain documents from matters the lawyer personally handled (no prior-firm or client consent needed if responsive to…
If an insured stops cooperating in the defense the insurer is paying for, can the insurer-retained lawyer tell the insurance company about the non-cooperation when withdrawing?
Per the Committee, the lawyer may withdraw for the insured's failure to cooperate (Rule 1.15(b)), but the non-cooperation is the insured's confidential information; absent the insured's consent the…
Can a lawyer file an affidavit to disqualify a judge based on the judge's reputation, weigh the effect on the lawyer's own practice, and must the lawyer tell the client about the option?
A lawyer may file an affidavit for change of judge only if the lawyer can truthfully state both that the client cannot get a fair trial before the judge and that the motion is in good faith and not…
May a retired judge serving part time as judge pro tempore also mediate, practice law, or hear agency matters?
The committee said those activities are generally permitted for the described judge pro tempore, subject to the Code’s limits. Law practice cannot occur in the court served or a related proceeding,…
May an out-of-state lawyer with no Connecticut presence remotely advise a Connecticut client only about federal law?
Yes, on the facts presented. The client's Connecticut location alone did not make the work practice in Connecticut, and federal-law advice also fit the cited Rule 5.5 and Practice Book safe harbors.
How long must a retiring Connecticut lawyer retain closed client files, including files from appointments representing minors?
Connecticut's Rules set seven years for records of client funds and property but no fixed period for general client files. The lawyer must identify critical documents, return or safeguard them, and…
When may a Colorado lawyer jointly represent multiple clients in the same matter, and what must the clients be told?
Joint representation is permitted only when any concurrent conflict is consentable and each affected client gives informed consent confirmed in writing. The opinion requires attention to loyalty,…
My client, a widow, refuses to bring the wrongful-death suit and tells me not to inform her children about the claim. What are my ethical obligations?
The panel concluded the client has ultimate authority over whether to pursue the wrongful-death claim, so the lawyers must abide by her decision not to proceed. Because the widow is the client, Rule…
May a judge appear in a family photo used in an adult child’s campaign for nonjudicial office?
Yes, if the campaign does not identify the judge by title, depict indicia of judicial office, or otherwise implicate that office, and the use complies with Canon 7. The opinion overrules Opinion 82-143.
Must a judge recuse when a brother-in-law on a municipal commission will testify in a case involving the municipality?
Commission membership alone does not require recusal. The judge is disqualified if the relative is a material witness, has a substantially affected interest, or another stated ground calls…
May a Wyoming judge give character testimony about a lawyer at a disciplinary hearing without a subpoena?
Wyoming JEAC Opinion 2018-01 says the judge may give the anticipated character testimony only if formally summoned or subpoenaed. It distinguishes factual cooperation with a disciplinary agency from…
May a circuit judge candidate remain president of a plaintiffs’ lawyers association during the campaign?
West Virginia JIC Opinion 2018-05 requires the candidate to resign immediately as president of the West Virginia Association for Justice while running for circuit judge.
May a judge serve as executor for a great-nephew’s estate and accept the statutory fee?
A majority in West Virginia JIC Opinion 2018-04 permits service for the great-nephew’s estate and the statutory compensation, with the compensation reported on the judicial extrajudicial form.
Does an elected official's campaign endorsement disqualify a judge from a case involving the official's city?
The committee found no disqualification in the specific city case. It said endorsement does not automatically require recusal; the nature of the support, the case, and the official's connection to…
May a Colorado judge help organize and play in a scholarship golf fundraiser honoring the judge's late son?
The judge may help plan and play in the fundraiser, and may personally invite family members and judges outside the judge's supervisory or appellate authority. The Board allowed the son's name on…
Can a lawyer limit how and when a difficult client communicates, and when may the lawyer withdraw?
Yes. A lawyer may set reasonable time-and-manner limits on client communications, such as scheduled appointments or writing, as long as the substantive duties of Rule 1.4 are met. If communication…
Must a magistrate assistant resign to run for circuit clerk?
West Virginia JIC Opinion 2018-03 requires the assistant to resign immediately if she chooses to run for circuit clerk.
May a candidate for the House of Delegates also serve as treasurer of a judicial candidate’s campaign?
West Virginia JIC Opinion 2018-02 rejects concurrent service because voters could perceive the judicial candidate as endorsing the treasurer’s legislative campaign or views.
Can a lawyer cc or bcc their own client on emails to opposing counsel, and can opposing counsel reply-all to the client?
Copying a client on email to opposing counsel risks waiving confidences, and a lawyer who receives email with the opposing party cc'd must ask before replying-all. The opinion's better practice is…
Can a lawyer appointed individually as a foreclosure referee deposit sale proceeds into the law firm's IOLA account?
Yes. Serving as a foreclosure referee is incident to the practice of law, so Rule 1.15 applies. The attorney/referee may deposit third-party sale proceeds into the firm's IOLA or special account, or…
Can a lawyer in litigation against a government agency make public records requests to that agency without violating the no-contact rule?
Yes. The Committee concludes that making a public records request to a government agency the lawyer is suing does not violate Rule 4.2, because the request is 'authorized by law' under Nevada's…
If a lawyer keeps a client's file electronically, must they print it on request, and who pays?
The lawyer must take reasonable measures to deliver the file in a form the client can actually access, printing it when the client cannot use the electronic version, but the lawyer may charge the…
May a Colorado lawyer draft a majority-rule settlement agreement for jointly represented clients and later enforce it against a dissenting client?
The lawyer may draft the advance agreement after Rule 1.7 disclosures and informed consent, because Rule 1.8(g) does not yet apply. Once a specific settlement is proposed, every client must consent,…
Can a lawyer communicate directly with a low-level government employee when the government agency is represented by counsel?
Yes, qualified. The committee concluded that under Washington's Wright v. Group Health rule, RPC 4.2 bars contact only with government employees who have managing or speaking authority to bind the…
In insurance-defense or employer-paid representations, can the defense lawyer share the client's confidential information with a third-party administrator, broker, HR manager, or risk manager?
No, unless the lawyer's client gives informed consent. The committee concluded that even within the tripartite or quadripartite relationship, RPC 1.6(a) bars disclosing client confidential…
When a lawyer leaves one firm for another, what must the lawyer and the old firm tell clients, how are files transferred, and may the lawyer contact old-firm clients?
The committee concluded that both the departing lawyer and the old firm must notify clients of the lawyer's departure under RPC 1.4(a)(3); the client decides whether the file stays, moves, or goes…
May a judicial candidate use PAC endorsements, and how does this opinion address improper PAC ads?
West Virginia JIC Opinion 2018-22 permits PAC endorsements and independent ads but calls for disavowal and a cease-and-desist request for false, misleading, role-distorting or bias-implying statements.
Can one lawyer represent both spouses in an estate plan that requires them to waive their elective-share rights?
A lawyer may give both spouses general information about elective-share rights and waiver, and may advise on the estate plan after a waiver is executed, but advising both on whether to waive, or…
Under Missouri's January 2019 rule, when could an advanced flat fee be deposited outside trust?
An advanced flat fee of $2,000 or less could be deposited outside trust if clearly identified as covering the entire matter; the exception was permissive. Larger flat fees, installments toward them,…
May a Missouri lawyer avoid a court appointment because the matter is in an unfamiliar area of law?
Not merely for unfamiliarity. The lawyer need not have prior experience if competence can be achieved through study and preparation; avoidance requires good cause, including inability to reach the…
May a Missouri lawyer offer discount certificates for legal services at an educational seminar?
No. Legal-service information may be available to inquirers, but the lawyer or a nonlawyer presenter may not initiate an in-person promotion or discount offer. A later mailed solicitation is…
When may a Missouri lawyer accept third-party payment of a client's fee, and who receives a refund?
The client must give informed consent, judgment and the relationship must remain independent, and confidentiality must be protected. Consent should address refund ownership, disputed-fund handling,…
How may a Missouri lawyer help wind up a deceased solo lawyer's practice and access confidential files?
Absent advance client consent, only a court-appointed Rule 5.26 trustee may handle files, confidential trust records, funds, and assets. A lawyer may seek or accept appointment, and may separately…
May a Missouri lawyer crowdfund a client's legal fees and expenses?
Yes, if third-party-payment consent, independence, confidentiality, trust-account, refund, processing-fee, truthfulness, and legal requirements are met. A platform may not hold client funds or…
May a Missouri lawyer use cloud computing for client information?
Yes, with technology competence and fact-specific reasonable safeguards. The lawyer evaluates provider terms, security, breach and subpoena notice, ownership and access, backup, termination…
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.